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Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein

Michigan Law Review

In this essay I address the notion of caste in two separate contexts: in the traditional disputes over race and sex, and in the more modem disputes over sexual orientation. In both cases the idea of caste and its kindred notions of subordination and hierarchy are used to justify massive forms of government intervention. In all cases I think that these arguments are incorrect. In their place, I argue that the idea of caste should be confined to categories of formal, or legal, distinctions between persons before the law. This more limited notion of caste supplies no justification for the …

Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii

Michigan Law Review

The essay begins with a discussion of which groups deserve the protection of employment discrimination law. With the protected categories of Title VII of the 1964 Civil Rights Act etched into the American consciousness, many might consider the appropriate categories to be fully self-evident. But of course, they are not, and many jurisdictions continue to struggle over whether certain dispreferred groups merit the law's solicitude.

The Michael Jackson Pill: Equality, Race, And Culture, Jerome Mccristal Culp Jr.

Michigan Law Review

This chronicle is in tribute to the work of Derrick Bell, past, present, and future. I have borrowed his character Geneva Crenshaw as part of that tribute, and I hope she helps me raise some of the issues that he has taught us are important.

All characters in this chronicle are fictional, including Professor Culp and Professor Bell. Any relationship they may have to the real Professor Bell and Professor Culp is dictated by the requirements of creativity and the extent to which reality and fiction necessarily merge. I know that the real Derrick Bell is wiser than the one …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 92: Subject Index, Articles, Notes, Authors, Books Received

Hail Britannia?: Institutional Investor Behavior Under Limited Regulation, Bernard S. Black, John C. Coffee Jr.

Michigan Law Review

The two authors of this article have been on opposite sides of this debate, but both recognize that no single explanation is complete and that other factors, such as the self-interest of fund managers, the conflicts of interest faced by institutions who want to retain corporate business, cultural forces, collective action problems, and what we can call path dependence- the difficulty of changing the structure and behavior of highly evolved and specialized institutions - have causal roles in explaining shareholder passivity. The central question in research on American corporate governance is how these forces interact to produce the characteristic …

When Is The Senate In Recess For Purposes Of The Recess Appointment Clause?, Michael A. Carrier

Michigan Law Review

This Note argues that courts should interpret the Constitution to allow the President to make recess appointments only during intersession recesses of the Senate. Part I chronicles the history of presidential recess appointments. This Part highlights the increasing frequency of, and questionable need for, intrasession recess appointments in the past twenty-five years. Part II examines the text of the Recess Appointments Clause and the intentions of the Framers regarding the scope of the clause and the appointment power in general. This Part argues that the text and the Framers' intentions indicate that the President's power to make recess appointments should …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

The Equal Access To Justice Act--Are The Bankruptcy Courts Less Equal Than Others?, Matthew J. Fischer

Michigan Law Review

This Note argues that the bankruptcy courts have authority under the BAJA to shift fees against the federal government. Part I discusses the relevant caselaw and examines the basis of the current controversy. Part II examines the statutory language, the legislative history, and the stated purposes of the BAJA and concludes that each of these aspects of the statute demonstrates a congressional intent to grant fee-shifting authority to the bankruptcy courts. Part III considers alternatives to finding bankruptcy court jurisdiction over BAJA disputes, rejecting each as inefficient and unnecessary. This Note concludes that courts should construe the BAJA consistently with …

Insider Trading Deterrence Versus Managerial Incentives: A Unified Theory Of Section 16(B), Merritt B. Fox

Michigan Law Review

Part I of this article assesses the social costs of a crude rule of thumb. Because section 16(b) applies to a given class of paired transactions, it deters both transactions based on inside information and transactions not so based. Each time section 16(b) is stretched to include a class of paired transactions, it deters some additional innocent transactions. This side effect will take the form of officers' and directors' purchasing fewer shares in their own companies and refusing to accept as large a portion of their compensation in a form based on share price. There are strong theoretical and empirical …

Periodical Index, Michigan Law Review

Michigan Law Review

A Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

Making Elite Lawyers: Visions Of Law At Harvard And Beyond, Daniel A. Cohen

Michigan Law Review

A Review of Making Elite Lawyers: Visions of Law at Harvard and Beyond by Robert Granfield

Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve

Michigan Law Review

A Review of American Civil Procedure: An Introduction by Geoffrey C. Hazard, Jr. and Michele Taruffo

The Inherent Power In Mapping Ownership, Michael P. Conzen

Michigan Law Review

A Review of The Cadastral Map in the Service of the State: A History of Property Mapping by Roger J.P. Kain and Elizabeth Baigent

War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Bobbitt

Michigan Law Review

A Review of War and Responsibility: Constitutional Lessons of Vietnam and its Aftermath by John Hart Ely

Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau

Michigan Law Review

A Review of Violin Fraud: Deception, Forgery, Theft, and the Law by Brian W. Harvey

The Anatomy Of Antiliberalism, Jeffrey R. Costello

Michigan Law Review

A Review of The Anatomy of Antiliberalism by Stephen Holmes

No Pity: People With Disabilities Forging A New Civil Rights Movements, Cheryl A. Leighty

Michigan Law Review

A Review of No Pity: People with Disabilities Forging a New Civil Rights Movement by Joseph P. Shapiro

Inside Campaign Finance: Myths And Realities, Michael R. Phillips

Michigan Law Review

A Review of Inside Campaign Finance: Myths and Realities by Frank J. Sarauf

Moses And Modernism, Neil H. Cogan

Michigan Law Review

A Review of The Bill of Rights and the States: The Colonial and Revolutionary Origins of American Liberties by Patrick T. Conley and John P. Kaminski and State Constitutional Law: Litigating Individual Rights, Claims and Defenses by Jennifer Friesen and Reference Guides to the State Constitutions of the United States

The Constitution Of Reasons, Robin L. West

Michigan Law Review

A Review of The Partial Constitution by Cass R. Sunstein

The Constitution Besieged: The Rise And Demise Of Lochner Era Police Powers Jurisprudence, C. Ian Anderson

Michigan Law Review

A Review of The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence by Howard Gillman

The Interpretable Constitution, Steven C. Coberly

Michigan Law Review

A Review of The Interpretable Constitution by William F. Harris II

Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron

Michigan Law Review

A Review of Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom by Ronald Dworkin

Liberal Markets, Jeremy Waldron

Michigan Law Review

A Review of Risks and Wrongs by Jules L. Coleman

Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber

Michigan Law Review

A Review of Hegel's Political Philosophy: Interpreting the Practice of Legal Punishment by Mark Tunick

Light, Shadow, Science, And Law, Allen D. Boyer

Michigan Law Review

A Review of Francis Bacon by Daniel R. Coquillette

"Am I, By Law, The Lord Of The World?": How The Juristic Response To Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, Charles J. Reid Jr.

Michigan Law Review

A Review of The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition by Kenneth Pennington

Executive Detention In Time Of War, Richard A. Posner

Michigan Law Review

A Review of In the Highest Degree Odious: Detention Without Trial in Wartime Britain by A.W. Brian Simpson