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Articles 1981 - 2010 of 8523
Full-Text Articles in Entire DC Network
The Man In The Mirror, David A. Logan
The Man In The Mirror, David A. Logan
Michigan Law Review
A Review of Cardozo: A Study in Reputation by Richard A. Posner
The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman
The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman
Michigan Law Review
A Review of The Justice from Beacon Hill: The Life and Times of Oliver Wendell Holmes by Liva Baker
Chutzpah, David A. Nacht
Chutzpah, David A. Nacht
Michigan Law Review
A Review of Chutzpah by Alan M. Dershowitz
J. Edgar Hoover: The Man And The Secrets, Kurt A. Schmautz
J. Edgar Hoover: The Man And The Secrets, Kurt A. Schmautz
Michigan Law Review
A Review of J. Edgar Hoover: The Man and the Secrets by Curt Gentry
Which Side Are You On?: Trying To Be For Labor When It's Flat On Its Back, John Edward Connelly
Which Side Are You On?: Trying To Be For Labor When It's Flat On Its Back, John Edward Connelly
Michigan Law Review
A Review of Which Side Are You On?: Trying to Be for Labor When It's Flat on Its Back by Thomas Geoghegan
Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler
Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler
Michigan Law Review
A Review of Equality Transformed: A Quarter-Century of Affirmative Action by Herman Belz and A Conflict of Rights: The Supreme Court and Affirmative Action by Melvin I. Urofsky
Do Courts Matter?, Stephen L. Carter
Do Courts Matter?, Stephen L. Carter
Michigan Law Review
A Review of The Hollow Hope: Ca Courts Bring About Social Change? by Gerald N. Rosenberg
The Quest For Justice, James S. Fishkin
The Quest For Justice, James S. Fishkin
Michigan Law Review
A Review of Affirmative Action and Justice: A Philosophical and Constitutional Inquiry by Michel Rosenfeld
Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr.
Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr.
Michigan Law Review
A Review of The Illusion of Equality: The Rhetoric and Reality of Divorce Reform by Martha Albertson Fineman
Law's Paradise Lost?, Douglas H. Ginsburg
Law's Paradise Lost?, Douglas H. Ginsburg
Michigan Law Review
A Review of The Litigation Explosion: What Happened When America Unleashed the Lawsuit by Walter K. Olson
Medieval Iceland And Modern Legal Scholarship, Richard A. Posner
Medieval Iceland And Modern Legal Scholarship, Richard A. Posner
Michigan Law Review
A Review of Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland by William Ian Miller
Galileo's Revenge: Junk Science In The Courtroom, John F. Baughman
Galileo's Revenge: Junk Science In The Courtroom, John F. Baughman
Michigan Law Review
A Review of Galileo's Revenge: Junk Science in the Courtroom by Peter W. Huber
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front matter for Volume 90, Issue 5 of Michigan Law Review
Some Lesson About The Law From Self-Referential Problems In Mathematics, John M. Rogers, Robert E. Molzon
Some Lesson About The Law From Self-Referential Problems In Mathematics, John M. Rogers, Robert E. Molzon
Michigan Law Review
We first describe briefly mathematician Kurt Gödel's brilliant Incompleteness Theorem of 1931, and explore some of its general implications. We then attempt to draw a parallel between axiomatic systems of number theory (or of logic in general) and systems of law, and defend the analogy against anticipated objections. Finally, we reach two types of conclusions. First, failure to distinguish between language and metalanguage in mathematical self-referential problems leads to fallacies that are highly analogous to certain legal fallacies. Second, and perhaps more significantly, Gödel's theorem strongly suggests that it is impossible to create a legal system that is "complete" in …
Periodical Index, 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
Section 1983 And Implied Rights Of Action: Rights, Remedies, And Realism, Michael A. Mazzuchi
Section 1983 And Implied Rights Of Action: Rights, Remedies, And Realism, Michael A. Mazzuchi
Michigan Law Review
This Note criticizes the Court's current reconciliation of the implied right of action and section 1983 inquiries, and argues that the availability of lawsuits under section 1983 should be the same as under an implied right of action test. Part I, by offering a working definition of rights, suggests an approach to identifying statutorily created rights. Part II discusses the evolution of the Court's implied right of action ' jurisprudence, and explores several explanations for the Court's hesitancy to create implied rights of action. Part III examines the influence of the Court's implied right of action test on its jurisprudence …
Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman
Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman
Michigan Law Review
This Note develops a simple set of principles useful for defining navigable waters in a contemporary context. Part I considers why federal admiralty jurisdiction exists, and traces the evolution of the phrase navigable waters as a term of art. Part II analyzes the conflicting contemporary definitions of navigable waters. Part III resolves the conflict by proposing guidelines that address the major concerns of all competing definitions. The system advocated is consistent with the goals of admiralty, constitutionally sound, easy to apply, and focuses attention on the nexus test to resolve the issue of whether particular cases "belong" in admiralty.
Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas
Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas
Michigan Law Review
This Note analyzes contemporary business practices and specific characteristics of the new media, and suggests a judicial response consonant with courts' approaches to the earlier technologies of telegraphy and teletype. Part I examines the effect of the Statute of Frauds and rules of authentication upon contracts formed using these media. It concludes that documents produced by telefacsimile and electronic mail systems should be considered ordinary writings. Part II considers the Best Evidence Rule and argues that telefacsimiles and electronic mail transmissions should be considered the best evidence of the contract they memorialize. Part III evaluates doctrines of liability allocation in …
The Liability Of Officers And Directors Under The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Jon Shepherd
The Liability Of Officers And Directors Under The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Jon Shepherd
Michigan Law Review
This Note argues that FIRREA's gross negligence standard implements a minimum federal requirement that preempts state law only to the extent state law provides a more relaxed criterion. Part I examines the plain meaning of the statute and concludes that FIRREA preempts state law only to the extent the state law standard of care is lower than gross negligence. Part II scrutinizes FIRREA's legislative history and demonstrates that Congress did not intend to prevent states from imposing more stringent standards of liability. Part III analyzes the policies behind FIRREA and argues that the statute's purposes are best served by allowing …
An Economic And Political Look At Federalism In Taxation, Daniel Shaviro
An Economic And Political Look At Federalism In Taxation, Daniel Shaviro
Michigan Law Review
Part I of this article examines the reasons for preferring locationally neutral taxes and explains the basic tension between locational neutrality and state and local autonomy in taxation. Part II examines the federal judicial check on state and local taxation, which often relies on a principle barring discrimination against outsiders or interstate commerce. Part III explores the need for a broad federal judicial check by examining state and local governments' reasons for imposing (or avoiding) locationally distortive taxes, the countervailing benefits of allowing such governments broad autonomy in taxation, and Congress' willingness to strike down locationally distortive taxes under its …
Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status, Gregory P. Magarian
Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status, Gregory P. Magarian
Michigan Law Review
This Note argues that courts should recognize minor-party presidential candidates' standing to challenge the section 50l(c)(3) tax-exempt status of organizations sponsoring televised debates that exclude minor-party candidates. Part I situates the issue within the context of the Supreme Court's standing jurisprudence and concludes that the validity of a third-party tax-status challenge by an aggrieved minor-party presidential candidate remains an open question. Part II analyzes the Second and District of Columbia Circuits' decisions and concludes that the Second Circuit's approach properly interprets the Supreme Court's standing doctrine and correctly resolves the particular arguments which both courts consider. Part III first demonstrates …
Law, Politics, And The Claims Of Community, Stephen A. Gardbaum
Law, Politics, And The Claims Of Community, Stephen A. Gardbaum
Michigan Law Review
This article aims to provide this needed analysis and then to show how it illuminates many of the exchanges taking place within the legal academy. It argues that the first step toward understanding "the claims of community" - whether in law or moral and political theory - is to recognize that, as the phrase itself suggests, more than one claim is involved. Merely to observe that the various proponents of community have as yet failed to establish a common and coherent communitarian position, though certainly true, is to miss the more critical insight: they are not engaged in such an …
The Failed Discourse Of State Constitutionalism, James A. Gardner
The Failed Discourse Of State Constitutionalism, James A. Gardner
Michigan Law Review
In this article, I approach these questions in two steps. First, I examine the status of state constitutional law as it is practiced today. I conclude that, contrary to the claims of New Federalism, state constitutional law today is a vast wasteland of confusing, conflicting, and essentially unintelligible pronouncements. I argue that the fundamental defect responsible for this state of affairs is the failure of state courts to develop a coherent discourse of state constitutional law that is, a language in which it is possible for participants in the legal system to make intelligible claims about the meaning of state …
Periodical Index, 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
Looking At Our Language: Glendon On Rights, James Boyd White
Looking At Our Language: Glendon On Rights, James Boyd White
Michigan Law Review
A Review of Rights Talk: The Impoverishment of Political Discourse by Mary Ann Glendon
Less Law Than Meets The Eye, David D. Friedman
Less Law Than Meets The Eye, David D. Friedman
Michigan Law Review
A Review of Order Without Law: How Neighbors Settle Disputes by Robert C. Ellickson
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Michigan Law Review
So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly's answer is generally no, 113 and the MaHaRaL's is yes.
Periodical Index, 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
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Misuse Of The Antitrust Laws: The Competitor Plaintiff, Edward A. Snyder, Thomas E. Kauper
Misuse Of The Antitrust Laws: The Competitor Plaintiff, Edward A. Snyder, Thomas E. Kauper
Michigan Law Review
In this article we ask (1) under what circumstances are competitor suits meritorious, and (2) do existing rules, such as those requiring proof of market power or other so-called filters and the requirement that plaintiffs suffer "antitrust injury," afford a reasonable prospect of eliminating anticompetitive misuses of the remedy by competitor plaintiffs? We evaluate a sample of seventy-four cases in which plaintiffs sued their rivals to learn how competitor plaintiffs use the private antitrust remedy. And because many of these cases allege anticompetitive exclusionary practices, we consider how recent theories of exclusionary practices may be used to support competitor claims. …