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Michigan Law Review

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Articles 1981 - 2010 of 8523

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The Man In The Mirror, David A. Logan May 1992

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 May 1992

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 May 1992

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 May 1992

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 May 1992

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 May 1992

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 May 1992

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 May 1992

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. May 1992

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 May 1992

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 May 1992

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 May 1992

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 Mar 1992

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 Mar 1992

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 Mar 1992

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 Mar 1992

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 Mar 1992

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 Mar 1992

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 Mar 1992

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 Mar 1992

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 Feb 1992

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 Feb 1992

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 Feb 1992

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 Feb 1992

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 Jan 1992

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 Jan 1992

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 Dec 1991

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 Dec 1991

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 Dec 1991

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 Dec 1991

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. …