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Michigan Law Review

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Books Received, Michigan Law Review Aug 1987

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Aug 1987

Periodical Index, Michigan Law Review

Michigan Law Review

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


Index - Volume 85, Michigan Law Review Aug 1987

Index - Volume 85, Michigan Law Review

Michigan Law Review

Contents of Volume 85: Subject Index, Articles, Notes, Authors, Books Reviewed


John W. Reed, James K. Robinson Jun 1987

John W. Reed, James K. Robinson

Michigan Law Review

A tribute to John W. Reed


John W. Reed, Austin G. Anderson Jun 1987

John W. Reed, Austin G. Anderson

Michigan Law Review

A tribute to John W. Reed


Citizen Suits And Civil Penalties Under The Clean Water Act, James L. Thompson Jun 1987

Citizen Suits And Civil Penalties Under The Clean Water Act, James L. Thompson

Michigan Law Review

Part I briefly describes the division that currently exists between the Fourth, Fifth, and First Circuits. Part II analyzes the arguments relating to statutory construction, focusing on statutory language and structure as illuminated by legislative history. Part III examines the broader policy considerations arising when courts decide questions of citizen suit jurisdiction under section 505. Resolution of this issue has usually entailed an extreme interpretation of section 505, either very rarely allowing suits for past violations or allowing them in all cases. Parts II and III argue that the most appropriate response to this problem is actually the less frequently …


Restricting Adult Access To Material Obscene As To Juveniles, Ann H. Coulter Jun 1987

Restricting Adult Access To Material Obscene As To Juveniles, Ann H. Coulter

Michigan Law Review

This Note considers whether state regulations that restrict juvenile access to material that is obscene as to minors unconstitutionally encroach upon the first amendment rights of adults. Part I briefly describes the Court's opinion in Ginsberg. Part II introduces the "O'Brien analysis" and discusses the aspects of juvenile access restrictions that tend to make O'Brien scrutiny applicable. In this context the frequently relaxed judicial review of governmental restrictions on sexually related material will be discussed. Having concluded that the O'Brien analysis is applicable to access restrictions, Part III applies the test and ultimately concludes that juvenile access restrictions survive …


The Constitutionality Of Punitive Damages Under The Excessive Fines Clause Of The Eighth Amendment, Andrew M. Kenefick Jun 1987

The Constitutionality Of Punitive Damages Under The Excessive Fines Clause Of The Eighth Amendment, Andrew M. Kenefick

Michigan Law Review

This Note explores whether courts should look beyond the broad language in Ingraham v. Wright and scrutinize punitive damages under the excessive fines clause. Part I sets out the intuitive argument that punitive damages are analogous to criminal fines. Part II analyzes the Supreme Court's decision in Ingraham v. Wright and also reviews the few federal and state court decisions that have dealt with the excessive fines clause in civil cases, most of which have concluded that the clause has no application in a civil setting. This Part asserts that courts cannot rely solely on the Ingraham decision but must …


Books Received, Michigan Law Review Jun 1987

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Jun 1987

Periodical Index, Michigan Law Review

Michigan Law Review

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


Legality And Empathy, Lynne N. Henderson Jun 1987

Legality And Empathy, Lynne N. Henderson

Michigan Law Review

This article rejects the assumption that legality - by which I mean the dominant belief system about the Rule and role of Law - and empathy are mutually exclusive concepts. Failure to recognize the phenomenon of empathy explicitly in legal decisions more generally may result from a fear of the emotional realm as irrational, rather than a rational. It may stem from a belief that the divide between "subject" and "object" is uncrossable. The resistance to empathy may be attributable to the adversarial ideology acquired during law school understanding the adversary is not important unless it serves one's instrumental …


Law And Rhetoric, Richard H. Weisberg May 1987

Law And Rhetoric, Richard H. Weisberg

Michigan Law Review

A Review of Heracles' Bow: Essays on the Rhetoric and Poetics of the Law by James Boyd White


The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson May 1987

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Michigan Law Review

This article is an attempt to collect some of the books, fiction as well as nonfiction, that deal with the true sources of the law of the American West. My effort is only to identify readily available works, not the myriad government documents, diaries, doctoral theses, and out-of-print books that afford invaluable depth on individual topics. Nor is there any pretension to complete coverage. Inevitably, there will be omissions when the sweep is as broad as this article's. But I will omit none of my personal favorites, those many books that have enriched my life and allowed me one of …


Women And The Law Of Property In Early America, David H. Bromfield May 1987

Women And The Law Of Property In Early America, David H. Bromfield

Michigan Law Review

A Review of Women and the Law of Property in Early America by Marylynn Salmon


Toleration And The Constitution, Judith L. Hudson May 1987

Toleration And The Constitution, Judith L. Hudson

Michigan Law Review

A Review of Toleration and the Constitution by David A.J. Richards


The Rise Of Modern Judicial Review: From Constitutional Interpretation To Judge-Made Law, Ward A. Greenberg May 1987

The Rise Of Modern Judicial Review: From Constitutional Interpretation To Judge-Made Law, Ward A. Greenberg

Michigan Law Review

A Review of The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law by Christopher Wolfe


Storm Center: The Supreme Court In American Politics, Nelson P. Miller May 1987

Storm Center: The Supreme Court In American Politics, Nelson P. Miller

Michigan Law Review

A Review of Storm Center: The Supreme Court in American Politics by David M. O'Brien


Punishment: Desert And Crime Control, Ernest Van Den Haag May 1987

Punishment: Desert And Crime Control, Ernest Van Den Haag

Michigan Law Review

A Review of Past or Future Crimes: Deservedness and Dangerousness in the Sentencing of Criminals by Andrew von Hirsch


Intergenerationalism And Constitutional Law, Ira C. Lupu May 1987

Intergenerationalism And Constitutional Law, Ira C. Lupu

Michigan Law Review

A Review of Constitutional Law by Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein and Mark V. Tushnet and Constitutional Law: Cases -- Comments -- Questions by William B. Lockhart, Yale Kamisar, Jesse H. Choper, and Steven H. Shiffrin


Arguing About Rights, Charles M. Yablon May 1987

Arguing About Rights, Charles M. Yablon

Michigan Law Review

A Review of by Rex Martin


Front Matter, Michigan Law Review May 1987

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 85, Issues 5 & 6 of Michigan Law Review


Law. Liberalism And Free Speech, M. Sean Laane May 1987

Law. Liberalism And Free Speech, M. Sean Laane

Michigan Law Review

A Review of Law, Liberalism and Free Speech by D.F.B. Tucker


Legal Theory And Common Law, Robert R. Morse Jr. May 1987

Legal Theory And Common Law, Robert R. Morse Jr.

Michigan Law Review

A Review of Legal Theory and Common Law edited by William Twining


The Moral Dimensions Of Politics, Steven G. Bradbury May 1987

The Moral Dimensions Of Politics, Steven G. Bradbury

Michigan Law Review

A Review of The Moral Dimensions of Politics by Richard J. Regan


Freedom Of Speech, Melissa H. Maxman May 1987

Freedom Of Speech, Melissa H. Maxman

Michigan Law Review

A Review of Freedom of Speech by Eric Barendt


Discrimination, Jobs, And Politics: The Struggle For Equal Employment Opportunity In The United States Since The New Deal, James L. Thompson May 1987

Discrimination, Jobs, And Politics: The Struggle For Equal Employment Opportunity In The United States Since The New Deal, James L. Thompson

Michigan Law Review

A Review of Discrimination, Jobs, and Politics: The Struggle for Equal Employment Opportunity in the United States since the New Deal by Paul Burstein


Suing The Press: Libel, The Media, And Power, Michael L. Chidester May 1987

Suing The Press: Libel, The Media, And Power, Michael L. Chidester

Michigan Law Review

A Review of Suing the Press: Libel, the Media, and Power by Rodney A. Smolla


Sanctuary: The New Underground Railroad, Daniel M. Brinks May 1987

Sanctuary: The New Underground Railroad, Daniel M. Brinks

Michigan Law Review

A Review of Sanctuary: The New Underground Railroad by Renny Golden and Michael McConnell


Special Care: Medical Decisions At The Beginning Of Life, Jonathan H. Margolies May 1987

Special Care: Medical Decisions At The Beginning Of Life, Jonathan H. Margolies

Michigan Law Review

A Review of Special Care: Medical Decisions at the Beginning of Life by Fred M. Frohock


The Legal History Of The Family, Lee E. Teitelbaum May 1987

The Legal History Of The Family, Lee E. Teitelbaum

Michigan Law Review

A Review of Governing the Hearth: Law and the Family in Nineteenth-Century America by Michael Grossberg