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Innovations In Policing: A Review Of The New Blue Line, Norval Morris

Michigan Law Review

A Review of The New Blue Line: Police Innovation in Six American Cities by Jerome H. Skolnick and David H. Bayley

Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear

Michigan Law Review

A Review of Dangerous Offenders: The Elusive Target of Justice by Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman

William Hastie: Grace Under Pressure, Mark S. Cohen

Michigan Law Review

A Review of William Hastie: Grace Under Pressure by Gilbert Ware

The Glittering Eye Of Law, Geoffrey P. Miller

Michigan Law Review

A Review of The Authoritative and the Authoritarian by Joseph Vining

Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser

Michigan Law Review

A Review of Beyond Busing: Inside the Challenge to Urban Segregation by Paul R. Dimond

The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn

Michigan Law Review

A Review of The New American Dilemma: Liberal Democracy and School Desegregation by Jennifer L. Hochschild

Introduction: Is Cultural Criticism Possible?, James Boyd White

Michigan Law Review

It is by now something of a truism that the abstract and conceptual modes of discourse that have dominated our intellectual life in the past century have led to a rather reduced and schematic view of law. Moved by the desire to talk about social institutions in a neutral and scientific way, scholars beginning at least with John Austin have sought to define law as a set of rules, promulgated by a sovereign and addressed to the behavior of subject individuals, all in an attempt to isolate legal phenomena from their context for scientific study. Rules, on this view, are …

A Comment On Religious Convictions And Lawmaking, John H. Garvey

Michigan Law Review

Professor Kent Greenawalt's Cooley Lectures on Religious Convictions and Lawmaking are fresh, honest, and thoughtful. They offer some troubling questions for liberal democratic theorists (Greenawalt names Bruce Ackerman and John Rawls as representatives of the class) who argue that good citizens and officials should set their religious co~victions aside when they deal with political questions. Greenawalt contends that religious liberal democrats are not committed to such a program of self-denial - that sometimes (though not always) political judgments can rest on religious convictions. I think he is right but too modest about the implications of his thesis.

Religious Convictions And Lawmaking, Kent Greenawalt

Michigan Law Review

In Part I, I introduce the subject of liberal democracy, rationality, and religion. I explain briefly why this subject merits our attention. I then indicate variant positions about it and my own summary conclusions. I develop a partial model of our liberal democracy from which the issue can be addressed in context. I next consider two kinds of concrete social issues, consenting sexual acts among adults and the protection of animals and the natural environment. During this treatment I indicate more fully how religious convictions affect judgments about desirable laws, and I analyze the claim that good citizens should not …

Sex Discrimination In Newscasting, Leslie S. Gielow

Michigan Law Review

This Note argues that the current judicial deference to viewer surveys used by television stations in newscasting employment decisions is unwarranted. Part I explores how different treatment of women newscasters constitutes sex-plus discrimination. Part II demonstrates that viewer surveys almost always reflect sexual stereotypes that are impermissible under title VII, and argues that such surveys should be presumptively inadmissible as evidence to rebut a claim of sex discrimination. Indeed, mere use of these surveys may in and of itself establish a prima facie case of sex discrimination.

Part III contends that sex discrimination in the news industry resulting from the …

Cameras In The Courtroom: Guidelines For State Criminal Trials, Nancy T. Gardner

Michigan Law Review

This Note analyzes the conflicting interests involved in televising state criminal trials and proposes a model set of guidelines for consideration by states that decide to permit electronic media in their courtrooms. The Note favors restrictions on broadcasters once in the courtroom and advocates that the defendant's right to a fair trial receive more scrupulous protection than the broadcast media's interest in attendance and the public's "right to know." Part I presents the constitutional principles with which any set of guidelines must comply. Part II analyzes the policy considerations that should guide the formulation of state guidelines, and concludes that …

Privity Revisited: Tort Recovery By A Commercial Buyer For A Defective Product's Self-Inflicted Damage, Mark A. Kaprelian

Michigan Law Review

This Note argues that if a seller and a commercial buyer are in privity, damage to a product resulting from its own defect should not be recoverable by a commercial buyer in a tort action. Part I shows how the conflict arises and examines the judicial boundaries that are normally drawn between tort and warranty liability. Part II contrasts the rationales for the warranty and tort remedies, with particular emphasis on the Uniform Commercial Code and Section 402A of the Restatement (Second) of Torts. Part III argues that if a seller and a commercial buyer are in privity and …

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

Moral Discourse And Family Law, Lee E. Teitelbaum

Michigan Law Review

It seems appropriate in the early stages of an experiment in legal publishing to say something about it, if only because few forms have been as resistant to innovation as the law review. The creation of a section for correspondence regarding recent articles provides a medium for conducting just the national discourse which scholarship aspires to provoke and which does occur in private conversations or letters and, occasionally, in panels at professional meetings. To talk in print about a colleague's work - to praise it, qualify it, pursue suggested or alternate lines of thought - is not only an enjoyable …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 84, Issue 2 of Michigan Law Review

Antitrust Policy After Chicago, Herbert Hovenkamp

Michigan Law Review

This article begins with the premise that nothing - not even an intellectual structure as imposing as the Chicago School - lasts forever. In fact, a certain amount of stagnation is already apparent. Most of the creative intellectual work of the Chicago School has already been done - done very well, to be sure. The new work too often reveals the signs of excessive self-acceptance, particularly of quiet acquiescence in premises that ought to be controversial.

Today the cutting edge of antitrust scholarship is coming, not from protagonists of the Chicago School, but rather from its critics. The critics began …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

The Formulaic Constitution, Robert F. Nagel

Michigan Law Review

This essay explores the ways in which the formulaic style is different from other, older forms of constitutional doctrine. It argues that the modern style affects the content that the Court finds in the Constitution and that it illuminates the current interpretive functions of the judiciary. Perhaps most importantly, the formulaic style establishes an identifiable relationship between the Court and the public and thus constrains how the Court's version of the Constitution bears upon the larger political culture.

An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth

Michigan Law Review

This Note attempts to resolve the arguments presented in the literature and the case law and determine whether the federal Constitution mandates a right to treatment for involuntarily incarcerated juveniles. Part I examines the varied situations that have given rise to right to treatment claims. Part II elucidates the three principal theories on which right to treatment claims have been based: (1) that because the purpose of incarcerating juveniles is to promote their welfare, rehabilitation is mandated by the due process requirement that the nature of the commitment "bear some reasonable relation to the purpose for which the individual is …

Periodical Index, Michigan Law Review

Michigan Law Review

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

The Moral Value Of Law, Philip Soper

Michigan Law Review

Suppose you have correctly concluded that it is your legal obligation to act or refrain from acting in a certain way. Can you, from that conclusion alone, say anything at all about what you ought to do morally?

An affirmative answer to this question implies that law has moral value regardless of content or circumstance: without knowing what the act is that the law commands or even what legal system has enacted the law, one would, on this view, be able to link the conclusion about legal obligation with some conclusion about moral responsibility. Such a view seems quite far-reaching …

The Transformation Rule Under Section 522 Of The Bankruptcy Code Of 1978, Raymond B. Check

Michigan Law Review

This Note rejects the statutory arguments that have been advanced in favor of the transformation rule, and argues that the rule is inconsistent with both the policies motivating section 522 of the Bankruptcy Code and the overall purposes of the U.C.C. priority system. Part I examines the treatment of purchase money security in the U.C.C. scheme. It also describes the exemption provisions of the 1978 Bankruptcy Code and the legislative concerns that shaped those provisions. Part II summarizes the judicial adoption of the transformation rule and the statutory basis relied upon by courts in applying it. Part III argues that …

Periodical Index, Michigan Law Review

Michigan Law Review

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

The Class-Based Animus Requirement Of 42 U.S.C. § 1985(3): A Limiting Strategy Gone Awry?, Devin S. Schindler

Michigan Law Review

This Note focuses on Scott's impact on attempts to determine what groups fall within the statute. Part I examines the various class-based animus formulas generated by the circuits since Griffin and the potential impact of Scott on these formulas. Part II argues that the key to understanding the scope of the class-based animus requirement lies in traditional fourteenth amendment equal protection analysis.

Books Received, Michigan Law Review

Michigan Law Review

A list of books received by Michigan Law Review

The Natural Duty To Obey The Law, Kent Greenawalt

Michigan Law Review

Though scholarly skepticism has been expressed during the past two decades, lawyers and others have often supposed that people have a moral obligation or duty to obey the law. This article is about one possible basis for that moral constraint, a natural duty. The article has a number of interrelated objectives. In it, I try to show briefly why theories of natural duty are so important in this context, how these theories differ from other moral bases for obedience, what the strengths and weaknesses are of particular arguments about a natural duty, what features unify apparently disparate approaches, what assumptions …

Moral Discourse And The Transformation Of American Family Law, Carl E. Schneider

Michigan Law Review

Family law has undergone momentous change in recent decades. In this Article, Professor Schneider proposes that the transformation in family law can be understood as a diminution in the law's discourse in moral terms about the relations between family members and as a transfer of moral decisions from the law to the people the law once regulated. Professor Schneider identifies countertrends and limits to the changes he describes, and then investigates the reasons for the changes. He hypothesizes that four forces helped change family law and moral discourse within family law: the legal tradition of noninterference in family affairs; the …

Thinking About The Elgin Marbles, John Henry Merryman

Michigan Law Review

In the early nineteenth century, a British Lord removed much of the sculpture from the Parthenon and shipped it to England. Housed in the British Museum and named after their exporter, the Elgin Marbles have become a source of international controversy. The Greeks wish to see the Marbles returned to the Acropolis and their position is supported by a growing movement seeking the repatriation of cultural property. The Elgin Marbles are representative of the many works of art in the world's museums and private collections that could be subject to repatriation. Rejecting the emotional appeal of the Greek position, Professor …

I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf

Michigan Law Review

This Note examines the question of what standard should be used for granting a new trial when a defendant's conviction is alleged to have been based, at least in part, on false testimony. Part I demonstrates the failure of the existing standards to strike a satisfactory balance between defendants' rights and the efficient administration of the criminal justice system. Part II argues that motions for retrial based upon false testimony should be governed by a standard drawn not only from newly discovered evidence cases generally, but also from cases involving prosecutorial misconduct. Finally, Part III suggests that the proper test …