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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

The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff

Michigan Law Review

This Note argues that statutory copyright damages are properly regarded as equitable and hence that no right to a jury trial exists in cases brought to recover such damages. More generally, the Note maintains that the seventh amendment's distinction between equitable and legal causes of action has produced irrational consequences, and proposes that "legal" issues be defined narrowly so as to limit the scope of the seventh amendment. Part I analyzes the debate over statutory copyright damages, concluding that historical and statutory construction arguments require these damages to be construed as legal. Part II examines some of the problems that …

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 83: Subject Index, Articles, Authors, Book Reviews

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by the Michigan Law Review

The Second Death Of Federalism, William W. Van Alstyne

Michigan Law Review

In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.

Participatory Management Under Sections 2(5) And 8(A) (2) Of The National Labor Relations Act, Michigan Law Review

Michigan Law Review

This Note argues that participatory management programs initiated by the employer in nonunion settings should be permissible under the NLRA when they do not restrict the freedom of employees to choose their own bargaining representative. Section I describes the major currents of participatory management theory. Section II explores the restrictive interpretation the National Labor Relations Board (Board) and the courts have traditionally given those sections of the NLRA applicable to participatory management programs. Section III describes the increasingly permissive approach taken by some courts, and to a lesser extent by the Board, in applying the NLRA to participatory management settings. …

Periodical Index, Michigan Law Review

Michigan Law Review

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

Relief From Final Judgment Under Rule 60(B)(1) Due To Judicial Errors Of Law, Michigan Law Review

Michigan Law Review

This Note seeks to resolve these conflicts by proposing a sensible reading of rule 60(b )(1) that reconciles the basic philosophies underlying differing interpretations of the rule. Part I examines the history of rule 60(b)(l) and the policies espoused by the courts and commentators in considering whether the rule should be applied to judicial errors of law and concludes that courts should employ the rule to correct obvious judicial errors of law. Part II recommends a broad scope for rule 60(b )(1) motions, proposing that the only type of alleged judicial error outside the reach of such a motion should …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by the Michigan Law Review

Anti-Formalism In Recent Constitutional Theory, Mark V. Tushnet

Michigan Law Review

The focus in constitutional theory on judicial review rests on a much deeper political theory than the phrase "countermajoritarian difficulty" standing alone suggests. Majoritarian or democratic decision making is itself a solution to a set of problems that arise from a particular view of human nature and political action. In this Article, I identify, explicate, and criticize some recent developments in constitutional theory which are of interest to the extent that they reject that view of human nature and politics. I take as my focus important articles by Robert Burt, Robert Cover, Owen Fiss, Frank Michelman, and Cass Sunstein. I …

Two Models Of The Fourth Amendment, Craig M. Bradley

Michigan Law Review

Fourth amendment critics rank in rows, and it has been repeatedly pointed out that individual cases are inconsistent with each other or that whole chunks of doctrine, such as the automobile exception or the plain view exception, are either misconceived, too broad, or too narrow. But these critics all play the Court on its own field, simply arguing as tenth Justices that the doctrines should be tinkered with in different ways than the Court has done. This Article, in contrast, suggests that current fourth amendment law, complete with the constant tinkering which it necessarily entails, should be abandoned altogether. Instead, …

Motions For Appointment Of Counsel And The Collateral Order Doctrine, Michigan Law Review

Michigan Law Review

This Note argues that denials of motions for appointment of counsel should be immediately appealable under the collateral order exception to 28 U.S.C. § 1291. Part I examines the extent to which the collateral order doctrine modifies the finality rule. It argues that recent Supreme Court decisions that at first appear to have narrowed the doctrine have in fact only restated it. Part II applies the collateral order doctrine to orders denying appointment of counsel, concluding that such denials qualify for immediate review. Part III argues that policy considerations support this conclusion.

The Distinction Between The Scope Of Section 2(A) And Sections 2(D) And 2€ Of The Robinson-Patman Act, Michigan Law Review

Michigan Law Review

This Note argues that sections 2(d) and 2(e) were meant to cover only disguised discriminations not within the scope of section 2(a). If the seller's conduct falls within the scope of section 2(a), that section must be applied regardless of whether or not the conduct also falls within the language of section 2(d) or 2(e). Only when section 2(a) does not apply is recourse available under sections 2(d) and 2(e). Part I of this Note looks at general antitrust policy, the limitations of the Clayton Act that led to the enactment of the Robinson-Patman Act, and the legislative history of …

Marcus L. Plant, Walter Byers

Michigan Law Review

A Tribute to Marcus L. Plant

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

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

The Delegation Doctrine: Could The Court Give It Substance?, David Schoenbrod

Michigan Law Review

Part I of this Article demonstrates the need for a new approach to the delegation doctrine. It shows that the Court has failed to articulate a coherent test of improper delegation and that the alternative tests offered by commentators are not sufficient. Part II then sets forth a proposed test of improper delegation. The basic principles of an approach prohibiting delegations of legislative power are outlined and illustrated. This Article does not, however, attempt anything so grand as to suggest a final definition of the doctrine or to pass broadly on the validity of statutes. Such an encompassing analysis is …

The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce

Michigan Law Review

This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.

Does Charity Begin At Home? The Tax Status Of A Payment To An Individual As A Charitable Deduction, Michigan Law Review

Michigan Law Review

In White v. United States, the United States Court of Appeals for the Tenth Circuit reversed a district court decision and held that the taxpayers could deduct expenses they paid directly to their dependent son to support his missionary activities away from home. In Brinley v. Commissioner, the Tax Court sitting in Texas refused to follow the Tenth Circuit in White, and held that while the missionary son was entitled to deduct his personal expenses, the parents could not deduct their payment of the son's expenses.

This Note supports the result in Brinley and argues that the …

On The Threshold Of Wainwright V Sykes: Federal Habeas Court Scrutiny Of State Procedural Rules And Rulings, Michigan Law Review

Michigan Law Review

This Note examines specific problems which stand on the threshold of Wainwright v. Sykes. Resolution of these problems is necessary to determine whether a state ruling is based upon an adequate state procedural ground, requiring application of the cause-and-prejudice test before habeas review will be permitted. Part I analyzes the rationale for the rule of Wainwright v. Sykes as well as its historical underpinnings. Part II examines the treatment of state court decisions that are based both on a defaulted claim and, in the alternative, on the merits of that claim. This Part concludes that decisions containing such alternative …

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 83, Issue 4 of Michigan Law Review

Their Litigious Society, A.W. Brian Simpson

Michigan Law Review

A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer

The Birth Of A Public Corporation, Jon C. Teaford

Michigan Law Review

A Review of Public Property and Private Power: The Corporation of the City of New York in American Law, 1730-1870. by Hendrik Hartog

Blame The Messenger: Summers On Fuller, Paul A. Lebel

Michigan Law Review

A Review of Lon L. Fuller by Robert S. Summers

America's Unwritten Constitution: Science, Religion, And Political Responsibility, Michigan Law Review

Michigan Law Review

A Review of America's Unwritten Constitution: Science, Religion, and Political Responsibility by Don K. Price

Cannibalism And The Common Law: The Story Of The Tragic Last Voyage Of The Mignonette And The Strange Legal Proceedings To Which It Gave Rise, Michigan Law Review

Michigan Law Review

A Review of Cannibalism and the Common Law: The Story of the Tragic Last Voyage of the Mignonette and the Strange Legal Proceedings to Which it Gave Rise by A.W. Brian Simpson

Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review

Michigan Law Review

A Review of Dimensions of Tolerance: What Americans Believe About Civil Liberties by Herbert McClosky and Alida Brill

Measuring The Costs Of Civil Justice, Edward Brunet

Michigan Law Review

A Review of Costs of the Civil Justice System: Court Expenditures for Various Types of Civil Cases by J.S. Kakalik and R.L. Ross