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Michigan Law Review

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The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff Mar 1982

The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff

Michigan Law Review

A Review of Shades of Brown: New Perspectives on School Desegregation edited by Derrick Bell


The First American Constitutions: Republican Ideology And The Making Of The State Constitutions In The Revolutionary Era, Michigan Law Review Mar 1982

The First American Constitutions: Republican Ideology And The Making Of The State Constitutions In The Revolutionary Era, Michigan Law Review

Michigan Law Review

A Review of The First American Constitutions: Republican Ideology and the Making of the State Constitutions in the Revolutionary Era by Willi Paul Adams


The Straight And Narrow Path, Gerald T. Dunne Mar 1982

The Straight And Narrow Path, Gerald T. Dunne

Michigan Law Review

A Review of Democracy and Distrust: A Theory of Judicial Review by John Hart Ely


Charles Black's Rediscovery Of The Ninth Amendment, And What He Found There, Russell L. Caplan Mar 1982

Charles Black's Rediscovery Of The Ninth Amendment, And What He Found There, Russell L. Caplan

Michigan Law Review

A Review of Decision According to Law by Charles L. Black, Jr.


Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth Mar 1982

Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth

Michigan Law Review

A Review of On the Laws and Customs of England: Essays in Honor of Samuel E. Thorne edited by Morris S. Arnold, Thomas A. Green, Sally A. Scully and Stephen D. White


The Use/Nonuse/Misuse Of Applied Social Research In The Courts, Michigan Law Review Mar 1982

The Use/Nonuse/Misuse Of Applied Social Research In The Courts, Michigan Law Review

Michigan Law Review

A Review of The Use/Nonuse/Misuse of Applied Social Research in the Courts edited by Michael J. Saks and Charles H. Baron


On Describing Legal Research, Steven M. Barkan Mar 1982

On Describing Legal Research, Steven M. Barkan

Michigan Law Review

A Review of Fundamentals of Legal Research. 2d ed. by J. Myron Jacobstein and Roy M. Mersky


Index To Book Reviews In American Law Reviews, Michigan Law Review Mar 1982

Index To Book Reviews In American Law Reviews, Michigan Law Review

Michigan Law Review

This index includes book reviews that have appeared in American law reviews since the compilation of books for the 1981 Survey of Books Relating to the Law


On The Craft And Philosophy Of Judging, James L. Oakes Mar 1982

On The Craft And Philosophy Of Judging, James L. Oakes

Michigan Law Review

A Review of The Ways of a Judge: Reflections from the Federal Appellate Bench by Frank M. Coffin


On The Relation Between The Rule Of Law And Public Opinion, John V. Orth Mar 1982

On The Relation Between The Rule Of Law And Public Opinion, John V. Orth

Michigan Law Review

A Review of The Rule of Law: Albert Venn Dicey, Victorian Jurist by Richard A. Cosgrove


Toward A New Theory Of Roman Law, David F. Pugsley Mar 1982

Toward A New Theory Of Roman Law, David F. Pugsley

Michigan Law Review

A Review of Landlords and Tenants in Imperial Rome by Bruce W. Frier


Models Of Regulation, James V. Delong Mar 1982

Models Of Regulation, James V. Delong

Michigan Law Review

A Review of The Politics of Regulation edited by James Q. Wilson


Trial And Error: The Detroit School Segregation Case, Michigan Law Review Mar 1982

Trial And Error: The Detroit School Segregation Case, Michigan Law Review

Michigan Law Review

A Review of Trial and Error: The Detroit School Segregation Case by Eleanor P. Wolf


Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review Mar 1982

Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review

Michigan Law Review

A Review of Law for the Elephant: Property and Social Behavior on the Overland Trial by John Phillip Reid


Judicial Reform And The Pound Conference Of 1976, J. Clifford Wallace Mar 1982

Judicial Reform And The Pound Conference Of 1976, J. Clifford Wallace

Michigan Law Review

A Review of The Pound Conference: Perspectives on Justice in the Future edited by A. Leo Levin and Russell R. Wheeler


Federal Jurisdiction: The Perils And Rewards Of Pulling Things Together, Gene R. Shreve Mar 1982

Federal Jurisdiction: The Perils And Rewards Of Pulling Things Together, Gene R. Shreve

Michigan Law Review

A Review of Federal Jurisdiction: Tensions in the Allocation of Judicial Power by Martin H. Redish


On Justifying Democracy, Michigan Law Review Mar 1982

On Justifying Democracy, Michigan Law Review

Michigan Law Review

A Review of On Justifying Democracy by William N. Nelson


Periodical Index, Michigan Law Review Jan 1982

Periodical Index, Michigan Law Review

Michigan Law Review

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


Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis Jan 1982

Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis

Michigan Law Review

This Article both examines these consequences and explains why they have departed so frequently from the ostensible goals of the policies that produced them. It also surveys the principal legal dilemmas that attend aesthetic policy-making, which is sensitive to the values actually at stake in the type of "aesthetic" controversies that legal institutions are called upon to resolve in American society. The aesthetic controls addressed are those adopted in such areas as zoning, historic or environmental preservation, and urban design to shape the visual appearance of the built and natural environments. The content of the aesthetics idea is explored through …


Applying Antidumping Law To Perishable Agricultural Goods, Michigan Law Review Jan 1982

Applying Antidumping Law To Perishable Agricultural Goods, Michigan Law Review

Michigan Law Review

This Note argues that the general sort of econometric test relied on by the Commerce Department in Mexican Vegetables represents a clear improvement over traditional price comparison methodology. Part I outlines important procedural and substantive aspects of the antidumping enforcement scheme and identifies several features of the traditional methodology that increase the likelihood of a less-than-fair-value finding in cases involving substantial price variation. Part II analyzes the economic characteristics of perishable agricultural goods that often produce wide variations in their prices. Part III finds that both the legislative history of the antidumping statute and economic theory proscribe only predatory pricing …


Strict Construction And Judicial Review Of Racial Discrimination Under The Equal Protection Clause: Meeting Raoul Berger On Interpretivist Grounds, Paul R. Dimond Jan 1982

Strict Construction And Judicial Review Of Racial Discrimination Under The Equal Protection Clause: Meeting Raoul Berger On Interpretivist Grounds, Paul R. Dimond

Michigan Law Review

In the face of this common understanding of the vagueness of much of the constitutional text, Berger bears the burden of proving that the equal protection clause was intended to enumerate specific, narrow protections against racial discrimination. This Article examines several contemporary sources to determine whether he has accomplished that task. It proceeds in six parts. Part I analyzes the text of the fourteenth amendment and contemporaneous congressional views on judicial review. Contrary to Berger's construction, the equal protection clause is not limited by its terms to the privileges or immunities clause or to the specific rights enumerated in the …


Front Matter, Michigan Law Review Dec 1981

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 80, Issue 2 of Michigan Law Review


Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg Dec 1981

Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg

Michigan Law Review

This Article addresses the substantial legal problems posed by Executive Order 12,291. Part I argues that the Order, taken as a whole or separated into its procedural and substantive components, violates the constitutional separation of powers. Drawing on the analytic framework outlined by Justice Jackson in the Steel Seizure case, Part I maintains that courts should demand clear congressional support for the Order's requirements. The available evidence, however, conclusively demonstrates Congress's intent to deny the President formalized, substantive control over administrative policymaking. As interpreted by the Supreme Court, moreover, the informal rulemaking provisions of the Administrative Procedure Act (AP A) …


Intramilitary Immunity And Constitutional Torts, Michigan Law Review Dec 1981

Intramilitary Immunity And Constitutional Torts, Michigan Law Review

Michigan Law Review

This Note examines the reasoning underlying these conflicting approaches and concludes that a general rule of qualified immunity, which more fully protects the constitutional rights of members of the armed forces, is also consistent with the legitimate needs of the military establishment. Part I demonstrates that courts considering the scope of immunity in constitutional tort cases cannot rely blindly upon the rules and policies applicable in nonconstitutional cases, but must also accommodate the constitutional interests. Part II applies this principle to cases involving military officers. It argues in Section A that Feres v. United States does not support an absolute …


Recent Books, Michigan Law Review Dec 1981

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Private Lawyers And Public Responsibilities, Carl Mcgowan Dec 1981

Private Lawyers And Public Responsibilities, Carl Mcgowan

Michigan Law Review

A half-century ago when this Law Quadrangle was conceived and constructed, it was surely an act of faith on the part of its wise and generous donor. So it was also of this University which undertook the challenge to make of his vision a reality - to provide, in the most magnificent plant for legal education this country has ever seen, instruction in the law and constant refinement of its ideals worthy of the most rigorous traditions of the higher learning.


Periodical Index, Michigan Law Review Dec 1981

Periodical Index, Michigan Law Review

Michigan Law Review

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


A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards Dec 1981

A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards

Michigan Law Review

At the recent Inaugural Lecture of the University of Windsor's Distinguished Scholars Program on Access to Justice, my former law teaching colleague, Professor Joseph Vining, delivered a speech entitled Justice, Bureaucracy, and Legal Method. Because, in my view, Professor Vining's address raised some disturbing questions, and some seriously misguided suggestions, about the growth of bureaucracy in the courts and the delivery of justice, I believe that a response is appropriate.


The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review Nov 1981

The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review

Michigan Law Review

This Note examines the courts' accommodation of the labor and bankruptcy policies when a debtor in possession or trustee seeks to reject a collective bargaining agreement. Part I criticizes a series of recent cases that failed to confront the statutory conflict. If these courts had recognized the conflict between the language of the Bankruptcy Act (now the Code) and the Labor Act, they would have been forced to consider whether the labor and bankruptcy policies actually clashed. Part II finds that in most instances they do not, and argues that requiring the debtor in possession to bargain with the union …


Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert Nov 1981

Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert

Michigan Law Review

When a fundamental constitutional right is at issue, it is admittedly difficult for the Court to treat the lower courts as laboratories. But if the constitutional right turns on empirical questions, it is better to wait for knowledge than to rush toward a judgment that may later be shown to have vitiated an important right across all circuits. If the Court feels compelled to resolve the conflict, the better decision - if empirical issues are seen as central - is to sustain the right to jury trial regardless of complexity. Sustaining that right will allow courts and researchers to collect …