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Michigan Law Review

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On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky Mar 1981

On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky

Michigan Law Review

A Review of The Politics of Justice: Lower Federal Judicial Selection and the Second Party System, 1829-1861 by Kermit L. Hall and Federal Courts in the Early Republic: Kentucky 1789-1816 by Mary K. Bonsteel Tachau


Case Selection In The United States Supreme Court, Michigan Law Review Mar 1981

Case Selection In The United States Supreme Court, Michigan Law Review

Michigan Law Review

A Review of Case Selection in the United States Supreme Court by Doris Marie Provine


Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review Mar 1981

Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review

Michigan Law Review

A Review of Law and Politics: The House of Lords as a Judicial Body, 1800-1976 by Robert Stevens


Psycholegal Research: Past And Present, Wallace D. Loh Mar 1981

Psycholegal Research: Past And Present, Wallace D. Loh

Michigan Law Review

A Review of The Psychology of Eyewitness Testimony by A. Daniel Yarmey, and Eyewitness Testimony by Elizabeth F. Loftus, and Social Psychology in Court by Michael J. Saks and Reid Hastie, and The Criminal Justice System and Its Psychology by Alfred Cohn and Roy Udolf


Law, Policy, And The Public Schools, Mark G. Yudof Mar 1981

Law, Policy, And The Public Schools, Mark G. Yudof

Michigan Law Review

A Review of Legislated Learning: The Bureaucratization of the American Classroom by Arthur Wise


Public School Meltdown, Stephen Arons Mar 1981

Public School Meltdown, Stephen Arons

Michigan Law Review

A Review of Education by Choice: The Case for Family Control by John Coons and Stephen Sugarman


Lawyers And The Pursuit Of Legal Rights, Michigan Law Review Mar 1981

Lawyers And The Pursuit Of Legal Rights, Michigan Law Review

Michigan Law Review

A Review of Lawyers and the Pursuit of Legal Rights by Joel F. Handler, Ellen Jane Hollingsworth and Howard S. Erlanger


Britain, Blacks, And Busing, Derrick Bell Mar 1981

Britain, Blacks, And Busing, Derrick Bell

Michigan Law Review

A Review of Doing Good By Doing Little: Race and Schooling in Britain by David L. Kirp


The Supreme Court: A Citadel For White Supremacy, Sidney Willhelm Mar 1981

The Supreme Court: A Citadel For White Supremacy, Sidney Willhelm

Michigan Law Review

A Review of Race, Racism and American Law by Derrick A. Bell, Jr.


Apartheid In America: A Historical And Legal Analysis Of Contemporary Racial Segregation In The United States, Michigan Law Review Mar 1981

Apartheid In America: A Historical And Legal Analysis Of Contemporary Racial Segregation In The United States, Michigan Law Review

Michigan Law Review

A Review of Apartheid in America: A Historical and Legal Analysis of Contemporary Racial Segregation in the United States by James A. Kushner


Confessions And The Court, Stephen J. Schulhofer Mar 1981

Confessions And The Court, Stephen J. Schulhofer

Michigan Law Review

A Review of Police Interrogation and Confessions: Essays in Law and Policy by Yale Kamisar


The Perils Of Writing An Intellectual History Of Torts, George C. Christie Mar 1981

The Perils Of Writing An Intellectual History Of Torts, George C. Christie

Michigan Law Review

A Review of Tort Law in America: An Intellectual History by G. Edward White


Social Research And The Use Of Medieval Criminal Records, Edward Powell Mar 1981

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt


Constitutional Law Casebooks: A View From The Podium, Robert A. Sedler Mar 1981

Constitutional Law Casebooks: A View From The Podium, Robert A. Sedler

Michigan Law Review

A Review of Constitutional Law: Cases and Materials by Edward L. Barrett, and Constitutional Law: Principles and Policy by Jerome A. Barron and C. Thomas Dienes, and The Process of Constitutional Decisionmaking by Paul Brest, and Constitutional Law--Cases ad Other Problems by Paul A. Freund, Arthur F. Sutherland, Mark DeWolf Howe and Ernest J. Brown, and Constitutional Law: Cases and Materials by Gerald Gunther, and Constitutional Law: Case and Materials b Paul Kauper and Francis Beytagh, and Constitutional Law: Cases--Comments--Questions by William B. Lockhart, Yale Kamisar, and Jesse H. Choper.


International Antitrust, James A. Rahl Mar 1981

International Antitrust, James A. Rahl

Michigan Law Review

A Review of United States, Common Market and International Antitrust: A Comparative Guide by Barry E. Hawk


Constitutional Adjudication: Deciding When To Decide, Carl Mcgowan Mar 1981

Constitutional Adjudication: Deciding When To Decide, Carl Mcgowan

Michigan Law Review

A Review of Judicial Review And The National Political Process: A Functional Reconsideration of the Role of the Supreme Court by Jesse H. Choper


Two Theories Of Criminal Justice, Alsen D. Miller Mar 1981

Two Theories Of Criminal Justice, Alsen D. Miller

Michigan Law Review

A Review of A Theory of Criminal Justice by Jan Gorecki, and A Theory of Criminal Justice by Hyman Gross


A True Deliverance: The Joan Little Case, Michigan Law Review Mar 1981

A True Deliverance: The Joan Little Case, Michigan Law Review

Michigan Law Review

A Review of A True Deliverance: The Joan Little Case by Fred Harwell


A Tale Of Two Laws, Barbara A. Black Mar 1981

A Tale Of Two Laws, Barbara A. Black

Michigan Law Review

A Review of The Rise and Fall of Freedom of Contract by Patrick S. Atiyah


Recent Books, Michigan Law Review Jan 1981

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Recent Developments In The Struggle For Probate Reform, Richard V. Wellman Jan 1981

Recent Developments In The Struggle For Probate Reform, Richard V. Wellman

Michigan Law Review

The two Als being honored by this issue have honored me with years of precious friendship and many words a!!-d acts of support and encouragement. In return, they and their friends and others who may peruse these pages prepared as they near retirement really deserve better reading than can be expected of an article that wallows in the dreadful details of legislation dealing with probate procedure. Conard and Smith are old hands when it comes to efforts at improvement of law and legal institutions. They know better than to immerse themselves deeply in a piece like the one that follows, …


Periodical Index, Michigan Law Review Jan 1981

Periodical Index, Michigan Law Review

Michigan Law Review

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


Change And Continuity In Legal Education, Roger C. Cramton Jan 1981

Change And Continuity In Legal Education, Roger C. Cramton

Michigan Law Review

Within this maelstrom of accelerating change, the American law school remains, by comparison, an island of stability. Change there has been; one of the purposes of this piece is to chronicle some major recent changes. But in broad outline the structure, method, and content of American legal education has remained remarkably untouched. Whether this demonstrates that American legal education is remarkably flexible in its adaptation to a changing legal environment or that it is irrelevant to social change, I leave to the reader.


"No Soul To Damn: No Body To Kick": An Unscandalized Inquiry Into The Problem Of Corporate Punishment, John C. Coffee Jr. Jan 1981

"No Soul To Damn: No Body To Kick": An Unscandalized Inquiry Into The Problem Of Corporate Punishment, John C. Coffee Jr.

Michigan Law Review

Because this Article's arguments are interwoven, a preliminary roadmap seems advisable. First, Section I will examine three perspectives on corporate punishment and will develop several concepts in terms of which corporate penalties should be evaluated. Although this analysis will suggest several barriers to effective corporate deterrence, Section II will explain why a sensible approach to corporate misbehavior still must punish the firm as well as the individual decision- maker. Section III will then evaluate three proposed approaches: (1) the "equity fine,'' (2) the use of adverse publicity, and (3) the fuller integration of public and private enforcement. In addition, it …


Recent Books, Michigan Law Review Dec 1980

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Dec 1980

Periodical Index, Michigan Law Review

Michigan Law Review

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


Black English And Equal Educational Opportunity, Michigan Law Review Dec 1980

Black English And Equal Educational Opportunity, Michigan Law Review

Michigan Law Review

There is a danger that the King case will be misunderstood. The press has sometimes portrayed it as a vindication of the right to use black English in the classroom rather than of the educational opportunities of the children who speak it, and the King opinion itself is at times confusing. This Note clarifies the meaning of King and section 1703(f) by examining four critical steps in Judge Joiner's reasoning. Section I examines the court's holding that "language barriers" under section l 703(f) include impediments to equal educational opportunity arising from dialect differences, and concludes that although the court's argument …


Restitution And Reform, Dale A. Oesterle Dec 1980

Restitution And Reform, Dale A. Oesterle

Michigan Law Review

A Review of Restitution and Reform by George E. Palmer


Regulation Through The Looking Glass: Hospitals, Blue Cross, And Certificate-Of-Need, Sallyanne Payton, Rhoda M. Powsner Dec 1980

Regulation Through The Looking Glass: Hospitals, Blue Cross, And Certificate-Of-Need, Sallyanne Payton, Rhoda M. Powsner

Michigan Law Review

A clear focus on the commitment of the public health and hospital establishments to the large teaching hospital and their belief in rationalizing the health care system through community-based planning allows us to understand the ideas and institutions that have produced our present system of hospital regulation. It can also help us to understand the structure and behavior of the hospital industry and can illuminate current controversies over health care policy.

What follows is a narrative account of the development of regional planning and certificate-of-need legislation. As part of that story, we trace the evolution of the Blue Cross, explain …


Notice By Citizen Plaintiffs In Environmental Litigation, Michigan Law Review Dec 1980

Notice By Citizen Plaintiffs In Environmental Litigation, Michigan Law Review

Michigan Law Review

This Note evaluates judicial handling of citizen suits tainted by defective notice. After reviewing the legislative history of the citizen suit provisions, the Note presents an array of judicial responses to defective notice and classifies decisions by their stringency in applying the notice provision. In the final section, the Note argues that Congress's purpose in requiring notice should determine the limits of judicial tolerance of defective notice. It concludes that courts should dismiss citizen suits unless actual notice of intent to sue, whether or not in the form specified by EPA regulations, was given sixty days before the filing of …