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The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review

Michigan Law Review

A Review of The Cardinal's Court: The Impact of Thomas Wolsey in Star Chamber by John A. Guy

Law, Legitimacy, And Symbols: An Expanded View Of Law And Society In Transition, Malcolm M. Feeley

Michigan Law Review

A Review of Law and Society in Transition: Toward Responsive Law by Philippe Nonet and Philip Selznick

Do Defendants Have An Attorney When They Have A Public Defender, James Eisenstein

Michigan Law Review

A Review of Counsel for the Poor: Criminal Defense in Urban America by Robert Hermann, Eric Single, and John Boston

From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis

Michigan Law Review

A Review of The Best-Laid Plans: America's Juvenile Court Experiment by Ellen Ryerson

The Changing, But Not Declining, Significance Of Race, Thomas F. Pettigrew

Michigan Law Review

A Review of The Declining Significance of Race: Blacks and Changing American Institutions by William Julius Wilson

Supercharger: Igniting Interest In Corporate Tax, Edward J. Martineck

Michigan Law Review

A Review of Corporate Taxation and Taxation of Partnerships and Partners by Douglas A. Kahn and Pamela B. Gann

Casebooks On The Conflict Of Laws: Reflections Upon The Publication Of A New Book, Robert Allen Sedler

Michigan Law Review

A Review of Conflict of Laws: Cases and Materials by James A. Martin

A Prison And A Prisoner: The Provincial's View, Emily Calhoun

Michigan Law Review

A Review of A Prison and a Prisoner by Susan Sheehan

Legal Realism And Historical Method: J. Willard Hurst And American Legal History, Stephen Diamond

Michigan Law Review

A Review of Law and Social Order in the United States by James Willard Hurst

On Tapp (And Levine), Michael J. Saks

Michigan Law Review

A Review of Law, Justice, and the Individual in Society: Psychological and Legal Issues edited by June Louin Tapp and Felice J. Levine

The Politics Of Cancer, Michigan Law Review

Michigan Law Review

A Review of The Politics of Cancer by Samuel S. Epstein

The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider

Michigan Law Review

A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman

Order And Chaos: The Role Of International Law In Foreign Policy, Alfred P. Rubin

Michigan Law Review

A Review of Points of Choice by Roger Fisher

The Declaration Of Independence: The Reality Behind The Myth, Gerald F. Moran

Michigan Law Review

A Review of Inventing America: Jefferson's Declaration of Independence by Garry Wills

Persons And Consequences: Observations On Fried's Right And Wrong, Stephen R. Munzer

Michigan Law Review

A Review of Right and Wrong by charles Fried

Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob

Michigan Law Review

A Review of Doing Good: The Limits of Benevolence by Willard Gaylin, Ira Glasser, Steven Marcus, and David J. Rothman

How Liberated Was Judge Jerome Frank?, Michael E. Smith

Michigan Law Review

A Review of A Man's Reach: The Philosophy of Judge Jerome Frank edited by Barbara Frank Kristein

The Little Agency That Could, Sallyanne Payton

Michigan Law Review

A Review of Regulatory Justice: Implementing a Wage-Price Freeze By Robert A. Kagan

Contracts, Capability, And The Classroom, James C. Oldham

Michigan Law Review

A Review of The Capability Problem in Contract Law by Richard Danzig

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 77, Issue 2 of Michigan Law Review

The Law As A Path To The World, Francis A. Allen

Michigan Law Review

Many years ago the late Mr. Justice Oliver Wendell Holmes observed: "The law is a small subject (though ... it leads to all things) .... " The comments that follow are an elaboration of Justice Holmes's theme. It will be asserted that one characteristic of legal studies, properly pursued, is that they lead to a fuller understanding of the larger world of which the law and its institutions are a part. Because the law leads to a larger world of persons, events, and ideas, it claims the attention even of those possessing no interest in acquiring professional legal skills. This …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Regulating Carcinogens In Food: A Legislator's Guide To The Food Safety Provisions Of The Federal Food, Drug, And Cosmetic Act, Richard A. Merrill

Michigan Law Review

On March 9, 1977, the Food and Drug Administration (FDA) announced that a study in laboratory rats conducted by the Canadian government confirmed that saccharin is an animal carcinogen. For this reason, the agency stated, the sweetener must be banned from human food.

The studies which Congress mandated, to be accompanied by the recommendations of the Secretary of HEW, are likely to generate a fundamental reexamination of the nation's current food safety policies. This Article attempts to aid this inquiry by explaining the requirements of the present law. The Article describes the several statutory provisions that govern the regulation of …

Fornication, Cohabitation, And The Constitution, Michigan Law Review

Michigan Law Review

This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds to investigate …

Periodical Index, Michigan Law Review

Michigan Law Review

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

Running Covenants And Public Policy, Olin L. Browder

Michigan Law Review

When first encountering covenants running with the land, one may react against the very idea. Why should any person be able to enforce a promise not made to him or be bound by a promise he did not make? Modern contract law, particularly the rules about the assignment of contract rights and the rights of third-party beneficiaries, may answer the first question, but does not explain how anyone can be bound by a promise neither expressly nor impliedly made or consented to by him.

On the other hand, persons_ familiar with easements, liens, or mortgages understand that land ownership can …

Living Probate: The Conservatorship Model, John H. Langbein

Michigan Law Review

The main purpose of the present Article is to suggest a somewhat different theoretical and practical approach to structuring the living probate procedure. I shall characterize the procedure called for in the North Dakota act and in similar proposals as the Contest Model of living probate, in distinction to a Conservatorship Model that I shall advocate to be the better way. Part I of this Article reviews briefly the problem to which living probate is addressed and the alternatives that can presently be employed to forestall post-mortem capacity litigation in the absence of a living probate system. In Part TI …

Punitive Surcharges Against Disloyal Fiduciaries--Is Rothko Right?, Richard V. Wellman

Michigan Law Review

This Article criticizes the award of a penalty surcharge in the name of appreciation damages. Contrary to the statements in the Rothko opinions, neither precedent nor treatises offers clear support for the shocking awards made against Rothko's disloyal executors. Furthermore, even if appreciation damages were to be viewed, against the thesis here advanced, as an appropriate remedy for some kinds of fiduciary breach, the measure is inappropriate for cases which, like Rothko, involve hidden conflicts of interest. This is so because the threat of severe penalties in hidden-conflict cases adds unacceptable legal costs to honest administrations-costs that cannot be …

Due Process And Parole Revocation, Michigan Law Review

Michigan Law Review

In Morrissey, the Court set the level of due process needed in parole revocations. Specifically, it held that the parolee facing •revocation has a right (a) to receive written notice of the claimed parole violations; (b) to hear the evidence against him; (c) to be heard in person and to present witnesses and documentary evidence; (d) to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing the confrontation); (e) to have a neutral and detached hearing body, members of which need not be judicial officers or lawyers; and (f) to be given …

The Conservatorship Model: A Modification, Gregory S. Alexander

Michigan Law Review

Reform-minded probate lawyers have discussed the idea of ante-mortem probate for many years. Yet, owing to several seemingly unavoidable defects, it has never attracted widespread support · and only recently has been implemented anywhere in the United States. In his article, Living Probate: The Conservatorship Model, Professor John Langbein has eliminated many of those defects and has made the idea much more feasible. In doing so, he has contributed to the development of simple, convenient, and efficient systems of probate. However, his proposal introduces new flaws that threaten the practical working of his procedural model.