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Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 76, Issue 8 of Michigan Law Review

Pleas Of Guilty And The Loss Of Constitutional Rights: The Current Price Of Pleading Guilty, Stephen A. Saltzburg

Michigan Law Review

This Article proposes the same basic rule as Westen's to explain the Supreme Court's decisions, but for very different reasons which require several modifications of the Westen rule. I argue that all the guilty-plea cases, properly viewed, are consistent with, and therefore can be read as evidence of, a theory more easily applied than articulated by the Court: that some constitutional rights are largely premised on notions of litigation avoidance, that their "avoidance" rationales must be respected, and that these rights therefore prevent governments from establishing procedural rules that force criminal defendants to go to trial-to choose more rather than …

Forfeiture By Guilty Plea--A Reply, Peter Westen

Michigan Law Review

I will begin by describing what I think Professor Saltzburg and I both mean by a ''legal theory." I then apply that standard to test the validity of the two theories at issue here, first Professor Saltzburg's, then mine. I next discuss a third theory that is independent of both Professor Saltzburg's and mine, viz., that whether a constitutional claim survives a guilty plea depends on whether it is ''jurisdictional." Finally, I comment generally on the concept of forfeiture and its influence on the way one conceives of constitutional rights.

Bribery And Brokerage: An Analysis Of Bribery In Domestic And Foreign Commerce Under Section 2 ( C ) Of The Robinson-Patman Act, Michigan Law Review

Michigan Law Review

This Note first analyzes the substantive and jurisdictional criteria of section 2(c) to evaluate the possible and the desirable scope of its applicability to commercial bribery. The Note next asks whether this statute reaches bribery of domestic and foreign government officials and concludes that where the requirements of section 2(c) are otherwise met and where the person accepting the bribe is acting administratively rather than politically, the statute could be applied to bribery of agents of domestic governments. However, a wholesale application of section 2( c) to bribery of foreign government agents would leave American competitors in foreign commerce defenseless …

Periodical Index, Michigan Law Review

Michigan Law Review

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

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 76: Subject Index, Table of Cases, Articles, Authors, Book Reviews

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Young Adults As A Cognizable Group In Jury Selection, Donald H. Zeigler

Michigan Law Review

In support of its thesis, this Article presents what the literature has failed to provide: a comprehensive analysis of the concept of cognizability and empirical data. Part I traces the history of cognizability; identifies the sources of the cross-sectional right; and defines the criteria of cognizability, drawing special attention to the interests which a designation of cognizability protects. Part I also discusses the different approaches courts have taken to cognizability and suggests several factors which may explain the many treatments of the concept.

Part II reviews the case law concerning the cognizability of young adults in particular. That Part also …

The Legal Profession: Client Interests, Professional Roles, And Social Hierarchies, John P. Heinz, Edward O. Laumann

Michigan Law Review

There is a natural urge to study the extreme. The extreme case is likely to be conspicuous and dramatic. Sociological research on the American legal profession has not, for the most part, resisted the urge. The best-known studies examine lawyers at the extremes of the profession's prestige hierarchy-e.g., Carlin's study of solo practitioners and Smigel's study of the Wall Street lawyer. The profession's center has more often been neglected and few data are available on the bar's overall social structure. Ladinsky's study .of Detroit lawyers covers all types and specialities, and contributes substantially to our understanding of the …

Total-Sales Royalties Under The Patent-Misuse Doctrine: A Critique Of Zenith, Michigan Law Review

Michigan Law Review

This Note criticizes the Supreme Court's treatment of total-sales royalties. Part I outlines the scope of the patent-misuse doctrine, and Part II describes the development of the Zenith conditioning test. Part III analyzes that test; it suggests that the Zenith opinion is not internally consistent and that courts may not be able to apply the conditioning test satisfactorily. Finally, in response to Justice Harlan's dissenting opinion in Zenith, in which he notes the dearth of literature on the economic consequences of total-sales royalty provisions, 14 Part III undertakes an analysis of those consequences. The analysis demonstrates that total-sales royalty …

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

The Proposed Federal Rules Of Evidence: Of Privileges And The Division Of Rule-Making Power, Michigan Law Review

Michigan Law Review

This Note proposes that the lower federal courts accord the same binding authority to the Proposed Rules that they give those judicially promulgated procedural rules, such as the Federal Rules of Civil Procedure, that have been implicitly approved by Congress.

Part I of the Note analyzes the constitutional division of the rule-making power by examining both the policy considerations involved and the relevant constitutional language and doctrines. That examination indicates that the power to establish such rules is shared by Congress and the Supreme Court. To determine when that power is appropriately exercised by one branch rather than the other, …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 76, Issue 6 of Michigan Law Review

The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson

Michigan Law Review

This analysis of Marshall's constitutional jurisprudence avoids the pitfalls of previous theories. It does not see the Federalist political program as the source of Marshall's constitutional doctrines and thus does not need to explain how Marshall qualified his political principles or how he convinced non-Federalist judges to accept them. Instead, this essay argues that legal, not political, principles underlay Marshall's jurisprudence, but it attempts to understand those principles in a manner consistent with the unavoidable twentieth-century assumption that law is a body of flexible rules responsive to social reality rather than a series of immutable, unambiguous doctrines derived from a …

Sexual Harassment And Title Vii: The Foundation For The Elimination Of Sexual Cooperation As An Employment Condition, Michigan Law Review

Michigan Law Review

Ten years after the enactment of Title VII, the federal judiciary confronted its first Title VII case in which sexual harassment was the primary allegation. In the next three-and-one-half years, six more claims of sexual harassment reached federal district courts, 4 and three federal circuit courts of appeal reviewed lower court holdings.

Neither these cases nor the considerable journalistic and academic attention they received reveals a consensus regarding the appropriate application of Title VII to cases of sexual harassment. This Note, therefore, examines the application of Title VII to the problem of sexual harassment and suggests a coherent framework for …

Negative Attitudes Of Law Students: A Replication Of The Alienation And Dissatisfaction Factors, Paul D. Carrington, James J. Conley

Michigan Law Review

In 1976 we conducted a survey of law students at The University of Michigan. Demographic information; personal goals and values; and attitudes toward the law school, the faculty, and fellow students were surveyed. We factor-analyzed the items relating to attitudes, personal goals, and values. Three major factors were identified and labeled as alienation, dissatisfaction, and sociability. We have recently described the alienation factor extensively and outlined the dissatisfaction and sociability factors. In March 1977, we conducted a second survey designed to replicate the earlier study. Despite the addition of a few new items, the questionnaire was essentially unchanged. The new …

The Evolution Of State Supreme Courts, Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedman, Stanton Wheeler

Michigan Law Review

Part I of this Article describes in broad quantitative terms the changing relationship between the caseload of supreme courts and the population of the states in which these courts sit. Part II examines the various means states used to control supreme court caseloads, the political problems involved, and the types of courts that have resulted. Part III presents evidence that changes in court organization in response to caseload pressure are accompanied by changes in the kinds of cases state supreme courts hear, the style of their opinions, and the results of the cases.

Equal Protection: A Closer Look At Closer Scrutiny, Michigan Law Review

Michigan Law Review

This Note proposes to restore means-end analysis to legal respectability through a comprehensive integrated approach to purpose, misfit, and balancing. The search for a rational basis is meaningless if there are no constraints on the kind of purpose which may justify a classification. Therefore, this Note initially explores ways in which a court can more rigorously scrutinize statutory purpose. The next significant question is how a court should evaluate the degree of coincidence between the class picked out by the law and the class which would be picked out if the law were to achieve its goals. Such "misfit" analysis …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 76, Issue 4 of Michigan Law Review

Racial Vote Dilution In Multimember Districts: The Constitutional Standard After Washington V. Davis, Michigan Law Review

Michigan Law Review

This Note argues that the effect-oriented standard for multimember-district vote-dilution claims is unaffected by the Washington intent requirement. Part I outlines the manner in which multimember districts can dilute minority voting strength. After summarizing Washington's intent requirement, Part II surveys the post-Washington vote dilution cases and demonstrates that the applicability of the intent standard to vote dilution claims is uncertain. Part III first suggests two ways in which White and Washington may be reconciled. That section then argues that White is unaffected by the intent requirement because the standard for vote dilution fits within a fundamental interest analysis …

A Probabilistic Analysis Of The Doctrine Of Mutuality Of Collateral Estoppel, Michigan Law Review

Michigan Law Review

Part I of this Note lays the foundation for the conclusions suggested above by setting forth some elementary probabilistic notions and establishing a measure of trial efficacy. The next part reviews some of the early suggested limitations on the application of Bernhard and, by analyzing the mutuality requirement and the Bernhard doctrine in probabilistic terms, demonstrates that the concerns underlying those initial reservations were not only sound, but require rejection of Bernhard.

Although the primary purpose of this Note is to expose the flawed analysis underlying Bernhard, a secondary . purpose is to demonstrate how probability theory can …

Restructuring The Corporate Board Of Directors: Fond Hope--Faint Promise?, Lewis D. Solomon

Michigan Law Review

Reforms, then, have been instituted, and an extensive literature on corporate reform has developed. It is time that we seriously examine the reforms and the literature to assess the accomplishments and possibilities of the corporate board of directors. This Article is a first step in that direction.

The Article begins by investigating the reasons for the impotence of corporate boards. It then examines two models of reformed boards and finds both models badly flawed. The Article proceeds to case studies of three corporations-Mattel, Inc., Northrop Corp., and Lockheed Corp.-which under court· order have attempted to reform their boards by increasing …

The Transformation Of American Law, 1780-1860, David H. Flaherty

Michigan Law Review

A Review of The Transformation of American Law, 1780-1860 by Morton J. Horwitz

The Corporate And Securities Adviser, The Public Interest, And Professional Ethics, Simon M. Lorne

Michigan Law Review

It is the thesis of this Article that we, as a society, need to make deliberate decisions about the proper role of the corporate adviser, and, when that function has been defined, to develop a structure within which it can be performed. As the Article makes clear, the logical choices involve what might be described as either revolutionary change or reactionary change. That is, the current trends should either be accelerated or reversed; the present situation is intolerable. While the author will contend that the case for shifting into reverse is more persuasive, getting into a gear, and out of …

Fairness And Unfairness In Television Product Advertising, Michigan Law Review

Michigan Law Review

The first section of this Note explores the impact of television product advertising on viewer attitudes. The next two sections set forth the statutory basis on which the Federal Communications Commission and the Federal Trade Commission could provide for the effective presentation of contrasting points of view on controversial issues implicitly or explicitly raised by television product advertising, could ensure that the implicit messages of such advertisements are delivered fairly and without deception, and could counter the adverse effects of such advertising. The purpose of these sections is not to predict actual regulatory behavior, for in fact the FCC and …

Denial Of Justice, Joel M. Flaum

Michigan Law Review

A Review of Denial of Justice by Lloyd L. Weinreb

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 Lading Law Reviews

Applicability Of Federal Antidiscrimination Legislation To The Selection Of A Law Partner, Michigan Law Review

Michigan Law Review

The decision by the members of a law partnership to invite an associate of the firm to become a partner involves careful consideration of the associate's qualifications. Recently some associates who have been denied advancement to partnership have alleged improper consideration of religion, national origin, or sex in the partner selection process. There are, of course, practical difficulties in proving discrimination in the subjective context of partnership selection. Assuming clear evidence of such discrimination, this Note addresses the question whether an associate may invoke the protection of federal antidiscrimination legislation.