Digital Commons Network^™

Reading The Legal Process, Anthony J. Sebok

Michigan Law Review

A Review of Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in eh Making and Application of Law

Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen

Michigan Law Review

A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868

Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis

Michigan Law Review

A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America

The Real Ethic Of Death And Dying, Norman L. Cantor

Michigan Law Review

A Review of Peter Singer, Rethinking Life and Death

Searching For Positivism, Philip Soper

Michigan Law Review

A Review of W.J. Waluchow, Inclusive Legal Positivism

Too Many Theories, Todd D. Rakoff

Michigan Law Review

A Review of Michael J. Trebilcock, The Limits of Freedom of Contract

Libertarianism With A Twist, Heidi Li Feldman

Michigan Law Review

A Review of Richard A. Epstein, Simple Rules for a Complex World

Overcoming Posner, Gerard V. Bradley

Michigan Law Review

A Review of Richard A. Posner, Overcoming Law

Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura

Michigan Law Review

A Review of Peter Brimelow, Alien Nation: Common Sense About America's Immigration Disaster

Measuring Poverty: A New Approach, Benjamin Hoorn Barton

Michigan Law Review

A Review of Measuring Poverty: A New Approach by The National Research Council.

All The Company Of Heaven, Milner S. Ball

Michigan Law Review

A Review of Joseph Vining, From Newton's Sleep

Computer Media For The Legal Profession, Eugene Volokh

Michigan Law Review

A Review of communication media.

Is There A Principle Of Religious Liberty?, John H. Garvey

Michigan Law Review

A Review of Jesse H. Choper, Securing Religious Liberty: Priniples for Judicial Interpretation of the Religion Clauses and Steven D. Smith, Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 94, Issue 6, of Michigan Law Review

Whose Justice? Which Victims?, Lynne Henderson

Michigan Law Review

A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials

Why Is This Man A Moderate?, Richard A. Epstein

Michigan Law Review

A Review of William A. Fischel, Regulatory Takings: Law, Economics, and Politics

Stories About Property, William W. Fisher Iii

Michigan Law Review

A Review of Carol M. Rose, Property and Persuasion: Essays on the History, Theory, and Rhetoric of Ownership

Game Theory And The Law: Ready For Prime Time?, Stephen W. Salant, Theodore S. Sims

Michigan Law Review

A Review of Douglas G. Baird, Robert H. Gertner, and Randal C. Picker, Game Theory and the Law

An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms

Michigan Law Review

A Review of Joel F. Handler, The Poverty of Welfare Reform and Mark Robert Rank, Living on the Edge: The Realities of Welfare in America

The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl

Michigan Law Review

A Review of Patricia J. Williams, The Roosters' Egg: On the Persistence of Prejudice

The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson

Michigan Law Review

A Review of James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society and M. Ethan Katsh, Law in a Digital World

Progress And Constitutionalism, Robert F. Nagel

Michigan Law Review

A Review of Robin West, Progressive Constitutionalism: Reconstructing the Fourteenth Amendment

Gossip And Metaphysics: The Personal Turn In Jurisprudential Writing, Michael Ansaldi

Michigan Law Review

A Review of Neil Duxbury, Patterns of American Jurisprudence and John Henry Schlegel American Legal Realism and Empirical Social Science

The Concept Of Law Revisited, Leslie Green

Michigan Law Review

A Review of H.L.A. Hart, The Concept of Law Second Edition

Context And Legitimacy In Federal Indian Law, Philip P. Frickey

Michigan Law Review

A Review of Frank Pommersheim, Braid of Feathers: American Indian Law and Contemporary Tribal Life

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 94, Issue 5 of Michigan Law Review.

Are Credit-Card Late Fees "Interest"? Delineating The Preemptive Reach Of Section 85 Of The National Bank Act Of 1864 And Section 521 Of The Depositary Institutions Deregulation And Monetary Control Act Of 1980, Kevin G. Toh

Michigan Law Review

This Note argues that neither section 85 of the NBA nor section 521 of the DIDA preempts state consumer-credit-protection laws regulating late fees on credit-card transactions. Part I discusses the three approaches that the Supreme Court has devised and used over the years to determine when a federal law preempts state law: express preemption, implied preemption, and conflict preemption. Part II applies express preemption analysis and asserts that the ordinary meaning of DIDA section 521's express preemption language does not evince Congress's intent to preempt state prohibitions of late fees. Part III applies implied preemption analysis and argues that neither …

Executive-Branch Rulemaking And Dispute Settlement In The World Trade Organization: A Proposal To Increase Public Participation, Aubry D. Smith

Michigan Law Review

This Note argues that, because the Executive Branch increasingly will be promulgating domestic regulatory rules intended to comply with the rules of the world-trading system, it is necessary to increase formal oversight of the Executive Branch's role in that context. Part I argues that the United States' participation in the WTO implies a substantial increase in the impact of foreign policy on domestic policy. Part II points out a loophole in Congress's attempt to compensate for this increase by installing various devices to ensure political oversight of the Executive: the Executive Branch is subject, under the Uruguay Round Agreements Act …

Rhetoric And Reality In Copyright Law, Stewart E. Sterk

Michigan Law Review

My first objective in this article is to explore the gulf between copyright rhetoric and copyright reality. After examining copyright rhetoric, the article demonstrates how neither the need to generate creative activity nor the desire to reward deserving authors provides a plausible justification for current copyright doctrine.

Why, then, does copyright doctrine continue to expand? The concluding section suggests some answers. Interest-group politics provides an obvious answer and one well-substantiated by the history of copyright legislation. But the story does not end with interest-group politics. Instead, I suggest that the nation's elite, including its lawmakers, has a stake in believing …

Structuring Multiclaim Litigation: Should Rule 23 Be Revised?, William W. Schwarzer

Michigan Law Review

The question whether Rule 23 should be revised therefore is not susceptible to a global answer unless revision is stylistic only, limited to making the text more elegant - and even stylistic revision is likely to have some substantive impact, even if unintended. But if the argument for revision is that the Rule is in some respect deficient and should be made to work better, one must begin by answering the question how it should work. That in tum depends on defining the Rule's purpose - what it is intended to accomplish.This paper examines briefly the purposes for which the …