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Michigan Law Review

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Voluntary Intoxication: A Defense To Intentional Injury Exclusion Clauses In Homeowner's Policies?, Tracy E. Silverman Jun 1992

Voluntary Intoxication: A Defense To Intentional Injury Exclusion Clauses In Homeowner's Policies?, Tracy E. Silverman

Michigan Law Review

This Note argues that the current voluntary intoxication defense to the intentional injury exclusion clause should be modified to allow insurers subrogation rights against insureds who commit intentional acts while voluntarily intoxicated, subject to an exception for alcoholic insureds who successfully complete alcohol treatment programs. Part I discusses the public policy concerns of victim compensation and deterrence and how they influence courts deciding between the three traditional approaches to "intent." Part II analyzes the impact of these intent standards on courts' decisions to allow a voluntary intoxication defense and concludes that the defense as currently formulated promotes victim compensation at …


Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith Jun 1992

Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith

Michigan Law Review

This Note seeks to predict the direction and magnitude of the change in settlement frequency under the three fee-shifting rules: American, British, and the British rule as modified by the PCC. Part I analyzes the proposed rule using the theoretical model of litigation and settlement developed by Hause. Part II examines the impact of fee-shifting when the plaintiff's lawyer receives reimbursement via a contingency fee. Analysis of indemnification in a contingency fee context raises several policy issues which section II.A addresses. Section II.B discusses the terms and assumptions made in adjusting Hause's model to reflect the standard contingency fee arrangement, …


What Is A Postmodern Constitutionalism?, J. M. Balkin Jun 1992

What Is A Postmodern Constitutionalism?, J. M. Balkin

Michigan Law Review

I begin with a puzzle. It must certainly strike one as odd that the subject of postmodern constitutional law arises at a time when the actual arbiters of the Constitution - the federal judiciary and in particular the Supreme Court of the United States - appear to be more conservative than they have been for many years, and indeed, are likely to remain so for the foreseeable future. Postmodernism is often associated with what is new, innovative, and on the cutting edge of cultural development. Yet if we were to define the elements of a postmodern constitutional culture, it would …


Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin Jun 1992

Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin

Michigan Law Review

This Note addresses the applicability of the Civil Rights Act of 1991 to cases pending on the Act's date of enactment. Part I discusses current Supreme Court doctrine on the issue. This Part finds that the Court has endorsed two conflicting views on retroactively applying statutes to pending cases and that the lower federal courts consequently lack a principled framework for dealing with retroactivity issues in the 1991 Act. Part II describes the battle over the Civil Rights Acts of 1990 and 1991 and the subsequent confusion over the enacted statute's reach. This Part finds that Congress provided conflicting textual …


Deliberating About Deliberation, Frederick Schauer May 1992

Deliberating About Deliberation, Frederick Schauer

Michigan Law Review

A Review of We the People: 1: Foundations by Bruce Ackerman


Do Courts Matter?, Stephen L. Carter May 1992

Do Courts Matter?, Stephen L. Carter

Michigan Law Review

A Review of The Hollow Hope: Ca Courts Bring About Social Change? by Gerald N. Rosenberg


The Federal Courts In The Political Order: Judicial Jurisdiction And American Political Theory, James Hopenfeld May 1992

The Federal Courts In The Political Order: Judicial Jurisdiction And American Political Theory, James Hopenfeld

Michigan Law Review

A Review of The Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory by Martin H. Redish


Whose World And How?, Milner S. Ball May 1992

Whose World And How?, Milner S. Ball

Michigan Law Review

A Review of Rethinking the American Race Problem by Roy L. Brooks


The Integration Of Religious Liberty, John Witte Jr. May 1992

The Integration Of Religious Liberty, John Witte Jr.

Michigan Law Review

A Review of A Nation Dedicated to Religious Liberty: The constitutional Heritage of the Religion Clauses by Arlin M. Adams and Charles J. Emmerich


The Quest For Justice, James S. Fishkin May 1992

The Quest For Justice, James S. Fishkin

Michigan Law Review

A Review of Affirmative Action and Justice: A Philosophical and Constitutional Inquiry by Michel Rosenfeld


Conceptions Of Value In Legal Thought, Richard H. Pildes May 1992

Conceptions Of Value In Legal Thought, Richard H. Pildes

Michigan Law Review

A Review of Love's Knowledge by Martha C. Nussbaum


Playing With The Rules, Mark V. Tushnet May 1992

Playing With The Rules, Mark V. Tushnet

Michigan Law Review

A Review of Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and Life by Frederick Schauer


Scholarship Of The Absurd: Bob Bork Meets The Bald Soprano, Alex Kozinski May 1992

Scholarship Of The Absurd: Bob Bork Meets The Bald Soprano, Alex Kozinski

Michigan Law Review

A Review of Antitrust Economics on Trial: A Dialogue on the New Laissez-Faire by Walter Adams and James W. Brock


Down Bankruptcy Lane, John D. Ayer May 1992

Down Bankruptcy Lane, John D. Ayer

Michigan Law Review

A Review of Strategic Bankruptcy: How Corporations and Creditors Use Chapter 11 to Their Advantage by Kevin J. Delaney and Corporate Welfare by Laurence H. Kallen and A Feast for Lawyers/Inside Chapter 11: An Exposé by Sol Stein


Law's Paradise Lost?, Douglas H. Ginsburg May 1992

Law's Paradise Lost?, Douglas H. Ginsburg

Michigan Law Review

A Review of The Litigation Explosion: What Happened When America Unleashed the Lawsuit by Walter K. Olson


Galileo's Revenge: Junk Science In The Courtroom, John F. Baughman May 1992

Galileo's Revenge: Junk Science In The Courtroom, John F. Baughman

Michigan Law Review

A Review of Galileo's Revenge: Junk Science in the Courtroom by Peter W. Huber


The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren May 1992

The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren

Michigan Law Review

A Review of The Nature of Copyright: A Law of Users' Rights by L. Ray Patterson and Stanley W. Lindberg


Irreparability Irreparably Damaged, Doug Rendleman May 1992

Irreparability Irreparably Damaged, Doug Rendleman

Michigan Law Review

A Review of The Death of the Irreparable Injury Rule by Douglas Laycock


Teaching Conflicts, Improving The Odds, Gene R. Shreve May 1992

Teaching Conflicts, Improving The Odds, Gene R. Shreve

Michigan Law Review

A Review of Conflict of Laws: Cases, Materials and Problems by David H. Vernon, Louise Weinberg, William L. Reynolds, and William M. Richman


Conflict Of Laws: Foundations And Future Directions, Craig Y. Allison May 1992

Conflict Of Laws: Foundations And Future Directions, Craig Y. Allison

Michigan Law Review

A Review of Conflict of Laws: Foundations and Future Directions by Lea Brilmayer


The Man In The Mirror, David A. Logan May 1992

The Man In The Mirror, David A. Logan

Michigan Law Review

A Review of Cardozo: A Study in Reputation by Richard A. Posner


Murdering The Spirit: Racism, Rights, And Commerce, Robin West May 1992

Murdering The Spirit: Racism, Rights, And Commerce, Robin West

Michigan Law Review

A Review of The Alchemy of Race and Rights: The Diary of a Law Professor by Patricia L. Williams


The Age Of Rights, Stephen D. Sencer May 1992

The Age Of Rights, Stephen D. Sencer

Michigan Law Review

A Review of The Age of Rights by Louis Henkin


Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler May 1992

Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler

Michigan Law Review

A Review of Equality Transformed: A Quarter-Century of Affirmative Action by Herman Belz and A Conflict of Rights: The Supreme Court and Affirmative Action by Melvin I. Urofsky


Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross May 1992

Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross

Michigan Law Review

A Review of Affirmative Action at Work: Law Politics, and Ethics by Bron Raymond Taylor


Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr. May 1992

Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr.

Michigan Law Review

A Review of The Illusion of Equality: The Rhetoric and Reality of Divorce Reform by Martha Albertson Fineman


Law And Public Choice: A Critical Introduction, William Dubinsky May 1992

Law And Public Choice: A Critical Introduction, William Dubinsky

Michigan Law Review

A Review of Law and Public Choice: A Critical Introduction by Daniel A. Farber and Philip P. Frickey


Oh No! A New Bluebook!, James D. Gordon Iii May 1992

Oh No! A New Bluebook!, James D. Gordon Iii

Michigan Law Review

A Review of The Bluebook: A Uniform System of Citation


Speaking Differences: The Rules And Relationships Of Litigants' Discourses, Naomi R. Cahn May 1992

Speaking Differences: The Rules And Relationships Of Litigants' Discourses, Naomi R. Cahn

Michigan Law Review

A Review of Rules Versus Relationships: The Ethnography of Legal Discourse by John M. Conley and William M. O'Barr


The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman May 1992

The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman

Michigan Law Review

A Review of The Justice from Beacon Hill: The Life and Times of Oliver Wendell Holmes by Liva Baker