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Michigan Law Review

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Corporations And Information: Secrecy, Access, And Disclosure, Michigan Law Review Mar 1982

Corporations And Information: Secrecy, Access, And Disclosure, Michigan Law Review

Michigan Law Review

A Review of Corporations and Information: Secrecy, Access, and Disclosure by Russell B. Stevenson, Jr.


The Sec And The Public Interest, Michigan Law Review Mar 1982

The Sec And The Public Interest, Michigan Law Review

Michigan Law Review

A Review of The SEC and the Public Interest by Susan M. Phillips and J. Richard Zecher


Index To Book Reviews In American Law Reviews, Michigan Law Review Mar 1982

Index To Book Reviews In American Law Reviews, Michigan Law Review

Michigan Law Review

This index includes book reviews that have appeared in American law reviews since the compilation of books for the 1981 Survey of Books Relating to the Law


Confessions Of A Criminal Lawyer, Michigan Law Review Mar 1982

Confessions Of A Criminal Lawyer, Michigan Law Review

Michigan Law Review

A Review of Confessions of a Criminal Lawyer by Seymour Wishman


Periodical Index, Michigan Law Review Jan 1982

Periodical Index, Michigan Law Review

Michigan Law Review

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


Front Matter, Michigan Law Review Jan 1982

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 80, Issue 3 of Michigan Law Review


Discovery Of Retained Nontestifying Experts' Identities Under The Federal Rules Of Civil Procedure, Michigan Law Review Jan 1982

Discovery Of Retained Nontestifying Experts' Identities Under The Federal Rules Of Civil Procedure, Michigan Law Review

Michigan Law Review

This Note proposes an approach to the problem of identification of rule 26(b)(4)(B) experts that differs from both of the approaches taken in the reported opinions. 9 Part I analyzes the language of rule 26(b) and rejects the majority approach. As a matter of statutory construction, rule 26(b )( 4)(B) governs the disclosure of the identity of nontestifying experts retained by a party in preparation for trial. Part II examines the underlying purposes of rules 26(b)(l) and 26(b)(4)(B) - to ensure adequate pretrial disclosure and to prevent unfairness in adversarial competition - and suggests that both interests may be accommodated. …


Recent Books, Michigan Law Review Jan 1982

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Applying Antidumping Law To Perishable Agricultural Goods, Michigan Law Review Jan 1982

Applying Antidumping Law To Perishable Agricultural Goods, Michigan Law Review

Michigan Law Review

This Note argues that the general sort of econometric test relied on by the Commerce Department in Mexican Vegetables represents a clear improvement over traditional price comparison methodology. Part I outlines important procedural and substantive aspects of the antidumping enforcement scheme and identifies several features of the traditional methodology that increase the likelihood of a less-than-fair-value finding in cases involving substantial price variation. Part II analyzes the economic characteristics of perishable agricultural goods that often produce wide variations in their prices. Part III finds that both the legislative history of the antidumping statute and economic theory proscribe only predatory pricing …


Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis Jan 1982

Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis

Michigan Law Review

This Article both examines these consequences and explains why they have departed so frequently from the ostensible goals of the policies that produced them. It also surveys the principal legal dilemmas that attend aesthetic policy-making, which is sensitive to the values actually at stake in the type of "aesthetic" controversies that legal institutions are called upon to resolve in American society. The aesthetic controls addressed are those adopted in such areas as zoning, historic or environmental preservation, and urban design to shape the visual appearance of the built and natural environments. The content of the aesthetics idea is explored through …


Strict Construction And Judicial Review Of Racial Discrimination Under The Equal Protection Clause: Meeting Raoul Berger On Interpretivist Grounds, Paul R. Dimond Jan 1982

Strict Construction And Judicial Review Of Racial Discrimination Under The Equal Protection Clause: Meeting Raoul Berger On Interpretivist Grounds, Paul R. Dimond

Michigan Law Review

In the face of this common understanding of the vagueness of much of the constitutional text, Berger bears the burden of proving that the equal protection clause was intended to enumerate specific, narrow protections against racial discrimination. This Article examines several contemporary sources to determine whether he has accomplished that task. It proceeds in six parts. Part I analyzes the text of the fourteenth amendment and contemporaneous congressional views on judicial review. Contrary to Berger's construction, the equal protection clause is not limited by its terms to the privileges or immunities clause or to the specific rights enumerated in the …


Front Matter, Michigan Law Review Dec 1981

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 80, Issue 2 of Michigan Law Review


Intramilitary Immunity And Constitutional Torts, Michigan Law Review Dec 1981

Intramilitary Immunity And Constitutional Torts, Michigan Law Review

Michigan Law Review

This Note examines the reasoning underlying these conflicting approaches and concludes that a general rule of qualified immunity, which more fully protects the constitutional rights of members of the armed forces, is also consistent with the legitimate needs of the military establishment. Part I demonstrates that courts considering the scope of immunity in constitutional tort cases cannot rely blindly upon the rules and policies applicable in nonconstitutional cases, but must also accommodate the constitutional interests. Part II applies this principle to cases involving military officers. It argues in Section A that Feres v. United States does not support an absolute …


Recent Books, Michigan Law Review Dec 1981

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Private Lawyers And Public Responsibilities, Carl Mcgowan Dec 1981

Private Lawyers And Public Responsibilities, Carl Mcgowan

Michigan Law Review

A half-century ago when this Law Quadrangle was conceived and constructed, it was surely an act of faith on the part of its wise and generous donor. So it was also of this University which undertook the challenge to make of his vision a reality - to provide, in the most magnificent plant for legal education this country has ever seen, instruction in the law and constant refinement of its ideals worthy of the most rigorous traditions of the higher learning.


A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards Dec 1981

A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards

Michigan Law Review

At the recent Inaugural Lecture of the University of Windsor's Distinguished Scholars Program on Access to Justice, my former law teaching colleague, Professor Joseph Vining, delivered a speech entitled Justice, Bureaucracy, and Legal Method. Because, in my view, Professor Vining's address raised some disturbing questions, and some seriously misguided suggestions, about the growth of bureaucracy in the courts and the delivery of justice, I believe that a response is appropriate.


Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg Dec 1981

Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg

Michigan Law Review

This Article addresses the substantial legal problems posed by Executive Order 12,291. Part I argues that the Order, taken as a whole or separated into its procedural and substantive components, violates the constitutional separation of powers. Drawing on the analytic framework outlined by Justice Jackson in the Steel Seizure case, Part I maintains that courts should demand clear congressional support for the Order's requirements. The available evidence, however, conclusively demonstrates Congress's intent to deny the President formalized, substantive control over administrative policymaking. As interpreted by the Supreme Court, moreover, the informal rulemaking provisions of the Administrative Procedure Act (AP A) …


Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review Dec 1981

Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review

Michigan Law Review

This Note considers the applicability of the necessity defense in criminal prosecutions of parents and deprogrammers. Part I explores the conflicting policies that underlie the traditional necessity defense, and suggests that courts replace their unitary approach to necessity with a "choice of evils" defense - for actors reasonably attempting to avoid a greater evil - and a "compulsion" defense - for actors reacting understandably to the pressure of circumstances. Part II applies these defenses to deprogramming cases, and concludes that rarely may they be advanced successfully.


Accrual Of Gambling Debts Under Internal Revenue Code Section 451, Michigan Law Review Dec 1981

Accrual Of Gambling Debts Under Internal Revenue Code Section 451, Michigan Law Review

Michigan Law Review

This Note examines whether an accrual-basis taxpayer must include a legally unenforceable claim in taxable income when it is executed or satisfied. Section I of the Note interprets the "all events test" to require measurement of the likelihood of payment of a debt at the time it is executed: If payment is sufficiently certain, the debt must be accrued. The section concludes that the casinos must include the outstanding markers as income in the year of their execution, and cannot postpone their inclusion until the debts are repaid. Section II argues that accrual-method taxpayers are entitled to use a "bad …


Periodical Index, Michigan Law Review Dec 1981

Periodical Index, Michigan Law Review

Michigan Law Review

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


Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert Nov 1981

Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert

Michigan Law Review

When a fundamental constitutional right is at issue, it is admittedly difficult for the Court to treat the lower courts as laboratories. But if the constitutional right turns on empirical questions, it is better to wait for knowledge than to rush toward a judgment that may later be shown to have vitiated an important right across all circuits. If the Court feels compelled to resolve the conflict, the better decision - if empirical issues are seen as central - is to sustain the right to jury trial regardless of complexity. Sustaining that right will allow courts and researchers to collect …


Periodical Index, Michigan Law Review Nov 1981

Periodical Index, Michigan Law Review

Michigan Law Review

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


Interlocutory Appeal Of Orders Granting Or Denying Stays Of Arbitration, Michigan Law Review Nov 1981

Interlocutory Appeal Of Orders Granting Or Denying Stays Of Arbitration, Michigan Law Review

Michigan Law Review

This Note attempts to resolve the conflict among the courts of appeals by examining the interests affected by orders granting and denying stays of arbitration. Part I considers the appealability of such orders under the collateral order doctrine developed by the Supreme Court in Cohen v. Beneficial Industrial Loan Corp. This doctrine permits interlocutory appeal of final orders adjudicating an important right that is collateral to the merits of the case and effectively unreviewable in a final judgment appeal. Part II considers whether orders on motions for stays of arbitration are reviewable as orders granting or refusing injunctions under …


Books Received, Michigan Law Review Nov 1981

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Front Matter, Michigan Law Review Nov 1981

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 80, Issue 1 of Michigan Law Review


Business Decisions By The New Board: Behavioral Science And Corporate Law, Robert J. Haft Nov 1981

Business Decisions By The New Board: Behavioral Science And Corporate Law, Robert J. Haft

Michigan Law Review

This Article's thesis is that, by reason of its recently secured independence from management domination, the boards of directors of large American corporations are now in a unique position to make business decisions of the highest quality, and that corporate law should respond to this potential appropriately. On the basis of findings in the behavioral sciences, this Article urges a limited rethinking of the role of the chief executive and the board of directors before the model of directors as "monitors" of the chief executive's performance is frozen in place. Already armed with information supposedly received as monitors, the independent …


The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review Nov 1981

The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review

Michigan Law Review

This Note examines the courts' accommodation of the labor and bankruptcy policies when a debtor in possession or trustee seeks to reject a collective bargaining agreement. Part I criticizes a series of recent cases that failed to confront the statutory conflict. If these courts had recognized the conflict between the language of the Bankruptcy Act (now the Code) and the Labor Act, they would have been forced to consider whether the labor and bankruptcy policies actually clashed. Part II finds that in most instances they do not, and argues that requiring the debtor in possession to bargain with the union …


The Proper Role Of Res Judicata And Collateral Estoppel In Title Vii Suits, Charles C. Jackson, John H. Matheson, Thomas J. Pikorski Aug 1981

The Proper Role Of Res Judicata And Collateral Estoppel In Title Vii Suits, Charles C. Jackson, John H. Matheson, Thomas J. Pikorski

Michigan Law Review

The Article proceeds from the premise, established in Part I, that federal courts must apply preclusion principles unless Congress clearly indicates otherwise. Part II considers a number of indicators of Congress's intent, and finds no evidence to rebut the presumption that federal courts must give preclusive weight to certain state decisions. Part III then proposes general guidelines for the application of preclusion doctrines in title VII litigation.


Front Matter, Michigan Law Review Aug 1981

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 79, Issue 8 of Michigan Law Review


The Decline And Fall Of Taxable Income, Glenn E. Coven Aug 1981

The Decline And Fall Of Taxable Income, Glenn E. Coven

Michigan Law Review

After first exploring the intellectual climate that has facilitated the congressional disregard of taxable income, this Article will examine three areas in which taxable income is no longer the exclusive mechanism for allocating the burden of taxation. That examination will outline the undesirable consequences of the decline of taxable income, and demonstrate that Congress need not have disregarded taxable income to secure the desired pattern of taxation. Because the use of multiple rate schedules constitutes the most significant deviation from the concept of taxable income in terms of the number of taxpayers that it affects and the popular resentment against …