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Articles 3601 - 3630 of 12807
Full-Text Articles in Entire DC Network
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 78, Issue 6 of Michigan Law Review
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews
The Fifth Amendment And The Inference Of Guilt From Silence: Griffin V. California After Fifteen Years, Donald B. Ayer
The Fifth Amendment And The Inference Of Guilt From Silence: Griffin V. California After Fifteen Years, Donald B. Ayer
Michigan Law Review
This Article will begin with an examination of the historic (and present) purposes underlying the fifth amendment privilege against self-incrimination, upon which any justification of the no-comment rule must ultimately rest. It will explore the danger that these purposes may be thwarted not only when defendants are actually compelled to be witnesses against themselves, but also when significant burdens are placed on defendants who choose not to testify. In Griffin, the Court reasoned that comment on the defendant's silence amounted to such an impermissible burden. But the Court failed to examine the weight of this burden. This failure makes …
Personal Jurisdiction And Choice Of Law, James Martin
Personal Jurisdiction And Choice Of Law, James Martin
Michigan Law Review
The time has come for the Supreme Court to declare that a state may not apply its own law to a case unless it has the "minimum contacts" required by International Shoe for the exercise of specific personal jurisdiction over the defendant. Although the present state of the law is less than certain, the Supreme Court has not yet required that a state show it has minimum contacts with a defendant before applying its law. As a result, in some cases where a state has obtained personal jurisdiction because of a defendant's contacts unrelated to the case - contacts such …
Contribution And Antitrust Policy, Michigan Law Review
Contribution And Antitrust Policy, Michigan Law Review
Michigan Law Review
This Note examines the contribution controversy from an antitrust policy perspective. Part I summarizes the Professional Beauty, Abraham Construction, and Olson Farms decisions and sketches the major provisions of the Bayh Bill and the ABA Statute. Part II discusses four antitrust policy goals that figure prominently in both Circuit Court decisions and Congressional debate: fairness, deterrence, promotion of settlement, and reduced complexity of litigation. Part III argues that none of the rigid contribution rules proposed since Professional Beauty achieves the optimal balance of these policy goals. The Note concludes that a flexible rule permitting courts to assess the propriety …
Collateral Estoppel And Supreme Court Disposition Of Moot Cases, Michigan Law Review
Collateral Estoppel And Supreme Court Disposition Of Moot Cases, Michigan Law Review
Michigan Law Review
In response to the Government's novel proposal in Velsicol, this Note reconsiders the procedures by which the Supreme Court could dispose of moot cases. Section I examines the collateral estoppel effects of the Supreme Court's present procedure and the Government's proposal in Velsicol. Section II concludes that both procedures afford excessive protection from collateral estoppel because they misconceive the purpose of Supreme Court review. The Note suggests that, when faced with a moot federal petition for certiorari, the Supreme Court should either deny the petition or, if certiorari has already been granted, dismiss the case.
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Michigan Law Review
Although the Supreme Court has not spoken in detail on the Erie doctrine since its much-discussed decision in Hanna v. Plumer in 1965, commentary on the doctrine in the literature has undergone something of a "boomlet" in the last several years. Much of it has been stimulated by the groundbreaking article by Professor John Hart Ely in 1974. The latest contribution to the area is the recent article by Professor Peter Westen and Mr. Jeffrey Lehman appearing earlier this year in this journal. Unfortunately, their article does little to advance analysis of the Erie question, and contains numerous fundamental misstatements …
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
After "Life For Erie--A Reply, Peter Westen
After "Life For Erie--A Reply, Peter Westen
Michigan Law Review
Erie, having "preoccupied the intellectually dominant group of academic lawyers rising to maturity during the 1940's and 1950's," is reported to be losing its "symbolic centrality" for the newest generation of legal scholars. Professor Redish's prompt and excited response to our essay proves one thing: there is at least one scholar in the country who, having come to legal maturity during the last decade, still remains capable of becoming impassioned about Erie RR v. Tompkins.
The Attorney-Client Privilege After Attorney Disclosure, Michigan Law Review
The Attorney-Client Privilege After Attorney Disclosure, Michigan Law Review
Michigan Law Review
This Note examines the interests that must be balanced in determining when an attorney's disclosure waives the attorney-client privilege. Part I presents three judicial standards defining the class of attorney disclosures that waive the privilege: the traditional client consent rule that only attorney disclosures to which the client has consented constitute waiver; the broader "implied authority" view that attorney disclosures made with the client's consent or with an intent to further the client's cause constitute waiver; and the still more expansive view that all attorney disclosures falling within the scope of the attorney's agency authority to act for the client …
The Role Of Ideas In Legal History, Jay M. Feinman
The Role Of Ideas In Legal History, Jay M. Feinman
Michigan Law Review
A review of Patterns of American Legal Thought by G. Edward White
For Capital Punishment, Michigan Law Review
For Capital Punishment, Michigan Law Review
Michigan Law Review
A Book Notice about For Capital Punishment by Walter Berns
Society And Legal Change, Michigan Law Review
Society And Legal Change, Michigan Law Review
Michigan Law Review
A Book Notice about Society and Legal Change by Alan Watson
The Sec And Corporate Disclosure: Regulation In Search Of A Purpose, Michigan Law Review
The Sec And Corporate Disclosure: Regulation In Search Of A Purpose, Michigan Law Review
Michigan Law Review
A Book Notice about The SEC and Corporate Disclosure: Regulation in Search of a Purpose by Homer Kripke
Father In Jail, David C. Baldus
Father In Jail, David C. Baldus
Michigan Law Review
A review of Making Fathers Pay: The Enforcement of Child Support by David L. Chambers
Dia-Tribe, Mark V. Tushnet
Dia-Tribe, Mark V. Tushnet
Michigan Law Review
A review of American Constitutional Law by Laurence H. Tribe
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 78, Issue 5 of Michigan Law Review
Lawyer's Writing, Richard C. Wydick
Lawyer's Writing, Richard C. Wydick
Michigan Law Review
A review of How To Write Plain English: A Book for Lawyers & Consumers by Rudolf Flesch
Thinking About Public Policy Toward Abuse And Neglect Of Children: A Review Of Before The Best Interests Of The Child, Michael S. Wald
Thinking About Public Policy Toward Abuse And Neglect Of Children: A Review Of Before The Best Interests Of The Child, Michael S. Wald
Michigan Law Review
A review of Before the Best Interests of the Child by Joseph Goldstein, Anna Freud, and Albert J. Solnit
Philosophy And Law: Some Observations On Maccormick's Legal Reasoning And Legal Theory, Patricia D. White
Philosophy And Law: Some Observations On Maccormick's Legal Reasoning And Legal Theory, Patricia D. White
Michigan Law Review
A review of Legal Reasoning and Legal Theory by Neil MacCormick
The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review
The Lawsuit Lottery: Only The Lawyers Win, Michigan Law Review
Michigan Law Review
A Book Notice about The Lawsuit Lottery: Only the Lawyers Win by Jeffrey O'Connell
The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review
The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review
Michigan Law Review
A Book Notice about The Process Is the Punishment: Handling Cases in a Lower Criminal Court by Malcolm M. Feeley
The Supreme Court: Myth And Reality, Michigan Law Review
The Supreme Court: Myth And Reality, Michigan Law Review
Michigan Law Review
A Book Notice about The Supreme Court: Myth and Reality by Arthur Selwyn
Political Theory And International Relations, Michigan Law Review
Political Theory And International Relations, Michigan Law Review
Michigan Law Review
A Book Notice about Political Theory and International Relations by Charles R. Beitz
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A list of books received by Michigan Law Reviews
Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins
Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins
Michigan Law Review
A review of The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation. Volume III by Aleksandr I. Solzhenitsyn
Resolving Doctor-Patient Conflicts, Bernard L. Diamond
Resolving Doctor-Patient Conflicts, Bernard L. Diamond
Michigan Law Review
A review of Taking Care of Strangers: The Rule of Law in Doctor-Patient Relations by Robert A. Burt
From Brown To Bakke: The Supreme Court And School Integration: 1954-1978, Michigan Law Review
From Brown To Bakke: The Supreme Court And School Integration: 1954-1978, Michigan Law Review
Michigan Law Review
A Book Notice about From Brown to Bakke: The Supreme Court and School Integration: 1954-1978 by J. Harvie Wilkinson III
Crisis And Legitimacy: The Administrative Process And American Government, Michigan Law Review
Crisis And Legitimacy: The Administrative Process And American Government, Michigan Law Review
Michigan Law Review
A Book Notice about Crisis and Legitimacy: The Administrative Process and American Government by James O. Freedman
How Nations Behave, 2d Ed., Michigan Law Review
How Nations Behave, 2d Ed., Michigan Law Review
Michigan Law Review
A Book Notice about How Nations Behave. 2d ed. by Louis Henkin