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Abortion And The Presidential Election Of 1976: A Multivariate Analysis Of Voting Behavior, Maris A. Vinovskis

Michigan Law Review

Despite the widespread public interest in the role of the abortion controversy in American politics today, no one has attempted to analyze systematically its impact on the electorate. Some national opinion surveys have asked voters whether or not they would be influenced by a candidate's position on abortion, but they have not attempted to ascertain its relative importance, compared to other considerations, in the final deliberations of the electorate. In an effort to provide a more systematic study of the role of abortion in American politics today, this Article analyzes the campaign to elect the President of the United States …

The Politics Of Abortion In The House Of Representatives In 1976, Maris A. Vinovskis

Michigan Law Review

The battle over federal funds for abortions and the attempts to pass a constitutional amendment to prohibit all abortions have become annual events that most members of Congress privately dread but publicly welcome. As "pro-life" and "pro-choice" constituents descend upon their elected officials each year, representatives are forced to face an issue that has no easy legislative solution. Despite the intensity and disruptiveness of these confrontations, there have been no thorough and independent analyses of this phenomenon. Instead, most information on the abortion controversy in Congress has come from the understandably biased pens of the activists on both sides. Representatives …

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 77: Subject Index, Table of Cases, Articles, Authors, Book Reviews

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 77, Issue 7 of Michigan Law Review

The Juridical Status Of The Fetus: A Proposal For Legal Protection Of The Unborn, Patricia A. King

Michigan Law Review

What claims to protection can be asserted by a human fetus? That question, familiar to philosophy and religion, has long haunted law as well. While the philosophical and theological issues remain unresolved, and are perhaps unresolvable, I believe that we can no longer avoid some resolution of the legal status of the fetus. The potential benefits of fetal research, the ability to fertilize the human ovum in a laboratory dish, and the increasing awareness that a mother's activities during pregnancy may affect the health of her offspring create pressing policy issues that raise possible conflicts among fetuses, mothers, and researchers. …

The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton

Michigan Law Review

Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.

Public Support For Pro-Choice Abortion Policies In The Nation And States: Changes And Stability After The Roe And Doe Decisions, Eric M. Uslaner, Ronald E. Weber

Michigan Law Review

"The Supreme Court," according to the legendary Mr. Dooley, "follows the election returns." In 1973, the Court's two landmark decisions, Roe v. Wade and Doe v. Bolton, struck down statutes in the forty-six states where abortions were not permitted under any circumstances or were allowed only to save the life of the woman during the first three months of pregnancy. There had been a considerable increase in the level of support for the pro-choice position among the public in the few years preceding Roe and Doe. But did the decisions themselves lead to even more public support for …

Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson

Michigan Law Review

Legislatures and courts, in weighing the relative advantages of joint and separate trials, have unreasonably struck a balance in favor of joint trials. The strongest justification traditionally offered for joint trials is efficiency. This Article shows that courts have greatly exaggerated the supposed efficiencies of joint trials while grossly underestimating the impediments joint trials pose to fair and accurate determinations of individual guilt or innocence. The propriety of joint trials is more than a question of efficiencies. Joint trials usually, although not always, help the prosecutor to get convictions, and thereby modify the balance of advantage in criminal trials. Disputes …

Probability Theory Meets Res Ipsa Loquitur, David Kaye

Michigan Law Review

This Article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. It does not urge that jurors be instructed in probability theory or be equipped with microprocessors. Rather, it seeks an accurate statement of the res ipsa doctrine in ordinary language. In particular, this Article will show that the conventional formulation of the doctrine is misleading at best, and should be replaced with a more careful statement of the conditions warranting the res ipsa inference. To this end, Section I briefly surveys the legal doctrine, or, more precisely, …

Search And The Single Dormitory Room, Michigan Law Review

Michigan Law Review

This Note suggests that dormitory privacy should not be illusory. It argues that when a college breaches the standards of the fourth amendment in searching a student's room, the exclusionary rule should proscribe reliance on the fruits of that search to punish the student.

The argument progresses in two steps. Section I observes that the guarantees of the fourth amendment apply to searches of college students' rooms by college officials just as they apply to searches of any private dwelling by government officials. It traces the happy demise of Moore v. Student Affairs Committee, which allowed students only limited …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 77, Issue 6 of Michigan Law Review

Union Decisions On Collective Bargaining Goals: A Proposal For Interest Group Participation, Eileen Silverstein

Michigan Law Review

This Article assesses the consequences of unions' virtually unrestrained power to set bargaining priorities and to reconcile antagonisms among the workers they represent. It then evaluates the function that economic interest groups within unions might serve if workers were encouraged to form interest groups and these groups were recognized as legitimate mechanisms for meeting the diverse needs of a heterogeneous workforce.

Periodical Index, Michigan Law Review

Michigan Law Review

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

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Rationalizing Administrative Searches, Michigan Law Review

Michigan Law Review

At the outset, this Note examines the major decisions concerning administrative searches. Specifically, it traces the development of a warrant requirement and of the corresponding lower standard of probable cause announced in the Camara and See decisions. Subsequent modifications of that seemingly absolute rule are then analyzed. To develop a framework for evaluating administrative search cases, Section II groups those principal Supreme Court cases, along with pertinent lower court opinions, into three tiers of fourth amendment protection: administrative searches that require a warrant based on a traditional criminal standard of probable cause; administrative searches that require a warrant based on …

Compensation And Reward For Saving Life At Sea, Steven F. Friedell

Michigan Law Review

This Article explores the life salvage rules under the general maritime law and under the 1912 life salvage statute. Surprisingly, some life salvors had greater rights under the general maritime law than they have under cases construing the statute. This Article suggests that courts have given insufficient attention to the purposes of the Brussels Salvage Convention of 1910, which inspired the 1912 statute, and that American courts should .remain free to recognize all rights that life salvors possessed before the Brussels Convention.

This Article then considers whether American courts should further expand the rights of life salvors by awarding life …

The Future Of Confrontation, Peter K. Westen

Michigan Law Review

The Supreme Court seems to be setting the stage for a long-awaited examination of the confrontation clause. It has been ten years since the Court endeavored in Dutton v. Evans to reconcile the evidentiary rules of hearsay with the constitutional commands of confrontation. Dutton came at the tail end of a string of confrontation cases that the Court had resolved without apparent difficulty. Not surprisingly, the Court approached Dutton in the evident belief that it could resolve the constitutional problems of hearsay once and for all. Instead, after oral argument in 1969 and a rehearing in 1970, the Court found …

The Haitian Vacation: The Applicability Of Sham Doctrine To Year-End Divorces, Michigan Law Review

Michigan Law Review

This Note examines the propriety of applying the sham doctrine to tax-motivated divorces. Section I outlines the evolution of the sham doctrine from its exposition in Gregory v. Helvering through its expression in two different tests for commercial transactions. Section II then studies the relationship between state divorce law and the marital status provisions of the Internal Revenue Code to demonstrate the clear congressional preference for incorporating state law by reference rather than creating an independent federal law of marriage. It also examines the history of the 1969 Tax Reform Act in a vain effort to discern a congressional desire …

Mutuality Of Estoppel: A Question, Stephen Millman, David Gruber

Michigan Law Review

A recent Note, "A Probabilistic Analysis of the Doctrine of Mutuality of Collateral Estoppel, " made excellent use of elementary probability theory to demonstrate the extent to which relaxation of the mutuality requirement will increase the damages suffered by a defendant subject to multiple suits in which there is common issue (or correspondingly, will decrease the total recovery of a plaintiff who has several suits litigating a common issue against different defendants). Although the author made a number of useful points concerning the case law and the arguments advanced by proponents on each side of the controversy, the central thesis …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Rationalizing Administrative Searches, Michigan Law Review

Michigan Law Review

At the outset, this Note examines the major decisions concerning administrative searches. Specifically, it traces the development of a warrant requirement and of the corresponding lower standard of probable cause announced in the Camara and See decisions. Subsequent modifications of that seemingly absolute rule are then analyzed. To develop a framework for evaluating administrative search cases, Section II groups those principal Supreme Court cases, along with pertinent lower court opinions, into three tiers of fourth amendment protection: administrative searches that require a warrant based on a traditional criminal standard of probable cause; administrative searches that require a warrant based on …

Compensation And Reward For Saving Life At Sea, Steven F. Friedell

Michigan Law Review

This Article explores the life salvage rules under the general maritime law and under the 1912 life salvage statute. Surprisingly, some life salvors had greater rights under the general maritime law than they have under cases construing the statute. This Article suggests that courts have given insufficient attention to the purposes of the Brussels Salvage Convention of 1910, which inspired the 1912 statute, and that American courts should .remain free to recognize all rights that life salvors possessed before the Brussels Convention.

This Article then considers whether American courts should further expand the rights of life salvors by awarding life …

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

Michigan Law Review

Front Matter for Volume 77, Issue 5 of Michigan Law Review

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 77, Issue 4 of Michigan Law Review

Computer Programs As Goods Under The U.C.C., Michigan Law Review

Michigan Law Review

This Note addresses the requirements for governing computer program contracts by article 2 of the U.C.C.: that the several methods of selling programs be "transactions in goods" and that the goods not be merely incidental to accompanying services. This Note concludes that contracts for program copies are, in most contexts, transactions within the scope of article 2.

The Pursuit Of A Client's Interest, Warren Lehman

Michigan Law Review

There has been recently a resurgence of interest in how the lawyer serves his client. Much of that interest has been occasioned by the indigestibility of the idea that the lawyer is, as it is said, a hired gun. There are those who think that instead the lawyer ought to act toward his client as a therapist. Others are concerned with rationalizing for the lawyer the ethical discomforts of servantship (which many might guess have been brought to the fore by Watergate). Yet others see the client as victim of a structure - represented by the lawyer - that frustrates …

Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu

Michigan Law Review

This Article explores such trends in the context of several recent cases and in the broader context of established patterns of constitutional law. Section II shows how the different strains of fourteenth amendment activism over the past century have tangled the strands of the fourteenth amendment in a thick, almost impenetrable knot. Section ill studies the tangle's reflection in three cases raising fundamental rights problems - Maher v. Roe, Moore v. City of East Cleveland, and Zablocki v. Redhail. Finally, Section N offers what Sections II and III suggest is missing from fourteenth amendment case law- a theory, abstract …

Recent Books, 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 I Leading Law Reviews