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Articles 61 - 88 of 88
Full-Text Articles in Law
Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver
Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver
Michigan Law Review
A Review of Agenda for Reform: The Future of Employment Relationships and the Law by William B. Gould IV
State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia
State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia
Articles
While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …
Divorce Reform And The Legacy Of Gender, Milton C. Regan Jr.
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
The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner
The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner
Articles
Nearly everyone knows about the transformation of the American family that has taken place over the last couple of decades. The changes, from the latter half of the 1970s into the present, comprise one of the great events of our age. Articles on one aspect or another of the phenomenon frequent the popular press, and a special edition of Newsweek was recently devoted to the topic.' The traditional "Leave It To Beaver" family no longer prevails in American society. To be sure, families consisting of a wage-earning husband, a homemaking and child-rearing wife, and their two joint children still exist. …
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Articles
Those who drafted the equitable distribution statutes adopted in New York and elsewhere wanted to help assure women and children an acceptable level of financial well-being after divorce. Marsha Garrison has shown that divorcing couples rarely possess enough resources to attain financial well-being even when they live together as a couple, let alone when they live in two separate households. She has also shown that, even in the cases of couples with substantial assets, the broad and general language of the equitable distribution statute did not lead (and could not have been expected to lead) to consistent distributions that assured …
Curtailing Inherited Wealth, Mark L. Ascher
Curtailing Inherited Wealth, Mark L. Ascher
Michigan Law Review
One of the most dominant themes in American ideology is equality of opportunity. In our society, ability and willingness to work hard are supposed to make all things possible. But we know there are flaws in our ideology. Differences in native ability unquestionably exist. Similarly, some people seem to have distinctly more than their fair share of good luck. Both types of differences are, however, beyond our control. So we try to convince ourselves that education evens out most differences. Still, we know there are immense differences in the values various parents imbue in their children. And we also know …
Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner
Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner
University of Michigan Journal of Law Reform
This Note uses feminist reform of sexual harassment law to show how the reconstruction of factual descriptions can lead to change in the law. Part I describes the feminist methodology of consciousness raising and analyzes Catharine MacKinnon's Sexual Harassment of Working Women as an example of a successful consciousness-raising tool. Part II discusses sexual harassment doctrine and presents a case study illustrating how changing the way legal decision makers think about facts can lead to law reform. Part III discusses how social construction theory aids understanding of changes in sexual harassment law.
Spousal Probate Rights In A Multiple-Marriage Society, Lawrence W. Waggoner
Spousal Probate Rights In A Multiple-Marriage Society, Lawrence W. Waggoner
Other Publications
Nearly everyone knows about the transformation of the American family that has taken place over the last couple of decades. The changes comprise one of the great events of our age-from the latter half of the 1970's into the present. Articles on one aspect or another of the phenomenon frequent the popular press, and a special edition of Newsweek was recently devoted to the topic. The traditional "Leave It To Beaver" family no longer prevails in American marriage behavior. To be sure, the wage-earning husband, the homemaking and child-rearing wife, and their two joint children-this type of family still exists. …
Legislatures And Legal Change: The Reform Of Divorce Law, Carl E. Schneider
Legislatures And Legal Change: The Reform Of Divorce Law, Carl E. Schneider
Michigan Law Review
A Review of A Silent Revolution: Routine Policy Making and the Transformation of Divorce Law in the United States by Herbert Jacob
Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck
Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck
University of Michigan Journal of Law Reform
Part I of this Note explains the history of the law's response to Bad Samaritanism. Part II discusses the benefits of enacting a duty to notify. Part III responds to various objections that might be raised against the duty to notify. And Part IV offers a model statute for legislatures to follow in enacting the duty to notify.
The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers
The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers
Articles
The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people to live their …
Recognizing A Constitutional Right Of Media Access To Evidentiary Recordings In Criminal Trials, Teri G. Rasmussen
Recognizing A Constitutional Right Of Media Access To Evidentiary Recordings In Criminal Trials, Teri G. Rasmussen
University of Michigan Journal of Law Reform
This Note advocates recognition of a constitutional right of press access to evidentiary recordings in criminal trials. It proposes methods for accommodating the competing rights of the news media to have access to evidentiary recordings used in criminal trials and the right of criminal defendants to a fair trial. Part I examines the source of controversy and sets forth the limitations inherent in the current common law presumption of press access to judicial records. Part II disusses the underlying values that require recognition of the constitutional right and suggests that such a right can be accommodated with a defendant's right …
How Consumer Remedies Fail, Bryant G. Garth
How Consumer Remedies Fail, Bryant G. Garth
Michigan Law Review
A Review of No Access to Law: Alternatives to the American Judicial System edited by Laura Nader
The Coming Curtailment Of Compulsory Child Support, David L. Chambers
The Coming Curtailment Of Compulsory Child Support, David L. Chambers
Articles
Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …
The Social And Political Challenge Of Inflation: An Economist's View, Harold T. Shapiro
The Social And Political Challenge Of Inflation: An Economist's View, Harold T. Shapiro
University of Michigan Journal of Law Reform
This Special Issue of the Journal of Law Reform has been nourished, at least in an emotional sense, by this same concern. The editors of the Journal apparently share the widespread frustration regarding what seem to increasing numbers of citizens as the largely intractable nature of the country's current economic ills. There is a certain apprehension that we may not be able to develop solutions to our lagging productivity, to our continuing inflation and unemployment, to our energy "problem," or to a host of other "economic" issues currently outstanding on the national agenda: unemployment of young people and minorities, environmental …
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
Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella
Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella
Michigan Law Review
It is this Article's thesis that the substitution of plea-bargaining for the criminal trial as our primary method for determining legal guilt requires a fundamental reassessment of our pretrial screening processes. In a system where the prosecutor's decision to file charges is usually followed by a negotiated guilty plea, we can no longer pretend that the pretrial process does not adjudicate the defendant's guilt. Accordingly, this Article argues that it no longer makes sense to rely primarily on the trial to safeguard essential accusatorial principles when pretrial screening devices like the preliminary hearing and the grand jury perform the only …
Protection Of Children From Use In Pornography: Toward Constitutional And Enforceable Legislation, T. Christopher Donnelly
Protection Of Children From Use In Pornography: Toward Constitutional And Enforceable Legislation, T. Christopher Donnelly
University of Michigan Journal of Law Reform
This article will begin with an overview of the child pornography problem, then move to a more detailed discussion of the harms wrought upon children and society by the production and distribution of such material. A discussion of prior law will follow, detailing the need for legislation aimed specifically at the child pornography industry. The majority of the article will undertake a critical examination of existing child pornography legislation. The various elements of the offenses will be discussed and recommendations will be made to assure the effectiveness and constitutionality of child pornography statutes. In addition, provisions designed to facilitate easier …
Developing The Role Of Law In Social Change: Past Endeavors And Future Opportunities In Latin America And The Caribbean, A. López Valdez
Developing The Role Of Law In Social Change: Past Endeavors And Future Opportunities In Latin America And The Caribbean, A. López Valdez
University of Miami Inter-American Law Review
No abstract provided.
Law Reform And Law For The Layman: A Challenge To Legal Education, Walter Barnett
Law Reform And Law For The Layman: A Challenge To Legal Education, Walter Barnett
Vanderbilt Law Review
Most of the current debate over academic neutrality has centered on whether the university as an institution--the faculty and students as a corporate body--should take formal positions on political issues, such as the war in Vietnam. This article will address the related, but perhaps more mundane, question whether law professors should take a more active role in providing legal services to government and to the public when this activity might provoke attacks on academic freedom. Traditionally, law professors who have sought to serve society in ways other than educating lawyers have engaged in the following five extramural activities:' (1) The …
Witherspoon: Administrative Implementation Of Civil Rights, Leon Mayhew
Witherspoon: Administrative Implementation Of Civil Rights, Leon Mayhew
Michigan Law Review
A Review of Administrative Implementation of Civil Rights by Joseph Parker Witherspoon
Wage Garnishment Should Be Prohibited, William T. Kerr
Wage Garnishment Should Be Prohibited, William T. Kerr
University of Michigan Journal of Law Reform
Historically, the statutory treatment of wage garnishment among the states has been characterized primarily by its diversity. Although most states exempt a specified amount of a man's wage from the reach of his creditors, the dollar levels of these exemptions are as various as the methods chosen to compute the amount to be exempted. In addition, legislators, some union spokesmen and some legal commentators have become increasingly aware of the role of wage garnishment in the "debtor-spiral" of easy credit, discharge from employment, bankruptcy and welfare. Inevitably this spiral involves a disproportionate impact on the poor. Impelled by these concerned …
Persuader: Mobilization Of Support, Mary Ann Beattie
Persuader: Mobilization Of Support, Mary Ann Beattie
University of Michigan Journal of Law Reform
Law reform can be achieved through precedent-setting case law and through legislation. Each is a time-consuming activity with its own stumbling blocks. To establish law through the case method, one must have a fact situation directly on point with the inequity which one is trying to remedy. In many situations the client must be willing to follow through a long process of trial and appeal, instead of settling for a more immediate but incomplete resolution of his problem. The costs of litigation may become an insurmountable problem. Another difficulty with the test case as a vehicle for law reform is …
Draftsman: Formulation Of Policy, Carl Schier
Draftsman: Formulation Of Policy, Carl Schier
University of Michigan Journal of Law Reform
Most low income families rent their living accommodations; for them the lease arrangement is a precarious one at best. It is generally a periodic tenancy from week to week or month to month with the agreement rarely reduced to writing. If the allocation of rights and duties between the parties is spelled out by them at all, it is quite one-sided and normally delineates only what the tenant may and may not do. When there is no written agreement or when the writing is silent as to the obligations of the parties, the common law of landlord and tenant controls, …
The Courts, The Public And The Law Explosion.Harry W. Jones, Ed.
The Courts, The Public And The Law Explosion.Harry W. Jones, Ed.
Washington and Lee Law Review
No abstract provided.
The Challenge Of Law Reform, Lee Silverstein
The Challenge Of Law Reform, Lee Silverstein
West Virginia Law Review
No abstract provided.
The Fitting Of The Handcuffs Or A Country Lawyer Looks At Law Reform, Robert T. Donley
The Fitting Of The Handcuffs Or A Country Lawyer Looks At Law Reform, Robert T. Donley
West Virginia Law Review
No abstract provided.
Divorce Laws And The Increase Of Divorce, Evans Holbrook
Divorce Laws And The Increase Of Divorce, Evans Holbrook
Articles
Along with the condemnation of the divorce evil has gone a very general disposition to condemn our divorce laws as being responsible for the evil. The committee on resolutions of the Congress on Uniform Divorce Laws in its report to the Congress at its adjourned session in Philadelphia, November 13, 1906, speaks of the "many evils engendered by the lax and unphilosophic system prevailing in many of the states."3 On this phase of the question also our late president gave his views in his special message to Congress on January 30, 1905, in the following words: "There is a wide-spread …