Law Commons^™

Black English And Equal Educational Opportunity, Michigan Law Review

Michigan Law Review

There is a danger that the King case will be misunderstood. The press has sometimes portrayed it as a vindication of the right to use black English in the classroom rather than of the educational opportunities of the children who speak it, and the King opinion itself is at times confusing. This Note clarifies the meaning of King and section 1703(f) by examining four critical steps in Judge Joiner's reasoning. Section I examines the court's holding that "language barriers" under section l 703(f) include impediments to equal educational opportunity arising from dialect differences, and concludes that although the court's argument …

Social Investing And The Law Of Trusts, John H. Langbein, Richard A. Posner

Michigan Law Review

In Part I, after presenting a brief primer on the economics of securities markets, we analyze the economic and policy issues presented by social investing. We conclude that the usual forms of social investing involve a combination of reduced diversification and higher administrative costs not offset by net consumption gains to the investment beneficiaries. Social investing may therefore be economically unsound even though there is no reason to expect a portfolio constructed in accordance with the usual principles of social investment to yield a below-average rate of return - provided that administrative costs are ignored.

Part II relates our policy …

The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal

BYU Law Review

No abstract provided.

The Gap Between Law And Moral Order: An Examination Of The Legitimacy Of The Supreme Court Abortion Decisions, Lynn D. Wardle

BYU Law Review

No abstract provided.

In Search Of A Role For The Legal System, Fernando E. Agrait

BYU Law Review

No abstract provided.

The Role Of Lawyers: Beyond Advocacy, William Rich

BYU Law Review

No abstract provided.

Dworkin's Rights Thesis: Implications For The Relationship Between The Legal Order And The Moral Order, Livingston Baker

BYU Law Review

No abstract provided.

Law, Society, And Moral Order: Introduction To The Symposium, Richard D. Schwartz

BYU Law Review

No abstract provided.

Law, The Problems Of Poverty, And The "Myth Of Rights", Michael Diamond

BYU Law Review

No abstract provided.

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

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 …

Program From The Thirtieth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the thirtieth Thomas M. Cooley lectures, held October 21-23, 1980, at the University of Michigan Law School. The lecture series was "The Changing Legal World of Adolescence" by Franklin E. Zimring.

Satz V. Perlumutter, 379 So. 2d 359 (1980), Rosemary O'Shea

Florida State University Law Review

Constitutional Law-FLORIDA'S RIGHT TO DIE-A QUESTION OF LITIGATION OR LEGISLATION?

The Ordinary And The Extraordinary In Institutional Litigation, Theodore Eisenberg, Stephen C. Yeazell

Cornell Law Faculty Publications

Institutional litigation, in which courts are requested to oversee the operation of large public institutions, has been frequently attacked as a departure from the traditional model of litigation. In this Article, Professors Eisenberg and Yeazell argue that the procedures and remedies employed in institutional litigation are not unprecedented but have analogues in older judicial traditions. Nor, they assert, do the doctrines of separation of powers and federalism present any obstacles to institutional litigation. They conclude that the novelty lies in the newly created substantive rights which courts are asked to enforce.

Program From The Twenty-Fifth William W. Cook Lectures, University Of Michigan Law School

Cook Lecture Materials

The program from the twenty-fifth William W. Cook lectures, held January 22-24, 1980, at the University of Michigan. The lecture series was "The 'Third' Revolution-- and Its Consequences" by Daniel Bell.

Recent Publications, Paul Heng-Chao Chen, Paul Hoffman, Gilbert Sharpe, Glenn Sawyer, Leon Friedman, Catharine A. Mackinnon, Edward Dumbauld

Vanderbilt Law Review

Chinese Legal Tradition Under the Mongols: The Code of 1291 as Reconstructed. By Paul Heng-chao Ch'en

The author's analysis of the "New Code" leads him to two conclusions: that the Yuan penal system was more lenient than its predecessors in imposing lesser punishments for minor offenses, and that the Mongol-Chinese partnership of the Yuan dynasty developed one of the most impressive and mature judicial systems that imperial China ever had for the administration of justice. He therefore argues that Chinese law in the time of Marco Polo was much less barbaric than has traditionally been thought.

Courthouse. By Paul Hoffman. …

The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.

An Assessment Of Alternative Strategies For Increasing Access To Legal Services, Jeffrey W. Stempel

Scholarly Works

Since the late 1930s, lawyers have argued that their services are not used to the fullest advantage by a large segment of the population. More recently, other concerned groups such as trade unions and consumer organizations also have become convinced that there is an underutilization of lawyers' services, and that it is important to increase access to such services. As a result, attempts have been made to develop alternatives to the traditional methods of providing legal services that to date have proved inadequate in meeting the legal needs of the public. Legal clinics have proliferated, prepaid legal services plans have …

Double Jeopardy Of Corporate Profits, The , Constantine N. Katsoris

Faculty Scholarship

The more one reads about our economy, the more one is baffled and alarmed. Permanent solutions to economic problems are elusive. Treating one financial malaise often aggravates another sector of the economy, necessitating a delicate balancing of conflicting interests. Furthermore, the problems are complicated by the constant influence of foreign forces. Nevertheless, most economists agree that any solution will require enormous funding. Unfortunately, the public has little, if any, confidence in our tax system. Indeed, some tax laws and proposals have been referred to as "obscene" and a "disgrace to the human race." Few quarrel with the aptness of such …