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Articles 13081 - 13110 of 14151
Full-Text Articles in Law
Freedom, Coercion, And The Law Of Servitudes, Gregory S. Alexander
Freedom, Coercion, And The Law Of Servitudes, Gregory S. Alexander
Cornell Law Faculty Publications
What do we want from a restatement of servitude law? Doctrinal simplification presents one obvious objective. Property teachers and their students commonly observe that the law of servitudes is a mess. However, doctrinal simplification surely does not present the only objective of the restatement. Developing a unified body of servitude doctrine, by itself, merely creates a sense of aesthetic coherence. Presumably the project aims at achieving more than just that. Law reformers generally seek to enhance the legal system's substantive coherence. At this level--developing a set of substantively coherent doctrinal practices--I am skeptical about the servitude restatement project.
A restatement …
Making Society's Legal System Accessible To Society: The Lawyer's Role And Its Implications, L. Harold Levinson
Making Society's Legal System Accessible To Society: The Lawyer's Role And Its Implications, L. Harold Levinson
Vanderbilt Law Review
During the past two decades the legal profession has been remarkably, even frantically active in examining and drafting standards of professional conduct. The American Bar Association (ABA) adopted the Code of Professional Responsibility in 1970. Most states adopted the Code with relatively minor variations during the 1970s. The ABA repealed the Code in 1983 and adopted, in its place, the Model Rules of Professional Conduct. By the beginning of 1988 one-half of the states had implemented the Model Rules, with significant variations from the ABA version in some of these states, while the remaining states either had rejected the Model …
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
Democratic Education, Jonathan Marks
Democratic Education, Jonathan Marks
Michigan Law Review
A Review of Democratic Education by Amy Gutmann
Questioning Broadcast Regulation, Jonathan Weinberg
Questioning Broadcast Regulation, Jonathan Weinberg
Michigan Law Review
A Review of Seven Dirty Words and Six Other Stories: Controlling the Content of Print and Broadcast by Matthew L. Spitzer
The Public Defender, Robert R. Kimball
The Public Defender, Robert R. Kimball
Michigan Law Review
A Review of The Public Defender by Lisa J. McIntyre
Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak
Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak
Michigan Law Review
A Review of Crimewarps: The Future of Crime in America by Georgette Bennett
The Law: From A Profession To A Business, Norman Bowie
The Law: From A Profession To A Business, Norman Bowie
Vanderbilt Law Review
The public believes that the practice of law has become a business.They also believe that lawyers are in the profession for the money and that everything a law firm does is motivated by greed-well not every-hing, in L.A. Law lawyers are motivated by greed and lust. Allegedly,lawyers overcharge, create work, and delay in order to make more money. In return lawyers produce nothing useful; they do not make cars, steel, or heavy machinery. They are perceived by many as social parasites who make a handsome living off the productive labor of others. Economists note that the United States' workforce has …
A Need For Caring, Judith Areen
A Need For Caring, Judith Areen
Michigan Law Review
A Review of AIDS and the Law: A Guide for the Public edited by Harlon L. Dalton, Scott Burris and the Yale AIDS Law Project
And We Are Not Saved: The Elusive Quest For Racial Justice, Kevin Edward Kennedy
And We Are Not Saved: The Elusive Quest For Racial Justice, Kevin Edward Kennedy
Michigan Law Review
A Review of And We Are Not Saved: The Elusive Quest for Racial Justice by Derrick A. Bell
The Closing Of The American Mind: How Higher Education Has Failed Democracy And Impoverished The Souls Of Today's Students, Maureen P. Taylor
The Closing Of The American Mind: How Higher Education Has Failed Democracy And Impoverished The Souls Of Today's Students, Maureen P. Taylor
Michigan Law Review
A Review of The Closing of the American Mind: How Higher Education Has Failed Democracy and Impoverished the Souls of Today's Students/em by Allan Bloom
Corporations And Society: Power And Responsibility, Sara Anne Engle
Corporations And Society: Power And Responsibility, Sara Anne Engle
Michigan Law Review
A Review of Corporations and Society: Power and Responsibility edited by Warren J. Samuels and Arthur S. Miller
Reexamining The Law Of Rape, Janet E. Findlater
Reexamining The Law Of Rape, Janet E. Findlater
Michigan Law Review
A Review Real Rape by Susan Estrich
Stories Of Rights: Developing Moral Theory And Teaching Law, Patricia A. Cain, Jean C. Love
Stories Of Rights: Developing Moral Theory And Teaching Law, Patricia A. Cain, Jean C. Love
Michigan Law Review
A Review of Rights, Restitution, & Risk: Essays in Moral Theory by Judith Jarvis Thomson, edited by William Parent
Rummaging Through The Emperor's Wardrobe, Don Herzog
Rummaging Through The Emperor's Wardrobe, Don Herzog
Michigan Law Review
A Review of Politics: A Work in Constructive Social Theory. 3 Volumes by Roberto Mangabeira Unger
Abortion And Divorce In Western Law, Sara J. Vance
Abortion And Divorce In Western Law, Sara J. Vance
Michigan Law Review
A Review of Abortion and Divorce in Western Law by Mary A. Glendon
The Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer
The Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer
Vanderbilt Law Review
The dominant ethic in the American legal profession in 1988 is the adversary ethic. The adversary ethic, in the words of the late Justice Abe Fortas, claims that "[l]awyers are agents, not principals; and they should neither criticize nor tolerate criticism based upon the character of the client whom they represent or the cause that they prosecute or defend. They cannot and should not accept responsibility for the client's practices." This ethic is the principal-and often the only-reference point in professional discussions. Although it is embedded in our professional codes, our cases, and our law offices, this Article argues that …
Law And Culture In Antebellum Boston (Review Essay), Alfred S. Konefsky
Law And Culture In Antebellum Boston (Review Essay), Alfred S. Konefsky
Book Reviews
Review of Robert A. Ferguson, Law and Letters in American Culture; R. Kent Newmeyer, Supreme Court Justice joseph Story: Statesman of the Old Republic; and William H. Pease & Jane H. Pease, The Web of Progress: Private Values and Public Syles in Boston and Charleston.
Regulation And The United States Corporation: An Alternative To Law-And-Economics, Jan G. Deutsch
Regulation And The United States Corporation: An Alternative To Law-And-Economics, Jan G. Deutsch
Cardozo Law Review
No abstract provided.
Liberalism's Public/Private Split, Elizabeth B. Mensch, Alan David Freeman
Liberalism's Public/Private Split, Elizabeth B. Mensch, Alan David Freeman
Other Scholarship
No abstract provided.
The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein
The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein
Michigan Law Review
The main purpose of this article is to sound a pair of themes about the ways in which these great changes in the nature of wealth have become associated with changes of perhaps comparable magnitude in the timing and in the character of family wealth transmission. My first theme, developed in Part II, concerns human capital. Whereas of old, wealth transmission from parents to children tended to center upon major items of patrimony such as the family farm or the family firm, today for the broad middle classes, wealth transmission centers on a radically different kind of asset: the investment …
Homelessness: A Commentary And A Bibliography, Raymond B. Marcin
Homelessness: A Commentary And A Bibliography, Raymond B. Marcin
Scholarly Articles
Recently, there has been an upsurge of interest in the issue of homelessness, sparked partly by a shocking upsurge in the incidence of the phenomenon itself and partly by a maturation in our collective thinking on the issue. The upsurge of interest, at any rate, is strong enough to suggest the utility of a bibliography on the subject. The bibliography is to be considered the major part of and the raison d'etre for this article, with the commentary that follows representing the author's personal reactions and observations on reading and thinking about many of the items in the bibliography.
Naturalization Ceremony: U.S. District Court, Southern District Of New York, Roger J. Miner '56
Naturalization Ceremony: U.S. District Court, Southern District Of New York, Roger J. Miner '56
Naturalization Ceremonies
No abstract provided.
Methodological Issues In The Content Analysis Of Pornography, Daniel Linz, Edward Donnerstein
Methodological Issues In The Content Analysis Of Pornography, Daniel Linz, Edward Donnerstein
University of Michigan Journal of Law Reform
No scientifically sound analysis of the content of pornography in the United States as a whole currently exists. Dietz and Sears's article takes us a small step closer to quantifying the contents of pornography. Some of the methods employed in the present study, however, prohibit us from making solid generalizations from the findings reported here to the nationwide pornographic marketplace. Our critique of the article will concentrate first on the methods employed in the study and then on the findings obtained through these methods and the authors' interpretation of these findings.
Torts - Municipal Liability - Exemplary Damages Available Against Municipality Performing Proprietary Function If Willful Or Malicious Conduct Directly Attributable To City Official(S) Symposium - Business Tort Litigation - Case Note., Jeffery V. Strahan
St. Mary's Law Journal
Abstract Forthcoming.
Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott
Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott
St. Mary's Law Journal
Section 33.01 of the Texas Family Code uses archaic terms and needs to be updated to eliminate confusion. This section provides an expansive statutory avenue for recovering from the parent damages previously unavailable at common law for a child's acts. However, the extent of parental liability under both of the available statutory provisions—negligence and strict liability—is disputable. While section 33.01 currently uses the terms "willful" and "malicious," these terms should be excluded in favor of "intentional" and "grossly negligent conduct." In an age when tort liability is determined more from an insurance theory than a fault theory, section 33.01 of …
Landlord Implicitly Warrants That Commercial Premises Suited For Inteded Use; Tenant's Duty To Pay Rent Dependent Upon Landlord Honoring Implied Warranty., Troy (Trey) S. Martin Iii
Landlord Implicitly Warrants That Commercial Premises Suited For Inteded Use; Tenant's Duty To Pay Rent Dependent Upon Landlord Honoring Implied Warranty., Troy (Trey) S. Martin Iii
St. Mary's Law Journal
Abstract Forthcoming.
Surrogacy And Adoption: A Case Of Incompatibility, Barbara L. Atwell
Surrogacy And Adoption: A Case Of Incompatibility, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
This Article explores the public policy doctrine relating to contracts generally and examines specific public policies set forth in state adoption statutes. The Article concludes that surrogate parenting agreements are 1) incompatible with consent provisions of state adoption statutes, 2) inconsistent with state laws prohibiting baby-selling, and 3) inconsistent with state adoption provisions that provide for a thorough investigation of the adoptive parents in order to ensure that the adoption serves the child's best interests. Accordingly, this Article suggests that as state legislatures debate the best means of addressing the issue of surrogate parenting, they should recognize that surrogate parenting …
Law And Literature: 'No Manifesto', James Boyd White
Law And Literature: 'No Manifesto', James Boyd White
Articles
With what hopes and expectations should a lawyer turn to the reading of imaginative literature? To books and articles that purport to connect that literature in some way with the law? In particular, is "law and literature" -to which this Symposium is directed-to be thought of as an academic "field" like law and psychiatry, say, or law and economics? If so, what can it purport to teach us? If not, how is it to be thought of?
Ordeal In Iceland, William I. Miller
Ordeal In Iceland, William I. Miller
Articles
Ordeal holds a strange fascination with us. It appalls and intrigues. We marvel at the mentality of those cultures that officialize it; we feel a sense of horror as we imagine ourselves intimately involved with boiling water or glowing irons. And we don't feel up to it. So our terror and cowardice becomes their brutality and irrationality. I am not about to urge to reinstitution of ordeals, although most practicing lawyers will tell you that that is still what going to law is, a crapshoot they say. What I want to do is call attention to the difficulty of not …