Law Commons^™

The Alienation Of Law Students, Paul D. Carrington, James J. Conley

Michigan Law Review

Not many years ago, as much as one-fifth of a first-year class at The University of Michigan Law School did not return for the second year. It was a cause of regret that so much waste and frustration was associated with this non-event. Whether students failed or voluntarily withdrew, their time, money, and opportunity were lost.

Reflections On Public Interest Directors, Alfred F. Conard

Michigan Law Review

The "public interest director" may not yet be an idea whose time has come, but it is an idea that can no longer be ignored. The time has come for responsible lawyers and other opinion leaders to know why, and to what extent, they favor or oppose it.

The Proposed "Science Court", James A. Martin

Michigan Law Review

This article discusses the desirability of establishing some kind of science court. Section I examines arguments in favor of the creation of a science court. Section II compares the truth-seeking devices of the scientific method and the legal system in order to assess their merits in assisting the public policymakers faced with issues involving scientific matters. Section III discusses the various models that have been proposed for a science court. Section IV concentrates on the model proposed by Dr. Arthur Kantrowitz, taking it as the preferred model, and defends it against some criticism while suggesting various refinements. Section V examines …

Law In Sociobiological Perspective, Dr. Margaret Gruter

Florida State University Law Review

No abstract provided.

Laws That Are Made To Be Broken: Adjusting For Anticipated Noncompliance, Michigan Law Review

Michigan Law Review

This Note explores and defends a legislative strategy that has neither been clearly articulated by legal theorists nor methodically pursued by practical lawmakers. Most laws are introduced with the expectation that they will sometimes be broken, but it is generally -thought that noncompliance diminishes the utility of laws. It is possible, however, to design laws the utility of which is actually enhanced by a certain amount of noncompliance. As a corollary, it can ·be shown that it is rational, under some circumstances, for a legislature to enact laws that are not just expected but are intended to be broken with …

Maxwell Bloomfield's American Lawyers In A Changing Society, 1776-1876 (Book Review), Alfred S. Konefsky

Book Reviews

No abstract provided.

Program From The Twenty-Sixth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-sixth Thomas M. Cooley lectures, held March 21-24, 1977, at the University of Michigan Law School. The lecture series was "Judicial Review and the National Political Process" by Jesse H. Choper.

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

Cook Lecture Materials

The program from the twenty-second William W. Cook lectures, held April 4-6, 1977, at the University of Michigan. The lecture series was "The Death and Rebirth of Modern Architecture" by Ada Louise Huxtable.

Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Community Legal Workers At Parkdale Community Legal Services October 1977, Katie Mcgovern, Frederick H. Zemans

Books

Since its opening in September 1971, Parkdale Community Legal Services has served as both a neighbourhood law office and as Osgoode Hall Law School's first clinical training setting. Law students have been the primary deliverers of legal.services, with a growing number of staff lawyers, articling students, and practitioners supervising the student caseload. But most law students spend only one semester at Parkdale; therefore the staff lawyers and especially the community legal workers must provide continuity within the office and serve as the conduit to the Parkdale community.

1977-1978 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Yeshiva University – p. 4

Board of Trustees – p. 4

Administration – p. 4

Benjamin N. Cardozo School of Law – p. 5

Board – p. 5

Administration (Cardozo) – p. 5

Faculty – p. 6

Yeshiva University: History and Purpose – p. 10

Benjamin N. Cardozo School of Law: History and Purpose – p. 11

Program and Degree Requirements – p. 12

Student Activities – p. 13

Regulations – p. 14

Admissions – p. 17

Student Finances – p. 18

Description of Courses – p. 20

Index – p. 25

Gifts and Bequests – p. 27

University …

Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine

Articles

Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …

The Social Setting Of Human Rights: The Process Of Deprivation And Non-Fulfillment Of Values, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Public Participation In The Adoption Of Interpretive Rules And Policy Statements, Michael Asimow

Michigan Law Review

Section I of this article surveys the practices of a selected group of federal agencies in the adoption of interpretive rules and policy statements. It emphasizes the importance of these rules both to members of the public and to the administrative process. Section II analyzes the cases that have considered the AP A exemption of interpretive rules and policy statements from preadoption notice and comment procedures. These cases are in disarray for several reasons. For one thing, the bright lines traditionally assumed to distinguish interpretive rules and policy statements from legislative rules have become blurred and indistinct. Moreover, the courts …

Justice: An Un-Original Position, Neil Maccormick

Dalhousie Law Journal

Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …

Justice: An Un-Original Position, Neil Maccormick

Dalhousie Law Journal

Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …

Justice: An Un-Original Position, Neil Maccormick

Dalhousie Law Journal

Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …

Proposal For A Model Name Act, Ellen Jean Dannin

University of Michigan Journal of Law Reform

This note will discuss the common law of names relating to such issues as identity, contract, civil procedure, and criminal procedure, as well as discussing common law and statutory change of name methods. The failure of some courts to apply the existing law of names in a manner consistent with the state interest in record keeping and the personal interest in freedom of expression will be reviewed. Finally, a model act will be proposed attempting to reconcile and promote these interests.

Book Reviews, Frank J. Remington, George B. Tindall

Vanderbilt Law Review

Fair and Certain Punishment

Review by Frank J. Remington

Punishing Criminals. By Ernest van den Haag. New York: BasicBooks, Inc., 1975. Thinking About Crime. By James Q. Wilson. New York: BasicBooks, Inc., 1975.

Times change. So also do opinions about important social problems such as crime and government's response to crime. The books of both van den Haag and Wilson reflect changing opinions on crime and on what to do about crime. Both urge that we abandon the view that social conditions are an important cause of crime and that an improvement in social conditions will reduce crime substantially.Both urge …

240 Men: The Antebellum Lower Federal Judiciary, 1829-1861, Kermit L. Hall

Vanderbilt Law Review

Between 1829 and 1861 antebellum presidents nominated 200 judges to the federal lower courts. Earlier administrations had appointed another forty jurists who held their positions during part or all of the era. Of these judges, 108 served in the federal district courts, 126 in the territorial courts, five in the Court of Claims, and one in a special circuit court established in 1855 for the northern district of California. The number of appointments available to an administration involved fate and the pace of territorial expansion;thus, during the first eight years of the period, Jackson nominated thirty-two judges, while in the …

Education And The Law: State Interests And Individual Rights, Michigan Law Review

Michigan Law Review

No government activity exerts a more pervasive influence on Americans for a longer period of their lives than the regulation of education. The state seeks through its educational system to achieve two goals: the development of the basic reading, writing and other academic skills that any productive member of society must possess; and the inculcation of values deemed essential for a cohesive, harmonious and law-abiding society. Basically, through uniformity and standardization of the education experience the state attempts to guarantee that children will not become liabilities to society and that a minimal acceptance of shared values and norms will be …

Social Welfare--Effect Of Eligibility For Unemployment Compensation On A.F.D.C. Benefits, Vincent A. Collins

West Virginia Law Review

No abstract provided.

Access To Justice: Comparative General Report, Bryant Garth, Mauro Cappelletti, Nicolo Trocker

Articles by Maurer Faculty

No abstract provided.

Mobilizing Private Law, Richard O. Lempert

Book Chapters

The mobilization of law may be thought of as the process by which legal norms are invoked to regulate behavior. In the area of private law, mobilization has two distinct aspects. The first is the process by which existing disputes become engaged in the legal system. In theory this means that disputes are transferred from an arena where their resolution and the enforcement of resolutions depends on the relative power of the parties as enhanced or constrained by non-governmental normative systems to an arena where disputes are resolved by reference to governmental (legal) norms and resolutions enforced by the power …

Protecting America's Cultural And Historical Patrimony, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This Article suggests the procedures which the authors believe would effectively regulate the legal export of art works and be consistent with other foreign trade policies, while not unduly restricting free trade nor discouraging cultural exchange.

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

Cook Lecture Materials

The program from the twenty-first William W. Cook lectures, held March 29-31, 1976, at the University of Michigan. The lecture series was "Presidential Power Revisited: Reflections on Johnson and Nixon" by Richard E. Neustadt.

Book Review, Arthur R. Landever

Cleveland State Law Review

This review discusses two texts by Roberto Mangabeira Unger - Knowledge and Politics and Law in Modern Society: Toward a Criticism of Social Theory. In first of these writings the author attacks classical liberalism. He believes that liberalism often contradicts itself and falsely categorizes the goals of individuals as being focused on independence from society. The second of these texts uses historical and global content in order to better understand modern social theory and the ties that keep society going.

National Health Planning And Resources Development Act Of 1974: Implications For The Poor, Ken Wing, A. G. Schneider

Faculty Articles

The National Health Planning and Resources Development Act of 1974, was signed into law on January 4, 1975, following a lengthy legislative struggle. During the past 11 months, the fighting among private and public health interests has continued, although the principal arena has shifted from the Congress to the Department of Health, Education and Welfare, which is charged with primary responsibility for implementing the law. While the final outcome of this political conflict is still difficult to foresee, some informed estimates can already be made concerning the implications of this legislation for the poor. This article will not summarize the …

The Right To Religious Freedom And World Public Order: The Emerging Norms Of Nondiscrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The Protection Of Aliens From Discrimination And World Public Order: Responsibility Of States Conjoined With Human Rights, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.