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Articles 1 - 6 of 6
Full-Text Articles in Law
Claims Of Dual Nationals In The Modern Era: The Iran-United States Claims Tribunal, Michigan Law Review
Claims Of Dual Nationals In The Modern Era: The Iran-United States Claims Tribunal, Michigan Law Review
Michigan Law Review
This Note will discuss the considerations, implicit in the Tribunal's opinion, that support substituting the doctrine of dominant and effective nationality for the rule of state nonresponsibility in cases involving claims of dual nationals. Part I of this Note briefly examines the traditional framework of diplomatic protection and demonstrates that the policies supporting the doctrine of state nonresponsibility are anachronistic and that strict adherence to them leads to inequitable results. Part II argues that the doctrine of dominant and effective nationality is the preferred standard for determining the status of dual national claims. At the core of this doctrine is …
Abusive Pro Se Plaintiffs In The Federal Courts: Proposals For Judicial Control, Michael J. Mueller
Abusive Pro Se Plaintiffs In The Federal Courts: Proposals For Judicial Control, Michael J. Mueller
University of Michigan Journal of Law Reform
This Note argues that a few courts have adopted lawful restraints and administrative procedures that, if uniformly adopted, would significantly improve protection of judicial resources while preserving access to the civil courts for legitimate claims. Part I identifies career plaintiffs and the burdens imposed on courts by excessive and abusive litigation. Part I also examines the source and scope of the right of access to the judicial process. Part II analyzes judicial responses to abuse in terms of their constitutionality and effectiveness at curbing such tactics. Part III advocates administrative procedures that would promote earlier identification of pro se career …
Redefining The "Cost Of Suit" Under Section Four Of The Clayton Act, Michigan Law Review
Redefining The "Cost Of Suit" Under Section Four Of The Clayton Act, Michigan Law Review
Michigan Law Review
This Note explores the possible interpretations of the "cost of suit" provision and the policies which it implicates. It concludes that the Copper Liquor interpretation best advances the goals of the antitrust laws set forth by Congress and the courts. Part I examines the development of the present controversy among the circuits. Part II analyzes and refutes the arguments which have been set forth in support of the traditional rule. Part III explores the policy considerations which underlie private treble damage actions and concludes that the Copper Liquor interpretation of the "cost of suit" provision serves them better than does …
Only Judgment: The Limits Of Litigation In Social Change, Michigan Law Review
Only Judgment: The Limits Of Litigation In Social Change, Michigan Law Review
Michigan Law Review
A Review of Only Judgment: The Limits of Litigation in Social Change by Aryeh Neier
Turning Away From Law?, David M. Trubek
Turning Away From Law?, David M. Trubek
Michigan Law Review
A Review of The Politics of Informal Justice, Volume 1: The American Experience; Volume 2: Comparative Studies by Richard L. Abel and Justice Without Law? by Jerold S. Auerbach
Folded, Spindled, And Mutilated: Economic Analysis And U.S. V. Ibm, Michigan Law Review
Folded, Spindled, And Mutilated: Economic Analysis And U.S. V. Ibm, Michigan Law Review
Michigan Law Review
A Review of Folded, Spindled, and Mutilated: Economic Analysis and U.S. v. IBM