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Articles 1 - 30 of 31
Full-Text Articles in Law
The Limits Of Performance-Based Regulation, Cary Coglianese
The Limits Of Performance-Based Regulation, Cary Coglianese
University of Michigan Journal of Law Reform
Performance-based regulation is widely heralded as a superior approach to regulation. Rather than specifying the actions regulated entities must take, performance-based regulation instead requires the attainment of outcomes and gives flexibility in how to meet them. Despite nearly universal acclaim for performance-based regulation, the reasons supporting its use remain largely theoretical and conjectural. Owing in part to a lack of a clear conceptual taxonomy, researchers have yet to produce much empirical research documenting the strengths and weaknesses of performance-based regulation. In this Article, I provide a much-needed conceptual framework for understanding and assessing performance-based regulation. After defining performance-based regulation and …
Prosecuting Worker Endangerment: The Need For Stronger Criminal Penalties For Violations Of The Occupational Safety And Health Act, David M. Uhlmann
Prosecuting Worker Endangerment: The Need For Stronger Criminal Penalties For Violations Of The Occupational Safety And Health Act, David M. Uhlmann
Articles
A recent spate of construction deaths in New York City, similar incidents in Las Vegas, and scores of fatalities in recent years at mines and industrial facilities across the country have highlighted the need for greater commitment to worker safety in the United States and stronger penalties for violators of the worker safety laws. Approximately 6,000 workers are killed on the job each year1—and thousands more suffer grievous injuries—yet penalties for worker safety violations remain appallingly small, and criminal prosecutions are almost non-existent. In recent years, most of the criminal prosecutions for worker safety violations have been brought by the …
Does Nonprofit Ownership Matter?, Jill R. Horwitz
Does Nonprofit Ownership Matter?, Jill R. Horwitz
Articles
In recent years, policymakers have increasingly questioned whether nonprofit institutions, particularly hospitals, merit tax exemption. They argue that nonprofit hospitals differ little from their for-profit counterparts in the provision of charity care and, therefore, should either lose their tax-exempt status or adhere to new, strict, and specific requirements to provide free services for the poor. In this Article, I present evidence that hospital ownership-whether it is for-profit, nonprofit, or government owned-has a significant effect on the mix of medical services it offers. Despite notoriously weak enforcement mechanisms, nonprofit hospitals act in the public interest by providing services that are unlikely …
Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson
Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson
Articles
Information is the lifeblood of regulatory policy. The effective use of governmental power depends on information about conditions in the world, strategies for improving those conditions, and the consequences associated with deploying different strategies. Indeed, this need for information has led legislatures to create specialized committee structures, delegate policy authority to expert agencies, and develop administrative procedures that encourage analysis. Although legal scholars have extensively debated procedures and reforms designed to improve the analytic and scientific basis of regulatory policymaking, they have paid relatively little attention to how regulators gain the information they need for making and implementing regulatory policy. …
Clarifying Legal Drafting By Well-Structuring It: An Improved Version Of The Plain Language Game, Layman E. Allen
Clarifying Legal Drafting By Well-Structuring It: An Improved Version Of The Plain Language Game, Layman E. Allen
Other Publications
In order to be plain, language should be well-structured. This is the theory upon which the PLAIN LANGUAGE Game is based. It provides those who aspire to be legal drafters with practice in constructing well-structured statements - a useful skill for expressing clear legal norms. You have already encountered the underlining of part of the term 'well-structured', 'PLAIN LANGUAGE' and 'norm', and may be wondering about it The underlining of the first two letters of each word of a term indicates that the term is a defined term and that it is being used in its defined sense. Thus, a …
What Counts Is How The Game Is Scored: One Way To Increase Achievement In Learning Mathematics, Layman E. Allen, Gloria Jackson, Joan Ross, Stuart White
What Counts Is How The Game Is Scored: One Way To Increase Achievement In Learning Mathematics, Layman E. Allen, Gloria Jackson, Joan Ross, Stuart White
Articles
Pior investigation indicates that instructional gaming can be an effective tool for enhancing both motivation and achievement in the learning of mathematics. This study explores the extent to which the effectiveness of instructional gaming in facilitating the learning of specific mathematical ideas can be increased by incorporating devices that channel learners’ attention upon those ideas. In particular, the effect of channeling attention by changing the method of scoring is explored.
The Solicitor General And Intragovernmental Conflict, Michigan Law Review
The Solicitor General And Intragovernmental Conflict, Michigan Law Review
Michigan Law Review
This Note considers the way in which the Solicitor General has resolved-and should resolve-such ambiguities in his role as advocate for the United States. First, the Note examines the accommodation of interests represented by the Solicitor General's responses to discordant obligations. Second, it analyzes the common law and statutory sources of the Solicitor General's responsibilities. Finally, the proper role of the Solicitor General is assessed, giving due consideration to his position .as mediator among interest groups within the government and to the institutional constraints to which he is subject.
Equations Presented As An Example Of A Nonsimulation Game, Layman E. Allen, Joan K. Ross
Equations Presented As An Example Of A Nonsimulation Game, Layman E. Allen, Joan K. Ross
Articles
One way of characterizing instructional games is in terms of whether they are simulation games or nonsimulation games. Most ofSimulation Gaming News deals with simulation games and other simulations; here we are concerned with nonsimulation games.
The Virtues Of Nonsimulation Games, Layman E. Allen, Robert W. Allen, Joan Ross
The Virtues Of Nonsimulation Games, Layman E. Allen, Robert W. Allen, Joan Ross
Articles
The use of games as teaching devices is receiving attention from an increasing number of educators. Data from tests conducted with one such educational game-WFF ’N PROOF strongly indicate that this and similar games are useful, not only in teaching a particular subject (in this case symbolic logic), but also in increasing the general problem-solving ability of the student. WFF ’N PROOF is actually not one game but a series of 21 games of increasing difficulty. The first games in the series are quite simple and can be enjoyed by first graders. The final games are challenging and stimulating even …
Reviewed Work: Escapism: The Logical Basis Of Ethics By P.H. Nowell-Smith And Lemmon, Layman E. Allen
Reviewed Work: Escapism: The Logical Basis Of Ethics By P.H. Nowell-Smith And Lemmon, Layman E. Allen
Reviews
Review of P.H. Nowell-Smith and E.J. Lemmon, Escapism: the logical basis of ethics; in Mind.
Reviewed Work: Escapism: The Logical Basis Of Ethics By A.N. Prior, Layman E. Allen
Reviewed Work: Escapism: The Logical Basis Of Ethics By A.N. Prior, Layman E. Allen
Reviews
Review of A.N. Prior, Escapism: the logical basis of ethics; in Essays in moral philosophy.
Reviewed Work: Obligation And Modal Logic, Layman E. Allen
Reviewed Work: Obligation And Modal Logic, Layman E. Allen
Reviews
Review of H.N. Castaneda, Obligation and modal logic, in Logique et analyse.
Book Reviews, Victor H. Lane, Horace Lafayette Wilgus, Edwin D. Dickinson
Book Reviews, Victor H. Lane, Horace Lafayette Wilgus, Edwin D. Dickinson
Michigan Law Review
The lawyer who, for the last two decades has kept abreast of the literature of the law, is appreciative of the fact that no branch of the old law has received such scientific and scholarly treatment, as has the law of evidence, and few of the more modern fields have been as thoroughly and intelligently cultivated. Led by Professor Thayer in that incomparable series of essays gathered under one title in his "Preliminary Treatise on Evidence at the Common Law," followed by Professor Wigmore with his edition of Greenleaf's first volume, and later by his great work "Evidence in Trials …
Book Reviews, Willard T. Barbour, Joseph H. Drake
Book Reviews, Willard T. Barbour, Joseph H. Drake
Michigan Law Review
Judge Story's work appeared at a critical period in Aterican legal history. The bitterness toward England which lingered after the Revolution, intensified by the unhappy war of 182, was no doubt responsible for the hostility toward and suspicion of that peculiarly English institution, the common law.' Evidence is not wanting that our courts were drifting away from the common law doctrines and becoming more -responsive to the appeals of civil law. There was thus furnished a condition favorable to the reception of Roman law through some French form such as the Code Napolion. English equity, in particular, stood in a …
Book Reviews, Henry M. Bates, Horace Lafayette Wilgus
Book Reviews, Henry M. Bates, Horace Lafayette Wilgus
Michigan Law Review
Dr. Freund's book was read by the reviewer in the summer of 1917, but a combination of circumstances, greatly regretted by him, has prevented the completion and publishing of the review then pa'rtially prepared. The justification for printing it now lies in the excellence of Dr. Freund's work and. in the vital importance of careful study by American lawyers of the too long neglected field of legislation as, with the War, apparently ended, the Nation enters upon a period of political and social reconstruction, which seems destined to be epochal. With the organized forces of the titanic struggle halted, and …
Note And Comment, James P. Hall, Henry M. Bates, Edgar N. Durfee, Willard T. Barbour, Ralph W. Aigler
Note And Comment, James P. Hall, Henry M. Bates, Edgar N. Durfee, Willard T. Barbour, Ralph W. Aigler
Michigan Law Review
The Law School - In common with all other law schools requiring college work for admission, this school has suffered a very heavy loss in attendance because of war conditions. This, however, is a matter for pride and not for discouragement for it means that our students have gone into the army or navy or other branches of the national service in very high ratio to their total number. And this is by no means due only to the effect of the Selective Service Act for from the very beginning our men have volunteered in great spirit and promptness. In …
Book Reviews, Joseph H. Drake, Victor H. Lane, Willard Barbour, Edwin C. Goddard, Robert E. Bunker
Book Reviews, Joseph H. Drake, Victor H. Lane, Willard Barbour, Edwin C. Goddard, Robert E. Bunker
Michigan Law Review
Science of Legal Method. Select Essays by Various Authors. Translation by Ernest Bruncken, Washington, D. C. and Layton B. Register of the University of Pennsylvania Law School. With Introductions by Henry N. Sheldon, Former justice of the Supreme Judicial Court of Massachusetts and by John W. Salmond, Solicitor General of New Zealand. Boston: The Boston Book Company, I917; pp. lxxxvi, 593.
Book Reviews, John R. Rood, John B. Waite, Joseph H. Drake, Henry F. Adams, Edson R. Sunderland, Robert T. Crane, A S. Whitney
Book Reviews, John R. Rood, John B. Waite, Joseph H. Drake, Henry F. Adams, Edson R. Sunderland, Robert T. Crane, A S. Whitney
Michigan Law Review
If there is a living American qualified to prepare material for the student of future interests probably law teachers would agree that Professor Kales is the man. He has written a book on Future Estates in Illinois which has made a distinct impression on the law of that state and is recognized elsewhere as a sound and scholarly treatise. He has taught the course on future interests and illegal restraints at Northwestern University Law School for many years, and last year gave the same course at Harvard.
Book Reviews, Willard Barbour, Horace L. Wilgus, Edwin C. Goddard, Robert T. Crane, Joseph H. Drake
Book Reviews, Willard Barbour, Horace L. Wilgus, Edwin C. Goddard, Robert T. Crane, Joseph H. Drake
Michigan Law Review
Science and Learning in France. With a Survey of Opportunities for American Students in French Universities. An Appreciation by American Scholars. The Society for American Fellowships in France, 1917; PP. xxxviii, 454.
Book Reviews, Edgar N. Durfee, Hessel E. Yntema, Floyd B. Streeter, Arthur Lyon Cross, Jospeh H. Drake, Horace Lafayette Wilgus
Book Reviews, Edgar N. Durfee, Hessel E. Yntema, Floyd B. Streeter, Arthur Lyon Cross, Jospeh H. Drake, Horace Lafayette Wilgus
Michigan Law Review
Cases on Quasi Contract, by Edward S. Thurston. American Case Book Series. St. Paul: West Publishing Co., I916; pp. 622.
Book Reviews, Edwin C. Goddard, Joseph H. Drake
Book Reviews, Edwin C. Goddard, Joseph H. Drake
Michigan Law Review
Book Review of Lemuel Shaw by Frederic Hathaway Chase, and The War and Humanity by James M. Beck.
Book Reviews, W B. Shaw, Horace Lafayette Wilgus, Robert E. Bunker, Willard T. Barbour, Evans Holbrook, Victor H. Lane
Book Reviews, W B. Shaw, Horace Lafayette Wilgus, Robert E. Bunker, Willard T. Barbour, Evans Holbrook, Victor H. Lane
Michigan Law Review
It was peculiarly fortunate for the cause of the American Revolution that the sympathies of the French people and the policies of the French foreign office which knew no diplomatic methods save those of secret diplomacy, were for once heartily in accord in support of the American revolutionists. Professor Corwin in this book deals entirely with the complicated and obscure political plots and counter-plots which eventually led France to espouse openly the cause of the revolting colonies. The whole question of the timely aid France gave to America has, of course, a very particular value at the present time when …
Book Reviews, Frank Egleston Robbins, Willard Barbour, Joseph H. Drake, Ralph W. Aigler, Edwin C. Goddard, Horace Lafayette Wilgus, John B. Waite, John R. Rood
Book Reviews, Frank Egleston Robbins, Willard Barbour, Joseph H. Drake, Ralph W. Aigler, Edwin C. Goddard, Horace Lafayette Wilgus, John B. Waite, John R. Rood
Michigan Law Review
Professor Husband's book deals with two problems, the date of the trial and crucifixion of Jesus, and the legal aspects of the proceedings against him. In both divisions of the subject his conclusions are novel and are supported by able argumentation.
Book Reviews, Edson R. Sunderland, Willard Barbour, Horace Lafayette Wilgus, Edgar N. Durfee, Edwin C. Goddard
Book Reviews, Edson R. Sunderland, Willard Barbour, Horace Lafayette Wilgus, Edgar N. Durfee, Edwin C. Goddard
Michigan Law Review
The Rule-Making Authority in the English Supreme Court, by Samuel Rosenbaum. Boston, The Boston Book Co., 1917, pp. xiv, 321. This volume is the fourth in the University of Pennsylvania Law School Series, and is the work of a fellow of that school during the years 1913-1915. In common with the other books of the series, its object is to aid the scientific study of legal problems and to help to improve the law. No subject, surely, is more worthy of presentation to American readers than this, and none is more full of important suggestions for the improvement of our …
Academic Life And The Great War, Henry M. Bates
Academic Life And The Great War, Henry M. Bates
Other Publications
The address of Dean Henry M. Bates on academic life and the war, delivered at the opening of the 1917-1918 University of Michigan Law School year, is the topic of this comment.
Judgment Against Shylock In The Merchant Of Venice, Thomas Niemeyer
Judgment Against Shylock In The Merchant Of Venice, Thomas Niemeyer
Michigan Law Review
This subject has already received the attention of jurists. In 1872 von Jhering in his famous lecture "The Struggle for Law"' criticised severely the established admiration of the speech of Portia. von Jhering attacked this speech with great vigour and indeed spoke of it as a miserable subterfuge - the rabulous trick of a pettifogger. He finds that through this speech a truly tragic lot befell Shylock; a fate brought about by the usurer's lawful struggle for his rights, and through which the law of Venice was transfigured.
Leading And Illustrative Cases: With Notes On The Law Of Judgments, Attachments, Garnishments And Executions, John R. Rood
Leading And Illustrative Cases: With Notes On The Law Of Judgments, Attachments, Garnishments And Executions, John R. Rood
Books
The prior edition being exhausted, this one became necessary. The scope of the book has been considerably changed by developing the law of jurisdiction and the estoppel by judgments. Room for this has been obtained by dropping some of the less important cases on other topics. In several instances a case has been displaced by another on the same point, because thought to cover the matter better.
The Liability Of Charitable Corporations For The Torts Of Their Servants, Harry B. Hutchins
The Liability Of Charitable Corporations For The Torts Of Their Servants, Harry B. Hutchins
Articles
The Liability of Charitable Corporations for the Torts of their Servants.--This question was discussed quite fully in the last number of the REVIEW, pp. 552-559, under the title Liability of Hospitals for the Negligence of their Physicians and Nurses, particular attention being given to the reasons underlying the doctrine that charitable corporations are not liable for the negligence of their servants, provided proper care has been exercised in their selection, and to the limitations within which that doctrine should be confined. It was concluded that the true reason for the doctrine is not to be found, as many cases apparently …
The Cy-Pres Doctrine, Harry B. Hutchins
The Cy-Pres Doctrine, Harry B. Hutchins
Articles
The CY-Pres Doctrine.-The court of chancery of New Jersey in the recent case of Brow et al. v. Condit et al. (Sept. 30, 1905), 61 Atl. Rep. 1055, refused to apply this doctrine under the following circumstances: The will of one Susan M. Corson, bearing date July 7, 1897, disposed of her residuary estate "to the Hospital Fund for Sick Seamen at Navy Yard, Brooklyn, New York, care of Mr. John M. Wood, chaplain." It appears that neither at the time of the making of the will nor at any time thereafter was there a fund in existence at or …
Cases On The Law Of Damages, Floyd R. Mechem
Cases On The Law Of Damages, Floyd R. Mechem
Books
The following selection of cases in the law of Damages has been made primarily for use in connection with the lectures upon that subject given in the Law Department of the University of Michigan. The purpose has been partly to supply illustrations of the application of principles referred to in the lectures, and partly to supplement the lectures by rounding out the view of certain fields not otherwise completely developed. Arbitrary, but inexorable, considerations of size and price have determined the scope of the selection; and, for reasons perhaps sufficiently obvious, preference has been given, when possible, to cases which …