Law Commons^™

Vol. 47, No. 5, November 25, 1996, University Of Michigan Law School

Res Gestae

•He's Back! •Kozinski Pleads: Don't Drop the Torah •Kamisar Pens Suicide "Note" •Post-Election Round-Up •RG Lineman of Fine Culture Jason Blankenship Tackles Teenage Wondercrooner Fiona Apple •B&B's Fun Page: B&B Explore the Miracles of Birth •How to Become President of a Large Midwestern University

Moral Discourse, Bioethics, And The Law, Carl E. Schneider

Articles

Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the civil …

Vol. 47, No. 3, October 7, 1996, University Of Michigan Law School

Res Gestae

•Federalist Society Sponsors Affirmative Action Debate •Journal Moratorium Ends •Jesse Jackson Gets Down With the Vote •Prof. Reed Begins 51st Year of Teaching •Computerization May End Enrollment Woes •Commentary: The Alcohol Policy •Blanks' Culture Corner •Hey, Third Year •B&B's BS Write Your Own Ding Letter

Copyright Law And Electronic Access To Information, Jessica D. Litman

Articles

At the same time as we have been discovering the Internet’s enormous potential to enhance access to information and revolutionize the ways libraries do business, the Internet’s high profile in popular media has made it the focus of a wide spectrum of fears about the future. This paper focuses on pending proposals to amend copyright law to enhance the control copyright owners wield over the appearance of their works on digital networks. These proposals would stifle libraries’ use of the Internet. Libraries and their supporters must participate in the copyright debate, and think creatively about new models for copyright. The …

Vol. 47, No. 2, September 23, 1996, University Of Michigan Law School

Res Gestae

•Decline in Percentage of Women in the Class of 1999 •Law School Again (and Again) Welcomes Visiting, Adjunct Faculty •International Law Workshop Begins •Course Evaluations in a Nutshell •Incompatible Hiring Criteria •Letters to the Editor •Commentary: Faculty Hiring •Blanks' Culture Corner •Four Years Out: Are We Having Fun Yet? •B&B's BS 1st Year Quiz

Vol. 47, No. 1, September 9, 1996, University Of Michigan Law School

Res Gestae

•Campbell Chapter of Phi Alpha Delta Wins International Awards •The New Career Services •An Insider's Guide to NYC •FYI Program •The Nature of Diversity •Reviewing the Selection Process •Blanks' Culture Corner •Hey, Third Year

Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue

Articles

The so-called liability insurance crisis of 1985 and 1986 transformed the way we think about tort law and about liability insurance markets. The crisis phenomena, which first appeared in late 1984 and lasted until mid-1986, consisted of enormous increases in liability insurance premiums and alarming reductions in the availability of certain types of liability coverage. In the two principal liability lines of insurance (Other Liability and Medical Malpractice), premiums increased by hundreds (in some cases thousands) of percentage points in a matter of months. At the same time, the availability of liability insurance contracted sharply. The liability policies that were …

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

Articles

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.

Notes From The Underground, University Of Michigan Law School

Newsletters

Volume 4, no. 3 of the University of Michigan Law Library Reference Department Newsletter.

Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway

Articles

Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection.

Vol. 46, No. 10, April 1, 1996, University Of Michigan Law School

Res Gestae

•Faculty Respond to Ad Hoc Proposals •An Interview with the Hon. Stephen Reinhardt •How to Get an Offer •Jason Frank •Dr. G's Tearful Farewell

Vol. 46, No. 9, March 18, 1996, University Of Michigan Law School

Res Gestae

•Community Reacts to Racial Vandalism •Michigan No. 7 in "U.S. News" Ranking •Jessup Team Heads to Internationals •Value Centered Management to Rein in More Dollars for the Law School •Fall Grade Curves •Commentary: Center for the Legal Equality of Women •Jason Frank Returns

Vol. 46, No. 8, February 19, 1996, University Of Michigan Law School

Res Gestae

•Headnotes Spread a Little Love •Want a Job? Forget Seattle. Try New York •RG Arts Page •Full Survey Detail •IM Sports: Matt Wilk Returns •Commentary: Debt Management

Vol. 46, No. 7, February 5, 1996, University Of Michigan Law School

Res Gestae

•Krieger to Head New Alumni Programs Office •Is This the Best Way to Run a Law School? •Jobhunting Tips •Hey, Third Year •Opinion: Women & the Law •Jason Frank: On Equality

Vol. 46, No. 6, January 22, 1996, University Of Michigan Law School

Res Gestae

•Captivation and Disgust •Grade Punks Injure 1L •Women's Rights Symposium Indeed International •Hey, Third Year •Jobhunting Survey •Jason Frank Pays Off His Loans

Arbitration: Back To The Future, Theodore J. St. Antoine

Other Publications

A strong new ideological current is sweeping through much of the Western World. At one extreme it manifests itself as a deep distrust of big government. In more modest form, it is a sense of skepticism or disillusionment about the capacity of big government to deal effectively with the problems confronting our society. In continental Europe today there is much talk of the principle of "subsidiarity," the notion that social and economic ills should be treated at the lowest level feasible, usually the level closest to the people directly affected. In the United States there is much talk of "privatization," …

Letters Of Credit: Highlights Of Revised Article 5, Edwin E. Smith, James J. White

Other Publications

1. Under what circumstances is it bad faith for an issuer to honor a letter of credit in the face of an applicant's offer of proof of fraud by the beneficiary? 2. What is the issuer's obligation where there is a waiver by the applicant that the issue chooses not to honor? 3. What are the rights of transferees of transferable letters of credit and assigness of proceeds?

Notes From The Underground, University Of Michigan Law School

Newsletters

Volume 4, no. 2 of the University of Michigan Law Library Reference Department Newsletter.

The Joseph And Edythe Jackier Rare Book Room: The Invention Of Printing And The Common Law Tradition, A. W. Brian Simpson

Law Library Publications

An account of the books included in the dedicatory exhibit at the Joseph and Edythe Jackier Rare Book Room, April 14 1996.

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 10, 1996 University of Michigan Law School Honors Convocation.

Takings From Freund To Fischel." Review Of Regulatory Taking: Law, Economics, And Politics, By W. A. Fischel, James E. Krier

Reviews

The regulatory takings problem is easy to describe but difficult to resolve. The government enacts restrictions on land use that reduce the market value of the targeted parcels by a considerable amount. The restrictions are couched in terms of the police power, but actually they might amount to a taking that requires compensation, not because any of the land has been wrested away (it hasn't), but because much of the value has. Through the police power the government gets to govern for free, whereas with takings it's pay as you go. On what does the distinction-police power or taking-depend?

Dicta, University Of Michigan Law School

Miscellaneous Law School History & Publications

We're back. For the second year in a row we have solicited, selected, and published the creative work of many talented members of the law school community. Again, we received more than we could publish. Again, the final result reflects the varying and often conflicting views of the editorial staff. All submissions were considered anonymously, so any overlap between the list of editors and the list of contributors is simply due to the fact that those interested in editing Dicta were also among those interested in contributing to it.

American Bar Association Section Of International Law And Practice Standing Committee On World Order Under Law Report To The House Of Delegates: International Monetary Fund And The World Bank Group, Michael A. Heller, H. Francis Shattuck Jr.

Articles

The International Monetary Fund (IMF) and the World Bank Group are the subjects of this report. The report, with its accompanying recommendation, is one of several reports on selected United Nations specialized agencies and the International Atomic Energy Agency. The report has been developed by the Section of International Law and Practice, International Institutions Committee, through its Working Group on UN Specialized Agencies. This is a contribution to the 50th Anniversary of the United Nations in fulfillment of the American Bar Association's Goal VIII-to advance the rule of law in the world. The accompanying recommendation addresses issues of an enhanced …

Review Of Authority: Construction And Corrosion, William I. Miller

Reviews

This is in many ways an engaging book, written in a refreshingly direct and unobfuscatory style. Its chief problem is living up to the rather grand expectations raised by the title, expectations that the author half-way through the enterprise admits he did not mean to evoke (p. 74). What the reader will find is less a systematic essay or sustained treatment of authority than several penetrating readings of intense conflicts dealing with a substantially narrower issue: controlling who gets to speak in public settings that are authority conferring - in councils, senates and law courts.

Fighting Words: Individuals, Communities, And Liberties Of Speech, Joseph Vining

Reviews

Words that do something can be fought with guns and silenced. Words that say something will be protected, and the guns will be turned on those who try to silence.

Assessing Evidence, Richard D. Friedman

Reviews

David A. Schum's Evidential Foundations of Probabilistic Reasoning, 2 C.G.G. Aitken's Statistics and the Evaluation of Evidence for Forensic Scientists,3 and Bernard Robertson and G.A. Vignaux's Interpreting Evidence: Evaluating Forensic Science in the Courtroom4 all have something to tell us about how to use and evaluate evidence. Although the books are addressed to different primary audiences5 and their authors come from a variety of disciplines and from distant points of the English-speaking world,6 all three help draw the connection between underlying theory and presentation in the courtroom. Though Schum uses numerous examples from litigation and discusses the legal literature of …

Charles Evans Hughes As International Lawyer, Richard D. Friedman

Book Chapters

In 1884, Charles Evans Hughes qualified as a member of the New York bar at age 22. After seven years of practice in New York City, in precarious health, he took a respite and became a law professor at Cornell. Two years later, his health restored, he returned to his metropolitan practice. He remained there in relative obscurity until he was 43, in 1905, when he was appointed counsel to a legislative committee investigating local utilities. A far more renowned investigative assignment for the Armstrong Insurance Commission soon followed that catapulted Hughes to national fame. In 1906 he received, unsought, …

Substance And Form In Scientific Evidence: What Daubert Didn't Do, Samuel R. Gross

Book Chapters

On its face, Daubert v. Merrell Dow Pharmaceuticals was about as easy a case as the Supreme Court gets. The plaintiffs claimed that their birth defects were caused by the anti-nausea drug Bendectin, which their mothers had used during their gestation. In response to a motion for summary judgment by the defendant, the plaintiffs presented affidavits of eight expert witnesses who offered their opinions - based on a variety of studies - that Bendectin was indeed the culprit. The federal district court that heard the motion granted summary judgment to the defendant, and the Ninth Circuit affirmed. Both lower courts …

Gas Sale Contracts Under The Uniform Commercial Code, James J. White

Book Chapters

In the last decade, many oil and gas lawyers have learned more than they wish to know about the Uniform Commercial Code (U.C.C.). Like it or not, Article 2 of the U.C.C. governs most contracts for the sale of natural gas. Section 2-107(1) draws a distinct line between leases, deeds, and other conveyances of minerals in place, on the one hand, and the sale of the minerals by the miner or producer after the minerals have been severed, on the other. The consequence of this rule is that Article 2 has little or nothing to say about the sale of …

The Law And The Stability Of Marriage: The Family As A Social Institution, Carl E. Schneider

Book Chapters

Samuel Johnson once wrote, "It is so far from being natural for a man and woman to live in a state of marriage that we find all the motives which they have for remaining in that connection, and the restraints which civilized society imposes to prevent separation, are hardly sufficient to keep them together." In this chapter I shall pursue Dr. Johnson's provocative suggestion by asking what restraints (if any) society might impose through law on couples to join them in marriage in the first place and to keep them in it after they have married.

But why might society …