Law Commons^™

Religious Convictions And Lawmaking, Kent Greenawalt

Michigan Law Review

In Part I, I introduce the subject of liberal democracy, rationality, and religion. I explain briefly why this subject merits our attention. I then indicate variant positions about it and my own summary conclusions. I develop a partial model of our liberal democracy from which the issue can be addressed in context. I next consider two kinds of concrete social issues, consenting sexual acts among adults and the protection of animals and the natural environment. During this treatment I indicate more fully how religious convictions affect judgments about desirable laws, and I analyze the claim that good citizens should not …

James A. Martin, Paul D. Carrington

Michigan Law Review

A tribute to James A, Martin

James A. Martin, Ronald Dekoven

Michigan Law Review

A tribute to James A, Martin

James Martin: Friend And Co-Author, David G. Epstein

Michigan Law Review

A tribute to James A, Martin

Moral Discourse And Family Law, Lee E. Teitelbaum

Michigan Law Review

It seems appropriate in the early stages of an experiment in legal publishing to say something about it, if only because few forms have been as resistant to innovation as the law review. The creation of a section for correspondence regarding recent articles provides a medium for conducting just the national discourse which scholarship aspires to provoke and which does occur in private conversations or letters and, occasionally, in panels at professional meetings. To talk in print about a colleague's work - to praise it, qualify it, pursue suggested or alternate lines of thought - is not only an enjoyable …

Sex Discrimination In Newscasting, Leslie S. Gielow

Michigan Law Review

This Note argues that the current judicial deference to viewer surveys used by television stations in newscasting employment decisions is unwarranted. Part I explores how different treatment of women newscasters constitutes sex-plus discrimination. Part II demonstrates that viewer surveys almost always reflect sexual stereotypes that are impermissible under title VII, and argues that such surveys should be presumptively inadmissible as evidence to rebut a claim of sex discrimination. Indeed, mere use of these surveys may in and of itself establish a prima facie case of sex discrimination.

Part III contends that sex discrimination in the news industry resulting from the …

James A. Martin, Evan A. Davis

Michigan Law Review

A tribute to James A, Martin

Cameras In The Courtroom: Guidelines For State Criminal Trials, Nancy T. Gardner

Michigan Law Review

This Note analyzes the conflicting interests involved in televising state criminal trials and proposes a model set of guidelines for consideration by states that decide to permit electronic media in their courtrooms. The Note favors restrictions on broadcasters once in the courtroom and advocates that the defendant's right to a fair trial receive more scrupulous protection than the broadcast media's interest in attendance and the public's "right to know." Part I presents the constitutional principles with which any set of guidelines must comply. Part II analyzes the policy considerations that should guide the formulation of state guidelines, and concludes that …

Privity Revisited: Tort Recovery By A Commercial Buyer For A Defective Product's Self-Inflicted Damage, Mark A. Kaprelian

Michigan Law Review

This Note argues that if a seller and a commercial buyer are in privity, damage to a product resulting from its own defect should not be recoverable by a commercial buyer in a tort action. Part I shows how the conflict arises and examines the judicial boundaries that are normally drawn between tort and warranty liability. Part II contrasts the rationales for the warranty and tort remedies, with particular emphasis on the Uniform Commercial Code and Section 402A of the Restatement (Second) of Torts. Part III argues that if a seller and a commercial buyer are in privity and …

Vol. 34, No. 11, November 20, 1985, University Of Michigan Law School

Res Gestae

•Food Drive Competition Kicks Off •Rivlin Advocates Aggressive Moderatism •Senate Proposes to Form Outline Bank •Blind Leading The Blind •Comparable Worth Hurts Women •Economist Suggests That the Center Makes Sense •Reviewer Grooves on Jagged Edge •Animals Cavort In Socratic Fractured Fairy Tale •Law in the Raw

Vol. 34, No. 10, November 13, 1985, University Of Michigan Law School

Res Gestae

•Firms Answer Summer Associate Survey •Visitors Blend Law & Marriage •Alternative Careers Pursued By Law Students •Senate Joins Food Drive •Examining Exams •America Should Abandon NATO •American Bar Association Wants New Law Student Participants •Nafranowicz Writes of Nefarious Nectar •Vandalism Strikes •Condemning Attack on Society Barrister-Senator Writes Letter •Brumm Sums Up TV's Equalizer •Crossword •Blue Water, Pink Death: Rogue Salmon •Grease Graces Krazy Jim's Hamburger Stand •Dudley, Stevens and What The Bird Saw •Law in the Raw

Vol. 34, No. 9, November 6, 1985, University Of Michigan Law School

Res Gestae

•Students Conduct Boycotts •Law Prof Advocates Hand Gun Ordinance •Oral Arguments to Start Today •Senators Consider Sanctions On Barristers for Initiation •Just the Facts, Please •Courts Should Not Ban Handguns •Don't Liquidate the Barristers •Audio-Visual Legal Stimulation To Inspire Studying •Crossword •Law In the Raw

The Formulaic Constitution, Robert F. Nagel

Michigan Law Review

This essay explores the ways in which the formulaic style is different from other, older forms of constitutional doctrine. It argues that the modern style affects the content that the Court finds in the Constitution and that it illuminates the current interpretive functions of the judiciary. Perhaps most importantly, the formulaic style establishes an identifiable relationship between the Court and the public and thus constrains how the Court's version of the Constitution bears upon the larger political culture.

An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth

Michigan Law Review

This Note attempts to resolve the arguments presented in the literature and the case law and determine whether the federal Constitution mandates a right to treatment for involuntarily incarcerated juveniles. Part I examines the varied situations that have given rise to right to treatment claims. Part II elucidates the three principal theories on which right to treatment claims have been based: (1) that because the purpose of incarcerating juveniles is to promote their welfare, rehabilitation is mandated by the due process requirement that the nature of the commitment "bear some reasonable relation to the purpose for which the individual is …

Abuse In Plaintiff Class Action Settlements: The Need For A Guardian During Pretrial Settlement Negotiations, Sylvia R. Lazos

Michigan Law Review

This Note explores the problem of abuse of the class action device during the pretrial settlement process. Part I analyzes the underlying sources of potential abuse in pretrial settlement negotiations. Part II assesses the adequacy of the standards currently used by courts to detect collusive class action settlements. Part III concludes that the appointment of a neutral third-party guardian to oversee the pretrial negotiation process furthers the judicial policy of encouraging settlements while protecting the interests of the absentee class.

Antitrust Policy After Chicago, Herbert Hovenkamp

Michigan Law Review

This article begins with the premise that nothing - not even an intellectual structure as imposing as the Chicago School - lasts forever. In fact, a certain amount of stagnation is already apparent. Most of the creative intellectual work of the Chicago School has already been done - done very well, to be sure. The new work too often reveals the signs of excessive self-acceptance, particularly of quiet acquiescence in premises that ought to be controversial.

Today the cutting edge of antitrust scholarship is coming, not from protagonists of the Chicago School, but rather from its critics. The critics began …

Vol. 34, No. 8, October 30, 1985, University Of Michigan Law School

Res Gestae

•Experimental Section Blazes New Paths •Speakers Blast Sexist Discrimination •Politicians Debate Malpractice, Tort Revolt •Boycott Firms with S. Africa Ties •Applause For Moot Court Changes •Barristers Should Dissolve After Poisoning •Gunther Fan Mail •Big Apple Comedy Gets Dark Afterhours •John Mortimer 's Rumpole Passes American Bar •Crossword •The Paper Chase II: Hart Strikes Back •Law in the Raw

Vol. 34, No. 7, October 23, 1985, University Of Michigan Law School

Res Gestae

•Professor Basks in Media Limelight •Student Discovers Asbestos In Study Lounge •Barrister Initiation Sends Student to Hospital: Group Contemplates Reforms •For All You Do •Meese Runs Roughshod Over the Presumption of Innocence •Contribute To Family Law Project •More Speech Is Not Always Better •Peace Demonstrators Should Shout Down George Bush •Notices •U-M Honors Vining And J.B. White •Senate Mulls Committees •Soul Dogs Score Two Championship Titles •Law School Linksters Soaked •First Year Battles Mind-Warping Texts •Streep Shines, Sting's Fine In Plenty •Crossword •Point: Send The Squirrels Packing •Counterpoint: Squirrels Are Cute •Law in the Raw

Vol. 34, No. 6, October 16, 1985, University Of Michigan Law School

Res Gestae

•Other Law Reviews' Policies Different •Pendleton Sparks Law Student Outrage •Rex Lee Describes Solicitor General's Office •Respect Speech •Evangelist Pat Robertson Seeks A New Role in Party Politics •Organizations' Unique Role Is Worth More Than a Few Drinks •Henneman Attack on Political Mothers Misogynistic •Politicians' Wives Should Lobby •Figures Don't Lie, But Liars Figure •Don't Drink Up Money •Essay on MADD Typical RG Sexism •Law School Senate Looks At Vending Machine Flaws •Notices •Angst Of God: Jane's Fear Of Flying •Crossword •Law in the Raw

Vol. 34, No. 5, October 9, 1985, University Of Michigan Law School

Res Gestae

•Ehrlichman Urges Help for Convicts •Res Gestae Roving Reporter Gets Pub Reactions •Senate Passes Office Space Resolution •Do Not Hide Behind Canons to Avoid Social Responsibility •ELS Blasts RG For Story Inaccuracies •Pernick Wants New Transcript Policy •Social Committee Will Begin Carding •Political Mothers Threaten Freedoms •Basement Groups Profit at Partygoers' Expense •Notices •Prohibition Of Alcohol Advertisements Considered •Law School Fellowships Awarded To Alternative Disciplines •Yuppies Are Quickly Losing Favor •Are You A Law Student? •Crossword •Fashion Plate Wendlandt Gives Tips •Law in the Raw

Vol. 34, No. 4, October 2, 1985, University Of Michigan Law School

Res Gestae

•New Groups Add Diversity •Review Editor Arrested At Purcell Protest •LSSS: Boycott S. Africa Firms •ELS Discovers Hornbook Project Debt •If You Have a Beef, Write Us a Letter •Keep Those Ideals •There Are Many Gay and Exciting Cities •lglitzin Explains C. America Sit-in •Notices •Senate Elections •Groups For Every Bent •Super Creep Pee Wee Winning In Weird Flick •Sub-merged In Post-Nuclear World •Law in the Raw

Erisa-The First Decade: Was The Legislation Consistent With Other National Goals?, Alicia H. Munnell

University of Michigan Journal of Law Reform

Although ERISA explicitly sanctioned defined contribution plans as a legitimate form of retirement saving, this Article focuses almost exclusively on defined benefit plans. ERISA aimed at changing the basic provisions of defined benefit plans, not at modifying the nature of defined contribution plans. Therefore, although a study of the consistency of pension plan provisions with national economic goals would necessarily include an analysis of both defined benefit and defined contribution plans, a study of the impact of ERISA seems appropriately limited to defined benefit plans.

Introduction, Theodore J. St. Antoine

University of Michigan Journal of Law Reform

Introduction to the 1985 Journal of Law Reform symposium, The Employee Retirement Income Security Act of 1974: ERISA.

Erisa Enforcement: Mandate For A Single Agency, Beverly M. Klimkowsky, Ian D. Lanoff

University of Michigan Journal of Law Reform

In Part I, this Article reviews the aspects of pensions that justify the attention of Congress during consideration of budgets and the federal deficit. Part II documents the initial administrative problems created by the congressional compromise that divided administrative responsibility between the Department of Labor and the Internal Revenue Service. Although Reorganization Plan No. 4 solved some of the initial problems, the remaining problems are not amenable to resolution within a system of responsibility divided between separate agencies. The specific problems associated with enforcement are discussed in Part III, which identifies the total failure of enforcement as a major threat …

A National Retirement Income Policy: Problems And Policy Options, Phyllis C. Borzi

University of Michigan Journal of Law Reform

This Article examines the need for a national retirement income policy, identifies the major components of such a policy, and briefly discusses some of the policy options for private pension plans. This Article is an overview of several critical policy areas. It is not an exhaustive policy analysis, nor does it provide a definitive series of options for achievement of a particular policy. Its focus will be on the private pension system, rather than on federally provided benefits such as social security or Medicare, or employer-provided pensions for state, local, or federal employees. The issues discussed are a starting point …

Women's Pension Reform: Congress Inches Toward Equity, Anne Moss

University of Michigan Journal of Law Reform

In the workplace and in the home, women suffer economic injustices. The inequities of our private and governmental pension systems compound their financial problems, leading to inadequate retirement income for many older women. For example, only ten percent of women age sixty-five and over received private pensions or annuities in 1982, as compared to twenty-nine percent of men age sixty-five and over. Women receiving pensions likewise get much less than men, averaging $1,520 in 1982. The average for men in 1982 was $2,980.

Gradually, policymakers are recognizing the shortcomings of pension systems. In the past few years, federal legislation has …

Erisa Preemption: Judicial Flexibility And Statutory Rigidity, Leon E. Irish, Harrison J. Cohen

University of Michigan Journal of Law Reform

This Article attempts to describe the ways in which, and the reasons why section 514(a) has caused the courts and Congress so much difficulty. Part I reviews the legislative history of section 514(a), with emphasis on the ambivalence Congress has shown toward its 1974 draftsmanship. Part II attempts to provide a coherent description of the case law that has developed under section 514(a). Part III completes the legislative history by examining the two instances in which experience compelled Congress to revise section 514. Finally, Part IV discusses examples of problems courts have faced when crafting a federal common law of …

Erisa: To Sue Or Not To Sue-A Question Of Statutory Standing, Constance L. Bauer

University of Michigan Journal of Law Reform

This Note examines the conflicting authority regarding the scope of section 502(a) of ERISA. There is a fundamental split among the United States Courts of Appeals concerning whether parties not specifically enumerated in section 502(a) have standing to bring civil actions to enforce ERISA's provisions. The Ninth Circuit has held consistently that non-enumerated parties are entitled to sue under ERISA. The Second Circuit, however, repeatedly has held that parties not explicitly specified in section 502(a). do not have standing to bring an action under the Act. This Note addresses the question of whether employers and pension funds, as non-enumerated parties, …

Pension Plan Terminations And Asset Reversions: Accommodating The Interests Of Employers And Employees, Carl A. Butler

University of Michigan Journal of Law Reform

This Note focuses on the problems that often arise for plan participants when an overfunded defined benefit plan is terminated and the employer recaptures excess assets. Part I explains the relative ease with which employers can terminate plans and receive excess assets under current pension law. Part II argues that pension law must be reformed because its shortcomings threaten American workers' retirement income security, it allows for sham terminations that remove assets from plans that are, in fact, ongoing, and it usually allows excess assets to go to employers rather than employees. Part III discusses two reforms proposed for plan …

Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck

University of Michigan Journal of Law Reform

Part I of this Note explains the history of the law's response to Bad Samaritanism. Part II discusses the benefits of enacting a duty to notify. Part III responds to various objections that might be raised against the duty to notify. And Part IV offers a model statute for legislatures to follow in enacting the duty to notify.