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1993

Discipline
Institution
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Articles 151 - 169 of 169

Full-Text Articles in Law

Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld Jan 1993

Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld

Articles

No abstract provided.


Judaism And Postmodernism, Suzanne Last Stone Jan 1993

Judaism And Postmodernism, Suzanne Last Stone

Articles

No abstract provided.


Purchase Money Under The Uniform Commercial Code, David G. Carlson Jan 1993

Purchase Money Under The Uniform Commercial Code, David G. Carlson

Articles

No abstract provided.


The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam Jan 1993

The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam

Articles

No abstract provided.


The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam Jan 1993

The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam

Articles

No abstract provided.


Imposing Unified Executive Branch Statutory Interpretation, Michael Herz Jan 1993

Imposing Unified Executive Branch Statutory Interpretation, Michael Herz

Articles

No abstract provided.


Moral Debate And Semantic Sleight Of Hand, J. David Bleich Jan 1993

Moral Debate And Semantic Sleight Of Hand, J. David Bleich

Articles

No abstract provided.


Eleonora V. Eckert, Christina B. Whitman Jan 1993

Eleonora V. Eckert, Christina B. Whitman

Articles

One day, relatively early in my term as Editor-in-Chief of the Michigan Law Review, Ele Eckert came to me with a draft of a student note that had been given to our secretary for typing. The secretary had turned to Ele in despair. Page after page of yellow legal paper had been filled with minuscule pencil scratches and then elaborately decorated with even more minuscule additions and emendations. Red lines and blue lines and green lines, overlapping each other and occasionally blurring together, wove in and out among the pencil scratches. I asked the editor who had produced this colorful, …


Letter To Judge Harry Edwards, James J. White Jan 1993

Letter To Judge Harry Edwards, James J. White

Articles

Dear Harry: I write to second your statements concerning the disjunction between legal education and the legal profession and also to quibble with you. By examining the faculty, the curriculum, and the research agenda at Michigan, your school and mine, I hope to illustrate the ways in which you are right and to suggest other ways in which you and your clerk informants may be too pessimistic.


Thomas G. S. Christensen, Theodore J. St. Antoine Jan 1993

Thomas G. S. Christensen, Theodore J. St. Antoine

Articles

Exactly twenty years ago, I had the privilege of introducing Tom Christensen at the annual meeting of the ABA's Labor Relations Law Section. I had not known Tom well for any length of time (I still feel hesitant about calling him "Chris"), but we shared similar backgrounds, and there had been and would continue to be numerous intersections in our careers. We both were kids from the hinterlands (Tom from Iowa, and I from Vermont) who had succumbed to the bright lights of the east coast. Tom had also published my very first article as a rookie law teacher.


Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel Jan 1993

Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel

Articles

Starting in 1969,1 we have had the honor and pleasure of co-authoring a goodly number of casebooks, texts, treatises, pocket parts, and annual supplements (more than twenty) with Wayne LaFave.2 On each occasion we have been impressed by the quality of his mind and the judiciousness of his temperament, and impressed as well (and sometimes amazed) by his speed and efficiency.


Revising Article 9 To Reduce Wasteful Litigation, James J. White Jan 1993

Revising Article 9 To Reduce Wasteful Litigation, James J. White

Articles

For reasons that are unclear to me, the committees reviewing the articles of the Uniform Commercial Code and drafting revisions are congenitally conservative. Perhaps these committees take their charge too seriously, namely, to revise, not to revolutionize. Perhaps their intimate knowledge of the subject matter exaggerates the importance of each section and consequently magnifies the apparent size of every change. In any case, my own experience with two such committees tells me that the members quickly become focused on revisions and amendments that any outsider would describe as modest. To the extent that the revision of any of the articles …


Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow Jan 1993

Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow

Articles

Professor Sager begins his very interesting paper by identifying what he considers a puzzling phenomenon: the Constitution, as interpreted by courts, is not coextensive with "political justice." "This moral shortfall," as he refers to it, represents not merely a failure of achievement, but a failure of aspiration: as customarily interpreted, the Constitution does not even address the full range of issues that are the subject of political justice. Sager regards that failure as surprising-so surprising that, in his words, it "begs for explanation."'


Employment-At-Will—Is The Model Act The Answer?, Theodore J. St. Antoine Jan 1993

Employment-At-Will—Is The Model Act The Answer?, Theodore J. St. Antoine

Articles

Over the last quarter century, the most significant development in the field of labor and employment law has been a nationwide movement toward a revision of the at-will employment doctrine. Courts in over forty-five jurisdictions have used one or more of three main theories to carve out exceptions to the previously allpervasive principle. Unfortunately, though one can applaud the values embodied in these decisions, there are serious deficiencies in the common law modifications. The purpose of this Article is to outline those defects and to demonstrate that the interests of employees and employers alike would be better served by new …


The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross Jan 1993

The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross

Articles

On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …


The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary Jan 1993

The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary

Articles

Federal appellate court records and briefs are significant to researchers in many disciplines, but academic law libraries are discarding them. Ms. Leary chronicles the demise of paper holdings in law libraries, the rise of microforms, and the contents and usage of the National Archives and Records Administration's files. She then derives principles for preservation strategies that may apply to other categories of legal material.


The Law And Arbitration: The Model Employment Termination Act, Theodore J. St. Antoine Jan 1993

The Law And Arbitration: The Model Employment Termination Act, Theodore J. St. Antoine

Articles

The Model Employment Termination Act(META), which the Uniform Law Commissioners have recommended for adoption by all state legislatures, could provide the most significant legal change of this quarter century in the American workplace. In addition, if the annual case load of grievance arbitrations in this country now stands at somewhere around 65,000, the Act holds the potential for at least quadrupling that figure. Our colleague Jack Stieber has calculated that there are 60 million U.S. employees who are not protected by union contracts or civil service laws, and are thus subject to the employment-at-will doctrine. They can be fired for …


State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia Jan 1993

State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia

Articles

While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …


Defining "Disability": The Approach To Follow, Theodore J. St. Antoine Jan 1993

Defining "Disability": The Approach To Follow, Theodore J. St. Antoine

Articles

The definition of "disability" has once again become a central issue in workers' compensation law. I am partly responsible. A decade ago I served as the Governor's Special Counselor on Workers' Compensation. In my Reportto the Cabinet Council on Jobs and Economic Development, I stated: "If I could write on a clean slate, I would prefer to see the Michigan definition brought even closer into the mainstream of American law by declaring that 'disability' means a 'limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work …