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Articles 91 - 120 of 164
Full-Text Articles in Law
Reconstructing Atticus Finch? A Response To Professor Lubet, Ann Althouse
Reconstructing Atticus Finch? A Response To Professor Lubet, Ann Althouse
Michigan Law Review
In one of her childishly obtuse moments, Scout, the narrator of Harper Lee's To Kill a Mockingbird, denies that her father Atticus Finch is any sort of proper example of how a lawyer ought to act when cross-examining a witness. The prosecutor's crossexamination of the accused Tom Robinson has moved her friend Dill to tears: "I couldn't stand . . . [t]hat old Mr. Gilmer doin' him thataway, talking so hateful to him _" Scout, who has taken her friend out of the courtroom, explains: "Dill, that's his job . . . . He's supposed to act that way." Atticus, …
Moral Icons: A Comment On Steven Lubet's Reconstructing Atticus Finch, William H. Simon
Moral Icons: A Comment On Steven Lubet's Reconstructing Atticus Finch, William H. Simon
Michigan Law Review
Atticus Finch's conduct would have been justified by the bar's conventional norms even if he had known Tom Robinson to be guilty. That fact, however, is not the source of the admiration for him that To Kill a Mockingbird has induced in so many readers. That admiration depends on the clear premise of the novel that Finch plausibly believes that Tom Robinson is innocent. Thus, the bar's invocation of Finch as a sympathetic illustration of its norms is misleading. The ethics of the novel are quite different from those of the bar. Steven Lubet does a good job of showing …
Atticus Finch, In Context, Randolph N. Stone
Atticus Finch, In Context, Randolph N. Stone
Michigan Law Review
One summer night in 1955, Emmett Till, a fourteen-year-old Chicago boy visiting relatives in Mississippi, was abducted by two white men, beaten, and shot; his body was tied to a fan from a cotton gin and thrown in a river. Emmett's "crime": being black and allegedly whistling at a white woman. Through the early 1970s, hundreds of black men had been "legally" executed after being convicted, usually by all white juries or white judges, of sexually assaulting white women; hundreds more were lynched and otherwise extrajudicially executed. This is the historical context of white supremacy essentially ignored by Professor Lubet …
Reply To Comments On Reconstructing Atticus Finch, Steven Lubet
Reply To Comments On Reconstructing Atticus Finch, Steven Lubet
Michigan Law Review
Reconstructing Atticus Finch was intended to be provocative, so I am not surprised at the strength of the responses. Neither should I be surprised by the continuing reverence engendered by the fictional Atticus Finch; as I pointed out in my original essay, he is our moral archetype. Indeed, it was the accepted nobility of the character that made my question worth asking in the first place. What if Mayella had been attacked by Tom Robinson? Would Atticus still be a hero? To ask that question about a lesser figure would inevitably invite stock responses. Champions of the adversary system would …
These Are The People In Your Neighborhood, Elliot Regenstein
These Are The People In Your Neighborhood, Elliot Regenstein
Michigan Law Review
The 1997 St. Louis Rams media guide contains a glowing description of the team's star rookie from the prior season. The guide highlights his brilliant college career, describes his solid first professional season, and mentions that he grew up in Los Angeles. In a gray box above his football statistics, it notes that he frequently visits the Emergency Children's Home (ECHO) for troubled youth, where he talks to kids and plays basketball with them. The description would all look pretty normal if it wasn't a portrait of Lawrence Phillips. Almost every other sporting publication has written of Phillips not as …
The Rise Of America's Two National Pastimes: Baseball And The Law, Cleta Deatherage Mitchell
The Rise Of America's Two National Pastimes: Baseball And The Law, Cleta Deatherage Mitchell
Michigan Law Review
Mark McGwire's seventieth home run ball sold at auction in January of this year for $3,005,000. In late 1998, Baltimore Orioles owner Peter Angelos sued a former Orioles manager and his daughter in the circuit court of Cook County, Illinois. Angelos alleged that the original lineup card from the 1995 game when Cal Ripken, Jr., broke Lou Gehrig's consecutive game record belongs to the Orioles, not to the former manager and certainly not to his daughter. There may be no crying in baseball, but there is money. And wherever earthly treasure gathers two or more, a legal system arises. From …
To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel
To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel
Michigan Journal of Race and Law
In this Note, the Author uses science fiction novelist Robert Heinlein's model of citizenship as an analytical framework for examining the historical treatment of Filipino veterans of World War II. The Author Heinlein's conception of citizenship in Starship Troopers was one in which a person can acquire citizenship only through a term of service in the state's armed forces. Similarly, the United States provided immediate eligibility for citizenship to World War II era foreign veterans, but it effectively excluded Filipino veterans from this benefit. The Author examines how the plenary power doctrine in immigration law, has quashed legal challenges by …
Profits In Cyberspace: Should Newspaper And Magazine Publishers Pay Freelance Writers For Digital Content?, Rod Dixon Esq.
Profits In Cyberspace: Should Newspaper And Magazine Publishers Pay Freelance Writers For Digital Content?, Rod Dixon Esq.
Michigan Telecommunications & Technology Law Review
It is remarkable how fast recent trends have driven an increasing number of publishers of magazines, newspapers, and other similar works to port the print version of their works to digital and electronic format in the form of online computer databases and multimedia CDROM technologies. Online computer databases and CD-ROM media can be exceptionally profitable ventures for publishers who convert a preexisting print work into a digital product. However, publishers' profits from digital media may be impaired if there is a question as to whether the publisher has satisfactorily secured the copyright to the material making up the digital media. …
Law, Literature, And Contract: An Essay In Realism, Blake D. Morant
Law, Literature, And Contract: An Essay In Realism, Blake D. Morant
Michigan Journal of Race and Law
In this Essay, the Author examines contract doctrine's weaknesses as applied to issues of race and gender. By contrasting the doctrinal silence concerning these issues with facts and circumstances that may have influenced the results in specific cases, the Author challenges classical contract theory's assertion of objectivity and its associated assumption of bargaining equality as an integral component of each contract. The Author then uses literature as an illustrative tool to highlight contract law's failings in contexts where bargaining disparities related to race and gender issues are present. This approach is not meant to eliminate contract rules but rather to …
Clint Eastwood And Equity: Popular Culture's Theory Of Revenge, William I. Miller
Clint Eastwood And Equity: Popular Culture's Theory Of Revenge, William I. Miller
Book Chapters
Revenge is not a publicly admissible motive for individual action. Church, state, and reason all line up against it. Officially revenge is thus sinful to the theologian, illegal to the prince, and irrational to the economist (it defies the rule of sunk costs). Order and peace depend upon its extirpation; salvation and rational political and economic arrangements on its denial. The official antivengeance discourse has a long history even preceding the Stoics, taken up and elaborated by medieval churchmen and later by the architects of state building.
Notes From The Editorial Advisory Board, James Boyd White
Notes From The Editorial Advisory Board, James Boyd White
Articles
The tenth anniversary of this Journal is an occasion not only for celebrating its remarkable achievements, but also for thinking again about the nature and premises of the work it reflects. One way to begin might be with its two central terms, "law" and "humanities" (or the obvious alternative to the second, "literature").
When It’S Ok To Sell The Monet: A Trustee-Fiduciary-Duty Framework For Analyzing The Deaccessioning Of Art To Meet Museum Operating Expenses, Jennifer L. White
When It’S Ok To Sell The Monet: A Trustee-Fiduciary-Duty Framework For Analyzing The Deaccessioning Of Art To Meet Museum Operating Expenses, Jennifer L. White
Michigan Law Review
Contrary to the view adopted by current codes of ethics, this Note argues that courts should approve a museum director's use of proceeds from the sale of deaccessioned art to meet operating expenses if the director's conduct comports with the duties of trustees under the law of trusts. Part I explores possible organizational structures for museums, including the charitable trust and the nonprofit corporation. Part I also compares the fiduciary duties of museum managers under trust and corporate law. Part II argues that courts should apply trust-law principles both to trustees of charitable trusts and directors of charitable corporations26 because …
Review Of Authority: Construction And Corrosion, William I. Miller
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.
The Social Construction Of Identity In Criminal Cases: Cinema Verité And The Pedagogy Of Vincent Chin, Paula C. Johnson
The Social Construction Of Identity In Criminal Cases: Cinema Verité And The Pedagogy Of Vincent Chin, Paula C. Johnson
Michigan Journal of Race and Law
This article will discuss the use of the film, Who Killed Vincent Chin?, as a method: (1) to analyze the relationship of social constructions of identity, particularly race, on the rules and discretionary application of criminal jurisprudence; (2) to provide an interactive pedagogical tool for law teachers, especially criminal law teachers, to examine the social contexts of criminal jurisprudence from multiple perspectives; and (3) to examine the ability of criminal law doctrine to address issues of race.
A Conversation Between Milner Ball And James Boyd White, Milner S. Ball, James Boyd White
A Conversation Between Milner Ball And James Boyd White, Milner S. Ball, James Boyd White
Other Publications
The editors of the Journal invited me to review James Boyd White's Acts of Hope. In response I proposed inviting Professor White to join me in a conversation about his work. First the editors and then he accepted the proposal. Professor White and I agreed that we might call a halt to this experiment at any time because we would not subvert our friendship in the attempt to enact an instance of it in print. The editors accepted the risk that we might at last have no pages for them. - MSB
The Trouble With Hairdressers, Donald J. Herzog
The Trouble With Hairdressers, Donald J. Herzog
Articles
Why should hairdressers, of all unlikely candidates, have come to exemplify equality, to be a cultural obsession of sort? Suffice it to say that hairdressers happened to occupy a social position that made it possible to demonize them.
Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros
Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros
Michigan Law Review
A Review of Disclosure by Michael Crichton, and Bearing Witness: Sexual Harassment and Beyond—Everywoman's Story by Celia Morris
The Last Butskellite, John D. Ayer
The Last Butskellite, John D. Ayer
Michigan Law Review
A Review of Acts of Hope: Creating Authority in Literature, Law, and Politics by James B. White
Kill All The Lawyers?: Shakespeare's Legal Appeal, Kevin T. Traskos
Kill All The Lawyers?: Shakespeare's Legal Appeal, Kevin T. Traskos
Michigan Law Review
A Review of Kill All the Lawyers?: Shakespeare's Legal Appeal by Daniel J. Kornstein
The Agincourt Campaign And The Law Of War, A. W.B. Simpson
The Agincourt Campaign And The Law Of War, A. W.B. Simpson
Michigan Journal of International Law
Review of Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages by Theodor Meron
Still Photographs In The Flow Of Time, Richard D. Friedman
Still Photographs In The Flow Of Time, Richard D. Friedman
Reviews
Rarely is an image of the actual moment of death captured and preserved. When it is, as in the famous photographs of President John F Kennedy's assassination or of the summary execution of a Viet Cong officer by a South Vietnamese police chief,4 it is haunting. Even photographs of the moment before sudden death have great power-whether death is totally unexpected (as in a photograph of Luis Donaldo Colosio campaigning for the presidency of Mexico just before his assassination'), planned (as in a photograph of a man bound in an electric chair awaiting execution6 ), or in doubt and anticipated …
Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine
Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine
Michigan Journal of International Law
This note undertakes to examine authors' moral rights in non-European countries. Section I will provide a brief comparative description of moral rights. Section II will discuss the treatment of moral rights in the Berne convention and the TRIPS agreement. Section III will then examine moral rights law in India and Israel, and two important cases from these nations, Mannu Bhandari v. Kala Vikas Pictures from India, and Qimron v. Shanks, from Israel. Mannu Bhandari deals with an author's moral right in the film adaptation of her work, Qimron with the moral rights of a scholar in the reconstruction of one …
Deep Inner Lives, Individualism And People Of Honour, William I. Miller
Deep Inner Lives, Individualism And People Of Honour, William I. Miller
Articles
With the exception of St Augustine and perhaps Abelard, often praised as modern before their time, it is not unusual to find it maintained that the individual was not available in any serious conceptual, psychological or even sociological way before the seventeenth century. Our thick and deep self, according to this view, is thus a rather recent phenomenon. Some more expansive souls find the individual already emerging a century earlier, during the Reformation. Within the last three decades, medievalists, chagrined at being contemned by classicists on one flank and an alliance of Renaissance scholars, early modernists, modernists and post-modernists on …
In Search Of Faulkner's Law, Richard Weisberg
In Search Of Faulkner's Law, Richard Weisberg
Michigan Law Review
A Review of Forensic Fictions: The Lawyer Figure in Faulkner by Jay Watson
Practicing Poetry, Teaching Law, David A. Skeel Jr.
Practicing Poetry, Teaching Law, David A. Skeel Jr.
Michigan Law Review
A Review of Before Our Eyes by Lawrence Joseph
Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau
Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau
Michigan Law Review
A Review of Violin Fraud: Deception, Forgery, Theft, and the Law by Brian W. Harvey
Law, Literature, And The Humanities: Panel Discussion, James Boyd White, Nancy L. Cook, Judy M. Cornett, Clark D. Cunningham, Thomas D. Eisele, L. H. Larue, David Ray Papke
Law, Literature, And The Humanities: Panel Discussion, James Boyd White, Nancy L. Cook, Judy M. Cornett, Clark D. Cunningham, Thomas D. Eisele, L. H. Larue, David Ray Papke
Other Publications
This panel discussion took place on April 21, 1994, as part of the University of Cincinnati College of Law's 1994 Robert S. Marx Lecture presented by Professor James Boyd White: The Authority of Law and Philosophy in Plato's Crito.
'I Can Take A Hint': Social Ineptitude, Embarrassment, And The King Of Comedy, William I. Miller
'I Can Take A Hint': Social Ineptitude, Embarrassment, And The King Of Comedy, William I. Miller
Articles
The phrase "I can take a hint," when said seriously, contains its own denial. It reveals that the speaker has not been very adept at recognizing the hints already given, nor very graceful about not making a scene once he has recognized them. Its very utterance has the effect of punishing the hint-giver by making her hint fail as a hint. The truly successful hint works by gaining its end with no extra awkwardness added to the social encounter. The good hint should be barely perceived by the person toward whom it is directed. We could even say that it …
The Writing On Our Walls: Finding Solutions Through Distinguishing Graffiti Art From Graffiti Vandalism, Marisa A. Gómez
The Writing On Our Walls: Finding Solutions Through Distinguishing Graffiti Art From Graffiti Vandalism, Marisa A. Gómez
University of Michigan Journal of Law Reform
This Note argues that outlawing graffiti completely is not an effective solution. The only effective means of controlling graffiti is to develop laws and policies which accommodate graffiti art while discouraging graffiti vandalism and which attack the root causes of graffiti. Part I briefly outlines the origins of graffiti. Part II describes the different types of graffiti and the motivations of their respective creators. Part III analyzes the arguments for and against the legalization of certain types of graffiti and concludes that, because of the multitude of different types of graffiti, both graffiti proponents and opponents have meritorious arguments that …
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson
Michigan Law Review
A Review of Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius by Edward de Grazia