Law Commons^™

Feedback Loops: Feedback Fundamentals, Patrick Barry

Books

Learning how to give and receive feedback is fundamental to the development of every student and professional. Yet few of us are ever taught anything like “feedback skills.”

This book, which is the first in the Feedback Loops series, is designed to change that. Here is what students who have taken the University of Michigan Law School course on which the series is based have said about it:

“One of the most memorable and useful classes I have taken in law school!”

“Excellent, full stop.”

“This class was always a fun highlight of my week.”

Editing And Advocacy, Patrick Barry

Books

Good editors don’t just see the sentence that was written. They see the sentence that might have been written. They know how to spot words that shouldn’t be included and summon up ones that haven’t yet appeared. Their value comes not just from preventing mistakes but from discovering new ways to improve a piece of writing’s style, structure, and overall impact.

This book— which is based on a popular course taught at the University of Chicago Law School, the University of Michigan Law School, and the UCLA School of Law— is designed to help you become one of those editors. …

Notes On Nuance: Volume 1, Patrick Barry

Books

To succeed in law, business, education, government, health care, and many other fields, it is becoming increasingly important to distinguish yourself as a savvy communicator. Social media has only accelerated the ways in which we all must learn to use our words to connect, compete, and create. There are features of the English language, however, that many of us haven’t taken full advantage of yet. Notes on Nuance is designed to help change that.

Drawing on a diverse collection of authors—from novelists to physicists, from ancient Greek historians to modern-day CEOs—it reveals the hidden mechanics that skilled writers use to …

Good With Words: Speaking And Presenting, Patrick Barry

Books

Suppose you were good with words. Suppose when you decided to speak, the message you delivered—and the way you delivered it—successfully connected with your intended audience. What would that mean for your career prospects? What would that mean for your comfort level in social situations? And perhaps most importantly, what would that mean for your satisfaction with the personal relationships you value the most?

This book is designed to help you find out. Based on an award-winning course and workshop series at the University of Michigan taken by students training to enter a wide range of fields—law, business, medicine, social …

Children's Justice: How To Improve Legal Representation Of Children In The Child Welfare System, Don Duquette, Britany Orlebeke, Andrew Zinn, Robbin Pott, Ada Skyles, Xiaomeng Zhou

Books

From 2009 to 2016 the University of Michigan Law School served as the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). This seven-year, multimillion dollar project, directed by Clinical Professor Don Duquette, conducted a national needs assessment that identified a substantial consensus on the role and duties of the child’s lawyer. The needs assessment led to the QIC-ChildRep Best Practice Model, an update and expansion of the 1996 ABA Standards for Lawyers Representing Children in Child Abuse and Neglect Cases.

Released in 2016 as a300-page softcover book, CHILDREN'S JUSTICE is the final report …

Michigan Guidelines On The International Protection Of Refugees, James C. Hathaway

Books

The Michigan Guidelines on the International Protection of Refugees are the result of a collective endeavor of hundreds of scholars, advocates, judges, and international officials to tackle some of the most important and challenging questions in international refugee law. This volume presents 20 years of the Guidelines — the consensus work of senior Michigan Law students and experts from around the world on cutting-edge refugee law concerns — in five languages (English, French, Spanish, Arabic, and Russian).

The Guidelines address five of the most difficult issues of refugee status: what is the meaning of a “well-founded fear”; when may refugee …

The End Of Ownership: Personal Property In The Digital Economy, Aaron Perzanowski, Jason Schultz

Books

An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace.

The open access edition of this book was made possible by generous funding from Arcadia – a charitable fund of Lisbet Rausing and Peter Baldwin.

If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that …

A Nation Of Widening Opportunities: The Civil Rights Act At 50, Ellen D. Katz, Samuel R. Bagenstos

Books

The Civil Rights Act of 1964 was an extraordinary achievement of law, politics, and human rights. On the fiftieth anniversary of the Act's passage, it is appropriate to reflect on the successes and failures of the civil rights project reflected in the statute, as well as on its future directions. This volume represents an attempt to assess the Civil Rights Act's legacy.

On October 11, 2013, a diverse group of civil rights scholars met at the University of Michigan Law School in Ann Arbor to assess the interpretation, development, and administration of civil rights law in the five decades since …

The Ideal Deal: How Local Governments Can Get More For Their Economic Development Dollar, Rachel Weber, David Santacroce

Books

This handbook is designed to provide local economic development practitioners with an important tool. It takes the reader step-by-step through the different elements of contracts that treat public incentive packages as a quid pro quo for public benefits. Each section discusses a different element of the ideal deal: valuation of public costs and benefits, performance standards, disclosure and oversight, and enforcement. In each section we provide detailed examples of model provisions used by local governments in their incentive legislation, ordinances, and contracts -- information that has not before been obtained or recorded in any systematic way. These examples are meant …

William W. Cook: Articles From Law Quad Notes About William W. Cook, Margaret A. Leary

Books

This collection of articles published from 2002-2004 is the embryo of a biography I hope to complete so that full information about the life and times of William W. Cook (1858- 1930) is accessible. Cook was important to the University of Michigan and its Law School because he gave virtually all of his considerable fortune to the Law School, and was the first individual to give so much.

Digital Copyright, Jessica D. Litman

Books

In 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.

In this book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of …

The Song Sparrow And The Child: Claims Of Science And Humanity, Joseph Vining

Books

For centuries public claims on behalf of science have been made about our nature and the nature of the world as a whole. Over the twentieth century such claims on behalf of science have grown deeper and stronger. More and more they are total claims, cosmological in the largest sense, and they have evoked opposition equally deep and strong.

There is the scientist in all of us. There is, too, the lawyer and law in all of us, which we realize the moment we serve as a witness or citizen juror. This book explores what the legal mind and ear …

Professional Responsibility, Nicholas Rine, Ly U. Meng

Books

The study of professional responsibility is, of course, critical to those who wish to practice as lawyers. Without a clear understanding of the expectations of the profession, no lawyer will function effectively. Beyond that simple practical need, however, new lawyers need to have a realistic perspective on the competence and the limitations of their profession.

But the study of legal ethics is a valuable undertaking even for those who have no intention of becoming lawyers. Many people see the legal system as a mysterious set of rituals which make little sense. (And that perspective is not completely unrealistic.) For any …

The Attorney-Client Privilege And The Work-Product Doctrine In Michigan, D. A. Celphane, Barbara Mcquade, Leonard Niehoff, Daniel P. Malone

Books

In Upjohn Co v. United States, the United States Supreme Court acknowledged that the attorney-client privilege - the "oldest of the privileges for confidential communications known to the common law" - has the crucial purpose of "encourag[ing] full and frank communication between attorneys and their clients and thereby promote[s] broader public interests in the observance of law and administration of justice." Similarly, in Hickman v Taylor, the Court stressed the importance of the work-product doctrine, noting that "[n]ot even the most liberal of discovery theories can justify unwarranted inquiries into the files and the mental impressions of an attorney." …

Debts, Job Choices, And Financial Burden: Educational Debts At Nine American Law Schools, David L. Chambers

Books

American law students are borrowing large sums of money. For graduates at many schools, cumulative debts of $35,000 from college and law school have become the norm and debts of $40,000, $50,000 and even more are common. The sums students are borrowing are much larger today than they were ten years ago, even after adjusting for increases in the cost of living. They have risen at a vastly faster pace than the initial salaries at small law firms and government agencies. They have even risen at a faster pace than the initial salaries in many large firms. The new pattern …

Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green

Books

This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …

Current Studies In Japanese Law, Whitmore Gray, Kazuo Sugeno, Walter L. Ames, Ronald G. Brown, Richard O. Briggs

Books

Over the past fifteen years there has been a remarkable growth in the study of Japanese law in the United States. The foundation was laid during the late 1950's when the Harvard-Michigan-Stanford program brought together Japanese legal specialists and their American counterparts for study and research. At the end of this program a major conference was held, and the resulting publication, Law in Japan, continues to serve as a point of departure in descriptive studies of Japanese law.

During the 1960's interest in Japan continued to develop among law faculty members, but an even more important development was the increase …

The University Of Michigan: Its Legal Profile, William B. Cudlip

Michigan Legal Studies Series

Inspiration for the preparation of this volume came from reading two sections of Volume I of the four-volumes published in 1942 entitled, The University of Michigan-An Encyclopedic Survey. One section by E. Blythe Stason, Dean Emeritus of the University's Law School, is captioned "The Constitutional Status of the University of Michigan." The other section captioned "The Organization, Powers and Personnel of the Board of Regents" was prepared by the Dean and the late Wilfred B. Shaw, long connected with the University in important administrative capacities and intimately acquainted with its history.

The material here presented duplicates in part that …

The Oracles Of The Law, John P. Dawson

Books

Based on the lectures delivered at The University of Michigan March 12, 13, 16, 17, and 18, 1959, on The Thomas M. Cooley Lectureship, under the title "Judges: Oracles of the Law."

This study will examine the nature and extent of the contribution that case law has made to the legal systems of England, Rome, France, and Germany. The emphasis will be historical, but the object will be to show the lasting effects of historical experience on modern usage and attitudes.

Comparative Conflict Resolution Procedures In Taxation: An Analytic Comparative Study, L. Hart Wright, Jean Van Houtte, Pierre Kerlan, Helmut Debatin, James Arthur Johnstone, H. Schuttevaer, Elizabeth G. Brown

Michigan Legal Studies Series

Tax administrators in well developed countries rarely have either occasion or opportunity to compare experiences or exchange opinions regarding procedures and practices utilized in administering complicated tax laws. Moreover, there is little comparative literature on the subject. Even the tax institutes which are internationally oriented usually focus on substantive tax principles, not procedures and practices. Hopefully, therefore, administrators in highly developed countries will find useful this analytic comparison of practices and procedures through which six of their number resolve disputable income tax questions -administratively and judicially.

Concern for tax administrators in well developed countries, however, was not the prime motivation …

Investigation And Discovery In State Antitrust, Bernie R. Burrus

Michigan Legal Studies Series

Monograph submitted in partial fulfillment of the requirements for the S.J.D. degree at the University of Michigan Law School.

Diplomats, Scientists, And Politicians: The United States And The Nuclear Test Ban Negotiations, Harold Karan Jacobson, Eric Stein

Michigan Legal Studies Series

This study began in 1961 as a limited attempt to assess the impact of science and modern technology on the negotiating process and concepts of international organization, using the test ban negotiations then in progress as a case study. When the Moscow Treaty was signed, however, it seemed wise to broaden the focus and to capture as many of the details as we could that might help to explain this first formal arms control agreement between East and West in the nuclear age. Our analysis is clearly not definitive, but hopefully, it will be a useful source, even after all …

Civil Code Of The Russian Soviet Federated Socialist Republic: An English Translation, Whitmore Gray, Raymond Stults

Books

This book is an English translation of the Soviet Civil Code as published in Sovetskaia Iustitsiia in 1964. This book also includes the Russian original.

Territorial Trademark Rights And The Antitrust Laws, Richard F. Dole

Michigan Legal Studies Series

Trademarks are devises used by business men to distinguish their goods from those of others. The utility of trademarks to purchasers lies in the identification of different lines of merchandise by different trademarks. On the other hand, perhaps the greatest advantage of trademarks to business derives from the connotations associated with marks by skillful advertising. Legal protection of trademark rights thus has a dual aspect: preventing others from copying marks both guards the identification function of trademarks and maintains exclusive rights in the commercial value of trademarks created by advertising. A Senate committee described the hybrid nature of trademark protection …

British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown

Books

When a dependency severs its formal connection with the mother country - irrespective of the century in which such severance occurs - the act of independence can neither eradicate the past nor solve all problems of the future. In the late eighteenth and early nineteenth centuries, the United States of America discovered that independence from Great Britain in itself did not abolish the need for rules and regulations by which men could anticipate with some degree of certainty the consequences of particular actions. Wholesale adoption of such English statutes as were suited to their condition offered a solution to the …

Automobile Accident Costs And Payments: Studies In The Economics Of Injury Reparation, Alfred F. Conard, James N. Morgan, Robert W. Pratt Jr, Charles E. Voltz, Robert L. Bombaugh

Michigan Legal Studies Series

The report is presented as a pool of data which will serve many purposes. First of all, the report furnishes a perspective on the largeness and the smallness of the reparation process, and of its many parts. Second, the report supplies much more specific information than has ever before been available on many points, such as the high or low level of reparation in relation to losses; the number of people who get paid, and those who receive nothing; the levels of legal expense, including attorneys' fees. Third, it will furnish a guide for future research directed to narrower questions, …

The Conflict Of Laws: A Comparative Study, Second Edition. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel

Michigan Legal Studies Series

The third volume of Ernst Rabel's comparative treatise on the conflict of laws was originally published in 1950. With the continued support ofThe University of Michigan Law School and the cooperation of the Max-Planck-Institut für auslaändisches und internationals Privatrecht in Hamburg, this second edition of Volume III has been prepared. Plans for the revision of Volumes I and II were made before the death of the author on September 7, 1955, and the work was carried to completion by Dr. Ulrich Drobnig of the staff of the Institut in Hamburg. We were fortunate in obtaining the services of another well-qualified …

Administrative Law And Local Government, Bernie R. Burrus

Michigan Legal Studies Series

Part of the Legal Problems in Metropolitan Area Series by the Legislative Research Center at the University of Michigan.

Soviet Legal Institutions: Doctrines And Social Functions, Kazimierz Grzybowski

Michigan Legal Studies Series

This book represents the highlight of a career of scholarship by its author and a most significant contribution to the literature, which will bring to those who seek it an understanding of the role law plays in Soviet Russia. More important, it will bring that understanding in a comparative context which sharpens the impact and compels a careful analysis of the social function legal institutions perform in both systems. Though Soviet jurists may deny the validity of comparative methodology as applied to the Soviet legal order, the analysis which is here presented proves not only that comparisons are possible but …

Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue

Michigan Legal Studies Series

Adhering to the view that the original question is important, unanswered, and essential to a proper development of standards of judicial administration, the Section arranged for the University of Michigan Law School to supervise and for the author of the Detroit study to prepare a final report for the metropolitan court survey, which will make use of such material as comes to hand from all available sources in an attempt to identify, characterize, and classify the special problems of metropolitan courts. The report will also include a discussion of the methods being brought to bear on those problems, their advantages …