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University of Michigan Law School

Series

2000

Articles 1 - 30 of 99

Full-Text Articles in Law

Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah Dec 2000

Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah

Articles

This article contrasts three approaches to dealing with the BEPS problem: adopting a unitary taxation regime, ending deferral, and adopting anti-base-erosion measures. It concludes that while the first approach is the best long-term option, the other two are more promising as immediate candidates for adoption in the context of U.S. tax reform and the OECD BEPS project.

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Vol. 51, No. 6, December 5, 2000, University Of Michigan Law School Dec 2000

Vol. 51, No. 6, December 5, 2000, University Of Michigan Law School

Res Gestae

•How to Get As in Law School •ATL Farewell •Final Words •Photo Tribute •For What It's Worth… •The Insider •We Three Films •Album of the Year •Gift Guide

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Vol. 51, No. 5, November 7, 2000, University Of Michigan Law School Nov 2000

Vol. 51, No. 5, November 7, 2000, University Of Michigan Law School

Res Gestae

•The Insider •Shout Out to My Holmes •Letter: RG Lacks Sensitivity, Embarrassment to Law Community •Letter: Smackin' the Ho, Yingtao Knows Nothing About Football •Your Guide to the 2000 National Election •Election Year Photo Phunnies •For What It's Worth... •Thanksgiving Under the Federal Rules •Compacted Disc Reviews

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Vol. 51, No. 4, October 24, 2000, University Of Michigan Law School Oct 2000

Vol. 51, No. 4, October 24, 2000, University Of Michigan Law School

Res Gestae

•See If Your Vote Matters •Pity for Nineveh •The Insider •The Gulag •Iceland's Greatest Import •Election 2000 Candidate Quote Quiz! •Telling a Ding from a Dong •Equal Access for Students & Professors •A No-Fear Vote for Nader •For What It's Worth… •To Be of Use

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Vol. 51, No. 3, October 10, 2000, University Of Michigan Law School Oct 2000

Vol. 51, No. 3, October 10, 2000, University Of Michigan Law School

Res Gestae

•Dumb or Dumber: Who Will Lead the Free World in 2001? •Stand Together •Helpful Hints for 1Ls •The Insider •Election 2000 •For What It's Worth •Confessions of a 2L Transfer

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Vol. 51, No. 2, September 26, 2000, University Of Michigan Law School Sep 2000

Vol. 51, No. 2, September 26, 2000, University Of Michigan Law School

Res Gestae

•Ralph Nader Speaks at Michigan Theater •Senate Sightings •Test Your Interview Prowess •Pants-Wearing Women of All Countries, Unite! •The Insider •An Unolympian Olympics •The Young and the Reckless •For What It's Worth

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Vol. 51, No. 1, September 13, 2000, University Of Michigan Law School Sep 2000

Vol. 51, No. 1, September 13, 2000, University Of Michigan Law School

Res Gestae

•Wolverine Denied Access •Law Review Selects No New Members •Wolverine Access Swallows Students Whole •Geographically Confused? •Hello Kitty, Law School Joins Forces •I Loved My Summer Job •Three Second Memory •The Insider •1L Demographics •For What It's Worth

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The Best-Laid Plans, Carl E. Schneider Jul 2000

The Best-Laid Plans, Carl E. Schneider

Articles

It is natural to suppose law is like the centurion and can do as it will: "I say to this man, Go, and he goeth; and to another, Come, and he cometh; and to my servant, Do this, and he doeth it." But a thousand years ago, King Canute tried to disillusion his courtiers about his efficacy by commanding the waves to stop beating. And fifty years ago, Harry Truman predicted of Dwight Eisenhower, "He'll sit here, and he'll say, 'Do this! Do that!' And nothing will happen. Poor Ike-it won't be a bit like the Army. He'll find it …

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Vol. 50, No. 12, April 18, 2000, University Of Michigan Law School Apr 2000

Vol. 50, No. 12, April 18, 2000, University Of Michigan Law School

Res Gestae

•Campbell Competition Screws Internet Pornographers •Faculty Approves Changes to Calendar and Curriculum •South Africa III •The Social Problem of Coase •Above the Law •Redemption Song •3 Second Memory •Reflections •The Best is Yet to Come •Wrecked Weekend •The Big 1L Picture

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Vol. 50, No. 11.5, April 1, 2000, University Of Michigan Law School Apr 2000

Vol. 50, No. 11.5, April 1, 2000, University Of Michigan Law School

Res Gestae

•UMLaw to Install Classroom Internet Access •Admissions Data Released •SFF Auction to be Held via eBay •RG to Adopt New Profanity Policy •1L's Lost Book Found in Well •Letters to the Editor •I Was a 1L Teletubby •The Complete SFF Auction Item List

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Vol. 50, No. 11, March 28, 2000, University Of Michigan Law School Mar 2000

Vol. 50, No. 11, March 28, 2000, University Of Michigan Law School

Res Gestae

•Blood Will Flow Thursday •LSSS Ballot Box Opens Next Week •South Africa II •Interview •Grade Curve •Movie Reviews •The Final Darrow

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Vol. 50, No. 10, March 14, 2000, University Of Michigan Law School Mar 2000

Vol. 50, No. 10, March 14, 2000, University Of Michigan Law School

Res Gestae

•Enough Stolen Laptops •It Really is that Bad •Olfactory Education •South Africa Memoirs •Oscar Predictions •March Madness

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Vol. 50, No. 9, February 22, 2000, University Of Michigan Law School Feb 2000

Vol. 50, No. 9, February 22, 2000, University Of Michigan Law School

Res Gestae

•Sweatshops & the Mob •Classic Flattery •Clarence Darrow •Play by the Rules •Joan on the Ball •Resume Writing Tips

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Vol. 50, No. 8, February 8, 2000, University Of Michigan Law School Feb 2000

Vol. 50, No. 8, February 8, 2000, University Of Michigan Law School

Res Gestae

•Donna Lopiano Delivers Keynote Address at Title IX Symposium •Protest Marks Title IX Symposium •Title IX, "Sexists," and Equality of Opportunity •1999/2000 Law School Faculty and Staff Salaries •Super Bowl World •Grade This •Dance Marathon •Horoscopes •Cheeto Rebel •Movie Reviews

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Vol. 50, No. 7, January 25, 2000, University Of Michigan Law School Jan 2000

Vol. 50, No. 7, January 25, 2000, University Of Michigan Law School

Res Gestae

•Curriculum Committee to Recommend Calendar Changes •LSSS Decides to Leave Vacant 2L Representative Position Unfilled •Federalist View •A Dream Job •Grading the Exam •Y2K Resolutions •Sports Predictions •This Too Shall Pass

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Review Of Leaving The Bench: Supreme Court Justices At The End, By D. N. Atkinson, Richard D. Friedman Jan 2000

Review Of Leaving The Bench: Supreme Court Justices At The End, By D. N. Atkinson, Richard D. Friedman

Reviews

David Atkinson points out an interesting anomaly near the beginning of his book, Leaving the Bench: scholars have spent an enormous amount of energy studying entrance to the Supreme Court-how justices are chosen-but much less studying exit. It is indeed an important issue. Do justices stay too long (or perhaps leave too early)? What mechanisms are in place to induce them to leave the Court when the time has come, and passed? Are further mechanisms needed?

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Ownership, Commercial Development, Transfer And Use Of Publicly Funded Research Results: The United States Legal Regime, Rebecca S. Eisenberg Jan 2000

Ownership, Commercial Development, Transfer And Use Of Publicly Funded Research Results: The United States Legal Regime, Rebecca S. Eisenberg

Other Publications

This report summarizes key provisions of the United States. legal regime concerning ownership, dissemination and commercialization of the results of publicly funded research as background for a study on the feasibility of improving access by developing countries and economies in transition to environmentally sound technologies (ESTs) developed in other parts of the world.

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Dicta, University Of Michigan Law School Jan 2000

Dicta, University Of Michigan Law School

Miscellaneous Law School History & Publications

This publication is the 2000 edition of Dicta, the Law School Literary Journal.

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Honors Convocation, University Of Michigan Law School Jan 2000

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 12, 2000 University of Michigan Law School Honors Convocation.

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A Presumption Of Innocence, Not Of Even Odds, Richard D. Friedman Jan 2000

A Presumption Of Innocence, Not Of Even Odds, Richard D. Friedman

Articles

Now I know how the Munchkins felt. Here I have been, toiling in the fields of Evidenceland for some years, laboring along with others to show how use of Bayesian probability theory can assist in the analysis and understanding of evidentiary problems.' In doing so, we have had to wage continuous battle against the Bayesioskeptics-the wicked witches who deny much value, even heuristic value, for probability theory in evidentiary analysis.2 Occasionally, I have longed for law-and-economics scholars to help work this field, which should be fertile ground for them.3 So imagine my delight when the virtual personification of law and …

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Phoebe's Lament (Symposium: Empirical Research In Commercial Transactions), James J. White Jan 2000

Phoebe's Lament (Symposium: Empirical Research In Commercial Transactions), James J. White

Articles

Assume a bright hypothetical social scientist - call her Phoebe - who is completely ignorant of legal research as it is practiced in today's law schools. Phoebe might speculate about legal research as follows. First, she would note that the law schools are joined with and are the exclusive source of the practitioners of a profession. Second, she would note that commercial and legal actors rub up against and are influenced by the law in countless ways every day. Third, she might remark that this interaction occurs practically on the doorsteps of our law schools. Unlike anthropologists, who may have …

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Contract Reading' In Labor Arbitration, Theodore J. St. Antoine Jan 2000

Contract Reading' In Labor Arbitration, Theodore J. St. Antoine

Articles

A quarter century ago, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. This phrase has almost invariable been misunderstood to refer to reading or interpreting the contract. When I spoke of the "contract reader," it was in the context of judicial review of an award. My point was this: When a court has before it an arbitrator's award applying a collective bargaining agreement, it is as if the employer and the union had signed a stipulation stating: "What the arbitrator says this contract means is exactly what we meant …

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Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White Jan 2000

Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White

Articles

In this Article, Professors Hanoch Dagan and James White study the most recent challenge raised by mass torts litigation: the interference of governments with the bilateral relationship between citizens and injurious industries. Using the tobacco settlement as their case study, Dagan and White explore the important benefits and the grave dangers of recognizing governments' entitlement to reimbursement for costs they have incurred in preventing or ameliorating their citizens' injuries. They further demonstrate that the current law can help capture these benefits and guard against the entailing risks, showing how subrogation law can serve as the legal foundation of the governments' …

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The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein Jan 2000

The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein

Articles

A long and distinguished line of law-and-economics articles has established that in many circumstances fully compensatory expectation damages are a desirable remedy for breach of contract because they induce both efficient performance and efficient breach. The expectation measure, which seeks to put the breached-against party in the position she would have been in had the contract been performed, has, therefore, rightly been chosen as the dominant contract default rule. It does a far better job of regulating breach-or-perform incentives than its leading competitors-the restitution measure, the reliance measure, and specific performance. This Essay does not directly take issue with the …

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In Re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting From The Interpretation Of The Private Securities Litigation Reform Act's Pleading Standard, Marilyn F. Johnson, Karen K. Nelson, Adam C. Pritchard Jan 2000

In Re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting From The Interpretation Of The Private Securities Litigation Reform Act's Pleading Standard, Marilyn F. Johnson, Karen K. Nelson, Adam C. Pritchard

Articles

This Article presents an empirical study of changes in shareholder wealth resulting from the Ninth Circuit Court of Appeals decision in In re Silicon Graphics Inc. Securities Litigation, which interpreted the pleading provision established in the Private Securities Litigation Reform Act of 1995 (the "Reform Act"). Congress passed the Reform Act as part of an ongoing effort to protect corporations from abusive suits alleging "fraud by hindsight." In such suits, plaintiffs claimed that a sudden drop in a company's stock price was evidence that the issuer and its management covered up the bad news that led to the price drop. …

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Sentimental Stereotypes: Emotional Expectations For High-And Low-Status Group Members, Larissa Z. Tiedens, Phoebe C. Ellsworth, Batja Mesquita Jan 2000

Sentimental Stereotypes: Emotional Expectations For High-And Low-Status Group Members, Larissa Z. Tiedens, Phoebe C. Ellsworth, Batja Mesquita

Articles

Three vignette studies examined stereotypes of the emotions associated with high- and low-status group members. In Study 1a, participants believed that in negative situations, high-status people feel more angry than sad or guilty and that low-status people feel more sad and guilty than angry. Study 1b showed that in response to positive outcomes, high-status people are expected to feel more pride and low-status people are expected to feel more appreciation. Study 2 showed that people also infer status from emotions: Angry and proud people are thought of as high status, whereas sad, guilty, and appreciative people are considered low status. …

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Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier Jan 2000

Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier

Articles

The law of takings couples together matters that should be treated independently. The conventional view, shared by courts and commentators alike, has been that any takings case can be resolved in one of two ways: either there is a taking and compensation is due, or there is no taking and no compensation is due. These results are fine as long as one holding or the other serves the two central concerns of the Takings Clause - eficiency and justice. But a problem arises when the two purposes behind the law of takings come into cordhct, as they readily might. It …

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Reading Texts, Reading Traditions: African Masks And American Law, James Boyd White Jan 2000

Reading Texts, Reading Traditions: African Masks And American Law, James Boyd White

Articles

My subject in this Essay is the relation between a text or other artifact and the tradition against which it acts. I want to begin by borrowing from a book that seems to me to represent a model-not the only model, of course, but a very good one-of a certain kind of cultural investigation. The book is Inventing Masks by Z.S. Strother, an art historian at Columbia University who specializes in African art. Its material subject is a set of face masks made by the Central Pende, an African people in what is now the Democratic Republic of Congo.

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Review Of The Dark Side Of The Left: Illiberal Egalitarianism In America, Donald J. Herzog Jan 2000

Review Of The Dark Side Of The Left: Illiberal Egalitarianism In America, Donald J. Herzog

Reviews

In this elegantly written, provocative, and sometimes just plain provoking book, punctuated by bits of anguish and rather more pique, Richard Ellis worries that the American Left has been so passionate about equality that it has run roughshod over liberty. So put, the thesis is not exactly news. It has been the recurrent lament of conservative indictments- Tocqueville's is the canonical statement, but he has plenty of precursors and followers. And it has its scholarly variations, too, such as Arthur Lipow, Authoritarian Socialism in America: Edward Bellamy and the Nationalist Movement (1982). No profound surprises are on offer here.

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Private Order And Public Institutions, Ellen D. Katz Jan 2000

Private Order And Public Institutions, Ellen D. Katz

Reviews

In Private Order Under Dysfunctional Public Order, John McMilan and Christopher Woodruff describe the private institutions that order commercial transactions in developing economies where commercial actors view the formal legal regime as unreliable. Presenting evidence from surveys of market participants in several Eastern European countries and in Vietnam, McMillan and Woodruff depict a system of private order that requires formal organization and the creation of institutions to share information and coordinate multiparty responses. These institutions do not simply offer a viable alternative to public procedures, but also enable commercial transactions to occur where the vacuum in public order would otherwise …

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