Law Commons^™

Vol. 44, No. 6, November 22, 1993, University Of Michigan Law School

Res Gestae

•'Boycott Colorado' Efforts Continue •Student Senate Responds to Racism Charges •LSSS Election Debacle Provides Instructive Lesson •Are Law Students 'Hissing' to be Clever in Class? •Excessive Posting Mars Halls of Academe •Alumnus Decries Moot Court Board Decision •Voluntary Imprisonment: The Life of a Prison Guard •The Docket •Catsup Please! Tater Tots Overrun Phid House •Study Hints for the Efficient Student •TV, Movies Offer Widely Divergent Choices •1st Annual Most Annoying Law Students Awards •Law in the Raw

Vol. 44, No. 5, November 8, 1993, University Of Michigan Law School

Res Gestae

•Moot Court Disqualifies 13 late Teams •An Interview with Patricia White •Journal of Gender & Law Approaches First Issues •Student Access LSSS of Botching First-Year Elections •The Docket •The Mailbag: Advice for the Lovelorn •The Lewdicrous and Profane: How 3Ls Kill Time

Experts, Stories, And Information, Richard O. Lempert

Articles

In the infancy of the jury trial, there were no witnesses. The jury was self-informing. Members of the jury were drawn from the community. It was expected that they would know, either firsthand or on the basis of what they had heard, the true facts of any disputed incident, and they were gathered together to say what those facts were. Ronald Allen and Joseph Miller, in their insightful paper, see the ideal of the self-informing jury as very much alive today. Allen and Miller tell us that jurors ideally should experience firsthand the factual information needed to arrive at rational …

Vol. 44, No. 4, October 25, 1993, University Of Michigan Law School

Res Gestae

•More Than 1 in 4 3Ls Without Offers •Placement Office Hires Public Interest Director •Let's Hope Search for New Dean is Not a Farce •Search Committee Seeks Student Input on Bollinger's Replacement •Want a Public Interest Job? Search Yourself •ACLU Pits Itself Against Student Freedom, Learning •3L Entrepreneur Provides Letter Service for Job Seekers •Crossword •A Dogfight with J.J. White •Third-Year Makes Use of Kamisar in Summer Job •Detroit Residents Receive Aid from Student Clinic •Nirvana: The Beatles of the '90s? •The Lewdicrous and Profane •The Docket •More Tips on Interviewing, Costume Hints •Alice in Chains: The End of Flannel? …

Vol. 44, No. 3, October 11, 1993, University Of Michigan Law School

Res Gestae

•Survey: Some Claim Sex Harassment •Computer Lab Undergoes Improvements •Temper Hope for Mid-East Peace Process •The Bad, the Worse and the Ugly •Oktoberfest Raises Funds for Loan Forgiveness •New Curve will Help Most Only Slightly •Interview with a Defensive Prosecutor •The Docket •How to and Not to Interview for a Job •Law in the Raw

Vol. 44, No. 2, September 27, 1993, University Of Michigan Law School

Res Gestae

•Student Seek Support for Boycott •First-Time Professors Join Law Faculty •Students Deserve to Have Exams Read •Lawyer-Bashing Reaches New Heights, Takes New Forms •Colorado Boycott Inappropriate for Law School •QLSA Asks for Support in Boycott of Colorado •Melon, Harvey Tell Musical Tales of Angst •Outside the Classroom: Lounging by the Pooley •The Docket •Fashion Hints for the Novice Law Student •Law in the Raw

The Suspect Population And Dna Identification, Richard O. Lempert

Articles

Forensic DNA analysis typically proceeds by first determining whether alleles (one of two or more alternative forms of a gene) found in DNA apparently left by the perpetrator of a crime at a crime scene (the "evidence sample") match alleles extracted from a sample of the suspected criminal's blood (the "suspect sample"). If alleles drawn from the two sources match, the next step is to provide information about the probative value of the match by estimating the probability that alleles extracted from the blood of some random individual would have matched the alleles in the evidence sample. Thinking in terms …

Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert

Articles

The ceiling principle is an intentionally conservative way of estimating the frequency with which individuals who share particular alleles appear in the general population. It establishes frequencies for each allele by taking random samples of 100 individuals from each of 15 to 20 populations and using the largest frequency with which the allele is found in any of these populations or 5 percent, whichever is larger, as an estimate of the allele's frequency in the population of interest. These frequencies are then multiplied to yield an estimate of the likelihood that a randomly selected person would exhibit the same allelic …

The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider

Articles

The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …

Vol. 43, No. 11, April 19, 1993, University Of Michigan Law School

Res Gestae

•Law School: American Dream or Indentured Servitude? •Brother Can You Spare a Grant or a Loan? •Admissions: The First Step Toward the Dream •Sustein: Porn is Not Free Speech •MacKinnon Responds to Letter Printed in "Princess" Column •Pre-Screening: A Panacea for Placement? •Increased Costs, Lower State Aid Result in Tuition Hikes •Students Face Leaner Job Market •Faculty Propose Changes in Grade System •Law School Seeks to Fill Faculty Spots •The Docket •LSSS Funds Stolen From Office •Some Royal Hints for Interviewing

Vol. 43, No. 10, April 5, 1993, University Of Michigan Law School

Res Gestae

•Hungry for Justice, Hungry for Peace •Pro Bono Could Become More than an Option •Page: Tackle Inner City Educational Barriers •Could we Have Been More Diligent? •Gender Journal Responds to RG Article •Rodney King Verdict: Future Legal Repercussions? •Law Students Seek to Add Women to the Walls •Haitian Refugee Problem: A Real-Life Drama •Judge Promotes Equal Rights for Children •Shaw to Attend Conference in South Africa •New Section Grateful for Program •The Docket •In the Line of Fire: A Clerkship •Summer Starters Dominate Moot Court •And Now, a Word on Our Faculty •Law in the Raw

Vol. 43, No. 9, March 22, 1993, University Of Michigan Law School

Res Gestae

•Harvard Leaks Vote on MacKinnon Offer •UM Settles Pornography Dispute •LSSS Elections: Youthful Experience Dominates •Legal World Rocked by Controversy •This Full House Should Have Been Flushed •New Externship Rule: Burr on Law School's Butt •Family Law Project Undergoes Changes •Fall Grades •The Docket •1993 SFF Auction Raises Needed Funds •The 'Royal Mail' has Arrived •Law in the Raw

Vol. 43, No. 8, March 8, 1993, University Of Michigan Law School

Res Gestae

•Computer Lab's Future in Question •LSSS Presidential Hopefuls Both 1L's, Simpson's Fans •Transracial Adoption Discussed at Family Law Symposium •Has LSSS Compromised Integrity? •Students Compete in Jessup Regionals •Campbell Finalists are Chosen •Fund for Alumnus J.D. Sinnock to Award Scholarship for 2Ls •Gerken Wants to Leave Mark on Law Review •Law School Receives Funds to Establish Professorships •The Docket •LSSS Candidates State Their Views •Rock n' Roll Lawyer: A Seduction •Crossword •Students Need Dressing, Dipping Tips •Law in the Raw

Vol. 43, No. 6, January 25, 1993, University Of Michigan Law School

Res Gestae

•1L Campus Interviews Increase •MLK Day Panel Puts Focus on Jury in Rodney King Case •3L May Face Charges in Lawyers' Club Incident •Executive Orders Not End for Pro-Choicers •Student Describes Police Abuses in Lawyers' Club •Lawyers Under Attack… Again? •How Should Yale Spend His Money? •The Docket •The Lawyer's Vacation: A Prediction •Practice Safe Sex: Keep Your Socks On •Crossword •Shaw Will Return to Legal Defense Fund on Two-Year Leave

Vol. 43, No. 7, February 8, 1993, University Of Michigan Law School

Res Gestae

•Clinic Aids Custody Tug-of-War •Summer Funding Program Working to Overcome Deficit •Epstein Attacks Title VII Law •Students, Profs Must Not Wimp Out to PC •Profs Put Students in Sticky Situation •Are Lawyers Really Smarter Than Everyone Else? •Student Denounces Golden Editorial •Marshall: Giant, Fighter, Leader •Letter Criticizes Epstein's Theories on Race, Economics •1Ls Discuss Death Penalty •The Docket •Kung Fu Speaking: A Testimony •Entertainment Corner •St. Valentine's Day Survival Tips •Law in the Raw

The Uses Of Art: Medieval Metaphor In The Michigan Law Quadrangle, Ilene H. Forsyth

About the Buildings

Within the architectural diversity of Michigan's Ann Arbor campus, a campus with a spread and a variety as extended as that of the university community itself, there is a place apart: the Cook Law Quad. The distinct ambiance created by the quad's buildings seems at variance with the melange that marks the rest of the campus where the free growth of the university over a long period of time has resulted in structures of various styles and uneven levels of distinction. Yet the quad's special character is not simply a matter of its architectural unity, as is often claimed. There …

Section 1: Nuts And Bolts, David A. Santacroce

Other Publications

Workers facing plant closing and permanent or long-term layoffs now have a little more legal protection to give them some time to plan for retraining and to look for new jobs.

The Worker Adjustment and Retraining Notification (WARN) Act provides for 60 days advance notice to certain workers affected by a plant closing or mass layoff. This law was passed by the U.S. Congress in 1988 after having been sought for many years by unions and other workers' rights advocates.

Vigorous action by the labor movement and strong public support led to passage of the WARN Act in spite of …

Faculty & Student Newsletter, University Of Michigan Law School

Newsletters

Volume 3, no. 1 of the University of Michigan Law Library Faculty & Student Newsletter.

Class Of 1993 Five Year Report Alumni Comments, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This addendum is a compilation of alumni responses to the open-ended comments sections.

Class Of 1993 Five Year Report, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This report summarizes the findings of a questionnaire sent to University of Michigan Law School alumni five years after graduation.

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 14, 1993 University of Michigan Law School Honors Convocation.

Cornerstones Of The Judicial Process, Jerold H. Israel

Articles

Under our federated system of government, each state and the federal government have their own criminal justice processes. The federal system must comply with the constitutional prerequisites set forth in the Bill of Rights, and the state systems must comply with those Bill of Rights' provisions made applicable to the states by the Fourteenth Amendment,1 but those constitutional prerequisites allow considerable room for variation from one jurisdiction to another. In many respects, the fifty states and the federal government have used that leeway to produce considerable diversity in their respective criminal justice processes. At the same time, however, one can …

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.

Limiting The Role Of Patents In Technology Transfer, Rebecca Sue Eisenberg

Articles

Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Whereas policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public, the new propatent policy stresses the need for exclusive rights as an incentive for industry to undertake the further investment to bring new products to market. Although this propatent policy may make …

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 …

Review Of Willful Liberalism: Voluntarism And Individuality In Political Theory And Practice, Donald J. Herzog

Reviews

This is an elegant and studied little volume, rather more difficult than it lets on. Flathman wants to argue that liberals are sorely in need of a more robust understanding of the will and individuality than they now possess, that they (or we) should be enthusiastically embracing what might seem to be some tendentious commitments about the partial but inescapable opacity of other selves. He does so by working through a large number of texts and authors-some only contentiously called liberal (Hobbes); others not conceivably liberal (William of Ockham, Augustine, Nietzsche); and still others not obviously interested in anything narrowly …

Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar

Articles

On 15 February of this year, shortly after the number of people Dr. Jack Kevorkian had helped to commit suicide swelled to fifteen, the Michigan legislature passed a law, effective that very day, making assisted suicide a felony punishable by up to four years in prison. The law, which is automatically repealed six months after a newly established commission on death and dying recommends permanent legislation, prohibits anyone with knowledge that another person intends to commit suicide from "intentionally providing the physical means" by which the other person does so or from "intentionally participat[ing] in a physical act" by which …

Preference Conundrums, James J. White, Daniel Israel

Articles

Every law teacher and many law students and practitioners understand the intellectual sport to be found in Section 547 on preference law. Because the preference rules are so intricate, rigorously logical-but really not logical-they command more than their fair attention, not only in law school but also in continuing legal education and even in the courts. Our purpose in this article is not to answer any of the difficult questions or to give a global explanation of preference law. Rather it is to confront a few of the conundrums in Section 547 and to follow the paths of those conundrums …

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 …

Whose Loyalties?, Christina B. Whitman

Reviews

It is disconcerting to open a book subtitled An Essay on the Morality of Relationships and find that the two case studies that most interest the author are reciting the Pledge of Allegiance in public schools and the criminalization of flag burning. Although George Fletcher begins to make his case for giving moral priority to loyalties by referring to the impulse to save one's mother from a burning house (p. 12), he is more concerned with the ties that bind individuals to groups than with the ethics of relationships between individuals. The loyalties to which Fletcher would give "moral importance" …