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Vol. 49, No. 4, October 23, 1998, University Of Michigan Law School Oct 1998

Vol. 49, No. 4, October 23, 1998, University Of Michigan Law School

Res Gestae

•Halloween Party Set for October 30 •Moot Court Season Begins •Figure Out Just How Big a Loser You Really Are •And You Thought Your Life Was Miserable •At Least Find Somewhere More Sophisticated than Rick's •I'll Be Siskel, You Be Ebert •Celebrate the Holidays- RG Style •Alcohol Eases the Pain


Vol. 49, No. 3, October 2, 1998, University Of Michigan Law School Oct 1998

Vol. 49, No. 3, October 2, 1998, University Of Michigan Law School

Res Gestae

•Baum Comes of Age •1Ls Elect Their Leaders •Baum Backs Down •1Ls Allowed to Attend Sonobe Lecture •We Find the Weirdest Things in Our Pendaflexes •What Some People Do for the Good of the Country •Some RG Staff Members Have the Way too Much Time on Their Hands •We are So Glad Larry Was Paroled


Vol. 49, No. 2, September 18, 1998, University Of Michigan Law School Sep 1998

Vol. 49, No. 2, September 18, 1998, University Of Michigan Law School

Res Gestae

•A Fresh Start for Career Services •LSSS Passes New Funding Policy •Law School Hires Five New Faculty Members •Are Student/Faculty Relationships Good? •But Did He Ever Get to Meet the Beatles? •Give Me a Home, Where the Buffalo Roam, and the Geeks and the Antelope Play? •Welcome Back Larry •But Doesn't Sierre Leone Need Legal Services?


Vol. 49, No. 1, September 3, 1998, University Of Michigan Law School Sep 1998

Vol. 49, No. 1, September 3, 1998, University Of Michigan Law School

Res Gestae

•Cook Lecture Slated for Sept. 8 •New School Year Brings New Visiting and Adjunct Faculty •Administrative Landscape Altered •Rhymes of Reason •Welcome Back! Well, back, anyway… •Interviewing? Can't Go Wrong With Our Sound Advice… •Who? •Excuses •Pleas


The Effects Of Tax Law Changes On Property-Casualty Insurance Prices, David F. Bradford, Kyle D. Logue Apr 1998

The Effects Of Tax Law Changes On Property-Casualty Insurance Prices, David F. Bradford, Kyle D. Logue

Book Chapters

One of the most important components of the balance sheet of a property-casualty insurance company is the loss reserve. In spite of what the term may suggest, a loss reserve is not a pot of funds set aside for the uncertain future. It is an accounting entry, a liability on the balance sheet. More precisely termed the unpaid-losses account, the loss reserve expresses the amount the company expects to pay out in the future to cover indemnity payments that will come due on policies already written for losses that have already been incurred and to cover the costs of dealing …


Vol. 48, No. 10, April 23, 1998, University Of Michigan Law School Apr 1998

Vol. 48, No. 10, April 23, 1998, University Of Michigan Law School

Res Gestae

•$500 For Brian Simpson? Are You Serious? •Student Debate Explores Affirmative Action •What's Next for Career Services? •Larry, Clarence and the Homoerotic Photographer •Save Rick Hills •The Dean Wants to Have a Few Words With You •I'm Really Hungover and I can't think of Anything Witty to Say About Larry's World So... •RIP Legal Lad •But Can He Do the Lambada?


Vol. 48, No. 9, April 1, 1998, University Of Michigan Law School Apr 1998

Vol. 48, No. 9, April 1, 1998, University Of Michigan Law School

Res Gestae

•Changes Coming to Records Office •U.S. News Ranking Corrected: Career Services Now #1 •David Baum Purchases Dominick's: "Free Sangria for All" •SFF Granted Liquor License for Auction •Lawsuit Filed Against School Seeking to Ban Graduation Because it Discriminates Against Idiots •Michigan Militia Co-Sponsoring JLR Symposium to Move Away From Anonymous Jury System •JJ White Makes Move to Have Faculty Salaries Drawn From a Hat •Dean Lehman Announces New Schedule- All Students Required to Take 8AM Comm Trans •Law Quad, Ashley's Contract to Provide Food Service •Top Ten Reasons the RG Needs Its Own Computers


Vol. 48, No. 8, March 18, 1998, University Of Michigan Law School Mar 1998

Vol. 48, No. 8, March 18, 1998, University Of Michigan Law School

Res Gestae

•Do We Need Reform in Career Services? •Nine Down, Only 16 to Go •Larry Visits Clarence's Magazine Collection •Gotta Love Those Curves •Letters to the Editor •Larry and the Dirty Old Man in the Trench Coat •Time Flies… •If You Think the JLR Symposium is Impressive, You Haven't Seen Anything Yet


Hard Cases, Carl E. Schneider Mar 1998

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …


Vol. 48, No. 7, February 25, 1998, University Of Michigan Law School Feb 1998

Vol. 48, No. 7, February 25, 1998, University Of Michigan Law School

Res Gestae

•Jessup Team to Compete in Internationals First APALSA Symposium Client Counseling Team Takes Third at Regional Competition Everything You've Ever Wanted to Know About Professor Logue but Were Afraid to Ask Bruce Man Can't Jump •Movie Reviews for Movies we Didn't See •Larry's Weekly Contribution to his FBI File •It Pays to Stay in School


Vol. 48, No. 6, February 11, 1998, University Of Michigan Law School Feb 1998

Vol. 48, No. 6, February 11, 1998, University Of Michigan Law School

Res Gestae

•No, We Ain't Got No Computers •Six Faculty Offers Extended •A Dated Look at the Winter Graduation Ceremonies •Is William Cook Spinning in his Grave? •Bruce Manning v. Responsibility •Spice Girls v. Dignity •Larry v. Ronald McDonald •Rick v. Discretion •Campus Response to Affirmative Action Lawsuit


Review Of Political Theory For Mortals: Shades Of Justice, Images Of Death, Donald J. Herzog Jan 1998

Review Of Political Theory For Mortals: Shades Of Justice, Images Of Death, Donald J. Herzog

Reviews

Daring to go where plenty of mortals have gone before him, John Seery sets out to explore death. The resulting volume, more episodic than sustained, is brash, even feverishly energetic, as though Seery is desperately cheery about his chosen topic. This book is by turns witty and irritating, its interesting conjectures and lines of argument intimately mixed up with what this stodgy reader saw as frivolous posturing. It's easy to lampoon Seery's prose style; in fact, all one needs to do is quote it. Socrates, we learn, is "a blowhard buffoon," or at least readers might reasonably see him that …


Advanced Legal Studies, University Of Michigan Law School Jan 1998

Advanced Legal Studies, University Of Michigan Law School

Miscellaneous Law School History & Publications

The Law School is part of the University of Michigan, among the world's premier research and teaching universities. The University is renowned for its top-ranked graduate programs in the social sciences and humanities; its schools of law, engineering, business, medicine and music; and its specialized research institutes and centers of study. Law students are able to take advantage of the rich intellectual life and the tremendous resources such as libraries, cultural and recreational facilities, and curricular offerings in other fields, made possible by the larger university environment.


The University Of Michigan Law School Scholarships 1998, University Of Michigan Law School Jan 1998

The University Of Michigan Law School Scholarships 1998, University Of Michigan Law School

Miscellaneous Law School History & Publications

The presence of talented and diverse students helps make the University of Michigan Law School a dynamic academic environment. The School is fortunate to have more than one hundred endowed scholarship funds - attracting the brightest students regardless of their ability to meet the high costs of legal education. Endowed scholarship funds have a profound impact on the School and the lives of its students.

The Law School is delighted to recognize those donors whose generous support makes such scholarships possible. We are grateful to our graduates and friends whose vital interest in the School has promoted them to invest …


Dicta, University Of Michigan Law School Jan 1998

Dicta, University Of Michigan Law School

Miscellaneous Law School History & Publications

We would like to extend our appreciation to the Law School Student Senate and the Nonnes-Rom Challenge fund for their financial support, to the Law School Copy Center for its technical support, and to Prof. Ronald Monn and Adam Chester for their counsel on copyright issues. We thank you, our readers, for your interest.

Most of all, we would like to thank all of those members of the law school community who took the time and effort to submit their work. Without their energy and courage, this journal would cease to exist.

Enjoy.


Law In The Backwaters: A Comment Of Mirjan Damaška's Evidence Law Adrift, Samuel R. Gross Jan 1998

Law In The Backwaters: A Comment Of Mirjan Damaška's Evidence Law Adrift, Samuel R. Gross

Reviews

The most problematic part of Professor Mirjan Damaška's fine book is the title.' Professor Damaška does an excellent job of situating American evidence law in the procedural context in which American trials occur. He identifies three major procedural elements. First, juries are traditionally cited as the primary or sole explanation for our extensive set of exclusionary rules, which are said to express mistrust of lay adjudicators. Professor Damaška points out as well that lay juries permit a divided court, with a professional judge who has exclusive control over "questions of law," and that this division is necessary for the operation …


Review Of Free Speech In Its Forgotten Years, Terrance Sandalow Jan 1998

Review Of Free Speech In Its Forgotten Years, Terrance Sandalow

Reviews

The gulf that separates contemporary understanding of the First Amendment from that which prevailed in earlier years emerges with striking clarity in this absorbing book by David Rabban,a former AAUP staff counsel who is now professor of law at the University of Texas and the AAUP's general counsel.


Confrontation: The Search For Basic Principles, Richard D. Friedman Jan 1998

Confrontation: The Search For Basic Principles, Richard D. Friedman

Articles

The Sixth Amendment to the Constitution guarantees the accused in a criminal prosecution the right "to be confronted with the Witnesses against him."' The Confrontation Clause clearly applies to those witnesses who testify against the accused at trial. Moreover, it is clear enough that confrontation ordinarily includes the accused's right to have those witnesses brought "face-toface," in the time-honored phrase, when they testify.2 But confrontation is much more than this "face-to-face" right. It also comprehends the right to have witnesses give their testimony under oath and to subject them to crossexamination. 3 Indeed, the Supreme Court has treated the accused's …


Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert Jan 1998

Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert

Reviews

Let me state my biases at the start. I am a great fan of Professor Damaska and have been ever since I read his first book, The Faces of Justice and State Authority. Professor Damaska's most recent book, Evidence Law Adrift, adds to my admiration. In Evidence Law Adrift Professor Dama~ka examines Continental and Anglo-American trial procedures and argues that changes in the way Anglo-American courts resolve cases, especially the marginalization of the jury trial, strip common law evidence doctrine of its theoretical base and place it in danger of becoming an intellectual curiosity confined, in Professor Damaska's words, "to …


Liberalism Stumbles In Tennessee, Donald J. Herzog Jan 1998

Liberalism Stumbles In Tennessee, Donald J. Herzog

Reviews

The Scopes trial will never be the same. I mean the trial immortalized in Inherit the Wind,' with its Southerners clutching in vain to their cozy scientific illiteracy and mechanically literal faith in the Bible, its idiotic intolerant Southerners destined to fall to the gale winds of modernity, liberalism, secularism, and skepticism embodied by a heroic ACLU and the inimitable Clarence Darrow. So what if Scopes got convicted? Surely the trial made a laughingstock of everything Tennessee stood for in banning the teaching of evolution from the public schools. And in a touch worthy of a gruesome morality play, William …


Anchors And Flotsam: Is Evidence Law 'Adrift'?, Richard D. Friedman Jan 1998

Anchors And Flotsam: Is Evidence Law 'Adrift'?, Richard D. Friedman

Reviews

Difference, as well as distance, yields perspective. A comparison of legal systems may search for common underlying principles, or for lessons that one system might learn from another. But it may also be aimed primarily at illuminating one system by light shed from another. This is the aim of Evidence Law Adrift, Mirjan Damagka's elegant study of the common law system of evidence, and he is ideally suited for the task. Born and schooled in Continental Europe, he has lived and taught in the United States for twenty-five years. His relation to the common law system of evidence is, I …


How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine Jan 1998

How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine

Articles

The Wagner Act of 1935, the original National Labor Relations Act (NLRA), has been called "perhaps the most radical piece of legislation ever enacted by the United States Congress."' But Supreme Court interpretations supposedly frustrated the utopian aspirations for a radical restructuring of the workplace." Similarly, according to another commentator, unnecessary language in one of the Court's earliest NLRA cases "drastically undercut the new act's protection of the critical right to strike."'


Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman Jan 1998

Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman

Articles

This article draws on the history of the hearsay rule, and on recent decisions of the European Court of Human Rights, to argue that the right to confrontation should be recognised as a basic principle of the law of evidence, and that aspects of the Law Commission's proposals for reform of the hearsay rule, and of the Home Office's proposals for restrictions on the right of cross-examination, are therefore unsatisfactory.


Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert Jan 1998

Built On Lies: Preliminary Reflections On Evidence Law As An Autopoetic System, Richard O. Lempert

Articles

This Symposium on Truth and Its Rivals seems most concerned with what one might think of as the "output" side of evidence law that is, whether the rules of evidence enhance the likelihood that trial verdicts will capture the true state of the matter giving rise to the litigation. From this perspective, the legitimate rivals to truth are values that may justify decisions that eclipse the truth. The most obvious examples are rules of privilege, which allow probative information to remain concealed even where it is essential to accurate fact finding.


The Death Of A Friendly Critic, James J. White Jan 1998

The Death Of A Friendly Critic, James J. White

Articles

Our colleague, Andy Watson, died April 2. Andy was one of the handful of preeminent law professor/psychiatrists. In that role he wrote dozens of articles and several important books, including Psychiatry for Lawyers, a widely used text. I do not write to remind us of his scholarly work, of his strength as a clinical and classroom teacher, or of his prominence as a forensic psychiatrist. I write to remind us of his powerful criticism of our teaching. On the occasion of his death, it is right to recognize his influence on the law school curriculum and to consider whether his …


Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers Jan 1998

Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers

Articles

Lesbian couples who break up will find themselves in an awkward position under the law for two separable but related reasons. The first is that, because they were unmarried, they are subjected by the law to much the same uneven and ambivalent treatment to which unmarried heterosexual couples are subjected. The second, of course, is that they are gay or lesbian and thus regarded with special disfavor even in some states that have become more tolerant of unmarried heterosexual relationships. As a law teacher who is gay and who writes about family law issues relating to gay men and lesbians, …


Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White Jan 1998

Corporate Judgement Proofing: A Response To Lynn Lopucki's 'The Death Of Liability', James J. White

Articles

In "The Death of Liability" Professor Lynn M. LoPucki argues that American businesses are rendering themselves judgment proof.- Using the metaphor of a poker game, Professor LoPucki claims American businesses are increasingly able to participate in the poker game without putting "chips in the pot." He argues that it has become easier for American companies to play the game without having chips in the pot because of the ease with which a modern debtor can grant secured credit, because of the growth of the peculiar form of sale known as asset securitization, because foreign havens for secreting assets are now …


The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller Jan 1998

The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller

Articles

Why are many storefronts in Moscow empty, while street kiosks in front are full of goods? In this Article, Professor Heller develops a theory of anticommons property to help explain the puzzle of empty storefronts and full kiosks. Anticommons property can be understood as the mirror image of commons property. By definition, in a commons, multiple owners are each endowed with the privilege to use a given resource, and no one has the right to exclude another When too many owners hold such privileges of use, the resource is prone to overuse - a tragedy of the commons. Depleted fisheries …


Focus On Faculty, William I. Miller Jan 1998

Focus On Faculty, William I. Miller

Other Publications

Of late my interests, by free association and devious paths, have shifted to the emotions, especially those passions that accompany our moral and social failures.


Focus On Faculty, Richard D. Friedman Jan 1998

Focus On Faculty, Richard D. Friedman

Other Publications

Professor Richard Friedman talks about his scholarship and work.