Law Commons^™

Qualitative Standards For Qualified Securities: Sec Regulation Of Voting Rights, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Qualitative Standards For 'Qualified Securities': Sec Regulation Of Voting Rights, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Surrogate Parenthood, George J. Annas, John Robertson

Faculty Scholarship

Does a surrogate mother have the right to change her mind? Not according to the Baby M court, which enforced a $10,000 contract between Mary Beth Whitehead and William and Elizabeth Stern that it found was "in the best interests of the child." The decision is now on appeal before the New Jersey Supreme Court.

The case has produced sharply divided reaction-some denounce surrogate arrangements as Orwellian while others see them as a boon to childless couples.

George Annas, a professor of health law at Boston University's School of Public Health, would void these contracts on policy grounds. He believes …

Is Firpta (Partially) Obsolete?, Alan L. Feld

Faculty Scholarship

The Treasury's recent list of Subchapter C issues for study contained a long section on foreign matters. Although the section twice mentioned FIRPTA, it did not treat FIRPTA itself as a subject for reevaluation in the light of the 1986 Act. It should have. Repeal of the General Utilities principle rendered the corporate provisions of FIRPTA largely obsolete. The continuing effects of the FIRPTA rules should be considered against the background of the new corporate tax rules.

Substance, Process And Outcome In Constitutional Theory, David B. Lyons

Faculty Scholarship

Scholarship in philosophy proceeds at a slower pace than in the law. As Tom Lehrer, the poet laureate of a recent generation, might have said, the law biz travels on a faster track. Or so it seems to a philosopher who has recently been treading the tracks of constitutional lawyers.

And so it is with apprehension that I take as my text a book that was published as long ago as 1980. As the title of this lecture might suggest to someone with so long a memory, the book is John Hart Ely's Democracy and Distrust.' That work provoked an …

The Independent Corporate Board: A Means To What End?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Conflict Of Law (1987), James Paul George, Fred C. Pedersen

Faculty Scholarship

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions are all foreign elements that may create problems in judicial jurisdiction, choice of law, or the recognition of foreign judgments. This Article reviews Texas conflict of laws during the Survey period from late 1985 through 1986. The Survey includes cases from Texas state and federal courts, and non-Texas cases affecting Texas practice. Excluded are cases involving federal/state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as …

On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum

Faculty Scholarship

This essay investigates the indeterminacy thesis - roughly the claim that the content of authoritative legal materials (such as the texts of constitutions, statutes, cases, rules, and regulations) does not determine the outcome of particular legal disputes. The indeterminacy thesis can be formulated as either "strong" or weak." The strong version of the indeterminacy thesis is demonstrably false, but several weak versions of the thesis are true but lack the radical implications of strong indeterminacy.

The strong indeterminacy thesis is the claim that all cases are "hard" cases - or that in any case any conceivable result can be derived …

Giving Credit Where Credit Is Due: The Role Of The Noneconomic Contribution Of The Physical Custodian In Establishing Child Support, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

The Privileges And Immunities Clause Of Article Iv, David S. Bogen

Faculty Scholarship

No abstract provided.

On Sugarman On Tort-Chopping, Oscar S. Gray

Faculty Scholarship

No abstract provided.

State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The Right To Medical Treatment, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The Passive Activity Loss Rules: Planning Considerations, Techniques, And A Foray Into Never-Never Land, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Rush To Judgment: Hiv Test Reliability And Screening, Taunya Lovell Banks, Roger R. Mcfadden

Faculty Scholarship

No abstract provided.

Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah J. Weimer

Faculty Scholarship

No abstract provided.

The Election Of Directors And Chapter 11--The Second Circuit Tells Stockholders To Walk Softly And Carry A Big Lever, Michael A. Gerber

Faculty Scholarship

No abstract provided.

(Part 2) Chapter 7 Cases: Do Erisa And The Bankruptcy Code Conflict As To Whether A Debtor's Interest In Or Rights Under A Qualified Plan Can Be Used To Pay Claims, Donna Litman

Faculty Scholarship

No abstract provided.

(Part 1) Chapter 7 Cases: Do Erisa And The Bankruptcy Code Conflict As To Whether A Debtor's Interest In Or Rights Under A Qualified Plan Can Be Used To Pay Claims, Donna Litman

Faculty Scholarship

No abstract provided.

Insurance Law: Public Policy Permits Insuring Against One's Own Intentional Acts Of Discrimination, Daniel B. Yeager

Faculty Scholarship

No abstract provided.

Medical And Psychotherapy Privileges And Confidentiality: On Giving With One Hand And Removing With The Other, Steven R. Smith

Faculty Scholarship

This Article reviews both the giving and the taking away: the protections afforded to confidentiality by privileges and legal duties, and the way those protections are eroded. The duties of professionals and others to maintain confidences are noted, but testimonial privileges are emphasized. This Article proposes reforms in the way we try to protect confidentiality and suggests that the protection of therapy confidences be dealt with as a coherent whole (privileges and obligations of confidentiality should be dealt with together). Exceptions to privileges should be reduced and narrowed, and federal law should recognize the desirability of a consistent approach to …

1787: The Constitution And “The Curse Of Heaven”, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

A Judicial Declaration Of Martial Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Rethinking The Teaching Of Civil Procedure, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Summary Judgment And Case Management, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.

Faculty Scholarship

Today, virtually everyone has a proposal for "reforming" class action litigation but both consensus and coherence are lacking. Some proposals are bluntly restrictive. For example, the Reagan Administration would reduce attorney's fees, place a ceiling on product liability, and partially repeal treble damage statutes. In the same vein, the United States Supreme Court has shown itself parsimonious on the question of fee awards, by authorizing fee waivers, approving offers of settlement that seemingly permit fee shifting against the plaintiff's attorney, and curtailing the traditional bases on which a fee award may be enhanced. Other proposals have offered essentially neutral procedural …

Rent Seeking And The Compensation Principle, Thomas W. Merrill

Faculty Scholarship

The reaction to Richard Epstein's Takings has been almost universally negative. Joseph Sax finds Epstein the "prisoner of an intellectual style so confining and of a philosophy so rigid that he has disabled himself from seeing problems as beyond the grasp of mere formalism." Thomas Grey concludes that "Takings belongs with the output of the constitutional lunatic fringe" and is "a travesty of constitutional scholarship." Thomas Ross, writing in this Law Review, says that, at least from an academic perspective, Takings is "a patent and howling failure." Epstein has provoked even the student editors of the Harvard Law Review …

Are We A Nation Of Tax Cheaters? New Econometric Evidence On Tax Compliance, Jeffrey A. Dubin, Michael J. Graetz, Louis L. Wilde

Faculty Scholarship

In 1982, then Commissioner of Internal Revenue Roscoe Egger reported to Congress that legal sector noncompliance with the Federal Income Tax statutes generated an "income tax gap" of $81 billion in 1981, up from $29 billion in 1973. He further projected a gap of $120 billion for 1985 (U.S. Congress, 1982). Perceptions of accelerating noncompliance inspired a crisis mentality within the Internal Revenue Service, Congress, and the tax bar.

The IRS responded in part by funding a major independent study of tax noncompliance via the National Academy of Sciences, and the American Bar Foundation initiated an investigation of its own …

Church-State Relations And Religious Convictions, Kent Greenawalt

Faculty Scholarship

Since the title of my talk is hardly self-explanatory, I want to begin by outlining my topic. My overall concern is with the proper place of religious convictions in lawmaking in our society. My special focus is on the place of religious convictions in the political resolution of churchstate issues.

Wade H. Mccree, Jr., Lee C. Bollinger

Faculty Scholarship

Wade McCree was a member of the Michigan Law School faculty for six years. He came to us not as a young and inexperienced person but as a distinguished jurist and public official. He was the Lewis M. Simes Professor of Law. He taught courses on constitutional litigation, the legal profession, and constitutional law.

Now these are the biographical details of Wade McCree's time with the Law School. But what images remain and will remain upon our parting? What is the spirit that Professor McCree added to our institution, to us as students and as colleagues?