Law Commons^™

Due Process And Consumer Protection: Concepts And Realities In Procedure And Substance–Class Action Issues, James R. Mccall

Faculty Scholarship

No abstract provided.

Due Process And Consumer Protection: Concepts And Realities In Procedure And Substance–Repossession And Adhesion Contract Issues, James R. Mccall

Faculty Scholarship

No abstract provided.

1973 Annual Survey Of Michigan Law: Insurance, Kevin H. Tierney

Faculty Scholarship

No abstract provided.

Hart And Wechsler's The Federal Courts And Federal System, Henry Paul Monaghan

Faculty Scholarship

The first edition of Hart & Wechsler's The Federal Courts and the Federal System, published in i953, has deservedly achieved a reputation that is extraordinary among casebooks and, indeed, rare even among learned treatises. Hart & Wechsler I is more than a stimulating collection of cases and basic source material, and its scope is not confined to the operation and functioning of the federal courts in the federal system. Through its extensive notes and its inimitable leading questions, the book constantly raised questions which have "prodded … students and [teachers] to think over their heads about the deepest problems …

Mr. Justice Douglas, Michael I. Sovern

Faculty Scholarship

The American people are always interested in record-breakers, whether it be in the field of sports, politics, economics or any other phase of American life. In sports, it might be a Babe Ruth or a Hank Aaron; in politics, a Lincoln or a Roosevelt; in economics, a Rockefeller or a Ford.

And so it is in the judiciary, whether it be a Marshall, Hughes, Holmes or Brandeis. Most of their records in some respects are related to longevity, but the thrust of our admiration stems not from that fact but from some great contribution to the affairs of their day. …

Changing Directions At Columbia, Michael I. Sovern

Faculty Scholarship

Each period in history handles reform in its own way. In the earlier days we placed a heavy emphasis on legal realism. We stressed the need to adapt the learning of other disciplines to legal education and to bring the learning of other disciplines into the law school instructional program. As you know, that is an incomplete revolution. It remains a part of our present concern, but our focus today is different.

Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph Sweeney

Faculty Scholarship

No abstract provided.

The Characterization Of A Vessel As A Common Or Private Carrier, Frank Chiang

Faculty Scholarship

No abstract provided.

Beyond The Best Interests Of The Child, Joanna B. Strauss, Peter Strauss

Faculty Scholarship

Identifying just principles for minimizing and resolving disputes over child custody remains one of the law's knots. King Solomon's renowned gambit for resolving the claims of two women to a newborn child was in fact the easy case: only one of the two contenders had a just claim; only one of the two contenders was prepared to be responsible; and in that first of reported cases, the judge had the advantage of surprise. Yet where each potential custodian has a claim, where each is equally prepared (or unprepared) to sacrifice his interests for the child, and where the rules of …

Rules, Adjudications, And Other Sources Of Law In An Executive Department: Reflections On The Interior Department's Administration Of The Mining Law, Peter L. Strauss

Faculty Scholarship

Professor Strauss presents in this article a detailed case study of policymaking by the Department of the Interior in its administration of mining law. The antiquated nature of the General Mining Law of 1872, essentially unchanged since its enactment, has placed a great responsibility for "writing" the law of mining claims upon the Department, highlighting the problems that exist with the Department's internal allocation of its policymaking function.

The focus of this piece is a study of those problems and an examination of possible remedies. Professor Strauss criticizes, in particular, the inaccessibility of Department "law" and the Department's excessive reliance …

The Individualization Of Excusing Conditions, George P. Fletcher

Faculty Scholarship

The excusing conditions of the criminal law are variations of the theme "I couldn't help myself' or "I didn't mean to do it." In this respect the defenses known as necessity, duress, insanity and mistake of law are but extensions of homely, routine apologies for causing harm and violating the rules of social and family life. While we use the plea "I couldn't help myself" to cover the full range of excusing circumstances, each of the formal excuses of the criminal law has a limited sphere. As a general matter, these spheres are dictated by the type of circumstances rendering …

An Obvious Wrong Does Not Make A Right: Manufacturers’ Liability For Patently Dangerous Products, Patricia Marschall

Faculty Scholarship

No abstract provided.

Another Word On Child Care, Alan L. Feld

Faculty Scholarship

Professors Schaffer and Berman have written a stimulating brief in support of a deduction for child care expenses in computing federal taxable income. But, in addition, by the range of considerations which their article takes into account, it illustrates the difficulty in opting for deductibility or nondeductibility on the basis of a rational consideration of income tax policies. The difficulty derives primarily from the fact that child care expenditures partake of both a personal (consumption) element and a business (income earning) element.¹ To the extent it represents the latter, it does not represent personal income appropriately subject to tax; …

On Formal Justice, David B. Lyons

Faculty Scholarship

A number of legal and political theorists have suggested that public officials who fail to act within the law that they administer act unjustly. This does not mean that injustice is always likely to be done merely because it often happens to be done when officials depart from the law. Some writers have held that injustice is done whenever an official fails to act within the law, regardless of the circumstances. I shall call this type of view "formal justice."

Regulation Of Variable Life Insurance, Tamar Frankel

Faculty Scholarship

On November 29, 1971 the American Life Convention and Life Insurance Association of America filed a petition with the Securities and Exchange Commission (SEC) to exempt certain variable life insurance policies and separate accounts funding them from the provisions of the federal securities acts.¹ The petition had been preceded by informal negotiations by the insurance industry for a decision by the SEC "not to assert jurisdiction" over such policies and accounts.² The Commission's staff declined to recommend primarily because the staff felt that other interested parties ought to be heard before a determination was made which might adversely …

Technology Assessment And Social Control, Michael S. Baram

Faculty Scholarship

The emerging concepts of corporate responsibility and technology assessment are, to a considerable extent, responses to problems arising from technological developments and their applications by industry and government. These problems appear in the relatively discrete sectors of consumer protection and occupational safety and in the diffuse sectors of community quality of life and the national and international environments.

The Delivery Of Legal Services: Some Ethical Considerations In The Use Of Law Students, Roger C. Wolf

Faculty Scholarship

No abstract provided.

Section 4(F) Of The Department Of Transportation Act, Oscar S. Gray

Faculty Scholarship

No abstract provided.

Court Reform In England, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Financing The American Dream: Equality And School Taxes, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Part Ii: Procedural Law - Evidence (1973), Frank W. Elliott

Faculty Scholarship

During the past year the cases of greatest significance in the law of evidence seem to fall under the general classification of hearsay. Each of the cases selected for examination considers several exceptions to the hearsay rule.

Regulation Of Health Facilities And Services By “Certificate Of Need”, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne

Faculty Scholarship

It is commonplace that the Constitution of the United States restricts democratic government, and that it does so as determined by the Supreme Court pursuant to its power of substantive constitutional review.

The Role Of The Access Doctrine In The Regulation Of The Mass Media: A Critical Review And Assessment, David L. Lange

Faculty Scholarship

No abstract provided.

Basic Concepts & Objectives Of Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Conflict Of Laws In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson

Faculty Scholarship

No abstract provided.

Neumeier V. Kuehner: Where Are The Emperor's Clothes?, Aaron Twerski

Faculty Scholarship

No abstract provided.

Law School Admissions: A Different View, Peter A. Winograd

Faculty Scholarship

Contrary to the impression that may have been created by some recent articles, most law schools do not conduct their admissions procedure "by the numbers." Critics of law school admissions practices cite statistics that can be misleading and tend to inflate the number of law school applicants. The solution to the "admissions crisis" may be to spread the applicants over more schools.