Law Commons^™

Trade Restrictions, Federalism, And The Judiciary: Comparative Perspectives, Mackenzie Stuart

Michigan Law Review

A Review of Courts and Free Markets: Perspectives From the United States and Europe edited by Terrance Sandalow and Eric Stein

The Sedition Of Free Speech, Lee C. Bollinger

Michigan Law Review

A Review of When Government Speaks: Politics, Law, and Government Expression in America by Mark G. Yudof

Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings

Michigan Law Review

A Review of Law and Society in Puritan Massachusetts: Essex County, 1629-1692 by David Thomas Konig, and Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825 by William E. Nelson, and Faithful Magistrates and Republican Lawyers: Creators of Virginia Legal Culture, 1680-1810 by A.G. Roeber

The New Deal Lawyers, Michigan Law Review

Michigan Law Review

A Review of The New Deal Lawyers by Peter H. Irons

Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review

Michigan Law Review

A Review of Reconstructing Reality in the Courtroom: Justice and Judgement in American Culture by W. Lance Bennett and Martha S. Feldman

Empty History, Erwin Chermerinsky

Michigan Law Review

A Review of Politics and the Constitution in the History of the United States, Volume 3: The Political Background of the Federal Convention by William Winslow Crosskey and William Jeffrey, Jr.

Roman Law Influence On The Civil Law, Charles Donahue Jr.

Michigan Law Review

A Review of The Making of the Civil Law by Alan Watson

Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review

Michigan Law Review

A Review of Who Speaks for the Child: The Problems of Proxy Consent edited by Willard Gaylin and Ruth Macklin

Inheritance, Wealth, And Society, Michigan Law Review

Michigan Law Review

A Review of Inheritance, Wealth, and Society by Ronald Chester

Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman

Anatomy Of Racism, Damon J. Keith

Michigan Law Review

A Review of Hearts and Minds: The Anatomy of Racism From Roosevelt to Reagan by Harry S. Ashmore

The Learning Years: A Review Of The Changing Legal World Of Adolescence, Bruce C. Hafen

Michigan Law Review

A Review of The Changing Legal World of Adolescence by Franklin E. Zimring

Just Schools: The Idea Of Racial Equality In American Education, Michigan Law Review

Michigan Law Review

A Review of Just Schools: The Idea of Racial Equality in American Education by David L. Kirp

So Reason Can Rule, Michigan Law Review

Michigan Law Review

A Review of So Reason Can Rule by Scott Buchanan

Poor People's Lawyers In Transition, Michigan Law Review

Michigan Law Review

A Review of Poor People's Lawyers in Transition by Jack Katz

The Prudent Peace: Law As Foreign Policy, Michigan Law Review

Michigan Law Review

A Review of The Prudent Peace: Law as Foreign Policy by John A. Perkins

The Conduct Of Just And Limited War, Michigan Law Review

Michigan Law Review

A Review of The Conduct of Just and Limited War by William V. O'Brien

Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller

Michigan Law Review

A Review of The Passive Judiciary by Abraham S. Goldstein

Watching The Judiciary Watch The Police, Jon O. Newman

Michigan Law Review

A Review of Police Practices and the Law: Essays from the Michigan Law ReviewThe University of Michigan Press

Reforming American Antitrust In Foreign Commerce, James A. Rahl

Michigan Law Review

A Review of Antitrust and American Business Abroad (Second Edition) by James R. Atwood and Kingman Brewster

A Book Review With An Eye To Ethics, William H. Erickson

Michigan Law Review

A Review of The Best Defense by Alan M. Dershowitz

Punishment By Imprisonment: Placing Ideology Into Concrete, David A. Ward

Michigan Law Review

A Review of Imprisonment in America: Choosing the Future by Michael Sherman and Gordon Hawkins

Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger

Michigan Law Review

A Review of The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose by Francis A. Allen

Controlling Jury Damage Awards In Private Antitrust Suits, Michigan Law Review

Michigan Law Review

This Note takes the position that the courts should better control jury manipulation in private antitrust actions. Part One suggests that manipulation is likely in such actions, and argues that this manipulation off ends the legislative judgment reflected in the trebling provision without leading to more equitable results. Part Two presents two complementary proposals to control jury manipulation of treble damage awards. These proposals aim to induce the jury to return accurate awards based on the economic loss actually suffered by the plaintiff.

The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen

Michigan Law Review

I shall set forth my thesis in Part I, using the Declaration of Independence ("all men are created equal") to illustrate that the emptiness of equality inheres in its very meaning, and that the confusions of equality result from neglecting its meaning. In Part II, I respond to Professors Chemerinsky's and D' Amato's reasons for believing that equality has independent normative content of its own. In Part III, I respond to Professor Chemerinsky's separate reasons for believing that equality is rhetorically useful.

In Defense Of Equality: A Reply To Professor Westen, Erwin Chemerinsky

Michigan Law Review

Part I of this essay analyzes Professor Westen's arguments that the concept of equality is unnecessary. My contention is that Professor Westen never demonstrates that equality is meaningless; his arguments only prove the obvious, that equality by itself is insufficient. Part II argues that equality is a necessary principle: It is the only concept that tells us that different treatment of people does matter. Part III addresses Professor Westen's suggestion that equality is misleading and points out that none of his criticisms of the idea of equality are in any way inherent to that concept. Finally, Part IV demonstrates that …

The Attorney-Client Privilege And The Corporate Client: Where Do We Go After Upjohn?, Michigan Law Review

Michigan Law Review

Part I of this Note examines two of the more popular standards, the Seventh Circuit's "subject matter test" and the Eighth Circuit's "modified subject matter test" and concludes that neither approach is entirely consistent with the purposes of the privilege. Part II argues that the courts should adopt the Eighth Circuit's test with two further modifications. One revision is but a demand for clarification and consistency: the courts should explicitly adopt Dean Wigmore's legal advice requirement for corporate clients. The other modification is more radical: the command requirement should be eliminated. Under this approach, every employee may stand in the …

Is Equality A Totally Empty Idea?, Anthony D'Amato

Michigan Law Review

Professor Peter Westen's essay asserting that the concept of equality has no substantive content whatsoever usefully brushes aside much of the equal-protection rhetoric that, as Westen carefully explains, appropriately belongs to substantive due process. However, his absolutist position is open to challenge. I would like to posit one hypothetical case that I used in my classes when I taught Constitutional Law that I think contradicts Professor Westen's thesis. If it does, then there will be other cases as well, and his position cannot stand as the logically tight construct that he repeatedly asserts that it is.

The Constitutional Status Of Marriage, Kinship, And Sexual Privacy -- Balancing The Individual And Social Interests, Bruce C. Hafen

Michigan Law Review

Today's lopsided competition between the individual and social interests has made the law a party to the contemporary haze that clouds our vision of what a family is or should be. In that sense, recent legal developments have contributed to the crisis Stanley Hauerwas has identified regarding American family life today - our inability to define "what kind of family should exist" and our inability to articulate ''why we should think of [the family] as our most basic moral institution."

In response to those two questions, this Article considers whether, as a constitutional matter, the courts should recognize claims by …