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Michigan Law Review

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Full-Text Articles in Law

Remedies For Environmental Racism: A View From The Field, Luke W. Cole Jun 1992

Remedies For Environmental Racism: A View From The Field, Luke W. Cole

Michigan Law Review

The Michigan Law Review's recent Note, Remedying Environmental Racism, is an important and timely analysis of a civil rights law-based approach to environmental justice work - one of the first to emerge from legal academia. It correctly points out the high hurdles that toxic racism's victims must overcome to successfully pursue such a strategy. Godsil's piece will hopefully spur more academic and on-the-ground work in this nascent legal field, which I call "environmental poverty law" - that is, representing low-income communities (often, in this field, communities of color) facing environmental hazards. As a practitioner of environmental poverty law …


A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr Jun 1992

A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr

Michigan Law Review

To provide some insight into the nature of these disagreements, and to suggest a possible solution to the compensation issue, this article undertakes a critical reexamination of the takings jurisprudence. It focuses on the two bases which the modem Court has articulated as support for its resolution of the compensation issue: (1) the articulated purpose of using the just compensation requirement "to bar Government from forcing some people alone to bear public burdens"; and (2) the early case law. Beginning with the Court's first struggles with the compensation issue in the late nineteenth and early twentieth century, this article traces …


Voluntary Intoxication: A Defense To Intentional Injury Exclusion Clauses In Homeowner's Policies?, Tracy E. Silverman Jun 1992

Voluntary Intoxication: A Defense To Intentional Injury Exclusion Clauses In Homeowner's Policies?, Tracy E. Silverman

Michigan Law Review

This Note argues that the current voluntary intoxication defense to the intentional injury exclusion clause should be modified to allow insurers subrogation rights against insureds who commit intentional acts while voluntarily intoxicated, subject to an exception for alcoholic insureds who successfully complete alcohol treatment programs. Part I discusses the public policy concerns of victim compensation and deterrence and how they influence courts deciding between the three traditional approaches to "intent." Part II analyzes the impact of these intent standards on courts' decisions to allow a voluntary intoxication defense and concludes that the defense as currently formulated promotes victim compensation at …


The Federal Courts In The Political Order: Judicial Jurisdiction And American Political Theory, James Hopenfeld May 1992

The Federal Courts In The Political Order: Judicial Jurisdiction And American Political Theory, James Hopenfeld

Michigan Law Review

A Review of The Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory by Martin H. Redish


Murdering The Spirit: Racism, Rights, And Commerce, Robin West May 1992

Murdering The Spirit: Racism, Rights, And Commerce, Robin West

Michigan Law Review

A Review of The Alchemy of Race and Rights: The Diary of a Law Professor by Patricia L. Williams


Zero-Sum Madison, Thomas W. Merrill May 1992

Zero-Sum Madison, Thomas W. Merrill

Michigan Law Review

A Review of Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky


Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian May 1992

Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian

Michigan Law Review

A Review of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism by Mark A. Graber


Reforming Products Liability, Suzanne M. Lambert May 1992

Reforming Products Liability, Suzanne M. Lambert

Michigan Law Review

A Review of Reforming Products Liability by W. Kip Viscusi


The Age Of Rights, Stephen D. Sencer May 1992

The Age Of Rights, Stephen D. Sencer

Michigan Law Review

A Review of The Age of Rights by Louis Henkin


Oh No! A New Bluebook!, James D. Gordon Iii May 1992

Oh No! A New Bluebook!, James D. Gordon Iii

Michigan Law Review

A Review of The Bluebook: A Uniform System of Citation


Memoirs Of A General In The Inglorious Revolution, Lawrence G. Sagar May 1992

Memoirs Of A General In The Inglorious Revolution, Lawrence G. Sagar

Michigan Law Review

A Review of Order and Law: Arguing the Reagan Revolution: A First-Hand Account by Charles Fried


Deliberating About Deliberation, Frederick Schauer May 1992

Deliberating About Deliberation, Frederick Schauer

Michigan Law Review

A Review of We the People: 1: Foundations by Bruce Ackerman


On Reading The Constitution, Bruce Fein May 1992

On Reading The Constitution, Bruce Fein

Michigan Law Review

A Review of On Reading the Constitution by Laurence H. Tribe and Michael C. Dorf


Imagining A Free Press, Geoffrey R. Stone May 1992

Imagining A Free Press, Geoffrey R. Stone

Michigan Law Review

A Review of Images of a Free Press by Lee C. Bollinger


Rhetorical Slavery, Rhetorical Citizenship, Gerald L. Neuman May 1992

Rhetorical Slavery, Rhetorical Citizenship, Gerald L. Neuman

Michigan Law Review

A Review of American Citizenship: The Quest for Inclusion by Judith N. Shklar


Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner May 1992

Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner

Michigan Law Review

A Review of Illiberal Education: The Politics of Race and Sex on Campus by Dinesh D'Souza


Whose World And How?, Milner S. Ball May 1992

Whose World And How?, Milner S. Ball

Michigan Law Review

A Review of Rethinking the American Race Problem by Roy L. Brooks


Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross May 1992

Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross

Michigan Law Review

A Review of Affirmative Action at Work: Law Politics, and Ethics by Bron Raymond Taylor


The Integration Of Religious Liberty, John Witte Jr. May 1992

The Integration Of Religious Liberty, John Witte Jr.

Michigan Law Review

A Review of A Nation Dedicated to Religious Liberty: The constitutional Heritage of the Religion Clauses by Arlin M. Adams and Charles J. Emmerich


The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp May 1992

The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp

Michigan Law Review

A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie


Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole May 1992

Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole

Michigan Law Review

A Review of In Defense of American Liberties: A History of the ACLU by Samuel Walker


Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde May 1992

Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde

Michigan Law Review

A Review of Black Hills/White Justice: The Sioux Nation Versus the United States by Edward Lazarus


Law And Public Choice: A Critical Introduction, William Dubinsky May 1992

Law And Public Choice: A Critical Introduction, William Dubinsky

Michigan Law Review

A Review of Law and Public Choice: A Critical Introduction by Daniel A. Farber and Philip P. Frickey


Conceptions Of Value In Legal Thought, Richard H. Pildes May 1992

Conceptions Of Value In Legal Thought, Richard H. Pildes

Michigan Law Review

A Review of Love's Knowledge by Martha C. Nussbaum


Playing With The Rules, Mark V. Tushnet May 1992

Playing With The Rules, Mark V. Tushnet

Michigan Law Review

A Review of Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and Life by Frederick Schauer


The Realm Of Rights, Richard J. Mooney May 1992

The Realm Of Rights, Richard J. Mooney

Michigan Law Review

A Review of The Realm of Rights by Judith Jarvis Thomson


Scholarship Of The Absurd: Bob Bork Meets The Bald Soprano, Alex Kozinski May 1992

Scholarship Of The Absurd: Bob Bork Meets The Bald Soprano, Alex Kozinski

Michigan Law Review

A Review of Antitrust Economics on Trial: A Dialogue on the New Laissez-Faire by Walter Adams and James W. Brock


Down Bankruptcy Lane, John D. Ayer May 1992

Down Bankruptcy Lane, John D. Ayer

Michigan Law Review

A Review of Strategic Bankruptcy: How Corporations and Creditors Use Chapter 11 to Their Advantage by Kevin J. Delaney and Corporate Welfare by Laurence H. Kallen and A Feast for Lawyers/Inside Chapter 11: An Exposé by Sol Stein


The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren May 1992

The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren

Michigan Law Review

A Review of The Nature of Copyright: A Law of Users' Rights by L. Ray Patterson and Stanley W. Lindberg


Irreparability Irreparably Damaged, Doug Rendleman May 1992

Irreparability Irreparably Damaged, Doug Rendleman

Michigan Law Review

A Review of The Death of the Irreparable Injury Rule by Douglas Laycock