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Articles 2371 - 2400 of 11192
Full-Text Articles in Law
Federal Court Review Of Arbitrary State Court Decisions, David T. Azrin
Federal Court Review Of Arbitrary State Court Decisions, David T. Azrin
Michigan Law Review
Part I of this Note argues that the Thompson, Logan, and Hicks cases can be read narrowly to deal primarily with concern about protecting specific constitutional guarantees such as criminal procedural protections, equal protection guarantees, and first amendment freedoms. Arguably, in order to avoid dealing explicitly with the broader constitutional questions raised by the state decisions, the Court reversed the state decisions as arbitrary interpretations of state law. Part II argues that the rule against arbitrary state decisions suggested by Thompson, Logan, and Hicks is incompatible with federalism because it interferes with states' ability to develop law over state …
The Promise Of State Takeover Statutes, Richard A. Booth
The Promise Of State Takeover Statutes, Richard A. Booth
Michigan Law Review
The purpose of this article is, first, to describe the problems associated with two-tier tender offers and the closely related, and perhaps still more coercive, partial tender offer. Second, the article will address the natural question why such offers have not already been banned, suggesting a better view of what coercion means in the context of a tender offer. Third, the article will offer a management-oriented view of coercion, explaining the legitimate interests of managers (and other groups) in resisting takeovers, as well as how greenmail and poison pills, though subject to abuse, can be used quite properly to combat …
A Bibliography Of The Works Of William W. Bishop, Jr., Michigan Law Review
A Bibliography Of The Works Of William W. Bishop, Jr., Michigan Law Review
Michigan Law Review
A Bibliography of the Works of William W. Bishop, Jr.
William W. Bishop, Jr., Thomas E. Kauper
William W. Bishop, Jr., Thomas E. Kauper
Michigan Law Review
A tribute to William Warner Bishop, Jr.
Remarks On The Occasion Of The Memorial Service For William Warner Bishop, Jr. Held At The Lawyers' Club On January 22, 1988, Elizabeth Gaspar Brown
Remarks On The Occasion Of The Memorial Service For William Warner Bishop, Jr. Held At The Lawyers' Club On January 22, 1988, Elizabeth Gaspar Brown
Michigan Law Review
A tribute to William Warner Bishop, Jr.
William W. Bishop, Jr., Sudhir K. Chopra
William W. Bishop, Jr., Sudhir K. Chopra
Michigan Law Review
A tribute to William Warner Bishop, Jr.
Territoriality And The Perils Of Formalism, Mark P. Gergen
Territoriality And The Perils Of Formalism, Mark P. Gergen
Michigan Law Review
Recently in this journal Donald Regan published a pair of essays on CTS Corp. v. Dynamics Corp. of America. Much of the first essay elaborates his theory that what the Supreme Court should be doing and what it is doing under the dormant commerce clause is checking state laws adopted with a substantial protectionist purpose. The rest of the first essay and all of the second essay develop a different check on state lawmaking power in interstate affairs: a rule that states may not regulate conduct beyond their borders. He calls this the extraterritoriality principle. Elsewhere I have questioned …
William W. Bishop, Jr., John H. Jackson
William W. Bishop, Jr., John H. Jackson
Michigan Law Review
A tribute to William Warner Bishop, Jr.
Clarifying A "Pattern" Of Confusion: A Multi-Factor Approach To Civil Rico's Pattern Requirement, Ethan M. Posner
Clarifying A "Pattern" Of Confusion: A Multi-Factor Approach To Civil Rico's Pattern Requirement, Ethan M. Posner
Michigan Law Review
In an attempt to provide some needed definitional clarity and redirect civil RICO toward its intended focus, this Note argues that the federal judiciary should interpret the pattern requirement narrowly, focusing on four basic factors that best demonstrate a prolonged, continuing example of criminal activity. By emphasizing (1) the presence of multiple victims, (2) the duration of the RICO defendant's criminal activity, (3) the number of illicit commercial transactions, and (4) the existence of independent criminal decisions, courts could consistently limit civil RICO to the most pernicious offenders. Part I of this Note will examine judicial interpretations of RICO and …
Omnibus Taxpayers' Bill Of Rights Act: Taxpayers' Remedy Or Political Placebo?, Creighton R. Meland Jr.
Omnibus Taxpayers' Bill Of Rights Act: Taxpayers' Remedy Or Political Placebo?, Creighton R. Meland Jr.
Michigan Law Review
This Note examines whether the bill, as drafted, addresses the problems which spawned it. It anticipates the bill's effects on existing law and identifies areas where the bill would likely create new problems in the administration of the federal tax laws. It further identifies areas where the bill would solve problems. This Note concludes that (1) the bill's audit provisions will not significantly expand taxpayer rights, and may in fact disrupt the audit process; (2) except for safeguards for installment agreements, the bill's attempts to reform IRS collections procedures will not achieve its intended objectives; and (3) the bill's damages …
The Apologetics Of Suppression: The Regulation Of Pornography As Act And Idea, Steven G. Gey
The Apologetics Of Suppression: The Regulation Of Pornography As Act And Idea, Steven G. Gey
Michigan Law Review
The first three parts of this article discuss in detail the relationship between the Supreme Court's obscenity rulings and the academic theories that have been offered to bolster the conclusions reached by the Court in this area. Part IV of the article considers a contrary theory of free expression that requires constitutional protection for the dissemination and possession of pornography. In this section I argue that the present efforts to ban pornography are directly linked to a tolerance model of free expression. The tolerance model, which is usually contrasted with an analytical approach characterized by Holmesian skepticism, necessarily relies upon …
Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis
Law, Science, And History: Reflections Upon In The Best Interests Of The Child, Peggy C. Davis
Michigan Law Review
A Review of In the Best Interests of the Child by Joseph Goldstein, Anna Freud, Albert J. Solnit, and Sonja Goldstein
The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter
The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter
Michigan Law Review
A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet
Legislatures And Legal Change: The Reform Of Divorce Law, Carl E. Schneider
Legislatures And Legal Change: The Reform Of Divorce Law, Carl E. Schneider
Michigan Law Review
A Review of A Silent Revolution: Routine Policy Making and the Transformation of Divorce Law in the United States by Herbert Jacob
Democratic Education, Jonathan Marks
Democratic Education, Jonathan Marks
Michigan Law Review
A Review of Democratic Education by Amy Gutmann
Adventures In Finance, Deborah A. Demott
Adventures In Finance, Deborah A. Demott
Michigan Law Review
A Review of Finance and Industrial Performance in a Dynamic Economy: Theory, Practice, and Policy by Merritt B. Fox
What Has Happened To The Tax Legislative Process?, Pamela Brooks Gann
What Has Happened To The Tax Legislative Process?, Pamela Brooks Gann
Michigan Law Review
A Review of Showdown at Gucci Gulch: Lawmakers, Lobbyists and the Unlikely Triumph of Tax Reform by Jeffrey H. Birnbaum and Alan S. Murray
Questioning Broadcast Regulation, Jonathan Weinberg
Questioning Broadcast Regulation, Jonathan Weinberg
Michigan Law Review
A Review of Seven Dirty Words and Six Other Stories: Controlling the Content of Print and Broadcast by Matthew L. Spitzer
Public Prayer And The Constitution, Ethan M. Posner
Public Prayer And The Constitution, Ethan M. Posner
Michigan Law Review
A Review of Public Prayer and the Constitution by Rodney K. Smith
Redefining The Supreme Court's Role: A Theory Of Managing The Federal Judicial Process, Robert S. Whitman
Redefining The Supreme Court's Role: A Theory Of Managing The Federal Judicial Process, Robert S. Whitman
Michigan Law Review
A Review of Redefining the Supreme Court's Role: A Theory of Managing the Federal Judicial Process by Samuel Estreicher and John Sexton
Modern Investment Management And The Prudent Man Rule, Creighton R. Meland Jr.
Modern Investment Management And The Prudent Man Rule, Creighton R. Meland Jr.
Michigan Law Review
A Review of Modern Investment Management and the Prudent Man Rule by Bevis Longstreth
Capital Punishment And The American Agenda, John Pierce Stimson
Capital Punishment And The American Agenda, John Pierce Stimson
Michigan Law Review
A Review of Capital Punishment and the American Agenda by Franklin E. Zimring and Gordon Hawkins
Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover
Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover
Michigan Law Review
A Review of Encyclopedia of the American Constitution by Leonard Levy, Kenneth Karst and Dennis Mahoney
The Public Defender, Robert R. Kimball
The Public Defender, Robert R. Kimball
Michigan Law Review
A Review of The Public Defender by Lisa J. McIntyre
Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak
Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak
Michigan Law Review
A Review of Crimewarps: The Future of Crime in America by Georgette Bennett
Constitutional Policymaking In The Burger Years, Joel B. Grossman
Constitutional Policymaking In The Burger Years, Joel B. Grossman
Michigan Law Review
A Review of The Burger Years: Rights and Wrongs in the Supreme Court 1969-1986 by Herman Schwartz
Essays On Kelsen, Julio A. Thompson
Essays On Kelsen, Julio A. Thompson
Michigan Law Review
A Review of Essays on Kelsen edited by Richard Tur and William Twining
Personal Responsibility And Public Integrity, J. Patrick Dobel
Personal Responsibility And Public Integrity, J. Patrick Dobel
Michigan Law Review
A Review of Political Ethics and Public Office by Dennis Thompson
New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors
New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors
Michigan Law Review
A Review of New Deal Labor Policy and the American Industrial Economy by Stanley Vittoz
Natural Law And Justice, Heidi Li Feldman
Natural Law And Justice, Heidi Li Feldman
Michigan Law Review
A Review of Natural Law and Justice by Lloyd L. Weinreb