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Articles 2461 - 2490 of 11192
Full-Text Articles in Law
Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg
Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg
Michigan Law Review
Part I of this Note examines the current state of the law in the liquor affirmation area. Part II argues that the twenty-first amendment may not be invoked to justify the extraterritorial impact of these statutes. The amendment does not preempt the commerce clause in the liquor area. While it gives the states free rein over liquor internally, it provides no basis for any extraterritorial projection of liquor price regulation. Part III considers the commerce clause analysis of Brown-Forman and argues that any interstate effects of these statutes will cause them to violate the commerce clause. This section argues that …
An Interested Response To A "Wholly Disinterested Assessment": Lebel On Summers On Lebel On Summers On ….Er…Um…Oh, Yeah…Fuller, Paul A. Lebel
An Interested Response To A "Wholly Disinterested Assessment": Lebel On Summers On Lebel On Summers On ….Er…Um…Oh, Yeah…Fuller, Paul A. Lebel
Michigan Law Review
In 1985, I published in the Michigan Law Review a review of a recent book by Professor Robert S. Summers on the legal philosophy of Lon Fuller. Professor Summers has published in the Cornell Law Review an ironically titled criticism of my review and of another review. In a number of respects, Professor Summers' Assessment has served to increase my understanding of his book, and I trust that other readers will be similarly benefited. Although Professor Summers' response to my review of his book takes issue with what I said on a number of points, I strongly suspect that few …
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Michigan Law Review
This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Corporate Behavior And The Social Efficiency Of Tort Law, John A. Siliciano
Michigan Law Review
This article examines this dissonance between accepted theory and observed reality, between what the model envisions and what the tort system seems to deliver. After sketching the model in greater detail, the first section of the article reviews restraints within tort law on the achievement of efficient outcomes. The analysis then turns to the broader legal environment, and describes how legally sanctioned means of liability evasion - such as the corporate law doctrine of limited liability and the bankruptcy rules permitting discharge of obligations - may further undermine the practical utility of the social efficiency model of tort. The final …
The Excessive History Of Federal Rule 15(C) And Its Lessons For Civil Rules Revision, Harold S. Lewis Jr.
The Excessive History Of Federal Rule 15(C) And Its Lessons For Civil Rules Revision, Harold S. Lewis Jr.
Michigan Law Review
This case study of one Federal Rule of Civil Procedure is designed to suggest affirmative answers to these questions. My focus is on the surprisingly extensive body of case law, culminating in the Supreme Court's 1986 decision in Schiavone v. Fortune, that parses the second sentence of Federal Rule 15(c). Added in 1966, that sentence attempts to set standards for the relation back of party-changing amendments to pleadings. A more prototypically pedestrian, less prepossessing topic of the traditionalist type could scarcely be imagined. Yet a review of its history brings larger points into sharp relief: something is seriously amiss in …
Restricting Adult Access To Material Obscene As To Juveniles, Ann H. Coulter
Restricting Adult Access To Material Obscene As To Juveniles, Ann H. Coulter
Michigan Law Review
This Note considers whether state regulations that restrict juvenile access to material that is obscene as to minors unconstitutionally encroach upon the first amendment rights of adults. Part I briefly describes the Court's opinion in Ginsberg. Part II introduces the "O'Brien analysis" and discusses the aspects of juvenile access restrictions that tend to make O'Brien scrutiny applicable. In this context the frequently relaxed judicial review of governmental restrictions on sexually related material will be discussed. Having concluded that the O'Brien analysis is applicable to access restrictions, Part III applies the test and ultimately concludes that juvenile access restrictions survive …
John W. Reed, Douglas W. Hillman
John W. Reed, James K. Robinson
John W. Reed, Austin G. Anderson
John W. Reed, Wilbert J. Mckeachie
Citizen Suits And Civil Penalties Under The Clean Water Act, James L. Thompson
Citizen Suits And Civil Penalties Under The Clean Water Act, James L. Thompson
Michigan Law Review
Part I briefly describes the division that currently exists between the Fourth, Fifth, and First Circuits. Part II analyzes the arguments relating to statutory construction, focusing on statutory language and structure as illuminated by legislative history. Part III examines the broader policy considerations arising when courts decide questions of citizen suit jurisdiction under section 505. Resolution of this issue has usually entailed an extreme interpretation of section 505, either very rarely allowing suits for past violations or allowing them in all cases. Parts II and III argue that the most appropriate response to this problem is actually the less frequently …
The Constitutionality Of Punitive Damages Under The Excessive Fines Clause Of The Eighth Amendment, Andrew M. Kenefick
The Constitutionality Of Punitive Damages Under The Excessive Fines Clause Of The Eighth Amendment, Andrew M. Kenefick
Michigan Law Review
This Note explores whether courts should look beyond the broad language in Ingraham v. Wright and scrutinize punitive damages under the excessive fines clause. Part I sets out the intuitive argument that punitive damages are analogous to criminal fines. Part II analyzes the Supreme Court's decision in Ingraham v. Wright and also reviews the few federal and state court decisions that have dealt with the excessive fines clause in civil cases, most of which have concluded that the clause has no application in a civil setting. This Part asserts that courts cannot rely solely on the Ingraham decision but must …
Legality And Empathy, Lynne N. Henderson
Legality And Empathy, Lynne N. Henderson
Michigan Law Review
This article rejects the assumption that legality - by which I mean the dominant belief system about the Rule and role of Law - and empathy are mutually exclusive concepts. Failure to recognize the phenomenon of empathy explicitly in legal decisions more generally may result from a fear of the emotional realm as irrational, rather than a rational. It may stem from a belief that the divide between "subject" and "object" is uncrossable. The resistance to empathy may be attributable to the adversarial ideology acquired during law school understanding the adversary is not important unless it serves one's instrumental …
Law. Liberalism And Free Speech, M. Sean Laane
Law. Liberalism And Free Speech, M. Sean Laane
Michigan Law Review
A Review of Law, Liberalism and Free Speech by D.F.B. Tucker
Discrimination, Jobs, And Politics: The Struggle For Equal Employment Opportunity In The United States Since The New Deal, James L. Thompson
Discrimination, Jobs, And Politics: The Struggle For Equal Employment Opportunity In The United States Since The New Deal, James L. Thompson
Michigan Law Review
A Review of Discrimination, Jobs, and Politics: The Struggle for Equal Employment Opportunity in the United States since the New Deal by Paul Burstein
When Honesty Is "Simply…Impractical" For The Supreme Court: How The Constitution Came To Require Busing For School Racial Balance, Lino A. Graglia
When Honesty Is "Simply…Impractical" For The Supreme Court: How The Constitution Came To Require Busing For School Racial Balance, Lino A. Graglia
Michigan Law Review
A Review of Swann's Way: The School Busing Case and the Supreme Court by Bernard Schwartz
Road Signs And The Goals Of Justice, Joseph Sanders
Road Signs And The Goals Of Justice, Joseph Sanders
Michigan Law Review
Review of Ideals, Beliefs, Attitudes, and the Law: Private Law Perspectives on a Public Law Problem by Guido Calabresi
Special Care: Medical Decisions At The Beginning Of Life, Jonathan H. Margolies
Special Care: Medical Decisions At The Beginning Of Life, Jonathan H. Margolies
Michigan Law Review
A Review of Special Care: Medical Decisions at the Beginning of Life by Fred M. Frohock
All The Right Moves, Charles A. Reich
All The Right Moves, Charles A. Reich
Michigan Law Review
A Review of Tactics of Legal Reasoning by Pierre Schlag and David Skover
The Legal History Of The Family, Lee E. Teitelbaum
The Legal History Of The Family, Lee E. Teitelbaum
Michigan Law Review
A Review of Governing the Hearth: Law and the Family in Nineteenth-Century America by Michael Grossberg
The Very Idea Of "Law And Literature", John D. Ayer
The Very Idea Of "Law And Literature", John D. Ayer
Michigan Law Review
A Review of The Failure of the Word: The Protagonist as Lawyer in Modern Fiction by Richard Weisberg
Crime And The Courts In England 1660-1800, Frank C. Shaw
Crime And The Courts In England 1660-1800, Frank C. Shaw
Michigan Law Review
A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie
The Moral Dimensions Of Politics, Steven G. Bradbury
The Moral Dimensions Of Politics, Steven G. Bradbury
Michigan Law Review
A Review of The Moral Dimensions of Politics by Richard J. Regan
The Triumph Of Justice, Stephan Landsman
The Triumph Of Justice, Stephan Landsman
Michigan Law Review
A Review of The Affair: The Case of Alfred Dreyfus
The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur
The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur
Michigan Law Review
A Review of The Wrong Side of the Tracks: A Revolutionary Rediscovery of the Common Law Tradition of Fairness in the Struggle Against Inequality by Charles M. Haar and Daniel W. Fessler
The United Nations, International Law, And The Rhodesian Independence Crisis, Gary A. Macdonald
The United Nations, International Law, And The Rhodesian Independence Crisis, Gary A. Macdonald
Michigan Law Review
A Review of The United Nations, International Law, and the Rhodesian Independence Crisis by Jericho Nkala
No State Shall Abridge: The Fourteenth Amendment And The Bill Of Rights, Mark A. Grannis
No State Shall Abridge: The Fourteenth Amendment And The Bill Of Rights, Mark A. Grannis
Michigan Law Review
A Review of No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights by Michael Kent Curtis
Apocalypse Now?, Richard L. Marcus
Apocalypse Now?, Richard L. Marcus
Michigan Law Review
A Review of Agent Orange on Trial: Mass Toxic Disasters in the Courts by Peter H. Schuck
Asbestos And The Dalkon Shield: Corporate America On Trial, Joseph A. Page
Asbestos And The Dalkon Shield: Corporate America On Trial, Joseph A. Page
Michigan Law Review
A Review of At Any Cost: Corporate Greed, Women, and the Dalkon Shield by Morton Mintz and Outrageous Misconduct: The Asbestos Industry on Trial by Paul Brodeur
The Costs Of Complexity, Stephen B. Burbank
The Costs Of Complexity, Stephen B. Burbank
Michigan Law Review
A Review of Complex Litigation: Cases and Materials on Advanced Civil Procedure by Richard L. Marcus and Edward F. Sherman