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Michigan Law Review

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Articles 2551 - 2580 of 11192

Full-Text Articles in Law

Rhetoric And Skepticism In Antitrust Argument, Herbert Hovenkamp Aug 1986

Rhetoric And Skepticism In Antitrust Argument, Herbert Hovenkamp

Michigan Law Review

In his essay on Workable Antitrust Policy Judge Easterbrook professes an extraordinary skepticism about economic models in general, and particularly about the ability of courts to use economic models to distinguish the competitive from the anticompetitive. But a profession of skepticism is itself a very powerful rhetorical device; it creates a perception of tough-mindedness, of refusal to yield real-world observations to analytic models or other abstractions, of extreme reluctance to accept any proposition that has not been clearly proven. Further, it is always very easy to be a skeptic, because every position ever taken except perhaps for a few tautologies …

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Law, Legalism, And Community Before The American Revolution, Bruce H. Mann Jun 1986

Law, Legalism, And Community Before The American Revolution, Bruce H. Mann

Michigan Law Review

The connections between law and community are difficult to identify, let alone explain. It may be best to begin by seeing how law and the ways people used it changed, and then attempt to relate those changes to the surrounding economy and society. One must, of course, be wary of finding what one looks for. Nonetheless, as with objects against a dark background, it is sometimes easier to see things when they move than when they remain still. To illustrate the interactive nature of legal change and community, I will draw on examples from Connecticut before the Revolution - not …

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Community, Citizenship, And The Search For National Identity, Frederick Schauer Jun 1986

Community, Citizenship, And The Search For National Identity, Frederick Schauer

Michigan Law Review

As a test of this proposition, I want to explore the issue of alienage restrictions. Under what circumstances is it justifiable to draw lines based on whether a person is a citizen? Lines drawn on the basis of citizenship are a useful test of how seriously we take the idea of the nation as a relevant community and, more tangentially, of how seriously we take the idea of community itself. To the extent that we are skeptical of such lines, our concerns are to that extent individual-oriented, primarily focused on the adverse consequences of excluding some people from benefits or …

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Constituting Communities Through Words That Bind: Reflections On Loyalty Oaths, Sanford Levinson Jun 1986

Constituting Communities Through Words That Bind: Reflections On Loyalty Oaths, Sanford Levinson

Michigan Law Review

Preparation of this essay has not served to resolve my own ambivalences about what, after all, Duncan Kennedy once named the "fundamental contradiction" of all social life, the tension between "individual freedom" and the coercive communal life with "[o]thers (family, friends, bureaucrats, cultural figures, the state)" that is "necessary if we are to become persons at all - they provide us the stuff of our selves and protect us ,in crucial ways against destruction." It should not be surprising if something so fundamental does not prove amenable to resolution. In any case, the reader should not expect to find a …

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From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen Jun 1986

From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen

Michigan Law Review

This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …

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The Trampas File, Joseph L. Sax Jun 1986

The Trampas File, Joseph L. Sax

Michigan Law Review

The Las Trampas reports are a refreshing dose of unsentimental discussion about community, culture, and tradition - subjects that are all too often submerged in bathetic wishful thinking.

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Theories Of Loss Of Citizenship, T. Alexander Aleinikoff Jun 1986

Theories Of Loss Of Citizenship, T. Alexander Aleinikoff

Michigan Law Review

The underlying issue that I address in this essay is whether the Constitution ought to be read to prohibit denationalization of U.S. citizens. (I will use the term "denationalization" to refer to the government's act of terminating citizenship. "Expatriation" will be used to refer to an individual's voluntary relinquishment of citizenship.) In examining this question, I will explore citizenship from four different perspectives - rights, consent, contract, and community - in search of a theoretical framework for the Supreme Court's doctrine in the denationalization cases.

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Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King Jun 1986

Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King

Michigan Law Review

This Note argues that a person should be able to assert her fifth amendment privilege against self-incrimination when her act of producing corporate documents pursuant to a subpoena causes her to make testimonial admissions that are incriminating. Part I briefly examines the two approaches the Supreme Court has used to decide claims of self-incrimination for records production. First, it explains the Court's traditional entity doctrine which, by focusing on the nature of the documents and the capacity in which they are held, has prohibited records producers from invoking the fifth amendment privilege against self-incrimination if the records produced are those …

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Divestiture As A Remedy In Private Actions Brought Under Section 16 Of The Clayton Act, Paul V. Timmins Jun 1986

Divestiture As A Remedy In Private Actions Brought Under Section 16 Of The Clayton Act, Paul V. Timmins

Michigan Law Review

This Note argues that private parties should be permitted to bring suits for divestiture under section 16 of the Clayton Act. Part I analyzes the language of section 16 and the relevant legislative history of the Clayton Act and concludes that Congress did not intend to limit the injunctive relief available to private parties. Part II argues that courts should be free to exercise their broad equity powers to grant the most appropriate and effective relief, including divestiture, to an injured plaintiff. Finally, Part III contends that policy considerations disfavor omitting divestiture from the types of equitable remedies that a …

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Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks May 1986

Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks

Michigan Law Review

Part I explains the extent to which courts are competent to decide the threshold question of whether particular conduct is religious. Part II describes the balancing test put forward by the Supreme Court for evaluating free exercise claims, and derives criteria relevant to spiritual counseling from cases involving such claims. Part III summarizes the pertinent criteria and reviews the ways they may be employed to systematize the treatment of spiritual counseling cases.

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Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West May 1986

Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West

Michigan Law Review

This Note attempts to define the boundaries of the indigent criminal defendant's constitutional right to expert assistance, in the light of Ake v. Oklahoma. Part I briefly reviews the Ake decision and examines its constitutional background. Part II inquires into Ake's implications for experts other than psychiatrists and in contexts other than the insanity defense, arguing that the principles that guided the Ake decision have validity well beyond the facts of that case. Part III asks whether the Ake doctrine should be limited to capital cases. Rejecting such a limitation, it concludes that the right to expert assistance …

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Religion And The Burger Court, Rex E. Lee Apr 1986

Religion And The Burger Court, Rex E. Lee

Michigan Law Review

A Review of Religion, State and the Burger Court by Leo Pfeffer

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Attacking The Judicial Protection Of Minority Rights: The History Ploy, John E. Nowak Apr 1986

Attacking The Judicial Protection Of Minority Rights: The History Ploy, John E. Nowak

Michigan Law Review

A Review of Disabling America: The "Rights Industry" in Our Time by Richard E. Morgan

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Preserving The Constitution: The Autobiography Of Senator Sam J. Ervin, Jr., Brent E. Johnson Apr 1986

Preserving The Constitution: The Autobiography Of Senator Sam J. Ervin, Jr., Brent E. Johnson

Michigan Law Review

A Review of Preserving the Constitution: The Autobiography of Senator Sam J. Ervin, Jr. by Sam J. Ervin, Jr.

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Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr. Apr 1986

Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr.

Michigan Law Review

A Review of Misregulating Television: Network Dominance and the FCC by Stanley M. Besen, Thomas G. Krattenmaker, A. Richard Metzger, Jr. and John R. Woodbury

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Law And Letters In American Culture, Lee W. Brooks Apr 1986

Law And Letters In American Culture, Lee W. Brooks

Michigan Law Review

A Review of Law and Letters in American Culture by Robert A. Ferguson

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Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg Apr 1986

Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg

Michigan Law Review

A Review ofWhat Do Unions Do? by Richard B. Freeman and James L. Medoff

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Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear Apr 1986

Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear

Michigan Law Review

A Review of Dangerous Offenders: The Elusive Target of Justice by Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman

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William Hastie: Grace Under Pressure, Mark S. Cohen Apr 1986

William Hastie: Grace Under Pressure, Mark S. Cohen

Michigan Law Review

A Review of William Hastie: Grace Under Pressure by Gilbert Ware

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The Capital Punishment Conundrum, Eric Schnapper Apr 1986

The Capital Punishment Conundrum, Eric Schnapper

Michigan Law Review

A Review of Life in the Balance: Procedural Safeguards in Capital Cases by Welsh S. White

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Juries On Trial: Faces Of American Justice, Nancy J. King Apr 1986

Juries On Trial: Faces Of American Justice, Nancy J. King

Michigan Law Review

A Review of Juries on Trial: Faces of American Justice by Paula DiPerna

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Cloning And The Constitution: An Inquiry Into Governmental Policymaking And Genetic Experimentation, Barry J. Swanson Apr 1986

Cloning And The Constitution: An Inquiry Into Governmental Policymaking And Genetic Experimentation, Barry J. Swanson

Michigan Law Review

A Review of Cloning And the Constitution: An Inquiry Into Governmental Policymaking and Genetic Experimentation by Ira H. Carmen

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Selling The Idea To Tell The Truth: The Professional Interrogator And Modern Confessions Law, Joseph D. Grano Apr 1986

Selling The Idea To Tell The Truth: The Professional Interrogator And Modern Confessions Law, Joseph D. Grano

Michigan Law Review

A Review of Criminal Interrogation and Confessions (3d edition) by Fred E. Inbau, John E. Reid, and Joseph P. Buckley

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Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy Apr 1986

Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy

Michigan Law Review

A Review of Justices and Presidents: A Political History of Appointments to the Supreme Court (2d edition) by Henry J. Abraham

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Conscience And The Law: The English Criminal Jury, Robert C. Palmer Apr 1986

Conscience And The Law: The English Criminal Jury, Robert C. Palmer

Michigan Law Review

A Review of Verdict According to Conscience by Thomas Andrew Green

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Innovations In Policing: A Review Of The New Blue Line, Norval Morris Apr 1986

Innovations In Policing: A Review Of The New Blue Line, Norval Morris

Michigan Law Review

A Review of The New Blue Line: Police Innovation in Six American Cities by Jerome H. Skolnick and David H. Bayley

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The Trials Of Israel Lipski, Blaine G. Renfert Apr 1986

The Trials Of Israel Lipski, Blaine G. Renfert

Michigan Law Review

A Review of The Trials of Israel Lipski by Martin L. Friedland

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When Justice Fails, Stephan Landsman Apr 1986

When Justice Fails, Stephan Landsman

Michigan Law Review

A Review of The Haymarket Tragedy by Paul Avrich

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Statesman Of The Old Republic, Craig Joyce Apr 1986

Statesman Of The Old Republic, Craig Joyce

Michigan Law Review

A Review of Supreme Court Justice Joseph Story: Statesman of the Old Republic by R. Kent Newmyer

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The Constitution As Mirror: Tribe's Constitutional Choices, Richard A. Posner Apr 1986

The Constitution As Mirror: Tribe's Constitutional Choices, Richard A. Posner

Michigan Law Review

A Review of Constitutional Choices by Laurence H. Tribe

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