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University of Michigan Law School

1982

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Articles 1 - 30 of 51

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Vol. 31, No. 9, November 24, 1982, University Of Michigan Law School Nov 1982

Vol. 31, No. 9, November 24, 1982, University Of Michigan Law School

Res Gestae

•Stan White: Advocate on the Line •The Final(s) Solution •Twelve Students Bumped From Clinic Program •SFF: Pledging the Public Interest •Regents 'Distinguish' Sax •Clinic Survives Misconduct Investigation •Notices •The "Review'' Needs a Review •MSA- Ask Not What You... •Trying to Keep Our Lines Straight •Legalese: A Question of Juris-Diction? •The Multi-(Altered) State 'Bar' Review •Boston's No Tea Party •Law in the Raw

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Vol. 31, No. 8, November 10, 1982, University Of Michigan Law School Nov 1982

Vol. 31, No. 8, November 10, 1982, University Of Michigan Law School

Res Gestae

•'Unfortunately, We Are Unable to…' •Sandalow: U Should Stay Out of Politics •Vandals Rip Gay Notices •'Maybe I just wore the wrong tie' •Notices •We've Got Jobs •Monroe Meters Work Overtime •Socratizing Quality Teaching •Israeli 'Invasion' Was Justified •Costello: Clever Romantic's Bedroom Antics •Students Hold Key to Law Fund Future •Senate Recognizes JLSU •It Could Happen To You •Law in the Raw

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Vol. 31, No. 7, October 27, 1982, University Of Michigan Law School Oct 1982

Vol. 31, No. 7, October 27, 1982, University Of Michigan Law School

Res Gestae

•Senate to Test Open Meeting Interest •Women's Rights Chart a Broken Course •Who, Us? •Petition Ignores Free Choice •Freeze Dialogue Is Needed •A Call For Quality Teaching •Stillborn Students, Prenatal Professionals •LSSS Endorses Gay Rights Petition •Notices •Law in the Raw

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Vol. 31, No. 6, October 20, 1982, University Of Michigan Law School Oct 1982

Vol. 31, No. 6, October 20, 1982, University Of Michigan Law School

Res Gestae

•Positively Not Wall Street •WLSA Display to Outline Rape Problem •Public Interest Job Discussion •FLP Fundraiser to Aid Battered Women •Notices •The Legal Lemmings March •Scrimp Cocktail •High Schoolish, Fer Sure •Library Malcontents •Prison Repression: a call to action •Reader Rejects Loots' 'Left Wing Mythology' •Springsteen: Lonely Man of Faith •A Heavenly Idea for Resolving Disputes •Law in the Raw

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Vol. 31, No. 5, October 13, 1982, University Of Michigan Law School Oct 1982

Vol. 31, No. 5, October 13, 1982, University Of Michigan Law School

Res Gestae

•Does Grinding it Out Make the Grade(s)? •Senators Lash Out at 'Flunking' Proposal •'Just Call me Professor' •Fleming: Return of the Native •Candidates Collide on Human Services •Notices •'D' isn't Dumb •Reading Room Refugee Speaks •Stella Prints: Modern Art Retrospective •Allies Save Diva in French Thriller •Getty: The One That Got Away •Law in the Raw

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Vol. 31, No. 4, October 6, 1982, University Of Michigan Law School Oct 1982

Vol. 31, No. 4, October 6, 1982, University Of Michigan Law School

Res Gestae

•U.S. Army Takes Aim at Law Schools •Large New York Firms May Halt Salary Spiral •Open Meetings: Senators Air Views •Pierson Missed the Point •Army Gets Ugly •A New Gargoyle Hits Town •BLSA Plea: Free Tchula Seven! •Election •Only 68 Study Days Until Finals •Law in the Raw

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Vol. 31, No. 3, September 29, 1982, University Of Michigan Law School Sep 1982

Vol. 31, No. 3, September 29, 1982, University Of Michigan Law School

Res Gestae

•Losing Faith in the Legal System •Students Slumping? •Reviewing the Review •A Cure for Whatever 'Ales' Us •Notices •Senate to Act on Faculty Meeting Policy? •Stacking Up the Scholarly Staffers •The Duke Would Be Disappointed •Ballots Can't Stop Bombs •Don't Blame Us •Battling the Corporate Bias •The Latter, Beautiful, Stages of Insanity •Greco in Toledo, Oh. •NFL: Strike One Called •Dealing With the Real Issues •Dear Professor: My Goldfish Died... •Law in the Raw

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Vol. 31, No. 2, September 22, 1982, University Of Michigan Law School Sep 1982

Vol. 31, No. 2, September 22, 1982, University Of Michigan Law School

Res Gestae

•The 'Aristocracy' of '85 •Coalition Lacking Commitment? •Yolanda •How the 1982-83 LSSS Budget Was Sliced •Notices •A Rookie for the People •How About An Honest Interview? •Room 200: Interviewing to Suit Ourselves •New Student Coalition Urges Support •Matzos Just Like Mom's •The Right Stuff in Room 200 •Law in the Raw

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The Coming Curtailment Of Compulsory Child Support, David L. Chambers Aug 1982

The Coming Curtailment Of Compulsory Child Support, David L. Chambers

Articles

Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …

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Vol. 30, No. 22, April 14, 1982, University Of Michigan Law School Apr 1982

Vol. 30, No. 22, April 14, 1982, University Of Michigan Law School

Res Gestae

•Looking at the 'Fourth Year' •Students Warned: Apply Now for Aid •Senate Sends Faculty Message on Curriculum •Elections •Notices •R.G. Misses the Boat •Affirm. Action Again •Keeping Alive the Dialogue •Assessing EI Presidente's Legacy •There's More to Law Review than Resumes •Of Double Duplicity •Beach '82! •A Chicago Tradition •Pitching Briefs, Catching Offers •Smith, Widowski Take Foosball Crown •Pepe: A Proposal in the Public Interest •Women in Law Conference: Smashing Hit •2002: Best and the Brightest? •Ellmann Retires from the Court •Best of Law in the Raw

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Vol. 30, No. 21, April 7, 1982, University Of Michigan Law School Apr 1982

Vol. 30, No. 21, April 7, 1982, University Of Michigan Law School

Res Gestae

•The Barristers: Do they do anything more than drink? •Senate Irked by Late First-year Changes •Seminar Selections Stay Sparse •BLSA Letter Rips R.G. on Coverage of Action Plans •Notices •Revue Preview: Talent on Trial •Affirm. Action No Stigma •Kudos to (Some) Faculty, Students •Reviewer Refutes Label •Living In Fear •Auto Management Source of Industry Woes •Was (not Was) & The Coconuts •Wine Class Runs Dry •Damn! Yanks Will Take it Again •Curing Casebook Elephantiasis •The Last Whole ABA Catalogue •Law in the Raw

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Vol. 30, No. 20, April 1, 1982, University Of Michigan Law School Apr 1982

Vol. 30, No. 20, April 1, 1982, University Of Michigan Law School

Res Gestae

•The Indi Gestae •Faculty Rip-Off Suspect Feels the Heat •Law Review Moves to Clear Up Complexion •Ellmann to Run Again •Don't be a Cheap Skate •Stillwagon Names All-Prof Squad •Rock 'n Roll Law School •U.S. Out of El Paso: Mandate from People •Sunday With Mr. Stewart •Notices

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Vol. 30, No. 19, March 31, 1982, University Of Michigan Law School Mar 1982

Vol. 30, No. 19, March 31, 1982, University Of Michigan Law School

Res Gestae

•Profs Closed Meetings Illegal? •LSSS Petitions Available Now •Headed for Wall Street •2132 Quarters in the Meter? •Student Gets Hit With $533 Parking Tab •Time to Open Profs' Meetings •Another Rehnquisition The Wheels of Injustice •Ousted Brinks Heist Attorney to Speak •Senate Awards Profs •The R.G. Wants You •Notices

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Vol. 30, No. 18, March 24, 1982, University Of Michigan Law School Mar 1982

Vol. 30, No. 18, March 24, 1982, University Of Michigan Law School

Res Gestae

•Changes Unlikely in Faculty Mix •Senate Votes LSSS Fee Hike •ERA: Laying a Foundation •SFF Coming up Short •Faculty Hiring: Standards Kept too High? •Family Law Project Aids Indigent Women •Journal Selects New Staff •Notices •What's With the R.G.? •Cough it up To Support SFF •Rucker's Reagan Rap Reamed •Kicking the Constitution •Indian Cultures Have Claim to Values •A New American Dream •Hoyas, Tar Heels Advance •Write this Way To Opening Day •Start Me Up •One Woman's Fight for the ERA •Law in the Raw

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Vol. 30, No. 17, March 17, 1982, University Of Michigan Law School Mar 1982

Vol. 30, No. 17, March 17, 1982, University Of Michigan Law School

Res Gestae

•Clinic Nets $125,000 •Seniors Opt To Dress Up •Review Nixes Affirmative Action •Nazi Rally Riles Student •News and Notices •Breaking Mantle of Faculty Silence •Of Monkeys and Section 4 •Tolerating the Nazis Isn't Easy •Changing the System •The World is Loser In Reagan Chess Game •Belushi Blues •SI: What About Me? •Assault on Ice •A Viewer's Guide to Campbell •Law in the Raw

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Architecture Beneath The Surface, Grace Anderson Mar 1982

Architecture Beneath The Surface, Grace Anderson

About the Buildings

Confronted by the need to expand its library, the law school at the University of Michigan and its architect, Gunnar Birkerts, decided to go underground. The decision followed a precedent set by some other universities that, like Michigan, wanted to preserve open space above ground. Early efforts to raise a building on this site were rejected, Birkerts reports, when it became evident that such a structure would hide the Gothic presence of the existing library and impede visual and pedestrian access to the cherished Law Quadrangle formed by the older library and dormitories. Birkerts seized the underground assignment as a …

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Vol. 30, No. 16, February 17, 1982, University Of Michigan Law School Feb 1982

Vol. 30, No. 16, February 17, 1982, University Of Michigan Law School

Res Gestae

•Faculty Takes the Fifth •Clinic Vote Goes Behind Closed Doors •Profs Mum On Cheating; Source Talks •Charging 'High' Fees •Faculty Favors $125,000 Proposal •Motown Makes Room for Women •Grades: A View From the Top… •The Superiority of Section Four •Law in the Raw •Pupil Popularity Poll Published •Is Creeping Conservatism Inevitable? •Bible Study Class Goes Ape •Vote With Your Galoshes •SFF: Experience Talking •Grebner Explains Ratings •Truly 'New Federalism' or Same Old Hat? •No Ruling Out Exclusionary Rule •A Poetry Reading in Hutchins? •Guindon Makes the Motor City Smile •Assault on Ice •News & Notices •Studying in Style

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Vol. 30, No. 15, February 10, 1982, University Of Michigan Law School Feb 1982

Vol. 30, No. 15, February 10, 1982, University Of Michigan Law School

Res Gestae

•Getting the Curve Straight •Is Radical Reasonable? •Small Class for 1st years •Richardson Calls for Checks on Nationalism •Martin Cheating Update •News & Notices •El Salvador: Sins in Our Name •A First Step •Abortion Issue Involves Rights •Sobering Up for Lone Star Bar •Morton Grove Draws NRA Fire •Reggae Music not just for Rastafarians •Assault on Ice •Grades: The Art of Consistent Subjectivity? •I'll take Prison terms for $100, Art •Law in the Raw

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Vol. 30, No. 13, January 27, 1982, University Of Michigan Law School Jan 1982

Vol. 30, No. 13, January 27, 1982, University Of Michigan Law School

Res Gestae

•Prometheus Unbound: The AT&T Case •Libel Law Too Tough? •Purse Strings to Tighten •Senate Votes on Clinic, Curriculum •Notices •Watching the Late Show •GSL Cuts Hurt All of Us •'New Management' Praised on Arts •No Smoking in Library •Abstention: Safest Method Yet? •Gidget Goes to Law School •Oscar Night at Hill •Freshman Frustration •Schembechler Gets Reamed •Prof Popularity Poll Published •Law in the Raw

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Justice And The Bureaucratization Of Appellate Courts, Joseph Vining Jan 1982

Justice And The Bureaucratization Of Appellate Courts, Joseph Vining

Articles

The author notes the growing bureaucratization of appellate justice in the United States and, in particular, the drafting of opinions by law clerks rather than by judges. Taking the Supreme Court of the United States as an example, and comparing its internal procedure with that of large administrative agencies, he questions whether the method of analysis familiarly used by lawyers to arrive at an authoritative statement of law is applicable to legal texts bureaucratically produced. He suggests that legal method and its presuppositions are ultimately associated with the authority of law, and concludes that there may be critical losses not …

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Salt Survey: Minority Group Persons In Law School Teaching, David L. Chambers Jan 1982

Salt Survey: Minority Group Persons In Law School Teaching, David L. Chambers

Articles

In the summer and fall of 1981 we sent questionnaires to faculty members1 at all 172 law schools accredited by the AALS, asking questions about current numbers of minority group members and women on their faculties and about numbers of offers made and offers accepted, tenure decisions and denials, and resignations. Our principal goal was to measure the progress that has been achieved in adding minorities and women to law faculties. In this issue, we report on our findings about minority groups.

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Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel Jan 1982

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

During the 1960s, the Warren Court's decisions in the field of criminal procedure were strongly denounced by many prosecutors, police officers, and conservative politicians. Some of these critics were careful in their description of the Warren Court's record. Others let their strong opposition to several of the Court's more highly publicized decisions destroy their perception of the Court's work as a whole.

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Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore St. Antoine Jan 1982

Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore St. Antoine

Book Chapters

The law seems able to absorb only so many new ideas in a given area at one time. In 1967 Professor Lawrence Blades of Kansas produced a pioneering article in which he decried the iron grip of the contract doctrine of employment at will, and argued that all employees should be legally protected against abusive discharge. The next dozen years witnessed a remarkable reaction. With a unanimity rare, if not unprecedented, among the contentious tribe of labor academics and labor arbitrators, a veritable Who's Who of those professions stepped forth to embrace Blades' notion, and to refine and elaborate it …

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Protecting Individual Liberties In The Context Of Screening For Child Abuse, Donald N. Duquette Jan 1982

Protecting Individual Liberties In The Context Of Screening For Child Abuse, Donald N. Duquette

Book Chapters

A central role of the law in our society is to act as buffer between individual citizens and society at large. When personal freedom or liberty is at stake, the law acts as arbiter between individuals and government and allows liberty to be abrogated only after "due process of law." Due process is an attempt to insure fair treatment of all concerned-a quest for fairness. In what follows due process will be discussed further together with some examples of the due process model as applied to the child protection system. Certain risks to personal freedom are inherent in child protection. …

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Closely Held Stocks—Deferral And Financing Of Estate Tax Costs Through Sections 303 And 6166, Douglas A. Kahn Jan 1982

Closely Held Stocks—Deferral And Financing Of Estate Tax Costs Through Sections 303 And 6166, Douglas A. Kahn

Articles

The enactment of the Economic Recovery Tax Act of 1981 (hereinafter referred to as "the 1981 Act") will reduce both the impact of federal wealth transfer taxes and the number of persons still subject to them. Nevertheless, even after the 1981 Act takes full effect, a category of persons remains for whom wealth transfer taxes will constitute a meaningful burden and whose estates face a liquidity problem in satisfying the estate tax liability. The focus of this article is on two statutory techniques: redemptions of stock pursuant to section 3031 and deferral of estate tax payments under section 6166.2 These …

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Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar Jan 1982

Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar

Articles

Twenty years ago, concurring in Mapp v. Ohio (1961), Justice William 0. Douglas looked back on Wolf v. Colorado (1949) (which had held that the Fourth Amendment's substantive protection against "unreasonable search and seizure" was binding on the states through the due process clause, but that the Fourth Amendment exclusionary rule was not) and recalled that the Wolf case had evoked "a storm of controversy which only today finds its end." But, of course, in the twenty years since Justice Douglas made that observation the storm of controversy has only intensified, and it has engulfed the exclusionary rule in federal …

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Comments On Parfit, Donald H. Regan Jan 1982

Comments On Parfit, Donald H. Regan

Articles

I will begin by saying that I am persuaded by most of Derek's claims and arguments. That may tend to make for rather uninteresting commentary, but I shall try to find something to say. I shall offer only one criticism of the main part of Derek's paper, and then I shall discuss at somewhat greater length the questions he raises in the last section of his paper. In the main body of the paper, Derek attempts to prove that if we accept what he calls the Complex View of personal identity, then we must abandon what he calls the Equal …

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Price Discrimination Law And Economic Efficiency, Edward H. Cooper Jan 1982

Price Discrimination Law And Economic Efficiency, Edward H. Cooper

Articles

The Clayton Act, as amended by the Robinson-Patman Act (15 U.S.C. § 13), undertakes to outlaw price "discrimination" upon proof of threatened injury to competition, and subject to specified defenses. Lawyers often bewail the fact that administration of this statute frequently fails to conform to an economist's notion of discrimination. For the most part, the complaints are addressed to the clear fact that, as drafted and interpreted, the statute wreaks unnecessary damage. In the name of protecting competition, competition and economic efficiency are often curtailed.

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On Recognizing Variations In State Criminal Procedure, Jerold H. Israel Jan 1982

On Recognizing Variations In State Criminal Procedure, Jerold H. Israel

Articles

Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …

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Selective Incorporation Revisited, Jerold H. Israel Jan 1982

Selective Incorporation Revisited, Jerold H. Israel

Articles

In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …

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