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University of Michigan Law School

1997

Articles 1 - 30 of 63

Full-Text Articles in Law

Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert Dec 1997

Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert

Articles

Reading Allen's article, I am reminded of a cold war parable I heard during the 1960s. It concerned a flute and an oboe who joined an orchestra one year and immediately set to quarrelling. The flute was distressed because whenever it was playing at its lyrical best the oboe would enter. drowning it out. The oboe was affronted because its deepest, most sonorous passages were invariably ruined by the high-pitched flute butting in. When the orchestra split up for the summer and these quarrelsome instruments went their separate ways, the flute, as it angrily contemplated the oboe, found itself stretching …

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Vol. 48, No. 5, November 19, 1997, University Of Michigan Law School Nov 1997

Vol. 48, No. 5, November 19, 1997, University Of Michigan Law School

Res Gestae

•UPDATE: New Computers Actually En Route to Room 200 Computer Lab •Dean Lehman Speaks on Successful Fundraising Drive •Summer Job Survey of Last Year's 1Ls •Manning's Memories •Piranha Feeding Frenzy, et al. •Blank's Last Word •Legal Lad •Bringuel Goes Out with a Bang •Book, Movie and TV Reviews

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Vol. 48, No. 4, October 28, 1997, University Of Michigan Law School Oct 1997

Vol. 48, No. 4, October 28, 1997, University Of Michigan Law School

Res Gestae

•Revealing the Future of Life in Commercial Law •New Student Group Seeks to Spur Discussion of Women's Perspectives •A Glimpse into the High-Rent Cul-de-Sac of Larry's World •Rachel Preiser Continues her Culinary Tour of A2 •Bruce Manning Parties Hearty with Twisted Sister •Hit the Silver Screen •Law School Grade Curve! •B&B Offer 15 Ways to Leave Your Law School Lover

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Vol. 48, No. 3, October 3, 1997, University Of Michigan Law School Oct 1997

Vol. 48, No. 3, October 3, 1997, University Of Michigan Law School

Res Gestae

•Tech Wars •The FBI v. the 1st Amendment •Larry Kills His Parakeet •Vending Machine Alternatives •Eric Fuller Gets a Warm Fuzzy and Free Pitcher •Go See a Flick •Blanks Fails to Turn in His Article •B&B Eavesdrop in Room 200

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Vol. 48, No. 2, September 22, 1997, University Of Michigan Law School Sep 1997

Vol. 48, No. 2, September 22, 1997, University Of Michigan Law School

Res Gestae

•SFF Kicks Off Friends and Family Flyback Program •The Mann Speaks •Start the Presses! •Interview with Anthony Collings •Larry's World •The King Speaks •Blanks' Culture Corner •Bruce Manning's Memories •Summer Starter Softball

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Vol. 48, No. 1, September 5, 1997, University Of Michigan Law School Sep 1997

Vol. 48, No. 1, September 5, 1997, University Of Michigan Law School

Res Gestae

•Blowing Smoke •Who's Who in New, Visiting and Adjunct Professors at Michigan This Fall •Symposium Speakers Announced •Larry's World •The RG's Advice on Food and Fun in Ann Arbor •SEX •Book Reviews •Paul Luongo's Summer Adventures •Dueling Cartoons

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Testing Testing, Carl E. Schneider Jul 1997

Testing Testing, Carl E. Schneider

Articles

Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …

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After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert Jul 1997

After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert

Articles

This article traces some of the controversies surrounding DNA evidence and argues that although many have been laid to rest by scientific developments confirmed in the National Research Council's second DNA report, there remain several problems which are likely to lead to continued questioning of standard ways prosecutors present DNA evidence. Although much about the report is to be commended, it falls short in several ways, the most important of which is in its support for presenting random match probabilities independent of plausible error rates. The article argues that although one can sympathize with the NRC committee's decision as an …

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Vol. 47, No. 11, April 16, 1997, University Of Michigan Law School Apr 1997

Vol. 47, No. 11, April 16, 1997, University Of Michigan Law School

Res Gestae

•Possible Transcript Changes Source of Student Concern •Indigenous Genius: "Law Revue" Showcases Law School Talent •Discussion, Debate in the Desert Dust at the National Indian Law Conference •So You Think You Wanna Be on a Journal? •Michigan Bids Farewell to "The Saint" •3Ls Reflect •The Educational Environment Committee Speaks •So Does Larry Sager •B&B Offer the Wisdom of the Ages

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Quad Angles, University Of Michigan Law School Apr 1997

Quad Angles, University Of Michigan Law School

Newsletters

Volume 1, Number 3 of the University of Michigan Law School Staff Newsletter.

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Vol. 47, No. 10, April 1, 1997, University Of Michigan Law School Apr 1997

Vol. 47, No. 10, April 1, 1997, University Of Michigan Law School

Res Gestae

•Five Superstar Faculty Hired •Visiting Professor Program Ended •Laptops Banned From Classrooms •Faculty to Undergo Transition •Kamisar v. Orentlicher on the "Right to Die" •Results of SFF Auction •Letters to the Editor •Committee and Discussion Group on Racism Formed •Larry's World •How to Pass/Fail •B&B Vent Spleen

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Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert Apr 1997

Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert

Articles

As I write, the racial divide in America is said to be greater than at any time in the past 25 years.' Two events are blamed: the O.J. Simpson criminal trial and the Louis Farrakan led "Million Man March." That these events should exacerbate racial division is extraordinary. The Farrakan led march brought together between 400,000 and 800,000 black males to pledge that they would take the kind of responsibility for their actions and their families that white Americans have long argued they should take. The O.J. Simpson trial was more a "who done it" than a racial morality play. …

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U.S. International Treatment Of Financial Derivatives, Reuven Avi-Yonah, Linda Swartz Mar 1997

U.S. International Treatment Of Financial Derivatives, Reuven Avi-Yonah, Linda Swartz

Articles

The current proposals to substitute consumption for income as the principal U.S. tax base have already been the topic of considerable commentary in these pages. However, one issue has received relatively little attention in the discussion of the various reform proposals: What potential complications are likely to arise if a single major player in the world's economy unilaterally adopts radical tax reform? The global economy is becoming more and more unified, with multinational corporations dominating world trade and trillions of dollars in portfolio investment flowing across national boundaries. In this economy, what would be the consequences if a single country, …

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Vol. 47, No. 9, March 18, 1997, University Of Michigan Law School Mar 1997

Vol. 47, No. 9, March 18, 1997, University Of Michigan Law School

Res Gestae

•Professor Rosenbaum Speaks on California's Proposition 209 •Indian Gaming: Law, Economics, and Sovereignty •Going Once, Going Twice, SOLD! •Update: Female Enrollment Drop a National Trend? •US News Rankings •Letters to the Editor •Journal Ed Boards Announced •1996 Fall Grade Curve •B&B Offer Last Minute Job Hunt Advice

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Vol. 47, No. 8, February 24, 1997, University Of Michigan Law School Feb 1997

Vol. 47, No. 8, February 24, 1997, University Of Michigan Law School

Res Gestae

•Killer Curve!!! •BLSA Sponsors Lecture on Affirmative Action •Legal Practice Retooled for the Millennium •RG Rescues Jobless 1Ls •Sager-Toothed Tiger Attacks •Traffic 1, Pedestrians 0 •Josh Barron Goes to the Video Store •Hey, 1st Year Summer Starter •B&B Vent Spleen

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Vol. 47, No.7, February 10, 1997, University Of Michigan Law School Feb 1997

Vol. 47, No.7, February 10, 1997, University Of Michigan Law School

Res Gestae

parks Controversy •Enter the Bizarro World of Larry Sager •Mr. Ford Goes to Washington •Take the RG Career Survey •On Location in Florida •B&B Highlight Summer Starter Bliss

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International & Graduate Office Newsletter, University Of Michigan Law School Feb 1997

International & Graduate Office Newsletter, University Of Michigan Law School

Newsletters

Vol. 1, No. 2 of the University of Michigan Law School International & Graduate Office Newsletter.

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Vol. 47, No. 6, January 28, 1997, University Of Michigan Law School Jan 1997

Vol. 47, No. 6, January 28, 1997, University Of Michigan Law School

Res Gestae

•Students Lament Syvereud's Departure •Law School Panel on Affirmative Action for MLK Day Celebration •Exam Ticket Frustration •Blanks Pans Hip New Music •Michigan Students Explore Cambodia •Whitman Takes the Reins •The Two Sides of Larry Flynt •B&B Reveal Resolutions

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To End Deferral As We Know It: Simplification Potential Of Check-The-Box, Reuven Avi-Yonah Jan 1997

To End Deferral As We Know It: Simplification Potential Of Check-The-Box, Reuven Avi-Yonah

Articles

On December 17, 1996, the Treasury Department issued final regulations under section 7701 of the Internal Revenue Code implementing the regime dubbed "check-the-box," under which taxpayers can elect to be treated as corporations or as passthrough entities for U.S. tax purposes. The purpose of this article is to argue that the adoption of these regulations affords a momentous opportunity for Congress to achieve significant simplification of the notoriously complex U.S. international tax rules. Fundamentally, the adoption of check-the- box means that U.S. taxpayers will be able to elect whether or not their foreign-source active income will enjoy deferral from current …

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The Michigan Law Quadrangle: Architecture And Origins, Kathryn Horste Jan 1997

The Michigan Law Quadrangle: Architecture And Origins, Kathryn Horste

About the Buildings

The Michigan Law Quadrangle: Architecture and Origins is intended to combine elements of a history and a guidebook. For those students, alumni, and visitors to Ann Arbor who have long admired the sequestered spaces and the noble corridors ofthe Quadrangle, the book is meant to answer some ofthe many questions that come to mind about its historical styles and the significance of its rich decorations, as well as to serve as a ready source book for those encountering the Quadrangle for the first time. Chapters 2 and 3 recount the history of the Quadrangle as a construction project and the …

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Review Of The Selling Of Supreme Court Nominees, By J. A. Maltese, Richard D. Friedman Jan 1997

Review Of The Selling Of Supreme Court Nominees, By J. A. Maltese, Richard D. Friedman

Reviews

John Anthony Maltese has written a genial book on a subject of enormous importance and enduring interest-presidential selection and senatorial consideration of Supreme Court nominees. Readers new to this field will find The Selling of Supreme Court Nominees a helpful introduction to it. Those more familiar with it will not find much that is surprising.

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Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog Jan 1997

Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog

Reviews

In the 1960s, Quentin Skinner wrote a series of polemical if terse papers arguing that the conventional approach to the history of political theory was confused. Using Hobbes as something of a vehicle for his position, Skinner enunciated what is now well known as the "Cambridge" approach to political theory. He urged that we situate authors in their intellectual contexts so that we can isolate what is distinctive, perhaps subversive, in their use of language: only then, he argued, can we have any valid historical understanding on what they are doing in writing these weird books in the first place. …

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Dicta, University Of Michigan Law School Jan 1997

Dicta, University Of Michigan Law School

Miscellaneous Law School History & Publications

This is the third year of Dicta, the law school's literary journal and a child of the vision of two 1996 graduates, Miles Yanick and Matt Morris. We hope that this creative forum will continue to grow and to flourish, enriching the law school community by offering a spectrum of poetry, fiction, essays, photography, and artwork. The editors faced a difficult task again this year as we again received more material than we could publish. We continued the policy of considering all submissions anonymously. This final product reflects the often conflicting views of the editors who tried to select a …

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Honors Convocation, University Of Michigan Law School Jan 1997

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 9, 1997 University of Michigan Law School Honors Convocation.

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25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers Jan 1997

25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers

Reviews

Jane is meeting with her lawyer Peter. She has been complaining bitterly about a restraining order obtained ex parte by the lawyer for her husband Norb. The order bars her from entering the home that she still owns jointly with Norb and that Norb has continued to live in. She moved out voluntarily, as a gesture of good will, a short while before only to have her husband's lawyer run to court and secure the order she abhors. Readers first met Jane back in 1986 when Austin Sarat and William Felstiner published the first article growing out of their massive …

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Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers Jan 1997

Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers

Articles

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country -- taxation, otrts, evidence, social welfare, inheritance, adoption, and on and on.

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"Countering Stereotypes." Review Of Medical Malpractice And The American Jury: Confronting The Myths About Jury Incompetence, Deep Pockets, And Outrageous Damage Awards, By N. Vidmar, Samuel R. Gross Jan 1997

"Countering Stereotypes." Review Of Medical Malpractice And The American Jury: Confronting The Myths About Jury Incompetence, Deep Pockets, And Outrageous Damage Awards, By N. Vidmar, Samuel R. Gross

Reviews

The story of The Medical Malpractice Trial has a place in popular American legal culture, somewhere on the shelf with Killers Who Got Off on Technicalities. The plot is simple and tragic. The protagonist is the Doctor, a good man with a flaw: He tries too hard. In the process, he makes an innocent mistake or believes he can prevent the unpreventable. In any event, he fails and the Patient dies or is permanently injured. For this unintentional error the Doctor is crucified, by the vengeful anger of the Patient or her survivors, the avarice of the plaintiffs' lawyer, the …

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Article 5 - Recent Developments, James J. White Jan 1997

Article 5 - Recent Developments, James J. White

Other Publications

I. Mitigation in Letter of Credit Transactions Assume a Buyer has procured a letter of credit to pay for contracted goods but no longer wants the goods. The Buyer and the Issuer would like to force the Beneficiary to mitigate. Assume that both the Issuer and Applicant repudiate their obligation or that the Applicant has failed and the Issuer repudiates its obligation to pay under the letter of credit. At the moment of repudiation the price for a gallon of the underlying oil that is the subject of the letter of credit is $.75 and that the letter of credit …

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Towards A (Bayesian) Convergence?, Richard D. Friedman Jan 1997

Towards A (Bayesian) Convergence?, Richard D. Friedman

Articles

If I understand them correctly, several leading Bayesioskeptics (Allen, Callen, Stein) acknowledge - with varying degrees of specificity and varying degrees of grudgingness - that standard probability theory can be useful as an analytical tool in considering evidentiary doctrines and the probative value of evidentiary items.

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The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab Jan 1997

The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

Articles

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …

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