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University of Michigan Law School

2002

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Articles 1 - 30 of 75

Full-Text Articles in Law

Back To The 1930s? The Shaky Case For Exempting Dividends, Reuven S. Avi-Yonah Dec 2002

Back To The 1930s? The Shaky Case For Exempting Dividends, Reuven S. Avi-Yonah

Articles

This article is based in part on the author’s U.S. Branch Report for Subject I of the 2003 Annual Congress of the International Fiscal Association, to be held next year in Sydney, Australia (forthcoming in Cahiers de droit fiscal international, 2003). He would like to thank Emil Sunley for his helpful comments on that earlier version, and Steve Bank, Michael Barr, David Bradford, Michael Graetz, and David Hasen for comments on this version. Special thanks are due to Yoram Keinan for his meticulous work on the EU regimes (see Appendix). All errors are the author’s. In this report, Prof. Avi-Yonah …

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Vol. 53, No. 6, December 3, 2002, University Of Michigan Law School Dec 2002

Vol. 53, No. 6, December 3, 2002, University Of Michigan Law School

Res Gestae

•Clothing Drive Succeeds Again •Faculty Profile: Andy Buchsbaum •Asst. AG, Former Prof. Returns to Speak at UMLS •Law School to Build Big •CrimLaw Society Career Panel •Veteran Defender Gives Talk on Post-9/11 Detainees •Affirmative Action Insider Speaks •Crossword

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'A Time To Build' - William W. Cook And His Architects: Edward York And Philip Sawyer, Margaret A. Leary Dec 2002

'A Time To Build' - William W. Cook And His Architects: Edward York And Philip Sawyer, Margaret A. Leary

Articles

The following narrative outlines the role of donor William W. cook and the architects who built the Law Quadrangle 70 years ago. The report is excerpted and adapted from 94 Law Library Journal 395-425 (2002-26). The author is director of the University of Michigan Law School's Law Library.

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Vol. 53, No. 5, November 19, 2002, University Of Michigan Law School Nov 2002

Vol. 53, No. 5, November 19, 2002, University Of Michigan Law School

Res Gestae

•Reading Between the Lines: A Look at Law School Class Offerings •And Down the Stretch They Come! •Recent Graduate Highlights Public Interest Path •More than a 1L: Analyzing the Summer Start Program •Tales from a Swami: NBA 2002-03 Preview •Review: Bowling for Columbine •Music to Learn to •3Ls Challenged to Pledge Money

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Vol. 53, No. 4, October 29, 2002, University Of Michigan Law School Oct 2002

Vol. 53, No. 4, October 29, 2002, University Of Michigan Law School

Res Gestae

•LSSS Approves Controversial Funding Allocations •Who Are You Supposed to Be? •Horror in the Quad: A Victim Speaks •Faculty Laud Judicial Clerkships •Professor Molly Van Houweling •Alumna On Affirmative Action •When Mr. Caminker Went to Washington •1Ls Get Hands Dirty for Public Service •A Crash Course: Michigan No-Fault Law •Judge Shares Thoughts on ConLaw •Fantasy B-ball Secrets •Crossword

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Vol. 53, No. 3, October 15, 2002, University Of Michigan Law School Oct 2002

Vol. 53, No. 3, October 15, 2002, University Of Michigan Law School

Res Gestae

•Webcast Classes Could Change Law School Forever •Bottom of the Pile •Fast Times at Small Firms •Student Profile: Meet Maren Norton •Excerpt from the Diary of lawstudents@umich.edu •Lunch for Two •Interpol: Turn on the Bright Lights •Nashville: 1 Part Vegas + 1 Part New Orleans, Shake Vigorously •Crossword

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Vol. 53, No. 2, September 24, 2002, University Of Michigan Law School Sep 2002

Vol. 53, No. 2, September 24, 2002, University Of Michigan Law School

Res Gestae

•A Welcome Note from the Editor •Posturing Policy Problem •E.O. Squish •Students Met with New Policies •Defending a WTC Bomber •Larry Thompson Speaks on DOJ •Patrick Ewing: Ode to a Man Maligned •Just a Drunken Idiot •I Hate My Cell Phone •CD Review: So Much Shouting/ So Much Laughter •Crossword

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Vol. 53, No. 1, Early Interview Week 2002, University Of Michigan Law School Aug 2002

Vol. 53, No. 1, Early Interview Week 2002, University Of Michigan Law School

Res Gestae

•Welcome Back •Finding a Job and Being Happy •Film Research 101 •Recruiting Expert Frank Kimball Shares Interviewing Insights •Drugs, Judge, Poodle: Internship •RG Talks Public Service with Dean Precht •RG Market Series •Last Wholesome Sport? •Vegas on a Summer Associate's Salary •The Magic 5% •Crossword

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All My Rights, Carl E. Schneider Jul 2002

All My Rights, Carl E. Schneider

Articles

Diane Pretty was an Englishwoman in her early 40s who had been married nearly a quarter of a century. In November 1999, she learned she had amyotrophic lateral sclerosis-in Britain, motor neurone disease. Her condition deteriorated rapidly, and soon she was "essentially paralysed from the neck downwards." She had "virtually no decipherable speech" and was fed by a tube. She was expected to live only a few months or even weeks. AB a court later explained, however, "her intellect and capacity to make decisions are unimpaired. The final stages of the disease are exceedingly distressing and undignified. AB she is …

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Who Should Watch Over Refugee Law?, James C. Hathaway Jul 2002

Who Should Watch Over Refugee Law?, James C. Hathaway

Articles

On 13 December 2001, states committed themselves" ... to consider ways that may be required to strengthen the implementation of the 1951 Convention and/or 1967 Protocol". It is wonderful that after half a century we may finally be on the verge of taking oversight of the treaty seriously.

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For Haven's Sake: Reflections On Inversion Transactions, Reuven S. Avi-Yonah Jun 2002

For Haven's Sake: Reflections On Inversion Transactions, Reuven S. Avi-Yonah

Articles

This article discusses “inversion” transactions, in which a publicly traded U.S. corporation becomes a subsidiary of a newly established tax haven parent corporation. In the last three years, an increasing number of these transactions have been taking place, undeterred by the shareholderlevel tax imposed by the IRS on them in 1994. The article first discusses the reasons for the increasing popularity of the transactions and the tax goals they aim at achieving (primarily avoiding subpart F and U.S. earnings stripping). The article then discusses the tax policy implications of these transactions. In the short run, the article suggests that the …

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How Underlying Patient Beliefs Can Affect Physician-Patient Communicaion About Prostate-Specific Antigen Testing, Michael H. Farrell, Margaret Ann Murphy, Carl E. Schneider May 2002

How Underlying Patient Beliefs Can Affect Physician-Patient Communicaion About Prostate-Specific Antigen Testing, Michael H. Farrell, Margaret Ann Murphy, Carl E. Schneider

Articles

Routine cancer screening with prostate-specific antigen (PSA) is controversial, and practice guidelines recommend that men be counseled about its risks and benefits. OBJECTIVE. To evaluate the process of decision making as men react to and use information after PSA counseling. DESIGN. Written surveys and semistructured qualitative interviews before and after a neutral PSA counseling intervention. PARTICIPANTS. Men 40 to 65 years of age in southeastern Michigan were recruited until thematic saturation—that is, the point at which no new themes emerged in interviews (n = 40). RESULTS. In a paper survey, 37 of 40 participants (93%) said that they interpreted the …

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Vol. 52, No. 11, April 16, 2002, University Of Michigan Law School Apr 2002

Vol. 52, No. 11, April 16, 2002, University Of Michigan Law School

Res Gestae

•Drunken Wealth Redistribution: 2002 SFF Auction •1L of a Year •The Insider •Parting Words •Let's Retire "Esquire"

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Vol. 52, No. 10, April 1, 2002, University Of Michigan Law School Apr 2002

Vol. 52, No. 10, April 1, 2002, University Of Michigan Law School

Res Gestae

•Quad Once Home to Homer J. •On a Serious Note •Course Selection Guide- New Classes for Fall 2002 •New Facebook Format •The Insider •Law School Student Senate Minutes •Crossword •Contraceptives, Conservatism, and Constitutions

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Vol. 52, No. 9, March 19, 2002, University Of Michigan Law School Mar 2002

Vol. 52, No. 9, March 19, 2002, University Of Michigan Law School

Res Gestae

•Law School Offers Strong Clinics •Letter to the Editor: Much Ado about Double-Spacing •The Insider •Hindu New Year Controversy •The English Jacobin Novel •Clem Snide- Ghost of Fashion and More

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Vol. 52, No. 8, February 20, 2002, University Of Michigan Law School Feb 2002

Vol. 52, No. 8, February 20, 2002, University Of Michigan Law School

Res Gestae

•Quad once Home to JAG School •The Ten Raise Jest Commandments •Mardi Gras •The Insider •Dear RG •Three Legal Stooges •The Ice Storm •The Rant •Grade Summary •Fresh, Hot DVDs

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Vol. 52, No. 7, January 29, 2002, University Of Michigan Law School Jan 2002

Vol. 52, No. 7, January 29, 2002, University Of Michigan Law School

Res Gestae

•"K's and MLK": Martin Luther King and Contract Law •The Wailing Wall •The Case for Tribunals •The Rant •Who Killed Buddy Clinton? •When Your Favorite Shows Suck •The Insider •Crossword •Moderately Priced Restaurants in Ann Arbor

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Why Tax The Rich? Efficiency, Equity, And Progressive Taxation, Reuven S. Avi-Yonah Jan 2002

Why Tax The Rich? Efficiency, Equity, And Progressive Taxation, Reuven S. Avi-Yonah

Reviews

In Greek mythology, Atlas was a giant who carried the world on his shoulders. In Ayn Rand’s 1957 novel Atlas Shrugged, Atlas represents the “ prime movers”—the talented few who bear the weight of the world’s economy.1 In the novel, the prime movers go on strike against the oppressive burden of excessive regulation and taxation, leaving the world in disarray and demonstrating how indispensable they are to the rest of us (the “second handers” ).

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The Canon Has A History, Richard A. Primus Jan 2002

The Canon Has A History, Richard A. Primus

Reviews

Legal Canons, edited by J. M. Balkin and Sanford Levinson, is a collection of fourteen essays on subjects related to canonicity in law and legal education. Balkin and Levinson have two principal aims. One is to expand the category of things that can be canonical: not just texts, they say, but also arguments, problems, narrative frameworks, and examples invoked in conversation or teaching. In their view, what makes something canonical is its ability to reproduce itself in the minds of successive generations.' If generation after generation of legal academics argues about the countermajoritarian difficulty, then the countermajoritarian difficulty is a …

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...A Rendezvous With Kreplach: Putting The New Deal Court In Context, Richard D. Friedman Jan 2002

...A Rendezvous With Kreplach: Putting The New Deal Court In Context, Richard D. Friedman

Reviews

The Supreme Court of the New Deal era continues to captivate lawyers and historians. Constitutional jurisprudence changed rapidly during the period. Moreover, some of the most significant changes seemed--whatever the reality--to result from pressure imposed in 1937 by President Franklin Roosevelt's plan to pack the Court. The structure of constitutional law that emerged within a few years of Roosevelt's death remains intact in significant respects today.

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"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Don Herzog Jan 2002

"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Don Herzog

Reviews

Ronald Dworkin's' latest might well seem sharply discontinuous with his other work. The formal theoretical apparatus that kicks off the book is a forbiddingly abstract - some will say arcane - hypothetical auction, coupled with a hypothetical insurance market. There is simply nothing like it in Taking Rights Seriously, or A Matter of Principle, or Law's Empire, or Life's Dominion, or Freedom's Law. Then again, Dworkin first published the key papers on the auction some twenty years. ago and has never flagged, as far as I know, in his commitment to the basic project.2 Theorists have been waiting for the …

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"Business On Trial: The True Story." Review Of Business On Trial: The Civil Jury And Corporate Responsibility, Richard O. Lempert Jan 2002

"Business On Trial: The True Story." Review Of Business On Trial: The Civil Jury And Corporate Responsibility, Richard O. Lempert

Reviews

Jury trials are very much an affair of stories. Lawyers tell stories to juries. Evidence is more convincing when presented in story order. Jurors use stories to make sense of evidence. And litigants, particularly losing litigants, tell stories about juries. One of the favorite stories of losing business litigants, second only to the irrational jury story, is the Robin Hood story. Juries love to play Robin Hood, to steal from the rich (businesses and insurance companies) and to give to the poor (individual litigants, especially individual tort litigants). The storytellers see no mystery here. Jurors are "little guys," like the …

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Public Vs. Proprietary Science: A Fruitful Tension?, Rebecca S. Eisenberg, Richard R. Nelson Jan 2002

Public Vs. Proprietary Science: A Fruitful Tension?, Rebecca S. Eisenberg, Richard R. Nelson

Articles

What should be public and what should be private in scientific research? The competitive sprint of public and private laboratories to complete the sequence of the human genome has brought this question to the fore. The same question frames the developing struggle over terms of access to human embryonic stem cell lines and the conflict between Microsoft and the open source movement over how best to promote software development. We expect such conflicts to become more widespread as the role of for-profit research expands in a broader range of scientific fields. Will science progress more swiftly and fruitfully if its …

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The Constitution And The New Deal, Richard D. Friedman Jan 2002

The Constitution And The New Deal, Richard D. Friedman

Reviews

The Supreme Court of the New Deal era continues to captivate American lawyers and historians. Constitutional jurisprudence changed rapidly during the period. Moreover, some of the most significant changes appeared - whatever the reality - to result from pressure imposed in 1937 by President Franklin Roosevelt's plan to pack the Court with Justices amenable to his programme. The structure of constitutional law that emerged within a few years of Roosevelt's death remains intact in significant respects today.

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Statutes With Multiple Personality Disorders: The Value Of Ambiguity In Statutory Design And Interpretation, Joseph A. Grundfest, Adam C. Pritchard Jan 2002

Statutes With Multiple Personality Disorders: The Value Of Ambiguity In Statutory Design And Interpretation, Joseph A. Grundfest, Adam C. Pritchard

Articles

Ambiguity serves a legislative purpose. When legislators perceive a need to compromise they can, among other strategies, "obscur[e] the particular meaning of a statute, allowing different legislators to read the obscured provisions the way they wish." Legislative ambiguity reaches its peak when a statute is so elegantly crafted that it credibly supports multiple inconsistent interpretations by legislators and judges. Legislators with opposing views can then claim that they have prevailed in the legislative arena, and, as long as courts continue to issue conflicting interpretations, these competing claims of legislative victory remain credible. Formal legal doctrine, in contrast, frames legislative ambiguity …

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Expert Testimony On Fingerprints: An Internet Exchange, Richard D. Friedman, David H. Kaye, Jennifer Mnookin, Dale Nance, Michael Saks Jan 2002

Expert Testimony On Fingerprints: An Internet Exchange, Richard D. Friedman, David H. Kaye, Jennifer Mnookin, Dale Nance, Michael Saks

Articles

In United States v. Llera Plaza, 188 F. Supp. 2d 549 (E.D. Pa. 2002), a federal district initially limited expert opinion testimony on fingerprint identifications because the government was unable to show that such identifications were sufficiently valid and reliable under Federal Rule of Evidence 702. Then, the court withdrew the opinion. This article reproduces an exchange of notes on the initial opinion submitted by five law professors.

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A Very Brief Primer On Bayesian Methods In Evidence, Richard D. Friedman Jan 2002

A Very Brief Primer On Bayesian Methods In Evidence, Richard D. Friedman

Articles

I have been asked to write an extremely short explanation of the Bayesian approach to evidentiary issues, for the benefit of those who regard themselves as probabilistically challenged. Although the application of Bayesian probability to evidence has generated a good deal of debate, its use as a heuristic device should not be particularly controversial. Evidence concerns propositions that are uncertain. Accordingly, some concept of probability must play a role. Standards of persuasion, such as "more likely than not" and "beyond a reasonable doubt" are clearly probabilistic, and the definition of relevant evidence, as expressed in Fed. R. Evid. 40 I, …

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Banking For The Unbanked, Michael S. Barr Jan 2002

Banking For The Unbanked, Michael S. Barr

Articles

The consequences of not having access to mainstream financial services can be severe. Fim, the "unbanked" face high costs for basic financial servies. For example, a 2000 Treasury [U.S. Treasury Department] study found that a worker eaming $12,000 a year would pay approximately $250 annually just to cash payroll checks at a check cashing outlet, in addition to fees for money orders, wire transfers, bill payments, and other common transactions. Regular payments with low credit risk that could be directly deposited into bank accounts, with significantly lower payment systems costs, form the bulk of checks cashed at these check cashing …

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A Control-Based Approach To Shareholder Liability For Corporate Torts, Nina A. Mendelson Jan 2002

A Control-Based Approach To Shareholder Liability For Corporate Torts, Nina A. Mendelson

Articles

Some commentators defend limited shareholder liability for torts and statutory violations as efficient, even though it encourages corporations to overinvest in and to externalize the costs of risky activity. Others propose pro rata unlimited shareholder liability for corporate torts. Both approaches, however, fail to account fully for qualitative differences among shareholders. Controlling shareholders, in particular, may have lower information costs, greater influence over managerial decisionmaking, and greater ability to benefit from corporate activity. This Article develops a control-based approach to shareholder liability. It first explores several differences among shareholders. For example, a controlling shareholder can more easily curb managerial risk …

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Who Should Watch Over Refugee Law?, James C. Hathaway Jan 2002

Who Should Watch Over Refugee Law?, James C. Hathaway

Articles

We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.

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