Law Commons^™

The Prospects For Individual Freedom: Toward Greater Fairness For All, J. Ralph Beaird, C. Ronald Ellington

Scholarly Works

Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means.

Imagine that on June 1, 2001, the latest issue of United States Law Week listed the following cases for oral argument at the next October term of the United States Supreme Court....

Reflections On Proposals For Corporate Reform Through Change In The Composition Of The Board Of Directors: Special Interest Or Public Directors, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

Program From The Twenty-Second Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-second Thomas M. Cooley lectures, held April 4-6, 1973, at the University of Michigan Law School. The lecture series was "Income Taxatoin and Political Rhetoric" by Boris I. Bittker.

The Public's Right To Know: Disclosure In The Major American Corporation, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

Corporate Social Responsibility Panel: The Constituencies Of The Corporation And The Role Of The Institutional Investor, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

Victimless Crimes: A Proposal To Free The Courts, Robert C. Boruchowitz

Faculty Articles

Victimless "crimes"—acts that are presently outside the law but which have no readily identifiable victim—account for almost half of the cases handled by United States courts. They include behavior which may reflect illness and which requires medical and therapeutic attention (such as drunkenness), as well as behavior condemned as varying from moral or social standards and leading to harmful behavior (such as vagrancy and curfew violations). If the burden of regulating this type of behavior were removed from the criminal justice system, perhaps one half of the courts' current case load could be eliminated. Furthermore, persons caught in deviant conduct …

A Married Woman's Surname: Is Custom Law?, Julia C. Lamber

Articles by Maurer Faculty

A general awakening of concern for the rights of women has occurred in recent years, and with it the particular problems of married women have been analyzed against a background of centuries of legal and social assumptions. With the impetus of employment discrimination legislation, the proposed equal rights amendment, and litigation raising sex discrimination issues, it is not surprising that many women are actively seeking to retain their pre-marriage names. This movement compels us to re-examine the custom that a woman must assume her husband's surname upon marriage. That such a phenomenon is custom and not law deserves our attention …

Georgia Investment Company V. Norman: The Supreme Court Creates A New Form Of Class Action For Georgia, Howard Hunter

Research Collection Yong Pung How School Of Law

The recent decision of the Georgia Supreme Court in Georgia Investment Co. v. Norman has raised a number of interesting and difficult questions about the maintenance of class actions in the Georgia courts. The Norman decision could have serious ramifications for courts, lawyers and litigants in Georgia, and if its rationale should find acceptance in other jurisdictions the effects could be much broader in scope. The class action device can be an efficient and relatively inexpensive method for the adjudication of similar claims of a large number of persons in one proceeding. At its best, the class suit can work …

Constitutional Approaches To Metropolitan Planning, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Political Surveillance And The Fourth Amendment, Alan Meisel

Articles

The United States District Court case has left the scope of the warrant protection of the fourth amendment considerably clearer and broader. The door left ajar in Katz has been firmly fastened shut by the Court leaving only the traditional exceptions to the warrant requirement, which are based upon practical necessity, and the still unconfronted question of the power of the executive to conduct warrantless surveillances of foreign agents in national security cases." It is also clear that courts are no less competent to evaluate the appropriateness of a search and seizure in an internal security case than in a …

Militants, Moderates, And Social Change, Michael I. Sovern

Faculty Scholarship

The thesis of this paper is a simple generalization: To the extent that social protest draws attention to its form rather than to the grievance it seeks to redress, it is likely to be unproductive. I add a quick qualification. In offering this generalization, I am assuming that the protester is genuine in seeking to redress one or more grievances and that he is not using the grievance as a subterfuge to pick a fight. If the purpose of the protest is in fact to provoke a repressive response, then, of course, my generalization is inapplicable.

We obviously have a …

The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar

Articles

Fifty years ago Clarence Darrow, probably the greatest criminal defense lawyer in American history and a leading opponent of capital punishment, observed: The question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment. Some states have abolished and then reinstated it; some have enjoyed capital punishment for long periods of time and finally prohibited the use of it. The reasons why it cannot be settled are plain. There is first of all no agreement as to the objects of punishment. Next there is no way to …

A Comment On Dean Sovern's Paper, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.