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2002

University of Michigan Law School

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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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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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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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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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"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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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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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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Foreign Direct Investment In Latin America Overview And Current Status, Reuven S. Avi-Yonah, Martin B. Tittle Jan 2002

Foreign Direct Investment In Latin America Overview And Current Status, Reuven S. Avi-Yonah, Martin B. Tittle

Other Publications

More firms than ever, and in more industries and countries, are expanding abroad through [foreign] direct investment [FDI]. Although FDI in 1980 was equivalent to only 5% of world GDP, by the end of the 1990's, that percentage had more than tripled to 17%. In 1993, the total US dollar value of world FDI was only US$ 200 billion, but by the year 2000, it had risen to US$ 1.3 thousand billion. Developing countries received around 25% of these inflows, mostly in the form of "greenfield" investments, where a new enterprise is essentially created from scratch.

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The Once And Future Labor Act: Myths And Realities, Theodore J. St. Antoine Jan 2002

The Once And Future Labor Act: Myths And Realities, Theodore J. St. Antoine

Other Publications

In this provocative article Professor St. Antoine laments, "I cannot believe that a private-sector workforce that is only one-tenth organized is ultimately good for labor, for management, or for the whole of our society." His speech to the College of Labor and Employment Lawyers outlines the original purposes of the National Labor Relations Act, the reasons for the drastic decline in the percentage of the workforce that is unionized, and his suggestions for changes in the law that would encourage and promote collective bargaining.

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Res Ipsa Loquitur Jan 2002

Res Ipsa Loquitur

Yearbooks & Class Year Publications

Yearbook of the Class of 2002.

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Dicta, University Of Michigan Law School Jan 2002

Dicta, University Of Michigan Law School

Miscellaneous Law School History & Publications

We are proud to present the 2002 edition of Dicta, the Law School Literary Journal. The literary journal was created in order to provide a forum for the creative talents that are sometimes overlooked in a rigorous academic environment. This journal reflects the richness and diversity of our Law School Community, students, faculty, and staff alike.

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Honors Convocation, University Of Michigan Law School Jan 2002

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 3, 2002 University of Michigan Law School Honors Convocation.

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Faculty Scholarship 1999-2002, University Of Michigan Law School Jan 2002

Faculty Scholarship 1999-2002, University Of Michigan Law School

Miscellaneous Law School History & Publications

A listing of all the published works of University of Michigan Law School faculty.

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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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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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Sex, Gender, And September 11, Hilary Charlesworth, Christine M. Chinkin Jan 2002

Sex, Gender, And September 11, Hilary Charlesworth, Christine M. Chinkin

Articles

The October 2001 issue of the American Journal ofInternational Law contained several editorials on the international law implications of the hijackings of September 11, 2001, and their aftermath.' In one respect these editorials resemble other writings on these events in academic and popular media: questions of sex and gender are largely overlooked.' In our view, however, concepts of sex and gender provide a valuable perspective on these devastating actions.' We use the term "sex" here to refer to issues about women as distinct biological beings from men, and the term "gender" to encompass social understandings of femininity and masculinity. Although …

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(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah Jan 2002

(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah

Articles

What is the relationship between the international tax regime, as embodied in bilateral international tax treaties, and multilateral free trade agreements like the General Agreement on Tariffs and Trade (GATr)?' Are their fundamental goals consistent or inconsistent? If they are inconsistent, should the tax treaties or the GATT be changed to remedy the inconsistency? If they are consistent, should the scope of either be expanded to include the other?

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