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1979

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Articles 1 - 30 of 41

Full-Text Articles in Law

The Landmarks Of Federal Hill: Biography Of Judge Luigi Depasquale And The Nomenclature Of Depasquale Avenue, Joseph R. Muratore Dec 1979

The Landmarks Of Federal Hill: Biography Of Judge Luigi Depasquale And The Nomenclature Of Depasquale Avenue, Joseph R. Muratore

Joseph Muratore papers: Newspaper Columns

No abstract provided.


Regulation Of Programming Content To Protect Children After Pacifica, Dabney E. Bragg Nov 1979

Regulation Of Programming Content To Protect Children After Pacifica, Dabney E. Bragg

Vanderbilt Law Review

This Note examines the "protect the children" rationale as justification for the regulation of program content to determine if it is likely to withstand future challenges. Initially, the Note reviews the Pacifica decisions to illustrate how the rationale recently has been employed. The Note then considers this rationale in light of traditional first amendment analysis and the interface of that analysis with the rights of children, concluding that the rationale does not justify abridgment of the first amendment. The Note then considers the effect of broadcasting's "unique characteristics" upon this analysis, concluding that this added element does not tip the …


Lawyering And Client Decisionmaking: Informed Consent And The Legal Profession, Mark Spiegel Oct 1979

Lawyering And Client Decisionmaking: Informed Consent And The Legal Profession, Mark Spiegel

Mark Spiegel

In this Article, Professor Spiegel examines the doctrine of informed consent as it relates to the legal profession. The Article first traces the development of the informed-consent doctrine and then considers the extent to which current legal doctrines and professional norms incorporate informed consent between lawyers and their clients. Professor Spiegel suggests that the predominant focus of informed consent is on a lawyer’s power to bind his client vis-à-vis third parties and advocates for the development of an informed-consent doctrine that accounts for the interests of all parties involved. Professor Spiegel concludes with a discussion of the application of his …


A Tax Expenditure Analysis, Richard Pomp Oct 1979

A Tax Expenditure Analysis, Richard Pomp

Faculty Articles and Papers

No abstract provided.


The Juridical Status Of The Fetus: A Proposal For Legal Protection Of The Unborn, Patricia A. King Aug 1979

The Juridical Status Of The Fetus: A Proposal For Legal Protection Of The Unborn, Patricia A. King

Michigan Law Review

What claims to protection can be asserted by a human fetus? That question, familiar to philosophy and religion, has long haunted law as well. While the philosophical and theological issues remain unresolved, and are perhaps unresolvable, I believe that we can no longer avoid some resolution of the legal status of the fetus. The potential benefits of fetal research, the ability to fertilize the human ovum in a laboratory dish, and the increasing awareness that a mother's activities during pregnancy may affect the health of her offspring create pressing policy issues that raise possible conflicts among fetuses, mothers, and researchers. …


Abortion And The Presidential Election Of 1976: A Multivariate Analysis Of Voting Behavior, Maris A. Vinovskis Aug 1979

Abortion And The Presidential Election Of 1976: A Multivariate Analysis Of Voting Behavior, Maris A. Vinovskis

Michigan Law Review

Despite the widespread public interest in the role of the abortion controversy in American politics today, no one has attempted to analyze systematically its impact on the electorate. Some national opinion surveys have asked voters whether or not they would be influenced by a candidate's position on abortion, but they have not attempted to ascertain its relative importance, compared to other considerations, in the final deliberations of the electorate. In an effort to provide a more systematic study of the role of abortion in American politics today, this Article analyzes the campaign to elect the President of the United States …


Public Support For Pro-Choice Abortion Policies In The Nation And States: Changes And Stability After The Roe And Doe Decisions, Eric M. Uslaner, Ronald E. Weber Aug 1979

Public Support For Pro-Choice Abortion Policies In The Nation And States: Changes And Stability After The Roe And Doe Decisions, Eric M. Uslaner, Ronald E. Weber

Michigan Law Review

"The Supreme Court," according to the legendary Mr. Dooley, "follows the election returns." In 1973, the Court's two landmark decisions, Roe v. Wade and Doe v. Bolton, struck down statutes in the forty-six states where abortions were not permitted under any circumstances or were allowed only to save the life of the woman during the first three months of pregnancy. There had been a considerable increase in the level of support for the pro-choice position among the public in the few years preceding Roe and Doe. But did the decisions themselves lead to even more public support for …


La Corte Suprema Y El Futuro Del País, Horacio M. Lynch Apr 1979

La Corte Suprema Y El Futuro Del País, Horacio M. Lynch

Horacio M. LYNCH

"...La influencia de la CSN en la estabilidad política y en la afirmación de las virtudes republicanas de gobierno...".


Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler Apr 1979

Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


The Changing, But Not Declining, Significance Of Race, Thomas F. Pettigrew Mar 1979

The Changing, But Not Declining, Significance Of Race, Thomas F. Pettigrew

Michigan Law Review

A Review of The Declining Significance of Race: Blacks and Changing American Institutions by William Julius Wilson


Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob Mar 1979

Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob

Michigan Law Review

A Review of Doing Good: The Limits of Benevolence by Willard Gaylin, Ira Glasser, Steven Marcus, and David J. Rothman


Law, Legitimacy, And Symbols: An Expanded View Of Law And Society In Transition, Malcolm M. Feeley Mar 1979

Law, Legitimacy, And Symbols: An Expanded View Of Law And Society In Transition, Malcolm M. Feeley

Michigan Law Review

A Review of Law and Society in Transition: Toward Responsive Law by Philippe Nonet and Philip Selznick


From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis Mar 1979

From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis

Michigan Law Review

A Review of The Best-Laid Plans: America's Juvenile Court Experiment by Ellen Ryerson


The Engineers In The Price System, Alfred A. Desimone Jr. Mar 1979

The Engineers In The Price System, Alfred A. Desimone Jr.

Michigan Law Review

A Review of America by Design: Science, Technology, and the Rise of Corporate Capitalism by David F. Noble


Litigation And Mediation In Thailand, Sally Falk Moore Mar 1979

Litigation And Mediation In Thailand, Sally Falk Moore

Michigan Law Review

A Review of Code and Custom in a Thai Provincial Court by David M. Engel


Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney Mar 1979

Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney

Michigan Law Review

A Review of Porter: The Never-Ending Wrong, and Meeropol & Meeropol: We Are Your Sons: The Legacy of Ethel and Julius Rosenberg, and Weinstein:Perjury: The Hiss-Chambers Case


The Matrix Of Professionalization: Three Recent Interpretations, Alan Creutz Mar 1979

The Matrix Of Professionalization: Three Recent Interpretations, Alan Creutz

Michigan Law Review

A Review of The culture of Professionalism: The Middle Class and the Development of Higher Education in America by Buron J. Bledstein, and The Emergence of Professional Social Science: The American Social Science Association and the Nineteenth-Century Crisis of Authority by Thomas L. Haskell, and The Rise of Professionalism: A Sociological Analysis by Magali Sarfatti Larson


Private Standing And Public Values, Michael Boudin Mar 1979

Private Standing And Public Values, Michael Boudin

Michigan Law Review

A Review of Legal Identity: The Coming of Age of Public Law by Joseph Vining


Changed Society, Changing Law, Hence Unstable Prisons, Daniel Glaser Mar 1979

Changed Society, Changing Law, Hence Unstable Prisons, Daniel Glaser

Michigan Law Review

A Review of Stateville: The Penitentiary in Mass Society by James B. Jacobs


Program From The Twenty-Eighth Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1979

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

Cooley Lecture Materials

The program from the twenty-eighth Thomas M. Cooley lectures, held February 5-7, 1979, at the University of Michigan Law School. The lecture series was "The Burger Court and Free Expression" by Robert H. Bork and Norman Dorsen.


Program From The Twenty-Ninth Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1979

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

Cooley Lecture Materials

The program from the twenty-ninth Thomas M. Cooley lectures, held October 22-24, 1979, at the University of Michigan Law School. The lecture series was "Nonsense on Stilts? The New Law and Economics Twenty Years Later" by Guido Calabresi.


Review Of The Legal Needs Of The Public, , Richard Lempert Jan 1979

Review Of The Legal Needs Of The Public, , Richard Lempert

Reviews

Both the title, The Legal, Needs of the Public, and the subtitle, The Final, Report of a National, Survey, of this volume are, quite fortunately, inapt. The report does not seek to quantify the legal needs of the public or to determine whether "needs" are being "met," and we are told by both Barbara Curran in her preface and Spencer Kimball in his foreword that this "final report" signifies the beginning and not the end of data analysis. This study (which I shall call the ABF study) is a joint undertaking of the American Bar Association Special Committee to Survey …


Protection Of Children From Use In Pornography: Toward Constitutional And Enforceable Legislation, T. Christopher Donnelly Jan 1979

Protection Of Children From Use In Pornography: Toward Constitutional And Enforceable Legislation, T. Christopher Donnelly

University of Michigan Journal of Law Reform

This article will begin with an overview of the child pornography problem, then move to a more detailed discussion of the harms wrought upon children and society by the production and distribution of such material. A discussion of prior law will follow, detailing the need for legislation aimed specifically at the child pornography industry. The majority of the article will undertake a critical examination of existing child pornography legislation. The various elements of the offenses will be discussed and recommendations will be made to assure the effectiveness and constitutionality of child pornography statutes. In addition, provisions designed to facilitate easier …


Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall Jan 1979

Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall

Vanderbilt Law Review

Justice Oliver Wendell Holmes, Jr., once urged historians to study the law because it offered a magic mirror whose reflections divulged fundamental social values.' Holmes' plea on behalf of the utility of legal history has relevance for southerners intrigued by the possibility of their historical distinctiveness. Without a basis of comparison, however, the search for southern exceptionality becomes a quest after the arcane. As C. Vann Woodward observed,southern history ought to tell all Americans, not southerners alone,something about their common pasts. Woodward argued that attaining this goal was entirely feasible, since certain aspects of the southern past, such as slavery …


Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann Jan 1979

Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann

Faculty Scholarship

Under the aegis of President John Kennedy, Congress first began to concern itself with the needs of the mentally ill over two decades ago. Bills providing for community mental health centers and congregate housing have appeared subsequently to attempt to expedite integration of the mentally ill into community life. These congressional mandates, however, have met with reluctance-if not hostility. While federal law makers have been the champion of deinstitutionalization, they have placed responsibility for implementation of their programs on the state and local levels. There, local governmental authorities have reacted defensively to exclude the mentally ill from their neighborhoods, primarily …


Production And Consumption Of Informal Law: A Model For Identifying Information Loss, Sandra M. Huszagh, Fredrick W. Huszagh Jan 1979

Production And Consumption Of Informal Law: A Model For Identifying Information Loss, Sandra M. Huszagh, Fredrick W. Huszagh

Scholarly Works

This Article seeks to indicate where the probability of citizen ignorance is greatest, and to identify the important independent variables that determine the probable level of ignorance. On the basis of this analysis, the Article sets forth a model designed to facilitate development of law communication reforms that can restore legitimacy to the government's assumption that ignorance is not a proper defense to noncompliance. The model can be applied at any jurisdictional level. The nine charts at the end of the Article illustrate how various communication factors individually and cumulatively condition information flow at each level.


Race, Property Rights, And The Economic Consequences Of Reconstruction: A Case Study, Robert J. Haws, Michael V. Namorato Jan 1979

Race, Property Rights, And The Economic Consequences Of Reconstruction: A Case Study, Robert J. Haws, Michael V. Namorato

Vanderbilt Law Review

In assessing the problems of race and debtor relief in Mississippi during Reconstruction, it is clear that, on the local level, the Lafayette County court system, as represented by the Lafayette county court, effectively carried out an institutional framework established by the Mississippi legislature and the Mississippi Supreme Court in which the freedman was denied any meaningful role and/or opportunity in the economic environment of the community.In doing so, the county court system, by allegedly protecting the rights of private property, helped stifle the economic recovery of Lafayette County and, inferentially, the State as a whole. Moreover, by quickly acting …


Book Reviews, Journal Staff Jan 1979

Book Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

Book Reviews

MERCHANTS OF GRAIN Dan Morgan New York: The Viking Press,1979. Pp. xiv, 387. $14.95.

Reviewed by Leo V. Mayer

======================

THE DISCIPLINE OF LAW Lord Denning London: Butterworths, 1979. Pp. xxii, 331.

Reviewed by P. F. Ashman


Editorial Privilege And The Scope Of Discovery In Sullivan Rule Libel Actions, Howard Hunter Jan 1979

Editorial Privilege And The Scope Of Discovery In Sullivan Rule Libel Actions, Howard Hunter

Research Collection Yong Pung How School Of Law

The war in Vietnam was the source of a great deal of social, political, and legal controversy. The impact of that war on our society was significant and substantial, but most students of the experience would probably not have predicted that the war's events would produce a lawsuit that could have a significant effect on the common law tort of defamation. The intriguing saga of Lt. Colonel Anthony Herbert, however, set the stage for the decision of a case that was almost as important to libel litigants as New York Times Co. v. Sullivan and Gertz v. Robert Welch, Inc.


Comment: Race, Property Rights, And The Economic Consequences Of Reconstruction, Robert B. Jones Jan 1979

Comment: Race, Property Rights, And The Economic Consequences Of Reconstruction, Robert B. Jones

Vanderbilt Law Review

Professors Haws and Namorato are to be praised for their pioneer work in studying the operation of a county court system in the Reconstruction era. They break new historical ground in this effort that has the potential for greatly contributing to the study of the legal history of the South. More scholars must engage in this endeavor if the field of legal history is to reach its full maturity. While their efforts are to be complimented it must be pointed out, however, that they generally fail to make their case in this Article. They do not show a significant link …