Law Commons^™

Post-Totalitarian Politics, Guyora Binder

Michigan Law Review

A Review of The End of History and the Last Man by Francis Fukuyama and Civil Society and Political Theory by Jean L. Cohen and Andrew Arato

Administering Justice In A Consensus-Based Society, Koichiro Fujikura

Michigan Law Review

A Review of Authority Without Power: Law and the Japanese Paradox by John O. Haley

Apple Of Gold: Constitutionalism In Israel And The United States, Cynthia A.M. Stroman

Michigan Law Review

A Review of Apple of Gold: Constitutionalism in Israel and the United States by Gary Jeffrey Jacobsohn

Antitrust In A World Of Interrelated Economies: The Interplay Between Antitrust And Trade Policies In The Us And The Eec, Alyssa A. Grikscheit

Michigan Law Review

A Review of Antitrust In a World of Interrelated Economies: The Interplay Between Antitrust and Trade Policies in the US and the EEC by Mário Marques Mendes

Microeconomics Made (Too) Easy: A Casebook Approach To Teaching Law And Economics, Gregory S. Crespi

Michigan Law Review

A Review of Cases and Materials on Law and Economics by David W. Barnes and Lynn A. Stout

Training Tomorrow's Banking Lawyers, John D. Hawke Jr., Melanie L. Fein

Michigan Law Review

A Review of Banking Law and Regulation by Jonathan R. Macey and Geoffrey P. Miller

A Biography Of The Second Justice Harlan, Louis R. Cohen

Michigan Law Review

A Review of John Marshall: Great Dissenter of the Warren Court by Tinsley E. Yarbrough

Hoffa, James S. Beall

Michigan Law Review

A Review of Hoffa by Arthur A. Sloane

A Question Of Choice, Michele A. Estrin

Michigan Law Review

A Review of A Question of Choice by Sarah Weddington

A Tale Of Two Rivers, Carol M. Rose

Michigan Law Review

A Review of The Green Cathedral: Sustainable Development of Amazonia by Juan de Onis and Nature Incorporated: Industrialization and the Waters of New England by Theodore Steinberg

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson

Michigan Law Review

A Review of Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius by Edward de Grazia

"Take This Job And Shove It": The Rise Of Free Labor, Jonathan A. Bush

Michigan Law Review

A Review of The Invention of Free Labor: The Employment Relation in English and American Law and Culture, 1350-1870 by Robert J. Steinfeld

Taking Fact Analysis Seriously, Bernard Robertson, G. A. Vignaux

Michigan Law Review

A Review of Analysis of Evidence: How To Do Things with Facts Based on Wigmore's Science of Judicial Proof by Terence Anderson and William Twining

Hydraulic Empire, Joseph L. Sax

Michigan Law Review

A Review of The Great Thirst: Californians and Water, 1170s-1990s by Norris Hundley, Jr.

Free Speech For Me—But Not For Thee: How The American Left And Right Relentlessly Censor Each Other, Bradley L. Smith

Michigan Law Review

A Review of Free Speech for Me—But Not for Thee: How the American Left and Right Relentlessly Censor Each Other by Nat Hentoff

Incompletely Reasoned Sex: A Review Of Posner's Somewhat Misleading Guide To The Economic Analysis Of Sex And Family Law, Martin Zelder

Michigan Law Review

A Review of Sex and Reason by Richard A. Posner

Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer

Michigan Law Review

State laws differ, and they differ on issues of tremendous importance to the ways that we conduct our lives. Abortion and the right to die are two issues on which state law intersects with deeply held moral convictions, and on which state laws vary. With so much hanging in the balance, it is not surprising that those who find themselves outvoted or outmaneuvered in local political processes sometimes seek a legal climate more compatible with their beliefs about human decency and dignity. The right to "vote with one's feet" - to travel or move to another state and trade a …

"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

Michigan Law Review

In a prior article, I addressed the problem of extraterritorial abortions under the assumption that the federal constitutional right of reproductive choice would be repudiated by the Supreme Court on Justice Scalia's theory that such rights lack sufficiently deep roots in the history and traditions surrounding the framing of the Constitution and the Fourteenth Amendment. I argued there that a constitutional methodology that relied on traditions and expectations of the Framers would provide a strong basis for concluding that the Constitution imposes severe limits on states' power to project their moralities extraterritorially. If Justice Scalia is serious about a regard …

Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman

Michigan Law Review

This colloquy was organized around the unpleasant hypothesis that the Supreme Court would overrule Roe v. Wade and that Congress would not fill the resulting void with federal legislation. The abortion debate would then move to the states, where local majorities could enact their own resolutions. If the local majorities were large enough, they could even write their local resolutions into their state constitutions. The contrasting state constitutions that could result might then replicate the comparativists' current juxtaposition between the U.S. Constitution and the constitutions of Germany and Ireland. In some states, prohibition of abortion would be constitutionally required, while …

Saving The Self?, Daniel R. Ortiz

Michigan Law Review

In a recent article, Law, Politics, and the Claims of Community, Stephen A. Gardbaum accurately diagnoses one of the greatest problems in contemporary political and legal theory: the "complete confusion" about what communitarianism means.

Gardbaum's basic insight is, I think, both powerful and correct. We have been seeing contradiction and conflict where there often is none at all. As important and salutary as his account is, however, it deserves response. His taxonomy of communitarianism, the heart of his piece, well shows that communitarianism makes fundamentally different types of claims. It does not, however, make as many different kinds of …

"Was Blind, But Now I See": White Race Consciousness And The Requirement Of Discriminatory Intent, Barbara J. Flagg

Michigan Law Review

Part I briefly reviews the case law that has established and elaborated the requirement of discriminatory intent. I discuss the theoretical background against which Washington v. Davis was decided, a debate over the possibility and propriety of judicial review of legislative motive. I suggest that the significant institutional difficulties associated with the triumphant discriminatory intent rule, together with the many substantive criticisms leveled against it, might lead one to expect to see relative doctrinal instability here. On the contrary, the requirement of discriminatory intent has been one of the most stable doctrines in modem constitutional law. I conclude with the …

Enforcement Of Tsca And The Federal Five-Year Statute Of Limitations For Penalty Actions, Teresa A. Holderer

Michigan Law Review

Many years prior to TSCA, Congress enacted a general five-year statute of limitations for actions for the enforcement of civil penalties, fines, and forfeitures, which, if applicable, would alleviate these problems. Although the Agency claims that no statute of limitations applies, this Note argues that the general five-year statute of limitations, found in section 2462 of title 28, should apply to EPA's administrative proceedings to assess penalties as well as to later collection actions in federal courts. Part I details TSCA's enforcement procedures, which create special difficulties when applying section 2462's statute of limitations. Part I also examines how EPA, …

Toward A Liberal Application Of The "Close Of All The Evidence" Requirement Of Rule 50(B) Of The Federal Rules Of Civil Procedure: Embracing Fairness Over Formalism, Rollin A. Ransom

Michigan Law Review

This Note examines the language and purposes of rule 50 to determine if and when a relaxed application of its requirements is appropriate. Part I considers the terms and goal of the rule and concludes that its purpose is to put the party opposing the motion for judgment as a matter of law on notice of the movant's assertion that the evidence is insufficient as a matter of law, and to provide the opposing party an opportunity to "cure." Part II discusses courts' varying application of the requirement that a motion for judgment as a matter of law made at …

Dialogue And Judicial Review, Barry Friedman

Michigan Law Review

This article argues that most normative legal scholarship regarding the role of judicial review rests upon a descriptively inaccurate foundation. The goal of this article is to redescribe the landscape of American constitutionalism in a manner vastly different than most normative scholarship. At times this article slips across the line into prescription, but by and large the task is descriptive. The idea is to clear the way so that later normative work can proceed against the backdrop of a far more accurate understanding of the system of American constitutionalism.

This article proceeds in three separate parts. Parts I and II …

The Charge-Filing Requirement Of The Age Discrimination In Employment Act: Accrual And Equitable Modification, Jim Beall

Michigan Law Review

This Note argues that ADEA causes of action should accrue when the plaintiff discovers, or reasonably should have discovered, that she has been injured by an adverse employment action such as discharge, demotion, denial of a position or promotion, or receipt of pay lower than employees doing the same job. Courts should equitably modify the filing period for the time in which the plaintiff reasonably failed to file a charge even though she already knew of the adverse employment action. Such a situation arises largely in two contexts: (1) when an employer engages in active misconduct that keeps the plaintiff …

Rescuing The Revolution: The Revived Case For Enterprise Liability, Steven P. Croley, Jon D. Hanson

Michigan Law Review

The article proceeds as follows. Part I defines important terms and introduces the two-by-four Products Liability Matrix by explaining the eight possible positions that might be taken with respect to the mutability and liability-standard dimensions of products liability. Part II provides a backdrop for the current products liability debate, first by setting out a capsule history of the evolution of the modem products liability regime, and then by explaining the arguments offered by the "first generation" of products liability scholars to justify expanded manufacturer liability. Part II also illustrates the utility of the Products Liability Matrix by locating many of …

The Sexual Innocence Inference Theory As A Basis For The Admissibility Of A Child Molestation Victim's Prior Sexual Conduct, Christopher B. Reid

Michigan Law Review

The sexual innocence inference refers to the thought process a jury follows when it hears a young child testify about sexual acts and matters that reveal an understanding of such acts beyond the capacity likely at his or her age. A jury is likely to assume that because the child is so young, he or she must be innocent of sexual matters. Shocked by the child's display on the witness stand, the jury may then infer that the child could have acquired such knowledge only if the charged offense of child molestation is true. To rebut this inference, a defendant …

Whose Loyalties?, Christina Whitman

Michigan Law Review

A Review of Loyalty: An Essay on the Morality of Relationships by George P. Fletcher

Law Teachers' Writing, James Boyd White

Michigan Law Review

Judge Edwards divides scholarship into the theoretical and the practical, and, while conceding the place and value of both, argues that there is today too much of the former, too little of the latter. The result, he says, is an increasing and unfortunate divide between the life of law practice and the writing of law teachers. One can understand his complaint readily enough, especially coming as it does from an overworked judge. I myself have had perceptions and feelings somewhat like those that seem to animate Judge Edwards, though I would express them differently: for me the relevant line is …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 91, Issue 5 of Michigan Law Review