Law Commons^™

Designating Male Parents At Birth, Jeffrey A. Parness

University of Michigan Journal of Law Reform

In focusing on legal designations of male parentage as of the time of birth, this Essay first reviews the methods by which such designations currently are made. The difficulties raised by contemporary methods then will be explored, together with suggested reforms involving laws that could promote earlier, more complete, and more accurate designations of male parentage as of the time of a child's birth.

Eliminating The Labyrinth: A Proposal To Simplify Federal Mortgage Lending Discrimination Laws, Stephen M. Dane

University of Michigan Journal of Law Reform

The object of this Article is to demonstrate that the statutory and regulatory framework established by the federal government in its efforts to fight mortgage-lending discrimination is an extremely complicated labyrinth of dead ends, false passages, and elusive goals. Instead of addressing the mortgage-lending discrimination problem directly and comprehensively, Congress has taken a piecemeal and incomplete approach that generally has failed to bring the mortgage-lending industry into equal access compliance.

After pointing out the problems and deficiencies in the current statutory and regulatory scheme, this Article suggests a bold, comprehensive solution to the problem that, if implemented effectively, should ensure …

Starting From Scratch: The First Amendment Reporter-Source Privilege And The Doctrine Of Incidental Restrictions, Marcus A. Asner

University of Michigan Journal of Law Reform

This Note examines reporters' claims to a First Amendment reporter-source privilege in light of First Amendment doctrine as a whole. Part I briefly explains the current state of reporter-source privileges and the policies behind them. Part II then attempts to identify doctrinal support for the press's claim to a First Amendment privilege. Part II rejects the notion that the First Amendment affords special protection to the press as an institution. A reporter's status as a member of the institutional media is not irrelevant, however, and the well-established principle that the government may not target or single out the press for …

The Writing On Our Walls: Finding Solutions Through Distinguishing Graffiti Art From Graffiti Vandalism, Marisa A. Gómez

University of Michigan Journal of Law Reform

This Note argues that outlawing graffiti completely is not an effective solution. The only effective means of controlling graffiti is to develop laws and policies which accommodate graffiti art while discouraging graffiti vandalism and which attack the root causes of graffiti. Part I briefly outlines the origins of graffiti. Part II describes the different types of graffiti and the motivations of their respective creators. Part III analyzes the arguments for and against the legalization of certain types of graffiti and concludes that, because of the multitude of different types of graffiti, both graffiti proponents and opponents have meritorious arguments that …

Reforming Fcc Regulation Of Dominant Telephone Carriers: Putting Some Teeth Into The Test For Predation, Thomas K. Gump

University of Michigan Journal of Law Reform

This Note examines the ineffective protections against predatory pricing by AT&T contained in the price cap scheme. Part I outlines price cap regulation and explains how the FCC hopes that a test based on the average variable cost standard will detect predatory pricing. Part II argues that the FCC erred in adopting an average variable cost standard as the test for telecommunications predation because that standard ignores the high fixed costs common to all firms in the industry. Part II demonstrates that AT&T could engage in predatory pricing despite the protections contained in the regulatory scheme. Part II then examines …

Constitutional Judgment, Gene R. Nichol

Michigan Law Review

A Review of Constitutional Interpretation by Philip Bobbitt

The Nonsupreme Court, Kathleen M. Sullivan

Michigan Law Review

A Review of The Constitution in Conflict by Robert A. Burt

The Care And Feeding Of The United States Constitution, Abner J. Mikva

Michigan Law Review

A Review of The Intelligible Constitution by Joseph Goldstein

Strangers On A Train, Peirre N. Leval

Michigan Law Review

A Review of Make No Law: The Sullivan Case and the First Amendment by Anthony Lewis

Court-Gazing, Stephen F. Williams

Michigan Law Review

A Review of Turning Right: The Making of the Rehnquist Supreme Court by David G. Savage and Deciding To Decide: Agenda Setting in the United States Supreme Court by H.W. Perry, Jr.

Guess Who's Not Coming To Dinner!!, Stephen Reinhardt

Michigan Law Review

A Review of Faces at the Bottom of the Well: The Permanence of Racism by Derrick Bell and Two Nations: Black and White, Separate, Hostile, Unequal by Andrew Hacker

If The Eye Offend Thee, Turn Off The Color, John Harrison

Michigan Law Review

A Review of The Color-Blind Constitution by Andrew Kull

A Morality Fit For Humans, Joseph Raz

Michigan Law Review

A Review of Human Morality by Samuel Scheffler

Revitalizing Regulation, Daniel A. Farber

Michigan Law Review

A Review of Reinventing Government: How the Entrepreneurial Spirit is Transforming the Public Sector by David Osborne and Rethinking the Progressive Agenda: The Reform of the American Regulatory State by Susan Rose-Ackerman

Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman

Michigan Law Review

A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.

Transforming History In The Postmodern Era, G. Edward White

Michigan Law Review

A Review of The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy by Morton J. Horwitz

Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday

Michigan Law Review

A Review of Virgin or Vamp: How the Press Covers Sex Crimes

The Adventures Of Eric Blair, George P. Fletcher

Michigan Law Review

A Review of The Brothel Boy and Other Parables of the Law by Norval Morris

Capital Punishment's Future, Welsh S. White

Michigan Law Review

A Review of Capital Punishment in America by Raymond Paternoster

Intellectual History, Probability, And The Law Of Evidence, Peter Tillers

Michigan Law Review

A Review of "Beyond Reasonable Doubt" ad "Probable Cause": Historical Perspectives on the Anglo-American Law of Evidence by Barbara J. Shapiro

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

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

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

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