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1996

Series

University of Michigan Law School

Articles 1 - 30 of 78

Full-Text Articles in Law

Vol. 47, No. 5, November 25, 1996, University Of Michigan Law School Nov 1996

Vol. 47, No. 5, November 25, 1996, University Of Michigan Law School

Res Gestae

•He's Back! •Kozinski Pleads: Don't Drop the Torah •Kamisar Pens Suicide "Note" •Post-Election Round-Up •RG Lineman of Fine Culture Jason Blankenship Tackles Teenage Wondercrooner Fiona Apple •B&B's Fun Page: B&B Explore the Miracles of Birth •How to Become President of a Large Midwestern University

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Moral Discourse, Bioethics, And The Law, Carl E. Schneider Nov 1996

Moral Discourse, Bioethics, And The Law, Carl E. Schneider

Articles

Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the civil …

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Vol. 47, No. 3, October 7, 1996, University Of Michigan Law School Oct 1996

Vol. 47, No. 3, October 7, 1996, University Of Michigan Law School

Res Gestae

•Federalist Society Sponsors Affirmative Action Debate •Journal Moratorium Ends •Jesse Jackson Gets Down With the Vote •Prof. Reed Begins 51st Year of Teaching •Computerization May End Enrollment Woes •Commentary: The Alcohol Policy •Blanks' Culture Corner •Hey, Third Year •B&B's BS Write Your Own Ding Letter

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Copyright Law And Electronic Access To Information, Jessica D. Litman Oct 1996

Copyright Law And Electronic Access To Information, Jessica D. Litman

Articles

At the same time as we have been discovering the Internet’s enormous potential to enhance access to information and revolutionize the ways libraries do business, the Internet’s high profile in popular media has made it the focus of a wide spectrum of fears about the future. This paper focuses on pending proposals to amend copyright law to enhance the control copyright owners wield over the appearance of their works on digital networks. These proposals would stifle libraries’ use of the Internet. Libraries and their supporters must participate in the copyright debate, and think creatively about new models for copyright. The …

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Vol. 47, No. 2, September 23, 1996, University Of Michigan Law School Sep 1996

Vol. 47, No. 2, September 23, 1996, University Of Michigan Law School

Res Gestae

•Decline in Percentage of Women in the Class of 1999 •Law School Again (and Again) Welcomes Visiting, Adjunct Faculty •International Law Workshop Begins •Course Evaluations in a Nutshell •Incompatible Hiring Criteria •Letters to the Editor •Commentary: Faculty Hiring •Blanks' Culture Corner •Four Years Out: Are We Having Fun Yet? •B&B's BS 1st Year Quiz

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Vol. 47, No. 1, September 9, 1996, University Of Michigan Law School Sep 1996

Vol. 47, No. 1, September 9, 1996, University Of Michigan Law School

Res Gestae

•Campbell Chapter of Phi Alpha Delta Wins International Awards •The New Career Services •An Insider's Guide to NYC •FYI Program •The Nature of Diversity •Reviewing the Selection Process •Blanks' Culture Corner •Hey, Third Year

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Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue Sep 1996

Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue

Articles

The so-called liability insurance crisis of 1985 and 1986 transformed the way we think about tort law and about liability insurance markets. The crisis phenomena, which first appeared in late 1984 and lasted until mid-1986, consisted of enormous increases in liability insurance premiums and alarming reductions in the availability of certain types of liability coverage. In the two principal liability lines of insurance (Other Liability and Medical Malpractice), premiums increased by hundreds (in some cases thousands) of percentage points in a matter of months. At the same time, the availability of liability insurance contracted sharply. The liability policies that were …

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Intellectual Property Issues In Genomics, Rebecca S. Eisenberg Aug 1996

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

Articles

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.

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Notes From The Underground, University Of Michigan Law School Jun 1996

Notes From The Underground, University Of Michigan Law School

Newsletters

Volume 4, no. 3 of the University of Michigan Law Library Reference Department Newsletter.

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Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway Jun 1996

Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway

Articles

Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection.

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Vol. 46, No. 10, April 1, 1996, University Of Michigan Law School Apr 1996

Vol. 46, No. 10, April 1, 1996, University Of Michigan Law School

Res Gestae

•Faculty Respond to Ad Hoc Proposals •An Interview with the Hon. Stephen Reinhardt •How to Get an Offer •Jason Frank •Dr. G's Tearful Farewell

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Vol. 46, No. 9, March 18, 1996, University Of Michigan Law School Mar 1996

Vol. 46, No. 9, March 18, 1996, University Of Michigan Law School

Res Gestae

•Community Reacts to Racial Vandalism •Michigan No. 7 in "U.S. News" Ranking •Jessup Team Heads to Internationals •Value Centered Management to Rein in More Dollars for the Law School •Fall Grade Curves •Commentary: Center for the Legal Equality of Women •Jason Frank Returns

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Vol. 46, No. 8, February 19, 1996, University Of Michigan Law School Feb 1996

Vol. 46, No. 8, February 19, 1996, University Of Michigan Law School

Res Gestae

•Headnotes Spread a Little Love •Want a Job? Forget Seattle. Try New York •RG Arts Page •Full Survey Detail •IM Sports: Matt Wilk Returns •Commentary: Debt Management

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Vol. 46, No. 7, February 5, 1996, University Of Michigan Law School Feb 1996

Vol. 46, No. 7, February 5, 1996, University Of Michigan Law School

Res Gestae

•Krieger to Head New Alumni Programs Office •Is This the Best Way to Run a Law School? •Jobhunting Tips •Hey, Third Year •Opinion: Women & the Law •Jason Frank: On Equality

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Vol. 46, No. 6, January 22, 1996, University Of Michigan Law School Jan 1996

Vol. 46, No. 6, January 22, 1996, University Of Michigan Law School

Res Gestae

•Captivation and Disgust •Grade Punks Injure 1L •Women's Rights Symposium Indeed International •Hey, Third Year •Jobhunting Survey •Jason Frank Pays Off His Loans

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Arbitration: Back To The Future, Theodore J. St. Antoine Jan 1996

Arbitration: Back To The Future, Theodore J. St. Antoine

Other Publications

A strong new ideological current is sweeping through much of the Western World. At one extreme it manifests itself as a deep distrust of big government. In more modest form, it is a sense of skepticism or disillusionment about the capacity of big government to deal effectively with the problems confronting our society. In continental Europe today there is much talk of the principle of "subsidiarity," the notion that social and economic ills should be treated at the lowest level feasible, usually the level closest to the people directly affected. In the United States there is much talk of "privatization," …

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Letters Of Credit: Highlights Of Revised Article 5, Edwin E. Smith, James J. White Jan 1996

Letters Of Credit: Highlights Of Revised Article 5, Edwin E. Smith, James J. White

Other Publications

1. Under what circumstances is it bad faith for an issuer to honor a letter of credit in the face of an applicant's offer of proof of fraud by the beneficiary? 2. What is the issuer's obligation where there is a waiver by the applicant that the issue chooses not to honor? 3. What are the rights of transferees of transferable letters of credit and assigness of proceeds?

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Notes From The Underground, University Of Michigan Law School Jan 1996

Notes From The Underground, University Of Michigan Law School

Newsletters

Volume 4, no. 2 of the University of Michigan Law Library Reference Department Newsletter.

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The Joseph And Edythe Jackier Rare Book Room: The Invention Of Printing And The Common Law Tradition, A. W. Brian Simpson Jan 1996

The Joseph And Edythe Jackier Rare Book Room: The Invention Of Printing And The Common Law Tradition, A. W. Brian Simpson

Law Library Publications

An account of the books included in the dedicatory exhibit at the Joseph and Edythe Jackier Rare Book Room, April 14 1996.

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Honors Convocation, University Of Michigan Law School Jan 1996

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 10, 1996 University of Michigan Law School Honors Convocation.

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Takings From Freund To Fischel." Review Of Regulatory Taking: Law, Economics, And Politics, By W. A. Fischel, James E. Krier Jan 1996

Takings From Freund To Fischel." Review Of Regulatory Taking: Law, Economics, And Politics, By W. A. Fischel, James E. Krier

Reviews

The regulatory takings problem is easy to describe but difficult to resolve. The government enacts restrictions on land use that reduce the market value of the targeted parcels by a considerable amount. The restrictions are couched in terms of the police power, but actually they might amount to a taking that requires compensation, not because any of the land has been wrested away (it hasn't), but because much of the value has. Through the police power the government gets to govern for free, whereas with takings it's pay as you go. On what does the distinction-police power or taking-depend?

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Dicta, University Of Michigan Law School Jan 1996

Dicta, University Of Michigan Law School

Miscellaneous Law School History & Publications

We're back. For the second year in a row we have solicited, selected, and published the creative work of many talented members of the law school community. Again, we received more than we could publish. Again, the final result reflects the varying and often conflicting views of the editorial staff. All submissions were considered anonymously, so any overlap between the list of editors and the list of contributors is simply due to the fact that those interested in editing Dicta were also among those interested in contributing to it.

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Assessing Evidence, Richard D. Friedman Jan 1996

Assessing Evidence, Richard D. Friedman

Reviews

David A. Schum's Evidential Foundations of Probabilistic Reasoning, 2 C.G.G. Aitken's Statistics and the Evaluation of Evidence for Forensic Scientists,3 and Bernard Robertson and G.A. Vignaux's Interpreting Evidence: Evaluating Forensic Science in the Courtroom4 all have something to tell us about how to use and evaluate evidence. Although the books are addressed to different primary audiences5 and their authors come from a variety of disciplines and from distant points of the English-speaking world,6 all three help draw the connection between underlying theory and presentation in the courtroom. Though Schum uses numerous examples from litigation and discusses the legal literature of …

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Rule 23: Challenges To The Rulemaking Process (Symposium: The Institute Of Judicial Administration Research Conference On Class Actions), Edward H. Cooper Jan 1996

Rule 23: Challenges To The Rulemaking Process (Symposium: The Institute Of Judicial Administration Research Conference On Class Actions), Edward H. Cooper

Articles

Three decades have elapsed since Rule 23 of the Federal Rules of Civil Procedure last underwent revision. Taking a cue from proposed amendments prepared by the Civil Rules Advisory Committee, Professor Cooper asks whether now is the appropriate time to revise Rule 23. In this Articl e he identifis three potential "big changes" to the Rule. subsantially curtailing class actions; accommodating the needs of mass-tort actions; and recognizing the class as an entity, distinct from Its representatives. After outlining and critiquing the Advisory Committee's draf4 Professor Cooper raises a host of questions about many aspects of Rule 23 and suggests …

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Review Of Authority: Construction And Corrosion, William I. Miller Jan 1996

Review Of Authority: Construction And Corrosion, William I. Miller

Reviews

This is in many ways an engaging book, written in a refreshingly direct and unobfuscatory style. Its chief problem is living up to the rather grand expectations raised by the title, expectations that the author half-way through the enterprise admits he did not mean to evoke (p. 74). What the reader will find is less a systematic essay or sustained treatment of authority than several penetrating readings of intense conflicts dealing with a substantially narrower issue: controlling who gets to speak in public settings that are authority conferring - in councils, senates and law courts.

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Fighting Words: Individuals, Communities, And Liberties Of Speech, Joseph Vining Jan 1996

Fighting Words: Individuals, Communities, And Liberties Of Speech, Joseph Vining

Reviews

Words that do something can be fought with guns and silenced. Words that say something will be protected, and the guns will be turned on those who try to silence.

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The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar Jan 1996

The 'Right To Die': On Drawing (And Erasing) Lines, Yale Kamisar

Articles

Until this year, no state or federal appellate court had ever held that there was a right to assisted suicide no matter how narrow the circumstances or stringent the conditions. In 1996, however, within the span of a single month, two federal courts of appeals so held; in an 8-3 majority of the Ninth Circuit (sitting en banc) in Compassion in Dying v. Washington and a three-judge panel of the Second Circuit in Quill v. Vacco. What heartened proponents of a right to physician-assisted suicide even more, and pleased those resistant to the idea even less, was that the two …

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The Trouble With Hairdressers, Donald J. Herzog Jan 1996

The Trouble With Hairdressers, Donald J. Herzog

Articles

Why should hairdressers, of all unlikely candidates, have come to exemplify equality, to be a cultural obsession of sort? Suffice it to say that hairdressers happened to occupy a social position that made it possible to demonize them.

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Faculty Spotlight, Nicholas J. Rine Jan 1996

Faculty Spotlight, Nicholas J. Rine

Other Publications

Professor Nicholas Rine talks about his teaching and work.

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Faculty Spotlight, Grace C. Tonner Jan 1996

Faculty Spotlight, Grace C. Tonner

Other Publications

Professor Grace Tonner talks about her teaching and work.

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