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Articles 1 - 30 of 63
Full-Text Articles in Law
Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert
Of Flutes, Oboes And The As If World Of Evidence Law, Richard O. Lempert
Articles
Reading Allen's article, I am reminded of a cold war parable I heard during the 1960s. It concerned a flute and an oboe who joined an orchestra one year and immediately set to quarrelling. The flute was distressed because whenever it was playing at its lyrical best the oboe would enter. drowning it out. The oboe was affronted because its deepest, most sonorous passages were invariably ruined by the high-pitched flute butting in. When the orchestra split up for the summer and these quarrelsome instruments went their separate ways, the flute, as it angrily contemplated the oboe, found itself stretching …
Vol. 48, No. 5, November 19, 1997, University Of Michigan Law School
Vol. 48, No. 5, November 19, 1997, University Of Michigan Law School
Res Gestae
•UPDATE: New Computers Actually En Route to Room 200 Computer Lab •Dean Lehman Speaks on Successful Fundraising Drive •Summer Job Survey of Last Year's 1Ls •Manning's Memories •Piranha Feeding Frenzy, et al. •Blank's Last Word •Legal Lad •Bringuel Goes Out with a Bang •Book, Movie and TV Reviews
Vol. 48, No. 4, October 28, 1997, University Of Michigan Law School
Vol. 48, No. 4, October 28, 1997, University Of Michigan Law School
Res Gestae
•Revealing the Future of Life in Commercial Law •New Student Group Seeks to Spur Discussion of Women's Perspectives •A Glimpse into the High-Rent Cul-de-Sac of Larry's World •Rachel Preiser Continues her Culinary Tour of A2 •Bruce Manning Parties Hearty with Twisted Sister •Hit the Silver Screen •Law School Grade Curve! •B&B Offer 15 Ways to Leave Your Law School Lover
Vol. 48, No. 3, October 3, 1997, University Of Michigan Law School
Vol. 48, No. 3, October 3, 1997, University Of Michigan Law School
Res Gestae
•Tech Wars •The FBI v. the 1st Amendment •Larry Kills His Parakeet •Vending Machine Alternatives •Eric Fuller Gets a Warm Fuzzy and Free Pitcher •Go See a Flick •Blanks Fails to Turn in His Article •B&B Eavesdrop in Room 200
Vol. 48, No. 2, September 22, 1997, University Of Michigan Law School
Vol. 48, No. 2, September 22, 1997, University Of Michigan Law School
Res Gestae
•SFF Kicks Off Friends and Family Flyback Program •The Mann Speaks •Start the Presses! •Interview with Anthony Collings •Larry's World •The King Speaks •Blanks' Culture Corner •Bruce Manning's Memories •Summer Starter Softball
Vol. 48, No. 1, September 5, 1997, University Of Michigan Law School
Vol. 48, No. 1, September 5, 1997, University Of Michigan Law School
Res Gestae
•Blowing Smoke •Who's Who in New, Visiting and Adjunct Professors at Michigan This Fall •Symposium Speakers Announced •Larry's World •The RG's Advice on Food and Fun in Ann Arbor •SEX •Book Reviews •Paul Luongo's Summer Adventures •Dueling Cartoons
After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert
After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert
Articles
This article traces some of the controversies surrounding DNA evidence and argues that although many have been laid to rest by scientific developments confirmed in the National Research Council's second DNA report, there remain several problems which are likely to lead to continued questioning of standard ways prosecutors present DNA evidence. Although much about the report is to be commended, it falls short in several ways, the most important of which is in its support for presenting random match probabilities independent of plausible error rates. The article argues that although one can sympathize with the NRC committee's decision as an …
Testing Testing, Carl E. Schneider
Testing Testing, Carl E. Schneider
Articles
Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …
Vol. 47, No. 11, April 16, 1997, University Of Michigan Law School
Vol. 47, No. 11, April 16, 1997, University Of Michigan Law School
Res Gestae
•Possible Transcript Changes Source of Student Concern •Indigenous Genius: "Law Revue" Showcases Law School Talent •Discussion, Debate in the Desert Dust at the National Indian Law Conference •So You Think You Wanna Be on a Journal? •Michigan Bids Farewell to "The Saint" •3Ls Reflect •The Educational Environment Committee Speaks •So Does Larry Sager •B&B Offer the Wisdom of the Ages
Quad Angles, University Of Michigan Law School
Quad Angles, University Of Michigan Law School
Newsletters
Volume 1, Number 3 of the University of Michigan Law School Staff Newsletter.
Vol. 47, No. 10, April 1, 1997, University Of Michigan Law School
Vol. 47, No. 10, April 1, 1997, University Of Michigan Law School
Res Gestae
•Five Superstar Faculty Hired •Visiting Professor Program Ended •Laptops Banned From Classrooms •Faculty to Undergo Transition •Kamisar v. Orentlicher on the "Right to Die" •Results of SFF Auction •Letters to the Editor •Committee and Discussion Group on Racism Formed •Larry's World •How to Pass/Fail •B&B Vent Spleen
Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert
Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert
Articles
As I write, the racial divide in America is said to be greater than at any time in the past 25 years.' Two events are blamed: the O.J. Simpson criminal trial and the Louis Farrakan led "Million Man March." That these events should exacerbate racial division is extraordinary. The Farrakan led march brought together between 400,000 and 800,000 black males to pledge that they would take the kind of responsibility for their actions and their families that white Americans have long argued they should take. The O.J. Simpson trial was more a "who done it" than a racial morality play. …
U.S. International Treatment Of Financial Derivatives, Reuven Avi-Yonah, Linda Swartz
U.S. International Treatment Of Financial Derivatives, Reuven Avi-Yonah, Linda Swartz
Articles
The current proposals to substitute consumption for income as the principal U.S. tax base have already been the topic of considerable commentary in these pages. However, one issue has received relatively little attention in the discussion of the various reform proposals: What potential complications are likely to arise if a single major player in the world's economy unilaterally adopts radical tax reform? The global economy is becoming more and more unified, with multinational corporations dominating world trade and trillions of dollars in portfolio investment flowing across national boundaries. In this economy, what would be the consequences if a single country, …
Vol. 47, No. 9, March 18, 1997, University Of Michigan Law School
Vol. 47, No. 9, March 18, 1997, University Of Michigan Law School
Res Gestae
•Professor Rosenbaum Speaks on California's Proposition 209 •Indian Gaming: Law, Economics, and Sovereignty •Going Once, Going Twice, SOLD! •Update: Female Enrollment Drop a National Trend? •US News Rankings •Letters to the Editor •Journal Ed Boards Announced •1996 Fall Grade Curve •B&B Offer Last Minute Job Hunt Advice
Vol. 47, No. 8, February 24, 1997, University Of Michigan Law School
Vol. 47, No. 8, February 24, 1997, University Of Michigan Law School
Res Gestae
•Killer Curve!!! •BLSA Sponsors Lecture on Affirmative Action •Legal Practice Retooled for the Millennium •RG Rescues Jobless 1Ls •Sager-Toothed Tiger Attacks •Traffic 1, Pedestrians 0 •Josh Barron Goes to the Video Store •Hey, 1st Year Summer Starter •B&B Vent Spleen
Vol. 47, No.7, February 10, 1997, University Of Michigan Law School
Vol. 47, No.7, February 10, 1997, University Of Michigan Law School
Res Gestae
parks Controversy •Enter the Bizarro World of Larry Sager •Mr. Ford Goes to Washington •Take the RG Career Survey •On Location in Florida •B&B Highlight Summer Starter Bliss
International & Graduate Office Newsletter, University Of Michigan Law School
International & Graduate Office Newsletter, University Of Michigan Law School
Newsletters
Vol. 1, No. 2 of the University of Michigan Law School International & Graduate Office Newsletter.
Vol. 47, No. 6, January 28, 1997, University Of Michigan Law School
Vol. 47, No. 6, January 28, 1997, University Of Michigan Law School
Res Gestae
•Students Lament Syvereud's Departure •Law School Panel on Affirmative Action for MLK Day Celebration •Exam Ticket Frustration •Blanks Pans Hip New Music •Michigan Students Explore Cambodia •Whitman Takes the Reins •The Two Sides of Larry Flynt •B&B Reveal Resolutions
To End Deferral As We Know It: Simplification Potential Of Check-The-Box, Reuven Avi-Yonah
To End Deferral As We Know It: Simplification Potential Of Check-The-Box, Reuven Avi-Yonah
Articles
On December 17, 1996, the Treasury Department issued final regulations under section 7701 of the Internal Revenue Code implementing the regime dubbed "check-the-box," under which taxpayers can elect to be treated as corporations or as passthrough entities for U.S. tax purposes. The purpose of this article is to argue that the adoption of these regulations affords a momentous opportunity for Congress to achieve significant simplification of the notoriously complex U.S. international tax rules. Fundamentally, the adoption of check-the- box means that U.S. taxpayers will be able to elect whether or not their foreign-source active income will enjoy deferral from current …
The Michigan Law Quadrangle: Architecture And Origins, Kathryn Horste
The Michigan Law Quadrangle: Architecture And Origins, Kathryn Horste
About the Buildings
The Michigan Law Quadrangle: Architecture and Origins is intended to combine elements of a history and a guidebook. For those students, alumni, and visitors to Ann Arbor who have long admired the sequestered spaces and the noble corridors ofthe Quadrangle, the book is meant to answer some ofthe many questions that come to mind about its historical styles and the significance of its rich decorations, as well as to serve as a ready source book for those encountering the Quadrangle for the first time. Chapters 2 and 3 recount the history of the Quadrangle as a construction project and the …
Review Of The Selling Of Supreme Court Nominees, By J. A. Maltese, Richard D. Friedman
Review Of The Selling Of Supreme Court Nominees, By J. A. Maltese, Richard D. Friedman
Reviews
John Anthony Maltese has written a genial book on a subject of enormous importance and enduring interest-presidential selection and senatorial consideration of Supreme Court nominees. Readers new to this field will find The Selling of Supreme Court Nominees a helpful introduction to it. Those more familiar with it will not find much that is surprising.
Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog
Review Of Reason And Rhetoric In The Philosophy Of Hobbes, Donald J. Herzog
Reviews
In the 1960s, Quentin Skinner wrote a series of polemical if terse papers arguing that the conventional approach to the history of political theory was confused. Using Hobbes as something of a vehicle for his position, Skinner enunciated what is now well known as the "Cambridge" approach to political theory. He urged that we situate authors in their intellectual contexts so that we can isolate what is distinctive, perhaps subversive, in their use of language: only then, he argued, can we have any valid historical understanding on what they are doing in writing these weird books in the first place. …
Dicta, University Of Michigan Law School
Dicta, University Of Michigan Law School
Miscellaneous Law School History & Publications
This is the third year of Dicta, the law school's literary journal and a child of the vision of two 1996 graduates, Miles Yanick and Matt Morris. We hope that this creative forum will continue to grow and to flourish, enriching the law school community by offering a spectrum of poetry, fiction, essays, photography, and artwork. The editors faced a difficult task again this year as we again received more material than we could publish. We continued the policy of considering all submissions anonymously. This final product reflects the often conflicting views of the editors who tried to select a …
Honors Convocation, University Of Michigan Law School
Honors Convocation, University Of Michigan Law School
Commencement and Honors Materials
Program for the May 9, 1997 University of Michigan Law School Honors Convocation.
25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers
25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers
Reviews
Jane is meeting with her lawyer Peter. She has been complaining bitterly about a restraining order obtained ex parte by the lawyer for her husband Norb. The order bars her from entering the home that she still owns jointly with Norb and that Norb has continued to live in. She moved out voluntarily, as a gesture of good will, a short while before only to have her husband's lawyer run to court and secure the order she abhors. Readers first met Jane back in 1986 when Austin Sarat and William Felstiner published the first article growing out of their massive …
An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia
An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia
Articles
Given the myriad of professionals involved in protecting children from abuse and neglect, legal practice in the field of child protection requires an understanding of the various disciplines these professionals represent. Professor Scarnecchia argues that such an understanding is necessary in order for the attorney to serve as a zealous advocate for her client. In hopes of creating this understanding in students at the University of Michigan, an interdisciplinary seminar in child abuse and neglect has been created. Professor Scarnecchia details the substantive content of the seminar, discussing specific issues that arise in protecting children. She explains that by using …
Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud
Going To Trial: A Rare Throw Of The Die, Samuel R. Gross, Kent D. Syverud
Articles
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. Of the hundreds of thousands of civil lawsuits that are filed each year in America, the great majority are settled; of those that are not settled, most are ultimately dismissed by the plaintiffs or by the courts; only a few percent are tried to a jury or a judge. This is no accident. We prefer settlements and have designed a system of civil justice that embodies and expresses …
Corporations, Criminal Law And The Color Of Money, Joseph Vining
Corporations, Criminal Law And The Color Of Money, Joseph Vining
Articles
This part of From Newton's Sleep, published by Princeton University Press in 1995 and in a paperback edition in early 1997, is reprinted by permission of the publisher. From Newton's Sleep is a book on the legal form of thought and its meaning for science and religion. It consists of some two hundred and fifty self-contained pieces arranged in eight sections. In its form, the book is much like and is meant to be much like the material with which lawyers routinely deal. Here, Law Quadrangle Notes excerpts a piece that touches on a subject of lively debate today, among …
Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider
Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider
Articles
As I write, the Supreme Court has just agreed to hear Compassion in Dying v. Washington and Quill v. Vacco, the two cases in which United States circuit courts of appeals held that a state may not constitutionally prohibit physicians from helping a terminally ill person who wishes to commit suicide to do so. These cases have already received lavish comment and criticism, and no doubt the Supreme Court's opinion will garner even more. Reasonably enough, most of this analysis addresses the merits of physician-assisted suicide as social policy. I, here, want to talk about how setting bioethical policy …
Gluttony, William I. Miller
Gluttony, William I. Miller
Articles
Gluttony does not have the grandeur of pride, the often brilliant strategic meanness of envy and avarice, the glory of wrath. It does manage to gain some small allure by its association with lust, its sexy sibling sin of the flesh. Yet there is something irrevocably unseemly about gluttony, vulgar and lowbrow, self-indulgent in a swinish way. Gluttony is not the stuff of tragedy or epic. Imagine Hamlet too fat to take revenge or Homer making his topic the gluttony of Achilles rather than his wrath. With gluttony, compare pride and anger, sins that mark the grand action of revenge, …