Law Commons^™

Vol. 49, No. 4, October 23, 1998, University Of Michigan Law School

Res Gestae

•Halloween Party Set for October 30 •Moot Court Season Begins •Figure Out Just How Big a Loser You Really Are •And You Thought Your Life Was Miserable •At Least Find Somewhere More Sophisticated than Rick's •I'll Be Siskel, You Be Ebert •Celebrate the Holidays- RG Style •Alcohol Eases the Pain

Vol. 49, No. 3, October 2, 1998, University Of Michigan Law School

Res Gestae

•Baum Comes of Age •1Ls Elect Their Leaders •Baum Backs Down •1Ls Allowed to Attend Sonobe Lecture •We Find the Weirdest Things in Our Pendaflexes •What Some People Do for the Good of the Country •Some RG Staff Members Have the Way too Much Time on Their Hands •We are So Glad Larry Was Paroled

Vol. 49, No. 2, September 18, 1998, University Of Michigan Law School

Res Gestae

•A Fresh Start for Career Services •LSSS Passes New Funding Policy •Law School Hires Five New Faculty Members •Are Student/Faculty Relationships Good? •But Did He Ever Get to Meet the Beatles? •Give Me a Home, Where the Buffalo Roam, and the Geeks and the Antelope Play? •Welcome Back Larry •But Doesn't Sierre Leone Need Legal Services?

Vol. 49, No. 1, September 3, 1998, University Of Michigan Law School

Res Gestae

•Cook Lecture Slated for Sept. 8 •New School Year Brings New Visiting and Adjunct Faculty •Administrative Landscape Altered •Rhymes of Reason •Welcome Back! Well, back, anyway… •Interviewing? Can't Go Wrong With Our Sound Advice… •Who? •Excuses •Pleas

The Effects Of Tax Law Changes On Property-Casualty Insurance Prices, David F. Bradford, Kyle D. Logue

Book Chapters

One of the most important components of the balance sheet of a property-casualty insurance company is the loss reserve. In spite of what the term may suggest, a loss reserve is not a pot of funds set aside for the uncertain future. It is an accounting entry, a liability on the balance sheet. More precisely termed the unpaid-losses account, the loss reserve expresses the amount the company expects to pay out in the future to cover indemnity payments that will come due on policies already written for losses that have already been incurred and to cover the costs of dealing …

Vol. 48, No. 10, April 23, 1998, University Of Michigan Law School

Res Gestae

•$500 For Brian Simpson? Are You Serious? •Student Debate Explores Affirmative Action •What's Next for Career Services? •Larry, Clarence and the Homoerotic Photographer •Save Rick Hills •The Dean Wants to Have a Few Words With You •I'm Really Hungover and I can't think of Anything Witty to Say About Larry's World So... •RIP Legal Lad •But Can He Do the Lambada?

Vol. 48, No. 9, April 1, 1998, University Of Michigan Law School

Res Gestae

•Changes Coming to Records Office •U.S. News Ranking Corrected: Career Services Now #1 •David Baum Purchases Dominick's: "Free Sangria for All" •SFF Granted Liquor License for Auction •Lawsuit Filed Against School Seeking to Ban Graduation Because it Discriminates Against Idiots •Michigan Militia Co-Sponsoring JLR Symposium to Move Away From Anonymous Jury System •JJ White Makes Move to Have Faculty Salaries Drawn From a Hat •Dean Lehman Announces New Schedule- All Students Required to Take 8AM Comm Trans •Law Quad, Ashley's Contract to Provide Food Service •Top Ten Reasons the RG Needs Its Own Computers

Vol. 48, No. 8, March 18, 1998, University Of Michigan Law School

Res Gestae

•Do We Need Reform in Career Services? •Nine Down, Only 16 to Go •Larry Visits Clarence's Magazine Collection •Gotta Love Those Curves •Letters to the Editor •Larry and the Dirty Old Man in the Trench Coat •Time Flies… •If You Think the JLR Symposium is Impressive, You Haven't Seen Anything Yet

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …

Vol. 48, No. 7, February 25, 1998, University Of Michigan Law School

Res Gestae

•Jessup Team to Compete in Internationals First APALSA Symposium Client Counseling Team Takes Third at Regional Competition Everything You've Ever Wanted to Know About Professor Logue but Were Afraid to Ask Bruce Man Can't Jump •Movie Reviews for Movies we Didn't See •Larry's Weekly Contribution to his FBI File •It Pays to Stay in School

Vol. 48, No. 6, February 11, 1998, University Of Michigan Law School

Res Gestae

•No, We Ain't Got No Computers •Six Faculty Offers Extended •A Dated Look at the Winter Graduation Ceremonies •Is William Cook Spinning in his Grave? •Bruce Manning v. Responsibility •Spice Girls v. Dignity •Larry v. Ronald McDonald •Rick v. Discretion •Campus Response to Affirmative Action Lawsuit

Review Of Political Theory For Mortals: Shades Of Justice, Images Of Death, Donald J. Herzog

Reviews

Daring to go where plenty of mortals have gone before him, John Seery sets out to explore death. The resulting volume, more episodic than sustained, is brash, even feverishly energetic, as though Seery is desperately cheery about his chosen topic. This book is by turns witty and irritating, its interesting conjectures and lines of argument intimately mixed up with what this stodgy reader saw as frivolous posturing. It's easy to lampoon Seery's prose style; in fact, all one needs to do is quote it. Socrates, we learn, is "a blowhard buffoon," or at least readers might reasonably see him that …

Focus On Faculty - Rebecca S. Eisenberg, Rebecca S. Eisenberg

Other Publications

As a teenager, I had a passion for studying foreign languages. I loved immersing myself in an unfamiliar idiom, struggling to make sense of another system for parsing words and sentences to describe experiences and observations. I reveled in subtle differences in the meaning of words that were sometimes, but not always, equivalents in translation. Most intriguing of all were the occasional insights I gained into the limitations of my own language when I recognized that a foreign locution simply has no English equivalent.

Advanced Legal Studies, University Of Michigan Law School

Miscellaneous Law School History & Publications

The Law School is part of the University of Michigan, among the world's premier research and teaching universities. The University is renowned for its top-ranked graduate programs in the social sciences and humanities; its schools of law, engineering, business, medicine and music; and its specialized research institutes and centers of study. Law students are able to take advantage of the rich intellectual life and the tremendous resources such as libraries, cultural and recreational facilities, and curricular offerings in other fields, made possible by the larger university environment.

The University Of Michigan Law School Scholarships 1998, University Of Michigan Law School

Miscellaneous Law School History & Publications

The presence of talented and diverse students helps make the University of Michigan Law School a dynamic academic environment. The School is fortunate to have more than one hundred endowed scholarship funds - attracting the brightest students regardless of their ability to meet the high costs of legal education. Endowed scholarship funds have a profound impact on the School and the lives of its students.

The Law School is delighted to recognize those donors whose generous support makes such scholarships possible. We are grateful to our graduates and friends whose vital interest in the School has promoted them to invest …

Dicta, University Of Michigan Law School

Miscellaneous Law School History & Publications

We would like to extend our appreciation to the Law School Student Senate and the Nonnes-Rom Challenge fund for their financial support, to the Law School Copy Center for its technical support, and to Prof. Ronald Monn and Adam Chester for their counsel on copyright issues. We thank you, our readers, for your interest.

Most of all, we would like to thank all of those members of the law school community who took the time and effort to submit their work. Without their energy and courage, this journal would cease to exist.

Enjoy.

In Memoriam: Memorial Tributes For Professor Elizabeth B. Clark, Thomas A. Green

Articles

The first time I met Betsy, now some twenty years'ago, she simply appeared during office hours to ask about being a research assistant. She had finished her first semester of law school, she said, and-as she put it-"there must be something more to it than this." So began Betsy's career as a legal historian; to which she brought a classics background, a powerful mind, prodigious imagination, irony, whimsy, and, to put it mildly, a way with words. Betsy was, of course, a superb student, as Charlie Donahue, Bruce Frier, and I immediately recognized, one from whom one learned as much …

Up From Individualism (The Brennan Center Symposium On Constitutional Law)." , Donald J. Herzog

Articles

I was sitting, ruefully contemplating the dilemmas of being a commentator, wondering whether I had the effrontery to rise and offer a dreadful confession: the first time I encountered the countermajoritarian difficulty, I didn't bite. I didn't say, "Wow, that's a giant problem." I didn't immediately start casting about for ingenious ways to solve or dissolve it. I just shrugged. Now I don't think that's because my commitments to either democracy or constitutionalism are somehow faulty or suspect. Nor do I think it's that they obviously cohere. It's rather that the framing, "look, these nine unelected characters can strike down …

Civil Rule 53: An Enabling Act Challenge (Federal Practice And Procedure Symposiusm Honoring Charles Alan Wright), Edward H. Cooper

Articles

The Judicial Conference of the United States is charged by statute to "carry on a continuous study of the operation and effect of the general rules of practice and procedure," recommending desirable changes to the Supreme Court.' The Rules Enabling Act,2 which describes the Supreme Court's role, further provides that the Judicial Conference is to be assisted in this task by a "standing committee on rules of practice, procedure, and evidence" ;3 the standing committee in turn reviews "each recommendation of any other committees" appointed to advise it.4

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

Articles

One of the longstanding complaints against the death penalty is that it "distort[s] the course of the criminal law."' Capital prosecutions are expensive and complicated; they draw sensational attention from the press; they are litigated-before, during, and after trial-at greater length and depth than other felonies; they generate more intense emotions, for and against; they last longer and live in memory. There is no dispute about these effects, only about their significance. To opponents of the death penalty, they range from minor to severe faults; to proponents, from tolerable costs to major virtues. ntil recently, however, the conviction of innocent …

Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar

Articles

Now that the U.S. Supreme Court has upheld New York and Washington state laws prohibiting the aiding of another to commit suicide,2 the spotlight will shift to the state courts, the state legislatures and state referenda. And once again proponents of physician-assisted suicide (PAS) will point to a heartwrenching case, perhaps the relatively rare case where a dying person is experiencing unavoidable pain (i.e., pain that not even the most skilled palliative care experts are able to mitigate), and ask: What would you want done to you if you were in this person's shoes?

On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar

Articles

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v. Glucksberg' and Vacco v. Quill.2 I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.

Freeing The Tortious Soul Of Express Warranty Law, James J. White

Articles

I suspect that most American lawyers and law students regard express warranty as neither more nor less than a term in a contract, a term that is subject to conventional contract rules on formation, interpretation, and remedy. Assume, for example, that a buyer sends a purchase order to a seller and the purchase order specifies the delivery of 300 tons of "prime Thomas cold rolled steel." The acknowledgment also describes the goods to be sold as "prime Thomas cold rolled steel." Every American lawyer would agree that there is a contract to deliver such steel and furthermore would conclude that …

The Securities Litigation Uniform Standards Act Of 1998: The Sun Sets On California's Blue Sky Laws, David M. Lavine, Adam C. Pritchard

Articles

It is often said that California sets the pace for changes in America's tastes. Trends established in California often find their way into the heartland, having a profound effect on our nation's cultural scene. Nouvelle cuisine, the dialect of the Valley Girl and rollerblading all have their genesis on the West Coast. The most recent trend to emerge from California, instead of catching on in the rest of the country, has been stopped dead in its tracks by a legislative rebuke from Washington, D.C. California's latest, albeit short-lived, contribution to the nation was a migration of securities fraud class actions …

The Gift Of Language, Joseph Vining

Articles

Style and substance cross-are genetically related as we now might want to say. Each draws on and is implied by the other. One point at which they cross is our sense of the nature of human language, what language is and can be, what it is not and can never be. The language of law is part of human language. Law is a distinctive form of thought, but it lives in human language. "Rule" might be thought synonymous with "law," but for all its talk of rules, the practice of law does not begin with a descriptive statement, or a …

A Critique Of The Proposed National Tobacco Resolution And A Suggested Alternative, Jon D. Hanson, Kyle D. Logue

Articles

The first criticism is that the proposed resolution would not require manufacturers and, in tum, consumers to pay anything approaching the true total costs of cigarettes, costs that we estimate to be at least $7 per pack, a number that is considerably higher than other estimates that have been reported in the media. Our estimate includes some, but not all, of the costs borne ultimately by smokers themselves, by smokers' insurers, and by individuals injured by second-hand smoke. It includes only future costs and excludes many of those. So, for example, the figure includes neither the health-care costs that have …

Smokers' Compensation: Toward A Blueprint For Federal Regulation Of Cigarette Manufacturers, Jon D. Hanson, Kyle D. Logue, Michael S. Zamore

Articles

Although nothing is certain in Washington, sweeping federal legislation in the cigarette area is more likely now than has ever been the case. Congress is currently considering several proposals for comprehensive federal regulation of the cigarette market, a market that has until now gone largely untouched by government intervention. Among those proposals, the one that has received the most attention, and the one that in fact motivated policy makers to look anew at the problems posed by cigarettes, is the proposed national tobacco resolution (the "Proposed Resolution"). The Proposed Resolution, which has been advanced by a coalition of state attorneys …

The Costs Of Cigarettes: The Economic Case For Ex Post Incentive-Based Regulation, Jon D. Hanson, Kyle D. Logue

Articles

Cigarette smoking causes over 420,000 deaths annually in the United States, roughly twenty percent of all U.S. deaths, making cigarettes the single greatest preventable cause of death in this country. Indeed, tobacco kills more people every year than alcohol, illicit drugs, automobile accidents, violent crime, and AIDS combined. And not only are cigarettes deadly to smokers; they kill nonsmokers as well. According to a recent report from the Environmental Protection Agency (EPA), the "sidestream" or "passive" smoke from cigarettes - so-called environmental tobacco smoke (ETS) - is responsible annually for approximately 3000 lung cancer deaths, between 150,000 and 300,000 lower …

Focus On Faculty, Richard D. Friedman

Other Publications

Professor Richard Friedman talks about his scholarship and work.

In Appreciation Of Ted St. Antoine, Terrance Sandalow

Articles

As I began to think of what I might say this evening, it occurred to me that I was fortunate the occasion had not been billed as a roast. It would not be easy - and, indeed, might be sacrilegious - to direct attention to the foibles of a man whom thousands call "the Saint." That title, by which he has been known by generations of students, is, of course, a measure of their affection and their esteem for him. For more than three decades, Ted has been one of our most popular teachers. Although I have learned a great …