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2001

University of Michigan Law School

Series

Articles 1 - 30 of 59

Full-Text Articles in Law

Vol. 52, No. 6, December 4, 2001, University Of Michigan Law School Dec 2001

Vol. 52, No. 6, December 4, 2001, University Of Michigan Law School

Res Gestae

•Yearbooks through the Years •A Comment on Career Services •Letter to the Editor •Keeping Up With Generation PlayStation •The Insider •Form and Substance in Law Journal Publication (Part II)* •Two Movies to See •This Year's 10 Best Albums •Behind the Shadows •Crossword


Introduction To "Books", Margaret A. Leary Dec 2001

Introduction To "Books", Margaret A. Leary

Articles

It's well known that graduate William B. Cook's generosity provided the Law School with its trademark Gothic Law Quadrangle. It is less universally known that Cook endowed the Law School with a trust to support faculty research, and had a strong interest in the nature of that research. He chose to call the library building "Legal Research" and to inscribe above the main entrance "Learned and cultured lawyers are safeguards of the republic." Cook often said that the lack of "intellectual leadership 1s the greatest problem which faces America," and he wanted this Law School to provide that ...


Vol. 52, No. 5, November 13, 2001, University Of Michigan Law School Nov 2001

Vol. 52, No. 5, November 13, 2001, University Of Michigan Law School

Res Gestae

•What's in a Name? •The Rant •Wide World of Workshops •Form and Substance in Law Journal Publication •The Insider •Point Shmoint •New CDs •Fore! •The Island: More Tempting Than Ever


Why The Corporate Amt Should Be Retained, Reuven S. Avi-Yonah Nov 2001

Why The Corporate Amt Should Be Retained, Reuven S. Avi-Yonah

Articles

The corporate AMT is under attack. Repeal has been proposed by the White House, endorsed by the ABA/AICPA/TEI tax simplification project, and included in the stimulus bill passed by the House of Representatives. Repeal is supported on two principal grounds: That the corporate AMT increases complexity, and that it is pro-cyclical.


Vol. 52, No. 4, October 30, 2001, University Of Michigan Law School Oct 2001

Vol. 52, No. 4, October 30, 2001, University Of Michigan Law School

Res Gestae

•Dangerous Times: Use Caution •Homeland Security: Get Real! •T.M.C.- This Man Contributed •The Insider •Making a Point: How to Give the Ho a Southwest Beatdown •The Voice of Satan •Restaurants for When Someone Else is Paying •Crossword


Vol. 52, No. 3, October 16, 2001, University Of Michigan Law School Oct 2001

Vol. 52, No. 3, October 16, 2001, University Of Michigan Law School

Res Gestae

•Editorial: Anthrax •Taking Sound Bites Seriously •Things that make you go hmm… •Japanese in Ann Arbor •The Insider •Buffy Reruns Rock •Crossword


Vol. 52, No. 2, October 2, 2001, University Of Michigan Law School Oct 2001

Vol. 52, No. 2, October 2, 2001, University Of Michigan Law School

Res Gestae

•Editorial: listserv •Why I Like U of M Law So Far •Everything You Always Wanted to Know About OCI But Were Afraid to Ask •Corporate "Firmin"- "spray 'em with Raid!" •Cheap Eats in Ann Arbor •Thoughts on HBO's Epic Miniseries Band of Brothers •The Insider •The Major Postseason Awards •Crossword


Vol. 52, No. 1, September 18, 2001, University Of Michigan Law School Sep 2001

Vol. 52, No. 1, September 18, 2001, University Of Michigan Law School

Res Gestae

•'Til Tuesday •Human Spirit •In the Wake of the News •Apocalypse When •Never the Same Again •The Case for Rage and Retribution •Video Crop Anemic •The Insider •Crossword


Tax Competition And E-Commerce, Reuven S. Avi-Yonah Sep 2001

Tax Competition And E-Commerce, Reuven S. Avi-Yonah

Articles

In the last four years, there has been increasing concern by developed countries about the potential erosion of the corporate income tax base by "harmful tax competition" (in the European Union since 1997, in the OECD since 1998). However, the data on tax competition available to date present a mixed and somewhat puzzling picture. On the one hand, there is considerable evidence that effective corporate income tax rates in many countries have been declining, and that the worldwide effective tax rates on multinational enterprises (MNEs) have been going down as well. On the other hand, macroeconomic data from developed countries ...


Experts, Carl E. Schneider Jul 2001

Experts, Carl E. Schneider

Articles

George Bernard Shaw famously said that all professions are conspiracies against the laity. Less famously, less elegantly, but at least as accurately, Andrew Abbott argued that professions are conspiracies against each other. Professions compete for authority to do work and for authority over work. The umpire in these skirmishes and sieges is the government, for the state holds the gift of monopoly and the power to regulate it. In Abbott's terms, "bioethics" is contesting medicine's power to influence the way doctors treat patients. If it follows the classic pattern, bioethics will solicit work and authority by recruiting government ...


Vol. 51, No. 11, April 10, 2001, University Of Michigan Law School Apr 2001

Vol. 51, No. 11, April 10, 2001, University Of Michigan Law School

Res Gestae

•Affirming Affirmative Action •Culinary Wrestling, Palm Beach Style •Watch These Shows… PLEASE!!! •The Insider •Three Second Memory •Steven Segal •Memories of First Year •Think •Psychic •Airplane •Blacklist •Interview •Finals Rant •Crossword


Vol. 51, No. 10, April 1, 2001, University Of Michigan Law School Apr 2001

Vol. 51, No. 10, April 1, 2001, University Of Michigan Law School

Res Gestae

•Ave Maria Signs Lehman •Grades Shock Students •Basking in the Blue Glow •Rick's Under New Management •The Outsider •New Clinic Course Announced •Impress Your Friends


On American Legal Education Reform In Japanese Legal Education, Carl E. Schneider Apr 2001

On American Legal Education Reform In Japanese Legal Education, Carl E. Schneider

Articles

The one hundredth anniversary of the Kyoto University Faculty of Law is the kind of splendid occasion when, as Justice Oliver Wendell Holmes remarked, a distinguished institution "becomes conscious of itself and its meaning." I can hardly express my pleasure at being invited to join in your celebration; but I must express my fear that I can add little to it. When Dean Tanaka kindly invited me, I should probably have declined, for I, a foreigner, can hardly know enough about an institution so central to the life of its country and its profession to speak of it and its ...


Vol. 51, No. 9, March 13, 2001, University Of Michigan Law School Mar 2001

Vol. 51, No. 9, March 13, 2001, University Of Michigan Law School

Res Gestae

•Political Outlook 2002 •The Insider •Three Second Memory… Thoughts from Class •Bull's Blood and Pickle Soup are Good for You •Poor Man's Movie Theater •On How (Parisian) Life Is •Indiana Rules of Court •Crossword


Vol. 51, No. 8, February 6, 2001, University Of Michigan Law School Feb 2001

Vol. 51, No. 8, February 6, 2001, University Of Michigan Law School

Res Gestae

•A Legacy of Lies •Getting in Touch with Your Food •The Insider •Three Second Memory… Thoughts from Class •Poor Man's Movie Theater •Save the Last Dance- Or Do We Really Want It? •Of Human Bondage •Judged in the Supreme Court of Fashion •Crossword


Vol. 51, No. 7, January 23, 2001, University Of Michigan Law School Jan 2001

Vol. 51, No. 7, January 23, 2001, University Of Michigan Law School

Res Gestae

•Fire the Coach? •Italy in the Midwest? A Night Out at Gratzi •The Insider •The Second Memory… Thoughts from Class •A Yes, a No and a Maybe


The University Of Michigan Law Library, University Of Michigan Law School Jan 2001

The University Of Michigan Law Library, University Of Michigan Law School

Law Library Publications

An informational pamphlet about the University of Michigan Law Library highlighting physical attributes, research, and technology.


Honors Convocation, University Of Michigan Law School Jan 2001

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 4, 2001 University of Michigan Law School Honors Convocation.


Precontractual Reliance, Lucian A. Bebchuk, Omri Ben-Shahar Jan 2001

Precontractual Reliance, Lucian A. Bebchuk, Omri Ben-Shahar

Articles

During contractual negotiations, parties often make reliance expenditures that would increase the surplus should a contract be made. This paper analyzes decisions to invest in precontractual reliance under alternative legal regimes. Investments in reliance will be socially suboptimal in the absence of any precontractual liability-and will be socially excessive under strict liability for all reliance expenditures. Given the results for these polar cases, we focus on exploring how "intermediate"-liability rules could be best designed to induce efficient reliance decisions. One of our results indicates that the case for liability is shown to be stronger when a party retracts from ...


Moral Courage And Civility, William I. Miller Jan 2001

Moral Courage And Civility, William I. Miller

Articles

Here follow some words from the book which, given our lost sense of security and innocence in light of Pearl Harbor II of Sept. 11, 2001, turns out to have a more pressing relevance than it had when I wrote it a couple of years ago.


'Bush' V. 'Gore': What Was The Supreme Court Thinking?, Richard D. Friedman Jan 2001

'Bush' V. 'Gore': What Was The Supreme Court Thinking?, Richard D. Friedman

Articles

One of the most astonishing episodes in American political history ended last month with perhaps the most imperial decision ever by the United States Supreme Court. In one stroke, the Court exercised power that belonged to Congress, the legislature of Florida, Florida's courts and administrators, and, most importantly, the people of the state.


Essay: Recent Trends In American Legal Education, Paul D. Reingold Jan 2001

Essay: Recent Trends In American Legal Education, Paul D. Reingold

Articles

An American law professor in Japan has much more to learn than to teach. A foreigner like me - who comes to Japan on short notice, with no knowledge of Japanese culture and institutions, and with no Japanese language skills - sets himself a formidable task. Happily, the courtesy of my hosts, the patience of my colleagues, and the devotion of my students, have made for a delightful visit. I thank all of you. You asked me to talk about American legal education. As you surely know, the system of legal education in the U.S. is very different from the system ...


The Current Life Insurance Crisis: How The Law Should Respond, Kyle D. Logue Jan 2001

The Current Life Insurance Crisis: How The Law Should Respond, Kyle D. Logue

Articles

This article explores some of the issues raised by the new evidence of underinsurance. Part I explores the initial theoretical question: why do people buy life insurance? Put differently, what function does life insurance serve? Part II provides some background on the life insurance market as it currently exists. Thus, Part II summarizes the major types of life insurance that are currently offered and summarizes the main elements of the current regulatory regime for life insurance companies. Part III then provides support for the claim that households tend to drastically underconsume life insurance. Section A of that Part summarizes the ...


Globalization And Tax Competition: Implications For Developing Countries, Reuven S. Avi-Yonah Jan 2001

Globalization And Tax Competition: Implications For Developing Countries, Reuven S. Avi-Yonah

Articles

This article analyses the effects of tax competition on developing countries. Since the 1980s, globalization and greater capital mobility have led many developing countries to adopt the policy of competing with one another to attract capital investment. One of the main forms taken by this competition has been the granting of tax holidays and other tax reductions to investing multinationals. This paper reviews the normative arguments for and against this type of tax competition, from a global perspective. It then examines these arguments in depth from the point of view of developing countries. The conclusion in general is that, since ...


Gang Aft Agley, Carl E. Schneider Jan 2001

Gang Aft Agley, Carl E. Schneider

Articles

In my last contribution to this column (HCR, July-August 2000), I argued that the law of bioethics has repeatedly failed to achieve the hopes cherished for it. I presented evidence, for example, that most doctors breach the duty of informed consent, that advance directives do not direct patients' care, and that repeated legal attempts to increase organ donation have failed to find the success predicted for them. I closed that column by promising to try to explain this chastening experience. It would, of course, take a lifetime of columns to capture all the reasons the law of bioethics has so ...


Why Supervise The Refugee Convention?, James C. Hathaway Jan 2001

Why Supervise The Refugee Convention?, James C. Hathaway

Articles

The Refugee Convention is the only major human rights treaty that is not externally supervised. Under all of the other key UN human rights accords — on the rights of women and children, against torture and racial discrimination, and to promote civil and political, as well as economic, social, and cultural rights — there is at least some effort made to ensure that States are held accountable for what they have signed onto.


How To Talk About Religion, James Boyd White Jan 2001

How To Talk About Religion, James Boyd White

Articles

Our experience, supported we think by that of others, is that it is most difficult to do this well, whether we are trying to talk about religion within a discipline, such as law or psychology or anthropology, or even in more informal ways, with our friends and colleagues. There are many reasons for this: It is in the nature of religious experience to be ineffable or mysterious, at least for some people or in some religions; different religions imagine the world and its human inhabitants, and their histories, in ways that are enormously different; and there is no superlanguage into ...


The Changing Role Of Labor Arbitration (Symposium: New Rules For A New Game: Regulating Employment Relationships In The 21st Century), Theodore J. St. Antoine Jan 2001

The Changing Role Of Labor Arbitration (Symposium: New Rules For A New Game: Regulating Employment Relationships In The 21st Century), Theodore J. St. Antoine

Articles

A quarter century ago, in a provocative and prophetic article, David E. Feller lamented the imminent close of what he described as labor arbitration's "golden age." I have expressed reservations about that characterization, insofar as it suggested an impending shrinkage in the stature of arbitration. But Professor Feller was right on target in one important respect. Labor arbitration was going to change dramatically from the autonomous institution in the relatively self-contained world of union-management relations which it had been from the end of World War II into the 1970s. When the subject matter was largely confined to union-employer agreements ...


Gilmer In The Collective Bargaining Context, Theodore J. St. Antoine Jan 2001

Gilmer In The Collective Bargaining Context, Theodore J. St. Antoine

Articles

Can a privately negotiated arbitration agreement deprive employees of the statutory right to sue in court on claims of discrimination in employment because of race, sex, religion, age, disability, and similar grounds prohibited by federal law? Two leading U.S. Supreme Court decisions, decided almost two decades apart, reached substantially different answers to this questionand arguably stood logic on its head in the process. In the earlier case of Alexander v. Gardner-Denver Co., involving arbitration under a collective bargaining agreement, the Court held an adverse award did not preclude a subsequent federal court action by the black grievant alleging racial ...


The Dynamic Analytics Of Property Law, Michael A. Heller Jan 2001

The Dynamic Analytics Of Property Law, Michael A. Heller

Articles

The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches - creating new ideal types and synthesizing existing ones - that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.