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2002

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Articles 6841 - 6870 of 8366

Full-Text Articles in Law

A Glance At The New Article 9 Secured Transaction, Nathalie Martin, Frederick M. Hart Jan 2002

A Glance At The New Article 9 Secured Transaction, Nathalie Martin, Frederick M. Hart

Faculty Scholarship

Those of us who teach a course on Article 9 of the Uniform Commercial Code (Secured Transactions) dreaded the approach of July I, 2001. On that day, a revised version of Article 9 became effective in New Mexico and most other states. The old notes had to be discarded. New materials had to be prepared, or at least the old ones had to be revised. Perhaps there would be some excitement in learning what the drafters had done, but more obvious was the effort needed to learn something new. Maybe it was time to retire. We have now taught the …

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Merchants Of Discontent: An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara Piety Jan 2002

Merchants Of Discontent: An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Toward A "New Deal" For Copyright In The Information Age, Pamela Samuelson Jan 2002

Toward A "New Deal" For Copyright In The Information Age, Pamela Samuelson

Michigan Law Review

Jessica Litman believes the public needs a very good copyright lawyer, and if I have not mistaken her intentions, she is volunteering for the job (pp. 70-73). A century of Congressional deference to industry-negotiated compromises has produced, she argues, a copyright law that is both incomprehensible and unfair. This incomprehensibility might be tolerable if copyright law governed only commercial relations among industry participants, all of whom have copyright counsel. To the extent that copyright law applies to the conduct of ordinary persons, its incomprehensibility presents serious difficulties. Moreover, to the extent that copyright law makes illegal many ordinary activities of …

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The Contested Right To Vote, Richard Briffault Jan 2002

The Contested Right To Vote, Richard Briffault

Michigan Law Review

For those who believe the United States is a representative democracy with a government elected by the people, the events of late 2000 must have been more than a little disconcerting. In the election for our most important public office - our only truly national office - the candidate who received the most popular votes was declared the loser while his second place opponent, who had received some 540,000 fewer votes, was the winner. This result turned on the outcome in Florida, where approximately 150,000 ballots cast were found not to contain valid votes. Further, due to flaws in ballot …

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When Interests Diverge, Robert S. Chang, Peter Kwan Jan 2002

When Interests Diverge, Robert S. Chang, Peter Kwan

Michigan Law Review

In her recent book Cold War Civil Rights, Professor Mary L. Dudziak, sets forth "to explore the impact of Cold War foreign affairs on U.S. civil rights reform" (p. 14). Tracing "the emergence, the development, and the decline of Cold War foreign affairs as a factor in influencing civil rights policy" (p. 17), she draws "together Cold War history and civil rights history" (pp. 14-15), two areas that are usually treated as distinct subjects of inquiry. In mixing the two together, she shows that "the borders of U.S. history are not easily maintained." Perhaps it is fitting that the field …

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Contract Rights And Civil Rights, Davison M. Douglas Jan 2002

Contract Rights And Civil Rights, Davison M. Douglas

Michigan Law Review

Have African Americans fared better under a scheme of freedom of contract or of government regulation of private employment relationships? Have court decisions striking down regulation of employment contracts on liberty of contract grounds aided black interests? Many contemporary observers, although with some notable dissenters, would respond that government regulation of freedom of contract, particularly the antidiscrimination provisions of Title VII of the Civil Rights Act of 1964, has benefited African Americans because it has restrained discriminatory conduct by private employers. Professor David E. Bernstein challenges the view that abrogation of freedom of contract has consistently benefited African Americans by …

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Those Who Remember The Past May Not Be Condemned To Repeat It, Stephan Landsman Jan 2002

Those Who Remember The Past May Not Be Condemned To Repeat It, Stephan Landsman

Michigan Law Review

In The Hague, Slobodan Milosevic is on trial for crimes committed in Bosnia, Kosovo and Croatia; in Arusha, Tanzania, Jean Paul Akayasu, a Rwandan bourgmestre, was convicted of genocide; in London, Augusto Pinochet was detained and adjudged amenable to an arrest warrant issued by a Spanish magistrate for acts of torture carried out in Chile; in Belgium, a Hutu Roman Catholic former mother superior was convicted of complicity in the Rwandan genocide; and in Rome a treaty was signed commencing the process that will result in the creation of the International Criminal Court ("ICC"). All these events underscore the startling …

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How The Corporation Conquered John Bull, A.W. Brian Simpson Jan 2002

How The Corporation Conquered John Bull, A.W. Brian Simpson

Michigan Law Review

This is a study of the evolution of the forms of business organization during the industrial revolution. Historians never fully agree about anything at all, and often with good reason, but there is really no doubt that the period covered by this book is one that saw major changes in agricultural and industrial production, and in commercial practice and organization. It is convenient to refer broadly to the changes which took place in terms of a revolution, industrial, agricultural, or less commonly, commercial in nature. Long before the starting date for this study, which is the date of the Bubble …

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Pragmatism Regained, Christopher Kutz Jan 2002

Pragmatism Regained, Christopher Kutz

Michigan Law Review

Jules Coleman's The Practice of Principle serves as a focal point for current, newly intensified debates in legal theory, and provides some of the deepest, most sustained reflections on methodology that legal theory has seen. Coleman is one of the leading legal philosophers in the Anglo-American world, and his writings on tort theory, contract theory, the normative foundations of law and economics, social choice theory, and analytical jurisprudence have been the point of departure for much of the most interesting activity in the field for the last three decades. Indeed, the origin of this book lies in Oxford University's invitation …

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Poverty And Equality: A Distant Mirror, Gene R. Nichol Jan 2002

Poverty And Equality: A Distant Mirror, Gene R. Nichol

Michigan Law Review

In one sense, Joel Schwartz's new effort, Fighting Poverty with Virtue, is tremendously timely. Bill Clinton's Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was designed to "end welfare as we know it," turning greater attention to poor people's habits than to their pocketbooks. George Bush's compassionate conservatism is meant to pick up the pace, overtly seeking "to save and change lives." The White House's ominously entitled "Office of Faith-Based and Community Initiatives" is apparently set to unleash new waves of moral reformers. Schwartz's book seeks to provide moral, philosophical and historical sustenance for these initiatives. He focuses on …

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Horrible Holmes, Mathias Reimann Jan 2002

Horrible Holmes, Mathias Reimann

Michigan Law Review

Holmes has kept scholars busy for most of a century, and the resulting volume of literature about him is staggering. In that last twenty years along, we have been blessed with four biographies, four symposia, three new collections of his works, two volumes of essays, and various monographs, not to mention a multitude of free-standing law review articles. Since life is short, everyone who adds to the deluge, including Albert Alschuler with his new book, bears a heavy responsibility to make the expenditure of trees, library space, and reading time worthwhile. Does Law Without Values fulfill that responsibility? Despite the …

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Marriage And Belonging, Ann Laquer Estin Jan 2002

Marriage And Belonging, Ann Laquer Estin

Michigan Law Review

Marriage is a quintessentially private institution. Justice Douglas put the point this way in 1965, writing for the Supreme Court in Griswold v. Connecticut: "We deal with a right of privacy older than the Bill of Rights - older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association …

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The Electrical Deregulation Fiasco: Looking To Regulatory Federalism To Promote A Balance Between Markets And The Provision Of Public Goods, Jim Rossi Jan 2002

The Electrical Deregulation Fiasco: Looking To Regulatory Federalism To Promote A Balance Between Markets And The Provision Of Public Goods, Jim Rossi

Michigan Law Review

Over the last thirty years, regulators have deregulated just about every regulated industry. In no industry has deregulation raised as much fear and concern as in electric power markets. Even before the Enron debacle, a crisis that is more about the failures of corporate than regulatory law, it was clear that something had gone seriously wrong in the turn towards deregulation of electric power. Recent events in California are illustrative. In early 2000, consumers in California, the first state to deregulate retail power markets on a mass scale, saw repeated months of power interruptions. Many utility customers experienced a risk …

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True Threats - A More Appropriate Standard For Analyzing First Amendment Protection And Free Speech When Violence Is Perpetrated Over The Internet, Jennifer L. Brenner Jan 2002

True Threats - A More Appropriate Standard For Analyzing First Amendment Protection And Free Speech When Violence Is Perpetrated Over The Internet, Jennifer L. Brenner

North Dakota Law Review

No abstract provided.

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Child Custody - Modification: Parentification Of An Older Sibling Babysitting A Younger Sibling, Bonnie L. Christner Jan 2002

Child Custody - Modification: Parentification Of An Older Sibling Babysitting A Younger Sibling, Bonnie L. Christner

North Dakota Law Review

No abstract provided.

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Subject Index Jan 2002

Subject Index

North Dakota Law Review

No abstract provided.

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List Of Subject Headings Jan 2002

List Of Subject Headings

North Dakota Law Review

No abstract provided.

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Terrorism And The Aviation Industry: Insights From The 1929 Warsaw Convention, Speedy Rice, Shana Fitzpatrick Jan 2002

Terrorism And The Aviation Industry: Insights From The 1929 Warsaw Convention, Speedy Rice, Shana Fitzpatrick

North Dakota Law Review

No abstract provided.

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The Family-Hostile Corporation, Joan C. Williams Jan 2002

The Family-Hostile Corporation, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Selective Disclosure By Issuers, Its Legality And Ex Ante Harm: Some Observations In Response To Professor Fox, William K.S. Wang Jan 2002

Selective Disclosure By Issuers, Its Legality And Ex Ante Harm: Some Observations In Response To Professor Fox, William K.S. Wang

Faculty Scholarship

No abstract provided.

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Recent Books, Michigan Law Review Jan 2002

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

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What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White Jan 2002

What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White

Michigan Law Review

One of the striking and original achievements of the Michigan Law Review in its first century was the publication in 1989 of a Symposium entitled Legal Storytelling. Organized by the remarkable editor-in-chief, Kevin Kennedy - who tragically died not long after his graduation - the Symposium not only brought an important topic to the forefront of legal thinking, it did so in an extraordinarily interesting way. For this was not a mere collection of papers; the authors met in small editorial groups to discuss their work in detail, and as a result the whole project has a remarkable coherence and …

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Tribute To Chief Judge Rodney S. Webb, Roger L. Wollman Jan 2002

Tribute To Chief Judge Rodney S. Webb, Roger L. Wollman

North Dakota Law Review

No abstract provided.

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Rodney S. Webb: United States Attorney For The District Of North Dakota From 1981 To 1987, Lynn E. Crooks Jan 2002

Rodney S. Webb: United States Attorney For The District Of North Dakota From 1981 To 1987, Lynn E. Crooks

North Dakota Law Review

No abstract provided.

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Treating Defendants As Individuals, Sara K. Sorenson Jan 2002

Treating Defendants As Individuals, Sara K. Sorenson

North Dakota Law Review

No abstract provided.

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A Man Of Energy And Focus, Jane L. Dynes Jan 2002

A Man Of Energy And Focus, Jane L. Dynes

North Dakota Law Review

No abstract provided.

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A Solid Member Of The Legal Profession, Bernie Reynolds Jan 2002

A Solid Member Of The Legal Profession, Bernie Reynolds

North Dakota Law Review

No abstract provided.

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A Lasting Legacy, Michael T. Andrews Jan 2002

A Lasting Legacy, Michael T. Andrews

North Dakota Law Review

No abstract provided.

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Judge Webb, Linda Haukedahl Jan 2002

Judge Webb, Linda Haukedahl

North Dakota Law Review

No abstract provided.

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Woe Unto Those Who Request Consent: Ethical And Legal Considerations In Rejecting A Deceased's Anatomical Gift Because There Is No Consent By The Survivors, Leonard H. Bucklin Jan 2002

Woe Unto Those Who Request Consent: Ethical And Legal Considerations In Rejecting A Deceased's Anatomical Gift Because There Is No Consent By The Survivors, Leonard H. Bucklin

North Dakota Law Review

No abstract provided.

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