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Full-Text Articles in Law

Tribute To Eric Stein, Bruno Simma Oct 2011

Tribute To Eric Stein, Bruno Simma

Michigan Journal of International Law

My first encounter with Eric dates back forty years. In 1971 he taught a course at the Hague Academy of International Law. At that time, I was an assistant lecturer at the University of Innsbruck, had just submitted my Habilitationsschrift to the Law Faculty there, and, while waiting for my venia legendi to come forward, I wanted to spend a few weeks at what was-and probably still is-the most exciting place for young international law scholars to get together with hundreds of like-minded individuals and some of the most inspiring teachers worldwide. Eric certainly lived up to my expectation of …


Memory Of Eric Stein, Carl A. Valenstein Oct 2011

Memory Of Eric Stein, Carl A. Valenstein

Michigan Journal of International Law

My memory of Eric Stein is of a teacher and mentor rather than a colleague. I will leave to others more qualified than I to describe his major contributions to the academic literature and teaching of European Community and public international law. When I entered Michigan Law School as a student in 1980, Eric had "technically" retired or at least transitioned to emeritus status. I say he had "technically" retired because his commitment to the law school community as a writer, teacher, and mentor to students never appeared to diminish. He still taught a number of classes and seminars, wrote …


Scholarship As Contribution To World Peace, John H. Jackson Oct 2011

Scholarship As Contribution To World Peace, John H. Jackson

Michigan Journal of International Law

Eric Stein was clearly one of the important legal scholars of our time. I enjoyed him as a colleague for more than three decades, and remained a friend afterward although we were separated by distance. Eric was truly dedicated to his scholarship, which was broadly concerned with international law and how it operates, but perhaps most significant to his legacy was his deep interest and personal involvement in the extraordinary beginnings and ongoing evolution of the European Union.


Eric Stein, 1913-2011, Joseph Vining Oct 2011

Eric Stein, 1913-2011, Joseph Vining

Michigan Journal of International Law

Eric kept all of us on the faculty from feeling our age. He was interested in us all to the very end. I am seventy-three, which I find hard to believe every time I think of it, but I always knew during our forty-two years of friendship and working together that I could have been Eric's son. As time has passed, a larger and larger number of the faculty could have been my sons and daughters and Eric's grandsons and granddaughters--certainly you can't be a grandchild without feeling young somewhere inside yourself.


The Real Formalists, The Real Realists, And What They Tell Us About Judicial Decision And Legal Education, Edward Rubin Apr 2011

The Real Formalists, The Real Realists, And What They Tell Us About Judicial Decision And Legal Education, Edward Rubin

Michigan Law Review

The periodization of history, like chocolate cake, can have some bad effects on us, but it is hard to resist. We realize, of course, that Julius Caesar didn’t think of himself as “Classical” and Richard the Lionhearted didn’t regard the time in which he lived as the Middle Ages. Placing historical figures in subsequently defined periods separates us from them and impairs our ability to understand them on their own terms. But it is difficult to understand anything about them at all if we try to envision history as continuous and undifferentiated. We need periodization to organize events that are …


What We Make Matter, Sherman J. Clark Apr 2011

What We Make Matter, Sherman J. Clark

Michigan Law Review

The Michigan Law Review's Survey of Books Related to the Law provides an annual opportunity not only to consider a range of legal issues and views, but also to think about the range of ways we argue about and study the law. In this Foreword, I would like to suggest that we think not only about how we choose to argue, but also the potential consequences of those choices. When we study or argue about law and politics, we routinely and sensibly consider the possible unintended impact of particular substantive rules and policies. Here I suggest that we should attend …


Databases And Dynamism, Michal Shur-Ofry Feb 2011

Databases And Dynamism, Michal Shur-Ofry

University of Michigan Journal of Law Reform

Databases are generally perceived in legal scholarship as static warehouses, storing up valuable facts and information. Accordingly, scholarship on copyright protection of databases typically concentrates on the social need to access their content. This Article seeks to shift the focus of the debate, arguing that the copyrightdatabases debate is not merely a static "access to information" story. Instead, it is a dynamic story of relations, hierarchies, and interactions between pieces of information, determined by database creators. It is also a story of patterns, categories, selections, and taxonomies that are often invisible to the naked eye, but that influence our perceptions …


Paper Tigers: Rethinking The Relationship Between Copyright And Scholarly Publishing, Alissa Centivany Jan 2011

Paper Tigers: Rethinking The Relationship Between Copyright And Scholarly Publishing, Alissa Centivany

Michigan Telecommunications & Technology Law Review

Discontent is growing in academia over the practices of the proprietary scholarly publishing industry. Scholars and universities criticize the expensive subscription fees, restrictive access policies, and copyright assignment requirements of many journals. These practices seem fundamentally unfair given that the industries' two main inputs-articles and peer-review-are provided to it free of charge. Furthermore, while many publishers continue to enjoy substantial profit margins, many elite university libraries have been forced to triage their collections, choosing between purchasing monographs or subscribing to journals, or in some cases, doing away with "non-essential" materials altogether. The situation is even more dire for non-elite schools, …