Law Commons^™

The Badinter Commission: The Use And Misuse Of The International Court Of Justice's Jurisprudence, Michla Pomerance

Michigan Journal of International Law

It has long been the dream of those anxious to increase the role of adjudication in international relations that the International Court of Justice ("ICJ," "International Court," or "the Court") would act in the international arena as a superior court-a forum whose pronouncements would nourish, sustain, and help unify the jurisprudence of other international tribunals, whether of an ad hoc or standing nature, and of national courts handling international law issues. In the context of self-determination, the Arbitration Commission of the European Community's Conference for Peace in Yugoslavia ("the Badinter Commission," "the Commission," or "the Arbitration Commission") would appear, at …

Reproductive Liberty Under The Threat Of Care: Deputizing Private Agents And Deconstructing State Action, Linda Kelly

Michigan Journal of Gender & Law

This Article uncovers the unsettling parallels between feminism and the recent restrictions on reproductive liberty in order to reveal the threat posed by the feminist ethic of care. By critically reexamining feminism's foundation and direction, the need for greater emphasis on female individuality becomes apparent. Kelly’s contention is that such a perspective, aggressively supported by the state, will ensure feminism's progress and encourage the achievement of gender equality.

A Feminist Approach To Social Scientific Evidence: Foundations, Andrew E. Taslitz

Michigan Journal of Gender & Law

This Article addresses several aspects of a feminist approach to social scientific evidence, specifically, the interpretive nature of mental states, the feminist attitude toward juries, and the political nature of evidence law.

Assesing The Family And Medical Leave Act In Terms Of Gender Equality, Work/Family Balance, And The Needs Of Children, Angie K. Young

Michigan Journal of Gender & Law

While recognizing that parental leave is only one aspect of the FMLA, this Article concentrates on the provision allowing leave to parents in order to care for their children. Before analyzing the FMLA in detail, it is helpful to explore what aims a parental-leave policy should have. The purpose of this Article is to propose and defend three goals that parental-leave legislation should strive to meet: equality of career opportunities for men and women, the right to participate in both work and family, and meeting the needs of children. After articulating what parental-leave legislation should aim for in theory, this …

The Right To Participate, Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes

Law Quadrangle (formerly Law Quad Notes)

The following essay is excerpted and adapted from The Law of Democracy: Legal Structure of the Political Process, © The Foundation Press, Inc., Westbury, NY (1998). Publication is by permission.

Constitutions are often viewed today as constraints on majoritarian power in the service of minority interests. But constitutional ground rules also create the possibility of ongoing democratic self-government; constitutions establish relatively stable and non-negotiable precommitments that enable generally accepted structures of political competition to emerge and endure.

Despite the centrality of this role for the American Constitution , however, there is paradoxically little that the text or its history offers …

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

Law Quadrangle (formerly Law Quad Notes)

The following essay is adapted from testimony presented to the Senate Democratic Task Force on Tobacco in Washington, D.C., on Oct. 9 1997, which in turn is based on the authors' forthcoming article, "The Costs of Cigarettes: The Economic Case for Ex Post Incentive-based Regulation," 107 Yale Law Journal (March 1998)

If the goal of cigarette regulation is either to reduce substantially the public health problem created by cigarette smoking or to allocate the costs of smoking more equitably, there are significantly better alternatives to the regulatory regime than would be created by the state attorneys general's Proposed Tobacco Resolution. …

Upstream Patents = Downstream Bottlenecks, Michael A. Heller, Rebecca S. Eisenberg

Law Quadrangle (formerly Law Quad Notes)

The following text is excerpted from "Can Patents Deter Innovation? The Anticommons in Biomedical Research" and is reprinted with permission from 280 Science 698-701 (May 1998). © 1998 American Association for the Advancement of Science.

Thirty years ago in Science, Garrett Hardin introduced the metaphor "tragedy of the commons" to help explain overpopulation, air pollution, and species extinction. People often overuse resources they own in common because they have no incentive to conserve. Today, Hardin's metaphor is central to debates in economics, law, and science and powerful justification for privatizing commons property. While the metaphor highlights the cost of overuse …

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.

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 …

Damages For Unconstitutional Affirmative Action: An Analysis Of The Monetary Claims In Hopwood V. Texas, Richard Henry Seamon

Articles

No abstract provided.

The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon

Articles

No abstract provided.

Epilogue To Prime Time Law: Fictional Tv Lawyers And Their Impact On America — From Perry Mason And L.A. Law To Law & Order And Ally Mcbeal, Ronald D. Rotunda

Law Faculty Books and Book Chapters

Epilogue to Robert M. Jarvis and Paul R. Joseph's "Prime Time Law: Fictional TV Lawyers and Their Impact on America -- From Perry Mason and L.A. Law to Law & Order and Ally McBeal".

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 Reality Of Work-Related Stress: An Analysis Of How Mental Disability Claims Should Be Handled Under The North Carolina Workers' Compensation Act, Amy S. Berry

Campbell Law Review

No abstract provided.

Foreword: The ‘Right To Marry’ In The Decisions Of The United States Supreme Court, Robert A. Destro

Scholarly Articles

Given the importance of Loving in American constitutional law, we were somewhat surprised to learn that no commemorative conferences or symposia had been planned to mark the thirtieth anniversary of the decision. We designed our conference, "Law and the Politics of Marriage: Loving v. Virginia After 30 Years," to fill that gap.

The conference was held at The Catholic University of America's Columbus School of Law, 19-21 November 1997, and was co-sponsored by three institutions, each having a unique and abiding interest in the subject matter: The Catholic University of America, the Howard University School of Law, and the J. …

Table Of Contents For Volume 81, Number 4, Marquette University

Marquette Law Review

No abstract provided.

Introduction, Shirley S. Abrahamson

Marquette Law Review

No abstract provided.

Shaping Debate, Shaping Society: Three Wisconsin Chief Justices And Their Counterparts, Joseph A. Ranney

Marquette Law Review

No abstract provided.

Enigmatic Grants Of Law-Making Rights And Responsibilities In The Wisconsin Constitution, Jack Stark

Marquette Law Review

No abstract provided.

Levi Hubbell And The Wisconsin Judiciary: A Dilemma In Legal Ethics And Non-Partisan Judicial Elections, Ellen Langill

Marquette Law Review

No abstract provided.

The Rise And Fall Of Part-Time Legal Education In Wisconsin, Michael J. Mazza

Marquette Law Review

No abstract provided.

Can Wisconsin Businesses Safely Rely Upon Exculpatory Contracts To Limit Their Liability?, Keith A. Bruett

Marquette Law Review

No abstract provided.

The Release Of Juvenile Records Under Wisconsin's Juvenile Justice Code: A New System Of False Promises, Kara E. Nelson

Marquette Law Review

No abstract provided.

To Disclose Or Not To Disclose: The Dilemma Of Homeowners And Real Estate Brokers Under Wisconsin's "Megan's Law", Thomas D. Larson

Marquette Law Review

No abstract provided.

Sending The Parties "Pac-Ing"? The Constitution, Congressional Control, And Campaign Spending After Colorado Republican Federal Campaign Committee V. Federal Elections Commission, Kurt D. Dykstra

Marquette Law Review

No abstract provided.

Table Of Contents, Volume 82, Marquette University

Marquette Law Review

No abstract provided.

Public Purpose And The Public Funding Of Sectarian Educational Institutions: A More Rational Approach After Rosenberger And Agostini, Michael A. Vaccari

Marquette Law Review

No abstract provided.

Against Legalism: Rebutting An Anachronistic Account Of 1937, David A. Pepper

Marquette Law Review

No abstract provided.

Should Clergy Hold The Priest-Penitent Privilege, Michael J. Mazza

Marquette Law Review

No abstract provided.

Rite Of Professional Passage: A Case For The Liberalization Of Student Practice Rules, Sara B. Lewis

Marquette Law Review

No abstract provided.