Law and Society Commons^™

Two New Books On Guns, Franklin E. Zimring

Michigan Law Review

A Review of Under The Gun: Weapons, Crime and Violence in America by James D. Wright, Peter H. Rossi and Kathleen Daly and Firearms and Violence: Issues of Public Policy edited by Don B. Kates, Jr.

Lawyers And Lawmaking, Frederick Schauer

Michigan Law Review

A Review of Reconstructing American Law by Bruce A. Ackerman

Money And Justice: Who Owns The Courts?, Michigan Law Review

Michigan Law Review

A Review of Money and Justice: Who Owns the Courts? by Lois G. Forer

Understanding The Jury With The Help Of Social Science, Stephen Saltzburg

Michigan Law Review

A Review of Inside the Jury by Reid Hastie, Steven Penrod and Nancy Pennington

Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review

Michigan Law Review

A Review of Just and Painful: A Case for the Corporal Punishment of Criminals by Graeme Newman

Transitional Legal Practice And Professional Ideology, Bryant G. Garth

Michigan Journal of International Law

This essay assumes that there are three other reasons for studying transnational legal practice. First, such a study provides a way to explore some of the dilemmas that we often overlook about our domestic legal system. In both the domestic and transnational legal settings we are uncomfortable with the idea of law as "merely a business"; troubled by the invasion of "legality" into domains that once had seemed immune from state regulation; wary of the expense of "mega" law and litigation; reticent about a "total justice" which is expected to compensate individual victims of every unpleasant social accident; and nervous …

Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White

Articles

In this paper I shall suggest that law is most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion, but as the central art by which community and culture are established, maintained, and transformed. So regarded, rhetoric is continuous with law, and like it, has justice as its ultimate subject. I do not mean …

Law & Society: Its Research, Richard O. Lempert

Articles

Writing in 1968 on research in the then infant discipline of law and social science, Harry Kalven noted with some pride the growing body of book-length work in the area. While the "relevant" bookshelf in Kalven's office was "still well under five feet," there had for Kalven "been nothing like [these books] previously, and their existence mark[ed] a major change in the relationship of law and science." Today, when I look around my office, I see 11 relevant bookshelves, which is only a small fraction of what has been produced.

The Unnecessary Doctrine Of Necessaries, Michigan Law Review

Michigan Law Review

This Note argues that neither the traditional nor the modem necessaries doctrines are justifiable in contemporary society. Part I investigates the practical effects of both the traditional and contemporary necessaries doctrines and demonstrates that neither is an effective mechanism for providing support to a needy spouse. While a more successful support remedy might be devised to replace modem and traditional versions of the necessaries rule, Part II shows that yet another reformulation would not be worthwhile because the theoretical underpinnings of the doctrine are faulty. There is no persuasive evidence to establish the existence of the narrow support problem the …

The Second Generation Of Immigrants, Henry G. Schermers

Michigan Law Review

During the 1960s, many workers from the Mediterranean region migrated to more northerly regions of Europe. Often they brought their wives, and children were born in the host country. The situation of these children, the "second generation" of immigrants, deserves our attention.

In many respects the offspring who make up this second generation of immigrants are closer to their country of residence than to the country of their parents. Yet the desirability of integrating these young people into the country where they were born and live may be questioned. If they are able to speak their parents' language, they could …

Only Judgment: The Limits Of Litigation In Social Change, Michigan Law Review

Michigan Law Review

A Review of Only Judgment: The Limits of Litigation in Social Change by Aryeh Neier

Values And Assumptions In American Labor Law, Michigan Law Review

Michigan Law Review

A Review of Values and Assumptions in American Labor Law by James B. Atleson

Education For Self-Government: Reassessing The Role Of The Public School In A Democracy, Charles R. Lawrence Iii

Michigan Law Review

A Review of Compelling Belief: The Culture of American Schooling by Stephen Arons

Turning Away From Law?, David M. Trubek

Michigan Law Review

A Review of The Politics of Informal Justice, Volume 1: The American Experience; Volume 2: Comparative Studies by Richard L. Abel and Justice Without Law? by Jerold S. Auerbach

The Home Front: Notes From The Family War Zone, Michigan Law Review

Michigan Law Review

A Review of The Home Front: Notes from the Family War Zone by Louise Armstrong

Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman

Michigan Law Review

A Review of Law School: Legal Education in America From the 1850s to the 1980s by Robert Stevens

Legal Education And The Reproduction Of Hierarchy: A Polemic Against The System, Michigan Law Review

Michigan Law Review

A Review of Legal Education and the Reproduction of Hierarchy: A Polemic Against the System by Duncan Kennedy

Over The Wire And On Tv: Cbs And Upi In Campaign '80, Michigan Law Review

Michigan Law Review

A Review of Over the Wire and On TV: CBS and UPI in Campaign '80 by Michael J. Robinson and Margaret A. Sheehan

New Perspectives On Prisons And Imprisonment, Michigan Law Review

Michigan Law Review

A Review of New Perspectives on Prisons and Imprisonment by James B. Jacobs

Recognizing A Constitutional Right Of Media Access To Evidentiary Recordings In Criminal Trials, Teri G. Rasmussen

University of Michigan Journal of Law Reform

This Note advocates recognition of a constitutional right of press access to evidentiary recordings in criminal trials. It proposes methods for accommodating the competing rights of the news media to have access to evidentiary recordings used in criminal trials and the right of criminal defendants to a fair trial. Part I examines the source of controversy and sets forth the limitations inherent in the current common law presumption of press access to judicial records. Part II disusses the underlying values that require recognition of the constitutional right and suggests that such a right can be accommodated with a defendant's right …

The Legalization Of American Society: Economic Regulation, Peter O. Steiner

Michigan Law Review

My central thesis is that regulation may be insightfully classified into three broad types of response to perceived market failure, and I will merely touch examples of each. The first is protection of competitive results. I shall focus on natural monopoly regulation, although anti-trust would do as well. The second is protection from competitive results, such as entry control and setting of minimum prices. The third is regulation of externalities such as pollution and accidents arising as byproducts of more usual production.

Speech And Law In A Free Society, Michigan Law Review

Michigan Law Review

A Review of Speech and Law in a Free Society by Franklyn S. Haiman

The Sedition Of Free Speech, Lee C. Bollinger

Michigan Law Review

A Review of When Government Speaks: Politics, Law, and Government Expression in America by Mark G. Yudof

Revolution In The Wasteland: Value And Diversity In Television, Michigan Law Review

Michigan Law Review

A Review of Revolution in the Wasteland: Diversity in Television by Ronald A. Cass

Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings

Michigan Law Review

A Review of Law and Society in Puritan Massachusetts: Essex County, 1629-1692 by David Thomas Konig, and Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825 by William E. Nelson, and Faithful Magistrates and Republican Lawyers: Creators of Virginia Legal Culture, 1680-1810 by A.G. Roeber

How Consumer Remedies Fail, Bryant G. Garth

Michigan Law Review

A Review of No Access to Law: Alternatives to the American Judicial System edited by Laura Nader

The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard

Michigan Law Review

A Review of Crime and Modernization by Louise Shelley, and Readings in Comparative Criminology edited by Louise Shelley

Anatomy Of Racism, Damon J. Keith

Michigan Law Review

A Review of Hearts and Minds: The Anatomy of Racism From Roosevelt to Reagan by Harry S. Ashmore

The Learning Years: A Review Of The Changing Legal World Of Adolescence, Bruce C. Hafen

Michigan Law Review

A Review of The Changing Legal World of Adolescence by Franklin E. Zimring

Blest Be The Tie That Binds, Joan Heifetz Hollinger

Michigan Law Review

A Review of The New Family and the New Property by Mary Ann Glendon