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Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman

Regulation In Perspective: Historical Essays, Michigan Law Review

Michigan Law Review

A Review of Regulation and Perspective: Historical Essays edited by Thomas K. McCraw

Inheritance, Wealth, And Society, Michigan Law Review

Michigan Law Review

A Review of Inheritance, Wealth, and Society by Ronald Chester

So Reason Can Rule, Michigan Law Review

Michigan Law Review

A Review of So Reason Can Rule by Scott Buchanan

Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger

Michigan Law Review

A Review of The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose by Francis A. Allen

Punishment By Imprisonment: Placing Ideology Into Concrete, David A. Ward

Michigan Law Review

A Review of Imprisonment in America: Choosing the Future by Michael Sherman and Gordon Hawkins

In The Belly Of The Beast: Letters From Prison, Michigan Law Review

Michigan Law Review

A Review of In the Belly of the Beast: Letters from Prison by Jack Henry Abbott

The Marriage Contract, Michigan Law Review

Michigan Law Review

A Review of the The Marriage Contract by Lenore J. Weitzman

The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen

Michigan Law Review

I shall set forth my thesis in Part I, using the Declaration of Independence ("all men are created equal") to illustrate that the emptiness of equality inheres in its very meaning, and that the confusions of equality result from neglecting its meaning. In Part II, I respond to Professors Chemerinsky's and D' Amato's reasons for believing that equality has independent normative content of its own. In Part III, I respond to Professor Chemerinsky's separate reasons for believing that equality is rhetorically useful.

Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin

University of Michigan Journal of Law Reform

This approach to the problem of whistleblowing, however, is misguided; the appropriate balance is between the employee's interest in acting in accordance with his individual conscience and his duty of loyalty to his employer. This Article argues that although the law should protect individual acts of whistleblowing once they have occurred, it should not affirmatively encourage whistleblowing. Part I discusses the protection currently available to whistleblowers under the common law, collective bargaining agreements, and the antiretaliation provisions of several important statutes. Part II proposes a general standard of whistleblower protection that is designed to protect individual whistleblowers in appropriate circumstances, …

In Defense Of Equality: A Reply To Professor Westen, Erwin Chemerinsky

Michigan Law Review

Part I of this essay analyzes Professor Westen's arguments that the concept of equality is unnecessary. My contention is that Professor Westen never demonstrates that equality is meaningless; his arguments only prove the obvious, that equality by itself is insufficient. Part II argues that equality is a necessary principle: It is the only concept that tells us that different treatment of people does matter. Part III addresses Professor Westen's suggestion that equality is misleading and points out that none of his criticisms of the idea of equality are in any way inherent to that concept. Finally, Part IV demonstrates that …

Is Equality A Totally Empty Idea?, Anthony D'Amato

Michigan Law Review

Professor Peter Westen's essay asserting that the concept of equality has no substantive content whatsoever usefully brushes aside much of the equal-protection rhetoric that, as Westen carefully explains, appropriately belongs to substantive due process. However, his absolutist position is open to challenge. I would like to posit one hypothetical case that I used in my classes when I taught Constitutional Law that I think contradicts Professor Westen's thesis. If it does, then there will be other cases as well, and his position cannot stand as the logically tight construct that he repeatedly asserts that it is.

The Constitutional Status Of Marriage, Kinship, And Sexual Privacy -- Balancing The Individual And Social Interests, Bruce C. Hafen

Michigan Law Review

Today's lopsided competition between the individual and social interests has made the law a party to the contemporary haze that clouds our vision of what a family is or should be. In that sense, recent legal developments have contributed to the crisis Stanley Hauerwas has identified regarding American family life today - our inability to define "what kind of family should exist" and our inability to articulate ''why we should think of [the family] as our most basic moral institution."

In response to those two questions, this Article considers whether, as a constitutional matter, the courts should recognize claims by …

The Coming Curtailment Of Compulsory Child Support, David L. Chambers

Articles

Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …

The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan

Michigan Law Review

This Article addresses that question by examining judicial sentencing philosophy as applied to white-collar criminality and reporting data that illuminate the operation of that philosophy. Part I of the Article argues that the traditional purposes and limits of criminal sentencing may plausibly justify either disparate or comparable sentences in cases of white-collar and common criminality. Part II describes the obstacles to an accurate empirical inquiry into how judges resolve these uncertainties in the theory of punishment. Part III presents a study designed to overcome as many of these obstacles as possible. What is most dramatic is that the resulting data …

From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch

Michigan Law Review

While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …

Interest Representation And The Federal Land Policy And Management Act, Michigan Law Review

Michigan Law Review

The role of the BLM under the FLPMA, this Note argues, is accurately captured in the "interest representation" model of administrative law; judicial review under this model serves to vindicate the "participation rights" of parties interested in public lands management. Part I places the FLPMA in the context of other recent congressional reform efforts and attempts to justify heightened judicial scrutiny of the BLM's activities. To protect citizens' participation rights, it concludes, courts should recognize a limited right to initiate the planning and management provisions of the FLPMA. The Act, in other words, should be interpreted to comprehend "agenda forcing" …

Social Order And The Limits Of Law, Michigan Law Review

Michigan Law Review

A Review of Social Order and the Limits of Law by Iredell Jenkins

Law As Lag: Inertia As A Social Theory Of Law, Richard L. Abel

Michigan Law Review

A Review of Society and Legal Change by Alan Watson

A New Theory Of Social Control, Charles R. Tittle

Michigan Law Review

A Review of Norms, Deviance, and Social Control: Conceptual Matters by Jack P. Gibbs

Toward A New Theory Of Roman Law, David F. Pugsley

Michigan Law Review

A Review of Landlords and Tenants in Imperial Rome by Bruce W. Frier

Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review

Michigan Law Review

A Review of Law for the Elephant: Property and Social Behavior on the Overland Trial by John Phillip Reid

The Litigious Society, Michigan Law Review

Michigan Law Review

A Review of The Litigious Society by Jethro K. Kieberman

Juveniles' Waiver Of Rights: Legal And Psychological Competence, Michigan Law Review

Michigan Law Review

A Review of Juveniles' Waiver of Rights: Legal and Psychological Competence by Thomas Grisso

Delinquent Measures, David Seidman

Michigan Law Review

A Review of Measuring Delinquency by Michael J. Hindelang, Travis Hirsch, and Joseph G. Weis

The Economics Of Justice, Michigan Law Review

Michigan Law Review

A Review of The Economics of Justice by Richard A. Posner

The Sec And The Public Interest, Michigan Law Review

Michigan Law Review

A Review of The SEC and the Public Interest by Susan M. Phillips and J. Richard Zecher

Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis

Michigan Law Review

This Article both examines these consequences and explains why they have departed so frequently from the ostensible goals of the policies that produced them. It also surveys the principal legal dilemmas that attend aesthetic policy-making, which is sensitive to the values actually at stake in the type of "aesthetic" controversies that legal institutions are called upon to resolve in American society. The aesthetic controls addressed are those adopted in such areas as zoning, historic or environmental preservation, and urban design to shape the visual appearance of the built and natural environments. The content of the aesthetics idea is explored through …

A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards

Michigan Law Review

At the recent Inaugural Lecture of the University of Windsor's Distinguished Scholars Program on Access to Justice, my former law teaching colleague, Professor Joseph Vining, delivered a speech entitled Justice, Bureaucracy, and Legal Method. Because, in my view, Professor Vining's address raised some disturbing questions, and some seriously misguided suggestions, about the growth of bureaucracy in the courts and the delivery of justice, I believe that a response is appropriate.

Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg

Michigan Law Review

This Article addresses the substantial legal problems posed by Executive Order 12,291. Part I argues that the Order, taken as a whole or separated into its procedural and substantive components, violates the constitutional separation of powers. Drawing on the analytic framework outlined by Justice Jackson in the Steel Seizure case, Part I maintains that courts should demand clear congressional support for the Order's requirements. The available evidence, however, conclusively demonstrates Congress's intent to deny the President formalized, substantive control over administrative policymaking. As interpreted by the Supreme Court, moreover, the informal rulemaking provisions of the Administrative Procedure Act (AP A) …