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Full-Text Articles in Law and Society

Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine Jan 1977

Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine

Articles

Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …

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Proposal For A Model Name Act, Ellen Jean Dannin Oct 1976

Proposal For A Model Name Act, Ellen Jean Dannin

University of Michigan Journal of Law Reform

This note will discuss the common law of names relating to such issues as identity, contract, civil procedure, and criminal procedure, as well as discussing common law and statutory change of name methods. The failure of some courts to apply the existing law of names in a manner consistent with the state interest in record keeping and the personal interest in freedom of expression will be reviewed. Finally, a model act will be proposed attempting to reconcile and promote these interests.

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Education And The Law: State Interests And Individual Rights, Michigan Law Review Jun 1976

Education And The Law: State Interests And Individual Rights, Michigan Law Review

Michigan Law Review

No government activity exerts a more pervasive influence on Americans for a longer period of their lives than the regulation of education. The state seeks through its educational system to achieve two goals: the development of the basic reading, writing and other academic skills that any productive member of society must possess; and the inculcation of values deemed essential for a cohesive, harmonious and law-abiding society. Basically, through uniformity and standardization of the education experience the state attempts to guarantee that children will not become liabilities to society and that a minimal acceptance of shared values and norms will be …

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Mobilizing Private Law, Richard O. Lempert Jan 1976

Mobilizing Private Law, Richard O. Lempert

Book Chapters

The mobilization of law may be thought of as the process by which legal norms are invoked to regulate behavior. In the area of private law, mobilization has two distinct aspects. The first is the process by which existing disputes become engaged in the legal system. In theory this means that disputes are transferred from an arena where their resolution and the enforcement of resolutions depends on the relative power of the parties as enhanced or constrained by non-governmental normative systems to an arena where disputes are resolved by reference to governmental (legal) norms and resolutions enforced by the power …

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Program From The Twenty-First William W. Cook Lectures, University Of Michigan Law School Jan 1976

Program From The Twenty-First William W. Cook Lectures, University Of Michigan Law School

Cook Lecture Materials

The program from the twenty-first William W. Cook lectures, held March 29-31, 1976, at the University of Michigan. The lecture series was "Presidential Power Revisited: Reflections on Johnson and Nixon" by Richard E. Neustadt.

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Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr. Jan 1976

Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr.

Michigan Law Review

A Review of Les officialités à la veille du Concile de Trente by Anne Lefebvre-Teillard

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The Other Government, Daniel D. Polsby Nov 1975

The Other Government, Daniel D. Polsby

Michigan Law Review

A Review of The Other Government by Mark J. Green

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Government Information And The Rights Of Citizens, Michigan Law Review Jun 1975

Government Information And The Rights Of Citizens, Michigan Law Review

Michigan Law Review

This Project delineates the federal and state responses to these two fundamental societal concerns. The course of the discussion suggests the vitality of these concerns, and the flexibility and continuing development of the governmental responses. Clearly, the interests in maximizing disclosure of government-held information and minimizing the handling and dissemination of unnecessary or inaccurate personal information can conflict. The contours of this conflict, only intimated herein, will doubtless become more bold with the maturation of the opposing statutory schemes.

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Program From The Twenty-Fourth Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1975

Program From The Twenty-Fourth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-fourth Thomas M. Cooley lectures, held April 7-9, 1975, at the University of Michigan Law School. The lecture series was "Biology, Ethics and Law: Can They Help Each Other?" by Robert S. Morison.

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Program From The Twenty-Fifth Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1975

Program From The Twenty-Fifth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-fifth Thomas M. Cooley lectures, held November 3-5, 1975, at the University of Michigan Law School. The lecture series was "The Emergence of an American Theory of Law" by Stanley M. Katz, Morton J. Horwitz, and William E. Nelson.

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Whose Needy Children?, David L. Bazelon Jan 1975

Whose Needy Children?, David L. Bazelon

University of Michigan Journal of Law Reform

As an appellate judge for twenty-five years, the author has been confronted daily with cases involving what we call "behavior problems." As a judge, he can tell you it is a distressing task to sift daily through the records detailing the wreckage of human lives. He does not speak only of criminal cases. He also refers to child abuse and neglect cases, welfare eligibility cases, civil commitment cases, and many others.

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The Evolution Of Law In The Barrios Of Caracas, Robert C. Means Jun 1974

The Evolution Of Law In The Barrios Of Caracas, Robert C. Means

Michigan Law Review

A Review of The Evolution of Law in the Barrios of Caracas by Kenneth L. Karst, Murray L. Schwartz, and Audrey J. Schwartz

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Program From The Twenty-Third Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1974

Program From The Twenty-Third Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-third Thomas M. Cooley lectures, held March 19-22, 1974, at the University of Michigan Law School. The lecture series was "The Future of Imprisonment" by Norval Morris.

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Program From The Twentieth William W. Cook Lectures, University Of Michigan Law School Jan 1974

Program From The Twentieth William W. Cook Lectures, University Of Michigan Law School

Cook Lecture Materials

The program from the twentieth William W. Cook lectures, held April 1-5, 1974, at the University of Michigan. The lecture series was "The American Ethnic Pattern: A New Phase?" by Nathan Glazer.

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The Right Of Married Women To Assert Their Own Surnames, Roslyn Goodman Daum Jan 1974

The Right Of Married Women To Assert Their Own Surnames, Roslyn Goodman Daum

University of Michigan Journal of Law Reform

This article, then, will attempt to frame the issues involved in the name change controversy and to suggest not only ways to implement reforms, but also the consequences attending these measures. Massachusetts has been chosen as the setting for an in-depth analysis of each problem, and examples of legislative, judicial, and administrative action in that state will be interspersed throughout. The results of the efforts in Massachusetts may be politically and legally instructive for people with similar interests in other jurisdictions.

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The Myth Of Sisyphus: Legal Services Efforts On Behalf Of The Poor, Lawrence E. Rothstein Jan 1974

The Myth Of Sisyphus: Legal Services Efforts On Behalf Of The Poor, Lawrence E. Rothstein

University of Michigan Journal of Law Reform

In Greek mythology there is a story about the tyrant, Sisyphus, who is condemned to suffer everlasting anguish. Eternally, he rolls a huge rock up the steep side of a mountain only to have it roll down again just as he reaches the top. Such is the plight in which the poor person finds himself when confronting the legal system. If the poor individual is able to overcome the massive obstacles placed between him and full, fair litigation of his case, he finds that the rules to be applied to the case are stacked against him. This situation is not …

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Governmental Control Of Research In Positive Eugencis, I. Scott Bass Jan 1974

Governmental Control Of Research In Positive Eugencis, I. Scott Bass

University of Michigan Journal of Law Reform

This article examines the potential societal problems that would accompany the implementation of eugenics programs and considers possible mechanisms for dealing with these problems. Governmental control of research in positive eugenics is identified as a practical means of preempting the undesirable consequences of scientific advances. Since proposed government research controls would infringe upon academic freedom of inquiry, the constitutional issues raised by this clash are framed and analyzed.

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Billboard Control Under The Highway Beautification Act Of 1965, Roger A. Cunningham Jun 1973

Billboard Control Under The Highway Beautification Act Of 1965, Roger A. Cunningham

Michigan Law Review

Although the advertising control provisions of the Highway Beautification Act of 1965 have been the subject of unremitting controversy from the date of enactment until the present time, only three substantive amendments to title I have been adopted in the intervening years. These are the amendments to subsections ( d) and (j) and the addition of a new subsection (n) all of which were adopted in 1968.

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Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review Jun 1973

Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review

Michigan Law Review

The term "aesthetic legislation," as used in this Note, refers only to legislation that bears upon the visual character of the physical environment, rather than to legislation on problems of noise and odor. The legal system has handled problems of the latter sort much better; only the sense of sight has been left unprotected. Perhaps one reason for its neglect is that in order to make an area visually pleasing positive programs, such as zoning, must be used, as well as passive prohibitions of such noxious uses as billboards. Noise and odor problems, which can be resolved by prohibitions alone, …

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Legal Knowledge Of Michigan Citizens, Michigan Law Review Jun 1973

Legal Knowledge Of Michigan Citizens, Michigan Law Review

Michigan Law Review

This empirical study of the legal knowledge of Michigan citizens arose in response to the paucity of research in the area, especially in Michigan, where no such study had previously been conducted, and the contradictory findings of those earlier studies that had been conducted. Its findings may have implications for future efforts to educate the public and may provide some clues as to whether and why certain segments of the population are deficient in legal knowledge.

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Segregation Of Poor And Minority Children Into Classes For The Mentally Retarded By The Use Of Iq Tests*, Michigan Law Review May 1973

Segregation Of Poor And Minority Children Into Classes For The Mentally Retarded By The Use Of Iq Tests*, Michigan Law Review

Michigan Law Review

This Comment deals with the inadequacies of IQ tests as devices for identifying those children who are to be relegated to classes for the mentally retarded and with the constitutional ramifications of these inadequacies. The present use of standardized tests may violate due process and equal protection guarantees. Additionally, certain procedural due process requirements, heretofore ignored in this context, may apply to the placement process.

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Packer & Ehrlich: New Directions In Legal Education, Richard C. Maxwell Mar 1973

Packer & Ehrlich: New Directions In Legal Education, Richard C. Maxwell

Michigan Law Review

A Review of New Directions in Legal Education by Herbert L. Packer and Thomas Ehrlich

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Program From The Twenty-Second Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1973

Program From The Twenty-Second Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-second Thomas M. Cooley lectures, held April 4-6, 1973, at the University of Michigan Law School. The lecture series was "Income Taxatoin and Political Rhetoric" by Boris I. Bittker.

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The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar Jan 1973

The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar

Articles

Fifty years ago Clarence Darrow, probably the greatest criminal defense lawyer in American history and a leading opponent of capital punishment, observed: The question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment. Some states have abolished and then reinstated it; some have enjoyed capital punishment for long periods of time and finally prohibited the use of it. The reasons why it cannot be settled are plain. There is first of all no agreement as to the objects of punishment. Next there is no way to …

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Program From The Nineteenth William W. Cook Lectures, University Of Michigan Law School Jan 1972

Program From The Nineteenth William W. Cook Lectures, University Of Michigan Law School

Cook Lecture Materials

The program from the nineteenth William W. Cook lectures, held April 3-7, 1972, at the University of Michigan. The lecture series was "Frontiers of Ignorance" by Daniel J. Boorstin.

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Drug Songs And The Federal Communications Commission, Sammuel Bufford Jan 1972

Drug Songs And The Federal Communications Commission, Sammuel Bufford

University of Michigan Journal of Law Reform

A "public notice" concerning the broadcasting of drug-related popular songs by radio stations issued from the Federal Communications Commission on March 5, 1971. While this notice could be generally taken to prohibit the playing of such songs, its actual message, upon further analysis, is more complex and less direct. This article will examine the notice to ascertain its likely meaning, determine its legal status, and examine three constitutional issues it raises: whether the songs are protected as speech under the first amendment; whether the statement of the prohibition (if that be the import of the notice) is sufficiently precise to …

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Indigents, Hospital Admissions And Equal Protection, Charles S. Derousie Jan 1972

Indigents, Hospital Admissions And Equal Protection, Charles S. Derousie

University of Michigan Journal of Law Reform

The author surveyed ten hospitals in each of ten states, including hospitals of varying sizes and classifications. Five of the forty-five replies indicated the hospital did not admit all indigents in need of medical care. The primary reason given was that prospective patients not covered by hospital insurance or government programs such as Medicaid or Medicare were usually unable to produce a required preadmission deposit. This practice of requiring a preadmission deposit seems to be common.

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A Suggested Legislative Device For Dealing With Abuses Of Criminal Records, Walter W. Steele Jr. Jan 1972

A Suggested Legislative Device For Dealing With Abuses Of Criminal Records, Walter W. Steele Jr.

University of Michigan Journal of Law Reform

There are pitfalls apparent in ameliorating the overuse of criminal records. For example, techniques of expunging, sealing, and limiting access do not affect legal status. No amount of expunging, or sealing, or limiting access is truly useful unless civil rights, such as the right to vote, are restored as well. Another problem is the inherent breadth of a criminal record, which can involve acts or allegations of acts ranging from traffic offenses to murder or rape. Thus, it is difficult to draw precise guidelines delineating those parts of the record which may be legitimately used. The apparently illegitimate use of …

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Reich: The Greening Of American And Skinner: Beyond Freedom And Dignity, Donald H.J. Hermann Dec 1971

Reich: The Greening Of American And Skinner: Beyond Freedom And Dignity, Donald H.J. Hermann

Michigan Law Review

A Review of The Greening of American by Charles A. Reich and Beyond Freedom and Dignity by B. F. Skinner

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A New Role For The Black Law Graduate--A Reality Or An Illusion, Harry T. Edwards Aug 1971

A New Role For The Black Law Graduate--A Reality Or An Illusion, Harry T. Edwards

Michigan Law Review

It is not really surprising that so much attention has recently been given to the gross disparity in White v. Black participation in the legal profession. Indeed, the question of quality participation by Black lawyers is an irrelevant consideration until there is a real commitment to give Blacks equal access to the formerly all-white legal educational institutions. In examining the nature of this heretofore obvious (but only recently acknowledged) problem of Black underrepresentation within our society? (3) What must be done by the legal profession not only to alleviate the negative impact of such a shortage, but also to enhance …

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