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Articles 301 - 330 of 1091
Full-Text Articles in Legal Writing and Research
Generalizing Disability, Michael Ashley Stein
Generalizing Disability, Michael Ashley Stein
Michigan Law Review
Published in 1949, Joseph Tussman and Jacobus tenBroek's article The Equal Protection of the Laws has exerted longstanding influence on subsequent Fourteenth Amendment scholarship. Insightfully, Tussman and tenBroek identified a paradox: although the very notion of equality jurisprudence is a "pledge of the protection of equal laws," laws themselves frequently classify individuals, and "the very idea of classification is that of inequality." Notably, classification raises two sometimes concurrent varieties of inequality: over-inclusiveness and under-inclusiveness. Of these, over-inclusiveness is a more egregious equal protection violation due to its ability to "reach out to the innocent bystander, the hapless victim of circumstance …
Spectres Of Law & Economics, William H. Widen
Spectres Of Law & Economics, William H. Widen
Michigan Law Review
There are spectres haunting law and economics - the spectres of G.W.F. Hegel and Jacques Lacan. This is one of the central theses of Professor Jeanne L. Schroeder's challenging new book: The Triumph of Venus, the Erotics of the Market ("Triumph of Venus"). Schroeder uses insights inspired by the teachings of Hegel and the French psychoanalyst, Lacan, to critique some basic assumptiosn made by scholars who use economic ideas to investigate the law and legal institutions - the law and economics ("L&E") practitioners. The book devotes much space to criticism of Judge Posner's vision of law, using it …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recently received by Michigan Law Review for review.
A Guide To U.S. Intellectual Property Searching Online, Jennifer L. Selby
A Guide To U.S. Intellectual Property Searching Online, Jennifer L. Selby
Law Librarian Scholarship
The disadvantage to searching intellectual property online, patents in particular, is that the available online databases do not encompass the array and extent of tools needed to conduct a comprehensive search.7 Essentially, you can search patents on the web, but you cannot do a true patent search. A complete patentability search must include not only U.S. patents, but foreign patents and all relevant non-patent literature also (all resources together are referred to as ‘‘prior art’’ for an invention).8 These additional resources can be researched at the Patent Office Library in Washington D.C., and, on a more limited basis, at a …
Evidence? Or Emotional Fuel?, Robert E. Precht
Evidence? Or Emotional Fuel?, Robert E. Precht
Law Quadrangle (formerly Law Quad Notes)
The following excerpt is from Defending Mohammad: Justice on Trial (Cornell University Press, 2003), by Robert E. Precht, and appears here with permission of Cornell University Press. The excerpt is from Chapter 8, "Relevance and Prejudice." The book is based on the author's experience as public defender for Mohammad Salameh, the lead suspect in the 1993 bombing of the World Trade Center.
Meaning What You Say, James Boyd White
Meaning What You Say, James Boyd White
Book Chapters
In this essay I talk about a wide range of themes in the hope of establishing a connection among them: writing (including the teaching of writing) and what is at stake, for the writer and the rest of the world, in doing it well or badly; certain forces in our culture-hard to define and understandthat tend to reduce or trivialize human experience, indeed the very value of the human being; the conception of the human being, not trivial at all, that underlies our practices of self-government in general and constitutional democracy in particular; and the idea of justice at work, …
Restyling The Civil Rules: Clarity Without Change, Edward H. Cooper
Restyling The Civil Rules: Clarity Without Change, Edward H. Cooper
Articles
Devoted fans and casual users of the Federal Rules of Civil Procedure will feel mixed emotions on contemplating the Style Project that aims to rewrite every rule from Rule 1 to the end. Well they might. The Style Project's purpose is simply stated. The Civil Rules, created in an inspired fit of creativity, have been amended repeatedly over the years. Experience has shown that even inspired initial drafting could not avoid all misadventures and that amendments drafted by successive generations wielding different drafting tools do not always fit well. The present rules can be reworked to say more clearly what …
A Look Back On A Half-Century Of Teaching, Writing And Speaking About Criminal Law And Criminal Procedure, Yale Kamisar
A Look Back On A Half-Century Of Teaching, Writing And Speaking About Criminal Law And Criminal Procedure, Yale Kamisar
Articles
When I look back at my academic career, I realize that, as hard as I tried to plan things, various events often overrode my plans.
Major Resources For The New Family Law Attorney, Barbara H. Garavaglia
Major Resources For The New Family Law Attorney, Barbara H. Garavaglia
Articles
While experienced family law lawyers are undoubtedly familiar with the array of research resources most useful to the family law practitioner, new attorneys and attorneys new to family law practice may need guidance in locating and identifying the most efficient and useful source material to help them in their family law work. Sherri L. Katz provided an excellent and comprehensive list of family law resources in her article "Best Research Resources on Family Law," Mich BJ79, no. 2 (2000): 196 (hereinafter "Best Research Resources"). Although the article is three years old, its excellent and comprehensive descriptions of the "best" resources …
Books Received, Michigan Journal Of International Law
Books Received, Michigan Journal Of International Law
Michigan Journal of International Law
A list of books received by the Journal.
Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper
Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper
Michigan Law Review
Yale Kamisar was absent when I was first interviewed by a number of faculty members from the University of Minnesota Law School where he was then teaching. These sessions took place between Christmas and New Year's in 1959 (when I was a third-year student at Penn), at the annual meeting of the Association of American Law Schools, that year in St. Louis. Yale had planned to be there, I was told, but cancelled because he was behind schedule in completing an article. So while I didn't meet him on that occasion, I surely learned what would ring familiar many times …
Stories About Miranda, George C. Thomas Iii
Stories About Miranda, George C. Thomas Iii
Michigan Law Review
It is no exaggeration to say that Yale Kamisar was present at the creation of Miranda v. Arizona. To be sure, the seeds of Miranda had been sown in earlier cases, particularly Escobedo v. Illinois, but Escobedo was a Sixth Amendment right to counsel case. Professor Kamisar first saw the potential for extending the theory of Escob edo to the Fifth Amendment right against compelled self-incrimination. Escob edo theorized that a healthy criminal justice system requires that the accused know their rights and are encouraged to exercise them. The Escobedo Court read history to teach that no system …
Selected Michigan Probate Law Research Resources, Barbara H. Garavaglia
Selected Michigan Probate Law Research Resources, Barbara H. Garavaglia
Articles
Over the past decade, attorneys have increasingly sought free electronic resources on the web to meet their research needs in order to control research costs. The need for free or low-cost access to legal materials is especially critical for solo practitioners and attorneys with smaller practices who live in areas without access to a law library or who may find the cost of commercial print and electronic resources prohibitive.
Why I Write (And Why I Think Law Professors Generally Should Write), Yale Kamisar
Why I Write (And Why I Think Law Professors Generally Should Write), Yale Kamisar
Articles
As my colleague James Boyd White has observed, It may look as though we are all doing the same thing, as we huddle over our typewriters or computers, producing work called articles or books, but we are in fact often doing very different things, and I think it is important to recognize and value these differences, in ourselves and in others. There are not only differences in what we write but in whom it is that we write for. Unlike Professor White,2 I usually write as professional to professional. Again, unlike Professor White,3 I am fairly comfortable with "the voice …
Tribute To Yale Kamisar, Ruth Bader Ginsburg
Tribute To Yale Kamisar, Ruth Bader Ginsburg
Michigan Law Review
When the editors of this issue told me of Professor Yale Kamisar's decision to retire from full-time teaching after a near half century of law faculty service, two thoughts came immediately to mind. First, I thought of the large loss to Michigan students unable to attend his classes and to faculty colleagues at Ann Arbor unable routinely to engage his bright mind. Second, I thought it altogether right for the Michigan Law Review to publish an issue honoring one of the Law School's most prized professors. When invited to write a tribute, I could not resist saying yes.
Publications By Professor Yale Kamisar, Michigan Law Review
Publications By Professor Yale Kamisar, Michigan Law Review
Michigan Law Review
A bibliography of publications by Yale Kamisar.
Books Received, Michigan Law Review
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Michigan Law Review
In Part I, I expand on the distinction between the Horatian and the Menippean forms of satire and then suggest that a similarly bold division can be used to map satirical legal studies. In support of that argument, I use the example of the earliest surviving satirical legal poem within the Western tradition. My analysis of this exemplary satirical legal artifact delineates four principal modes of legal satire that will organize the ensuing discussion of more contemporary examples of the genre. In Part II, I will address the currently popular and yet somewhat novel mode of ad hominem or nominate …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
Books received by the Law Review.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
Books received by the Law Review.
Mediated Popular Constitutionalism, Barry Friedman
Mediated Popular Constitutionalism, Barry Friedman
Michigan Law Review
There are divergent views in the legal academy concerning judicial review, but at their core these views share a common (and possibly flawed) premise. The premise is that the exercise of judicial review is countermajoritarian in nature. There is a regrettable lack of clarity in the relevant scholarship about what "countermajoritarian" actually means. At bottom it often seems to be a claim, and perhaps must be a claim, that when judges invalidate governmental decisions based upon constitutional requirements, they act contrary to the preferences of the citizenry. Some variation on this premise seems to drive most normative scholarship regarding judicial …
Legislating Chevron, Elizabeth Garrett
Legislating Chevron, Elizabeth Garrett
Michigan Law Review
One of the most significant administrative law cases, Chevron v. Natural Resources Defense Council, lnc., is routinely referred to as the "counter-Marbury." The reference suggests that Chevron's command to courts to defer to certain reasonable agency interpretations of statutes is superficially an uneasy fit with the declaration in Marbury v. Madison that "[i]t is emphatically the province and duty of the judicial department to say what the law is." According to the consensus view, Chevron deference is consistent with Marbury, as long as Congress has delegated to agencies the power to make policy by interpreting ambiguous statutory language or filling …
Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert M. Chesney
Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert M. Chesney
Michigan Law Review
Faysal Galab is a twenty-seven-year-old American citizen of Yemeni descent who was born and raised in Buffalo, New York. He is married, has three children, and used to run a gas station in the Buffalo suburb of Lackawanna. Perhaps you have heard of him; he will be spending some or all of the next ten years in federal prison because in spring of 2001 he and six other Lackawanna residents traveled to Afghanistan and trained with Al Qaeda.
Foreign Affairs: Presidential Initiative And Congressional Control, David P. Currie
Foreign Affairs: Presidential Initiative And Congressional Control, David P. Currie
Michigan Law Review
Jefferson Powell is one of our foremost scholars of constitutional history. He is particularly adept at bringing extrajudicial sources to bear on constitutional issues. Owing perhaps in part to his extensive service in the Department of Justice, he has a special facility for the use of executive materials; he is surely our leading academic expert on executive interpretation of the Constitution. In his latest book Professor Powell applies his enviable skills to the recurring, fundamental, and controversial question of the division of authority between the President and Congress in the realm of foreign affairs. As is always the case when …
The Unruliness Of Rules, Peter A. Alces
The Unruliness Of Rules, Peter A. Alces
Michigan Law Review
Analytical jurisprudence depends on a posited relation between rules and morality. Before we may answer persistent and important questions of legal theory - indeed, before we can even know what those questions are - we must understand not just the operation of rules but their operation in relation to morality. Once that relationship is formulated, we may then come to terms with the likes of inductive reasoning in Law, the role of precedent, and the fit, such as it is, between Natural Law and Positivism as well as even the coincidence (or lack thereof) between inclusive and exclusive positivism. That …
Meaning's Edge, Love's Priority, Patrick Mckinley Brennan
Meaning's Edge, Love's Priority, Patrick Mckinley Brennan
Michigan Law Review
The story is told of an American wending his way through the British Museum. Reaching the Rosetta Stone, he reached right over the railing, touched the scarred slab, and lamented: "It doesn't feel meaningful." Whereupon an old Briton was heard to mumble: "The poor American's got this old thing confused with the Blarney Stone." A bully presses his case, but meaning is much more modest. Powerless to insist upon itself, meaning lies in wait of discovery. What distinguishes the Rosetta Stone from other rocks of the same kind and size is that it was someone's - or rather a group's …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Michigan Law Review
Cass Sunstein and Adrian Vermeule argue in Interpretation and lnstitutions that judicial interpretation of statutes and constitutions should take account both of the institutional framework within which interpretation takes place and of the consequences of different styles of interpretation; they further argue that this point has been neglected by previous scholars. The first half of the thesis is correct but obvious; the second half, which the authors state in terms emphatic to the point of being immodest, is incorrect. Moreover, the authors offer no feasible suggestions for how the relation between interpretation and the institutional framework might be studied better …