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One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon

Articles

This article describes an innovation in legal education and speculates about its importance and effectiveness as an educational tool. The speculations about its potential use, however, are ones that each legal educator will be able to test individually to determine the effectiveness of this use of microcomputers to improve legal education. The computer software that permits the innovation to be used will be available to interested persons by the time that this article is published.

Eric Stein Vita & Bibliography, Michigan Law Review

Michigan Law Review

Eric Stein Vita & Bibliography

Review Of Social Science In The Courtroom: Statistical Techniques And Research Methods For Winning Class-Action Suits, Richard O. Lempert

Reviews

If publishers had to conform to anything like truth-in-packaging laws, the title of James Loewen' s book would be something like A Simple Introduction to Elementary Statistical Methods That Might Be of Use in Class­Action Suits for Discrimination, Homilies on the Legal System for Social Scientists, Homilies on Social Science for Lawyers, and Examples from My Own Experience. No one who is interested in the deeper intellectual issues that surround the use of social science in the courtroom, such as the debate over when courts may appropriately tum to social science for aid in resolving fundamental value questions, has reason …

Clear Understandings: A Guide To Legal Writing, Michigan Law Review

Michigan Law Review

A Review of Clear Understandings: A Guide to Legal Writing by Ronald L. Goldfarb and James C. Raymond

Secondary Legal Sources: A Selected Subject Bibliography Of Treatises, Looseleaf Services And Form Books Fifth Edition, Linda S. Maslow

Law Library Publications

The fifth edition of this bibliography is a subject arrangement of selected English language treatises, looseleaf services and form books. Most of the works listed were published in this country and all are in the collection of this law library.

Our object in revising this bibliography has been to present to the law students of The University of Michigan a reasonably thorough listing of useful and current secondary sources covering domestic and international law. The inclusion of a work in this bibliography does not mean that the Law Library is endorsing either the author's style or the substance of his …

Political Asylum Procedure: Time For Reform, T. Alexander Aleinikoff

Law Quadrangle (formerly Law Quad Notes)

The statutory asylum process created by the Refugee Act of 1980 has been swamped by an unexpected wave of over 120,000 asylum applications, most of which are still pending. T. Alexander Aleinikoff examines current procedure and asks whether it might not be: Time for Reform

A Commentary On American Legal Scholarship Concerning The Admission Of Migrants, James A.R. Nafziger

University of Michigan Journal of Law Reform

The following essay will focus attention on American legal scholarship concerning the admission of migrants. This topic is instructive and practical because of its impact on both municipal and global law. An eminent international jurist observed that greater foresight by scholars twenty-five years ago could have averted many current problems of migration. Today, these problems arise from such sources as the population explosion, periodic droughts, the pull factor of opportunities in advanced economies, and massive political unrest in the Horn of Africa, Afghanistan, Southeast Asia, Central America, and elsewhere. Migrants are knocking at the gates of sovereignty, even crashing some …

Drafting The Arbitration Clause, Whitmore Gray

Book Chapters

Providing in the contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense this is what he or she is doing in general in contract drafting--anticipating misunderstandings or problems which experience indicates are likely to arise, and trying to provide clear answers in advance. When it comes to drafting a specific clause for the resolution of further disputes which may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on or draw the other …

The Judicial Opinion And The Poem: Ways Of Reading, Ways Of Life, James Boyd White

Michigan Law Review

This paper is an essay in what I want to call the poetics of the law. I begin with a largely autobiographical account of what seems to me a striking similarity in the ways in which poetry and law once were taught - and to some degree still are taught, though perhaps less comfortably so. My first object is to suggest some connections: between these two kinds of thought and expression; between the ways in which we are habituated to read texts of each sort; and between the dilemmas that confront readers and critics in each field. In doing these …

L. Hart Wright -- Bibliography, Elizabeth Gaspar Brown

Michigan Law Review

A Bibliography of L. Hart Wright

Scholarly Books: What, To Whom And Why, James J. White

Articles

A consideration of the role that the books reviewed in this edition will play in the future of American legal thought has led me to speculate about the transmission of ideas into acts and about the role of books in that transmission. In certain arenas, tracing an idea from its origins to its ultimate application is straightforward. For example, the evolution of Germany's Schlieffen plan for invading France can be traced with little difficulty from the circumstances responsible for its birth, through years of refinement, to its eventual application in World War I. The development and acceptance of a medical …

The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein

Law Quadrangle (formerly Law Quad Notes)

Although it has been axiomatic that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in New York, Michigan, New Jersey, and California have decided cases within the last several years that may presage the abandonment of the ancient "no-reformation" rule. (In re Snide, 52 N.Y.2d 193, 418 N.E.2d 656, 437 N.Y.S.2d 63 (1981); Estate of Kremlick, 331 N.W.2d 228 (Mich. 1983); Engle v. Siegel, 74 N.J. 287, 377 A.2d 892 (1977); and Estate of Taff, 63 Cal. App. 3d 319, 133 Cal.Rptr. 737 (1976).)

The new cases do not purport to make …

Iii. Recent French Extradition Cases, Michigan Journal Of International Law

Michigan Journal of International Law

This section of the appendix contains the first published collection of recent French extradition cases dealing with the application of the political offense exception to terrorists. Because of the selective fashion in which French decisional law is reported, many French extradition cases are never reproduced in any French case reporter. The purpose of this appendix is to provide an English speaking audience with the substance of opinions which are otherwise nearly impossible to obtain. The editors hope that this collection will aid comparative research and contribute to an informed debate on the political offense exception.

The Roles Of Lawbooks, Alfred F. Conard

Michigan Law Review

The Michigan Law Review's annual review of books provides us with an informative sample of the recently published books that are available to inform the lawyer's mind. No doubt the sample is biased by the idiosyncracies of the editors' tastes and of the reviewers' receptivity. But these biases are more likely to enhance than to diminish the significance of the selection.

On Describing Legal Research, Steven M. Barkan

Michigan Law Review

A Review of Fundamentals of Legal Research. 2d ed. by J. Myron Jacobstein and Roy M. Mersky

Dedication Remarks, Terrance Sandalow, Theodore St. Antoine, John Pickering, Rober Nederlander, Gunnar Bickerts, Harold Shapiro, Potter Stewart

Law Quadrangle (formerly Law Quad Notes)

A selection of speeches given at the dedication of the newly built Law Library.

Panel Discussion: Commenting On Theodore Lowi's "Law, Power, And Knowledge", Francis A. Allen, Theodore J. St. Antoine, Joseph L. Sax, E. Philip Soper

Law Quadrangle (formerly Law Quad Notes)

Commenting on Theodore Lowi's "Law, Power, and Knowledge"

Participants: Professors Francis A. Allen, Theodore J. St. Antoine, Joseph L. Sax, and E. Philip Soper of the University of Michigan Low School

What Do Tax Limitation Votes Mean?, Daniel Rubinfeld, Paul N. Courant, Edward M. Gramlich

Law Quadrangle (formerly Law Quad Notes)

In response to the tax limitation movement which received national attention with the passage of California's Proposition 13 and which gave rise to a slate of tax limitation referends on the Michigan ballot in 1978, we began a theoretical and empirical study of the relationship between the size of state and local governing units and issues in public finance.

Appendix Iv, Michigan Journal Of International Law

Michigan Journal of International Law

In this section: • Selected Works on the Rights and Status of Refugees Under United States and International Law, 1960-1980

Clarifying Legal Drafting By Well-Structuring It: An Improved Version Of The Plain Language Game, Layman E. Allen

Other Publications

In order to be plain, language should be well-structured. This is the theory upon which the PLAIN LANGUAGE Game is based. It provides those who aspire to be legal drafters with practice in constructing well-structured statements - a useful skill for expressing clear legal norms. You have already encountered the underlining of part of the term 'well-structured', 'PLAIN LANGUAGE' and 'norm', and may be wondering about it The underlining of the first two letters of each word of a term indicates that the term is a defined term and that it is being used in its defined sense. Thus, a …

Truth And Interpretation In Legal History, G. Edward White

Michigan Law Review

The essay consists of four sections. Section I discusses the nature of historical explanation, devoting some attention to the roles of "truth," interpretation, and detachment in historical scholarship. Section II continues that discussion by exploring the meaning and the purpose of what I call "interpretive detachment" in the writing of history. Section III considers the theoretical assumptions of Marxist legal historians from the point of view developed in preceding sections. Section IV, taking into account some issues that remain problematic or troublesome, restates my approach.

In Praise Of Book Reviews, Francis A. Allen

Michigan Law Review

This is the third time in as many years that the Michigan Law Review has presented a substantial canvass of legal and law-relevant literature to its readers. Any institutional practice repeated three times is in a fair way of becoming a tradition, and the tradition of an annual "book-review issue" in this journal seems vigorously alive and well. Accordingly, the present collection of review essays requires no benediction from me. That these remarks are a work of supererogation is even more strongly suggested when one recalls the elegant essay of David Cavers, which helped launch the first collection two years …

Annotated Bibliography

Michigan Journal of International Law

Corporate concentration of both a national and transnational character is one of the more oblique topics in antitrust literature. Books and articles in the area tend to focus on narrow aspects of this issue, or on the regulatory efforts of particular countries and international organizations. The annotations which follow highlight some of the leading writings on industrial concentration.

Lawyer's Writing, Richard C. Wydick

Michigan Law Review

A review of How To Write Plain English: A Book for Lawyers & Consumers by Rudolf Flesch

Secondary Legal Sources: A Selected Subject Bibliography Of Treatises, Looseleaf Services And Form Books Fourth Edition, Bruce S. Johnson, Steven M. Barkan, Mary C. Wilson

Law Library Publications

The fourth edition of this bibliography is a subject arrangement of selected English language treatises, looseleaf services and form books. Most all of the works listed were published in this country and all are in the collection of this law library.

Our object in revising this bibliography has been to present to the law students of The University of Michigan a reasonably thorough listing of useful and current secondary sources covering dorr1estic and international Jaw. The inclusion of a work in this bibliography does not mean that the Law Library is endorsing either the author's style or the substance of …

Language, Law, And Logic: Plain Legal Drafting For The Electronic Age, Layman E. Allen

Book Chapters

The achievement of current demands for clearer legal drafting in the United States (New York, 1973 and President's Executive Order, 1978) and Great Britain (Renton Report, 1975) can be aided by applying modern logic to improve the language of the law. In considering how the expression of legal norms can be clarified by using some formal language techniques, particular attention will be given to alternatives for dealing with problems of inadvertent imprecision in current legal drafting, alternatives that facilitate human understanding as well as enhance the possibilities for analysis by computer. A brief sketch of the imprecision of the expression …

The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm

Articles

Language is not simple. To pretend otherwise is to mislead. In practice the aspect that is handled most ineptly in written legal materials is the structure. The focus of this article is upon structure and how to improve it. At the outset, let one thing be absolutely clear. In seeking to achieve clarity of expression, those who have no more to recommend than short sentences, simple words, and readability formulas are offering a cracker in circumstances where a full gourmet feast is gleaming in the chef's eye for those with the wit but to ask for the menu. To practice …

Book Reviews In Law Reviews: An Endangered Species, David F. Cavers

Michigan Law Review

Introduction: Book Reviews in Law Reviews: An Endangered Species

How Liberated Was Judge Jerome Frank?, Michael E. Smith

Michigan Law Review

A Review of A Man's Reach: The Philosophy of Judge Jerome Frank edited by Barbara Frank Kristein

Secondary Legal Sources: A Selected Subject Bibliography Of Treatises, Looseleaf Services And Form Books Third Edition, Peter C. Schanck, Carole Hango-Hanlon, Leah M. Gunn

Law Library Publications

The third edition of this bibliography is a subject arrangement of selected English language treatises, looseleaf services and form books. Most all of the works listed were published in this country and all are in the collection of this law library.

Our object in revising this bibliography has been to present to the law students of The University of Michigan a reasonably thorough listing of useful and current secondary sources covering domestic and international law. The inclusion of a work in this bibliography does not mean that the Law Library is endorsing either the author's style or the substance of …