Archive for the ‘Law Rev (Michigan)’ Category

Michigan Law Review, Issue 106:8 (June 2008)

posted by Michigan Law Review

Michigan Law Review, Issue 106:8 June 2008)

(Past issues are available on our website.)

SYMPOSIUM

Glucksberg and Quill at Ten: Death, Dying and the Constitution

Foreword

Yale Kamisar, Can Glucksberg survive Lawrence? Another Look at the End of Life and Personal Autonomy, 106 Mich. L. Rev. 1453 (2008)

Articles

Randy E. Barnett, Scrutiny Land, 106 Mich. L. Rev. 1479 (2008)

Erwin Chemerinsky, Washington v. Glucksberg Was Tragically Wrong, 106 Mich. L. Rev. 1501 (2008)

Steven G. Calabresi, Substantive Due Process After Gonzales v. Carhart, 106 Mich. L. Rev. 1517 (2008)

Cass R. Sunstein, Due Process Traditionalism, 106 Mich. L. Rev. 1543 (2008)

Steven D. Smith, De-Moralized:Glucksberg in the Malaise, 106 Mich. L. Rev. 1571 (2008)

Kathryn L. Tucker, In the Laboratory of the States: The Progress of Glucksberg‘s Invitation to States to Address End-of-Life Choices,106 Mich. L. Rev. 1593 (2008)

Herbert Hendin & Kathleen Foley, Physician-Assisted Suicide in Oregon: A Medical Perspective, 106 Mich. L. Rev. 1613 (2008)

Marc Spindelman, Death, Dying and Domination, 106 Mich. L. Rev. 1641 (2008)

  June 24, 2008 at 12:47 pm   Posted in: Law Rev (Michigan), Law Rev Contents   Print This Post   No Comments

Michigan Law Review, Issue 106:7 (May 2008)

posted by Michigan Law Review

Michigan Law Review, Issue 106:7 (May 2008)

(Past issues are available on our website.)

Articles

Mitchell A. Kane & Edward B. Rock, Corporate Taxation and International Charter Competition, 106 Mich. L. Rev. 1229(2008)

Stewart W. Sterk, Property Rules, Liability Rules, and Uncertainty about Property Rights, 106 Mich. L. Rev. 1285(2008)

John Greenman, On Communication, 106 Mich. L. Rev. 1337(2008)

Notes

Susanna G. Dyer, Is There a Duty?: Limiting College and University Liability for Student Suicide, 106 Mich. L. Rev. 1379(2008)

Michael R. Cedillos, Categorizing Categories: Property of the Estate and Fraudulent Transfers in Bankruptcy, 106 Mich. L. Rev. 1405(2008)

Jeffrey T.G. Kelsey, Hacking into International Humanitarian Law: The Principles of Distinction and Neutrality in the Age of Cyber Warfare , 106 Mich. L. Rev. 1427(2008)

  May 16, 2008 at 10:35 am   Posted in: Law Rev (Michigan), Law Rev Contents   Print This Post   No Comments

Michigan Law Review, Issue 106:6 (April 2008)

posted by Michigan Law Review

Michigan Law Review, Issue 106:6 (April 2008)

(Past issues are available on our website.)

2008 Survey of Books Related to the Law

Foreword

Patricia M. Wald, War Tales and War Trials, 106 Mich. L. Rev. 901 (2008)

Confronting War

Robert J. Delahunty & John C. Yoo, Classic Revisited: Remarque: All Quiet on the Western Front, 106 Mich. L. Rev. 923 (2008)

Karen Engle, Classic Revisited: Remarque: All Quiet on the Western Front, 106 Mich. L. Rev. 941 (2008)

Stephen Reinhardt, Posner: Not a Suicide Pact: The Constitution in a Time of National Emergency, 106 Mich. L. Rev. 963 (2008)

Kevin Jon Heller, Drumbl: Atrocity, Punishment, and International Law, 106 Mich. L. Rev. 975 (2008)

The Administrative State

Jill R. Horwitz, Hyman: Medicare Meets Mephistopheles, 106 Mich. L. Rev. 1001 (2008)

M. Elizabeth Magill, Croley: Regulation and Public Interests: The Possibility of Good Regulatory Government, 106 Mich. L. Rev. 1021 (2008)

Comparative Law

Benjamin L. Liebman, West: Secrets, Sex and Spectacle: The Rules of Scandal in Japan and the United States, 106 Mich. L. Rev. 1041 (2008)

Roger P. Alford, Krotoszynski, Jr.: The First Amendment in Cross-Cultural Perspective: A Comparative Legal Analysis of the Freedom of Speech, 106 Mich. L. Rev. 1071 (2008)

Corporate Governance

Merrit B. Fox, Coffee, Jr.: Gatekeepers: The Professions and Corporate, 106 Mich. L. Rev. 1089 (2008)

Immigration

Cristina M. Rodriguez, Motomura: Americans in Waiting: The Lost Story of Immigration and Citizenship in the United States, 106 Mich. L. Rev. 1111 (2008)

International Law

Alex Geisinger & Michael Ashley Stein, Guzman: How International Law Works: A Rational Choice Theory, 106 Mich. L. Rev. 1129 (2008)

Yang Wang, Peerenboom: China Modernizes: Threat to the West or Model for the Rest?, 106 Mich. L. Rev. 1143 (2008)

Legal History

Sam Erman, Allen: Origins of the Dred Scott Case: Jacksonian Jurisprudence and the Supreme Court 1837 – 1857, 106 Mich. L. Rev. 1157 (2008)

Payment Systems

Katherine Porter, Mann: Charging Ahead: The Growth and Regulation of Payment Card Markets, 106 Mich. L. Rev. 1167 (2008)

Policing and Race

Richard Delgado, Herbert: Citizens, Cops, and Power: Recognizing the Limits of Community; Weitzer & Tuch: Race and Policing in America: Conflict and Reform; Weisburd & Braga: Police Innovation: Contrasting Perspectives, 106 Mich. L. Rev. 1193 (2008)

Torts

Anthony J. Sebok, Nagareda: Mass Torts in a World of Settlement, 106 Mich. L. Rev. 1213 (2008)

  April 11, 2008 at 1:26 am   Posted in: Book Reviews, Law Rev (Michigan), Law Rev Contents   Print This Post   2 Comments

Agricultural Animals and Animal Law

posted by Michigan Law Review

The Michigan Law Review’s companion journal First Impressions this week published an online symposium on Agricultural Animals and Animal Law.

The largest meat recall in U.S. history this February catalyzed debate on the treatment of animals in agriculture. Video of agricultural workers forcing “downer” cattle to slaughter at a California meat packing facility prompted criminal sanctions in that case. On the other side of the country, the New Jersey Supreme Court will consider this term whether regulations promulgated pursuant to a law mandating humane treatment of farm animals go far enough. The regulations reportedly do not prohibit castrating male piglets without anesthesia, removing chicken beaks and turkey claws without painkillers, or confining veal calves and pregnant sows in cages small enough to restrict turning around.

In light of these controversies, the symposium contributors debate the extent to which animal protection laws should apply to the agricultural industry.

The extended post contains a more complete description of the symposium and links to the essays.

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  April 9, 2008 at 12:55 pm   Posted in: Law Rev (Michigan), Law Rev Forum   Print This Post   No Comments

Michigan Law Review, Issue 106:5 (March 2008)

posted by Michigan Law Review

Michigan Law Review, Issue 106:5 (March 2008)

(Past issues are available on our website.)

Articles

Rebecca J. Scott, Public Rights, Social Equality, and the Conceptual Roots of the Plessy Challenge , 106 Mich. L. Rev. 777 (2008)

Brian Galle, Federal Fairness to State Taxpayers: Irrationality, Unfunded Mandates, and the “SALT” Deduction , 106 Mich. L. Rev. 805 (2008)

Notes

Theodore Kill, Don’t Cross the Streams: Past and Present Overstatement of Customary International Law in Connection with Conventional Fair and Equitable Treatment Obligations , 106 Mich. L. Rev. 853 (2008)

Joseph Mead, Confidence in the Nonprofit Sector Through Sarbanes-Oxley-Style Reforms , 106 Mich. L. Rev. 881 (2008)

  March 23, 2008 at 2:59 pm   Posted in: Law Rev (Michigan), Law Rev Contents   Print This Post   No Comments

Michigan Law Review, Issue 106:4 (February 2008)

posted by Michigan Law Review

Michigan Law Review, Issue 106:4 (February 2008)

(Past issues are available on our website.)

Articles

Cristina M. Rodríguez, The Significance of the Local in Immigration Regulation, 106 Mich. L. Rev. 567 (2008)

Mark A. Hall & Carl E. Schneider, Patients as Consumers: Courts, Contracts, and the New Medical Marketplace, 106 Mich. L. Rev. 643 (2008)

Correspondence

James J. White, Bankruptcy Noir, 106 Mich. L. Rev. 691 (2008)

Lynn M. LoPucki & Joseph W. Doherty, Bankruptcy Vérité, 106 Mich. L. Rev. 721 (2008)

Note

John C. Evans, Addressing Default Trends in Patent-Based Section 337 Proceedings in the United States International Trade Commission, 106 Mich. L. Rev. 745 (2008)

  February 22, 2008 at 6:50 pm   Posted in: Law Rev (Michigan), Law Rev Contents   Print This Post   No Comments

Recent Proposals for Electoral College Reform

posted by Michigan Law Review

The Michigan Law Review’s companion journal First Impressions today published an online symposium on Recent Proposals for Electoral College Reform.

Several proposals for changing the manner in which electoral votes are assigned have been increasingly debated since the 2008 presidential campaign began. Among these are recent suggestions that states assign their electoral votes based on the popular vote results in individual congressional districts or assign their electoral votes statewide based on the national popular vote. The symposium contributors explore the viability and advisability in today’s political climate of these and other Electoral College reform proposals.

The extended post contains a more complete description of the symposium and links to the essays.

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  January 30, 2008 at 10:00 pm   Posted in: Law Rev (Michigan), Law Rev Forum, Politics   Print This Post   7 Comments

Michigan Law Review, Issue 106:3 (December 2007)

posted by Michigan Law Review

Michigan Law Review, Issue 106:3 (December 2007)

(Past issues are available on our website.)

Articles

Rueul E. Schiller, The Era of Deference: Courts, Expertise, and the Emergence of New Deal Administrative Law, 106 Mich. L. Rev. 399 (2007)

Robert D. Sloane, Prologue to a Voluntarist War Convention, 106 Mich. L. Rev. 443 (2007)

William Michael Treanor, Taking Text too Seriously: Modern Textualism, Original Meaning, and the Case of Amar’s Bill of Rights, 106 Mich. L. Rev. 487 (2007)

Note

Michael J. Ruttinger, Is There a Dormant Extraterritoriality Principle?: Commerce Clause Limits on State Antitrust Laws, 106 Mich. L. Rev. 545 (2007)

  December 18, 2007 at 8:58 pm   Posted in: Law Rev (Michigan), Law Rev Contents   Print This Post   No Comments

Michigan Law Review, Issue 106:2 (November 2007)

posted by Michigan Law Review

Michigan Law Review, Issue 106:2 (November 2007)

(Past issues are available on our website.)

Articles

Laura A. Rosenbury, Friends with Benefits?, 106 Mich. L. Rev. 189 (2007)

Ariel Porat, Offsetting Risks, 106 Mich. L. Rev. 243 (2007)

Essay

Nicole Stelle Garnett, Suburbs as Exit, Suburbs as Entrance, 106 Mich. L. Rev. 277 (2007)

Notes

Benjamin H. Diessel, Trolling for Trolls: The Pitfalls of the Emerging Market Competition Requirement for Permanent Injunctions in Patent Cases Post-eBay, 106 Mich. L. Rev. 305 (2007)

Peter Curtis Magic, Exclusion Confusion? A Defense of the Federal Circuit’s Specific Exclusion Jurisprudence, 106 Mich. L. Rev. 347 (2007)

Sarabeth A. Rayho, Divorcees Turn About in Their Graves as Ex-Spouses Cash In: Codified Constructive Trusts Ensure an Equitable Result Regarding ERISA-Governed Employee Benefit Plans, 106 Mich. L. Rev. 373 (2007)

  November 26, 2007 at 7:14 pm   Posted in: Law Rev (Michigan), Law Rev Contents   Print This Post   No Comments

Pay-to-Stay Programs in Correctional Facilities

posted by Michigan Law Review

The Michigan Law Review’s companion journal First Impressions today published an online symposium on Pay-to-Stay Programs in Correctional Facilities.

Approximately fifteen California jails have implemented pay-to-stay programs. These programs allow some offenders to pay a daily fee in order to serve their sentences in a city-run or privately-managed correctional facility rather than in a county jail. In some programs, benefits include assignment to a private cell with a regular door, separation from violent offenders, access to the jail’s movie collection, and the ability to carry an iPod or cell phone. The symposium contributors consider the implications of these pay-to-stay programs.

The extended post contains a more complete description of the symposium as well as links to the essays.

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  November 18, 2007 at 11:30 am   Posted in: Law Rev (Michigan), Law Rev Forum   Print This Post   No Comments

Michigan Law Review, Issue 106:1 (October 2007)

posted by Michigan Law Review

Michigan Law Review, Issue 106:1 (October 2007)

(Past issues are also available on our website.)

Articles

Lynn M. LoPucki & Joseph W. Doherty, Bankruptcy Fire Sales, 106 Mich. L. Rev. 1 (2007)

Ingrid Brunk Wuerth, International Law and Constitutional Interpretation: The Commander in Chief Clause Reconsidered, 106 Mich. L. Rev. 61 (2007)

Notes

Peter DiCola, Choosing between the Necessity and Public Interest Standards in FCC Review of Media Ownership Rules, 106 Mich. L. Rev. 101 (2007)

Kyle H. Landis-Marinello, Noontime Dumping: Why States Have Broad Discretion to Regulate Onboard Treatments of Ballast Water, 106 Mich. L. Rev. 135 (2007)

Jeremy M. Suhr, Reading Too Much into Reeder-Simco?, 106 Mich. L. Rev. 169 (2007)

  November 15, 2007 at 8:07 pm   Posted in: Law Rev (Michigan), Law Rev Contents   Print This Post   No Comments

Announcing the Law Review Table of Contents Project

posted by Daniel Solove

I’m pleased to announce a new feature at Concurring Opinions – the Law Review Table of Contents Project. We have invited a number of the top law reviews to post the table of contents to their new issues and to provide links to the articles if they are posted on the law review’s website.

The goal of the Table of Contents Project is to provide you with a useful research tool. Finding out about the latest law review publications can be difficult. If you’re like me, you rarely read the physical issues of law reviews anymore; and you don’t have time to constantly keep checking each law review’s website to see if a new issue has been published. Now you don’t have to. Just keep reading Concurring Opinions, and information about the latest law review scholarship will be brought to you – all in one place!

Each journal’s tables of contents will be archived in two categories: (1) a category called Law Rev Contents – collecting all the law review table of contents postings; and (2) a category for each specific law review.

Participating law reviews thus far include:

* Boston College

* Chicago

* Columbia

* Cornell

* Duke

* Emory

* Fordham

* Georgetown

* GW

* Harvard

* Indiana

* Michigan

* Minnesota

* NYU

* Northwestern

* Notre Dame

* Southern California

* Stanford

* Texas

* UCLA

* Vanderbilt

* Virginia

* Washington University

* Yale

We still have a bunch of open invitations, so we anticipate that the number of participants will grow. Unfortunately, we cannot include all law reviews, as this will overwhelm the regular content of our blog.

We hope that you find this new feature to be helpful. We’re very excited about it here, as we believe that this will be of great use to keep you informed about new legal scholarship.

  November 13, 2007 at 12:10 am   Posted in: Administrative Announcements, Law Rev (Boston College), Law Rev (Chicago), Law Rev (Columbia), Law Rev (Cornell), Law Rev (Duke), Law Rev (Emory), Law Rev (Fordham), Law Rev (Georgetown), Law Rev (GW), Law Rev (Harvard), Law Rev (Indiana), Law Rev (Michigan), Law Rev (Minnesota), Law Rev (Northwestern), Law Rev (Notre Dame), Law Rev (NYU), Law Rev (S Cal), Law Rev (Stanford), Law Rev (Texas), Law Rev (UCLA), Law Rev (Vanderbilt), Law Rev (Virginia), Law Rev (Yale), Law Rev Contents   Print This Post   7 Comments

The Supreme Court, the Federal Circuit, and Patent Law

posted by Michigan Law Review

The Michigan Law Review’s companion journal First Impressions today published an online symposium on the Supreme Court, the Federal Circuit, and Patent Law. The symposium takes place against a backdrop of three recent Supreme Court decisions affecting patent law—KSR v. Teleflex, Microsoft v. AT&T, and eBay v. MercExchange.

A diverse group of authors considers whether these cases together represent, as some commentators have suggested, a recent upheaval in patent law and a modified relationship between the Federal Circuit and the Supreme Court. The extended post contains a more complete description of the symposium as well as links to the essays.

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  October 16, 2007 at 5:29 pm   Posted in: Intellectual Property, Law Rev (Michigan), Law Rev Forum, Supreme Court   Print This Post   No Comments

Symposium on Televising the Supreme Court

posted by Michigan Law Review

The Michigan Law Review’s companion journal First Impressions today published an online symposium discussing the televising of Supreme Court proceedings. The symposium takes place against a backdrop provided by legislation pending in the House and Senate that would require the Supreme Court to televise its proceedings.

A diverse group of authors explores the implications of the prospective legislation and considers potential risks and benefits of televising the Court’s proceedings. The extended post contains a more complete description of the symposium as well as the full text of the essays.

Read the rest of this post »

  May 23, 2007 at 12:53 am   Posted in: Constitutional Law, Law Rev (Michigan), Law Rev Forum, Supreme Court   Print This Post   One Comment

Announcing the Law Review Forum Project

posted by Daniel Solove

I am very pleased to announce a new project here at Concurring Opinions – the Law Review Forum Project. We will be hosting online forums for several law reviews. Increasingly, law reviews are creating online forums as companions to their regular law review issues. These forums contain very short response pieces, essays, debates, and other works that attempt to bridge the gap between regular legal scholarship and the blogosphere.

Journals seeking to create their own online forum face two daunting challenges. First, they must create and actively maintain a web presence. Second, they must find ways to attract readers, which is difficult in an age where so many blogs and other websites exist. A wide readership for a website depends upon having daily content. Law review forums produce content sporadically throughout the year at intervals that are not regular enough to attract a significant readership.

Therefore, we have invited a number of law reviews to participate in a partnership with our blog. Throughout the year, each law review will periodically post forum essays here at Concurring Opinions. We are not requiring an exclusive license, so participating law reviews can also cross-post at their own websites.

We see this as a mutually-beneficial arrangement. We can bring great content to our blog, and law reviews can reach our significant audience without the pressures of having to build and maintain an online readership or of having to produce content with regularity.

Law reviews currently with and without existing forums will be participating. Thus far, the following law reviews have agreed to participate:

* Harvard Law Review

* Virginia Law Review

* Michigan Law Review

* University of Pennsylvania Law Review

* Northwestern Law Review

* UCLA Law Review

* George Washington Law Review

In the near future, we hope to be expanding the list of participating law reviews.

  April 24, 2007 at 1:04 am   Posted in: Administrative Announcements, Law Rev (GW), Law Rev (Harvard), Law Rev (Michigan), Law Rev (Northwestern), Law Rev (Penn), Law Rev (UCLA), Law Rev (Virginia), Law Rev Forum, Law School (Law Reviews), Law School (Scholarship)   Print This Post   4 Comments

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