Volume 16, Issue
1
ARTICLES
Affirmative Duty and Constitutional Tort
Michael Wells and Thomas A. Eaton
The Constitutionality of the Special Prosecutor Law
Donald J. Simon
NOTES
Evaluating Michigan’s Guilty But Mentally Ill Verdict: An Empirical Study
Gare A. Smith
James A. Hall
Alternative Mortgage Instruments: Authorizing and Implementing Price Level Adjusted
Mortgages
Joel J. Goldberg
A Proposed Analysis for Gender-Based Practices and State Public Accommodations Laws
Alan J. Hoff
Constitutional Constraints on the Admissibility of Grand Jury Testimony: The
Unavailable Witness, Confrontation, and Due Process
Barbara L. Strack
Commercial Treaties and Foreign Companies: The Mutually Reinforcing Principles of
Remedial Antitrust and National Treatment
Al Van Kampen
Volume 16, Issue 2
ARTICLES
A Right of Fair Dismissal: Enforcing A Statutory Guarantee
Janice R. Bellace
Exploring Voluntary Arbitration of Individual Employment Disputes
Alfred W. Blumrosen
Protecting the Whistleblower From Retaliatory Discharge
Martin H. Malin
Protection Against the Unjust Discharge: The Need for a Federal Statute
Jack Stieber and Michael Murray
Employment Problems of the Handicapped: Would Title VII Remedies be Appropriate and
Effective?
Cornelius J. Peck
NOTES
Reforming At-Will Employment Law: A Model Statute
Liana Gioia and Per Ramfjord
Employment-At-Will Doctrine: Providing a Public Policy Exception to Improve Worker
Safety
Daniel T. Schibley
Challenging the Employment-At-Will Doctrine Through Modern Contract Theory
Clare Tully
Volume 16, Issue 3
ARTICLES
Reducing Court Costs and Delay: An Overview
Leonard S. Janofsky
An Appellate Court Dilemma and a Solution Through Subject Matter Organization
Daniel J. Meador
Colorado’s Answer to the Local Rules Problem
William H. Erickson
Oral Argument and Expediting Appeals: A Compatible Combination
Joy A. Chapper
Appellate Caseload: Meeting the Challenge in Rhode Island
Joseph R. Weisberger
Court-Annexed Arbitration
A. Leo Levin
The Organized Bar: A Catalyst for Court Reform
Paul R. J. Connolly
NOTES
Improving Jury Deliberations: A Reconsideration of Lesser Included Offense Instructions
Michael D. Craig
Soliciting Sophisticates: A Modest Proposal for Attorney Solicitation
Victor P. Filippini, Jr.
Government Compensation for the Costs of Producing Subpoenaed Documents: A Proposal for
Legislative Reform
Norman Gross
Habeas Corpus Review of State Trial Court Failure to Give Lesser Included Offense
Instructions
Michael H. Hoffheimer
The Deduction of Unemployment Compensation from Back-Pay Awards Under Title VII
Eric A. Martin
Volume 17, Issue
1
ARTICLE
Refining the Lawmaking Functions of the Supreme Court
Fredrick Schauer
NOTES
Notice to Class Members Under the Fair Labor Standards Act Representative Action
Provision
Thomas Ashby
Inequality in Marital Liabilities: The Need for Equal Protection When Modifying the
Necessaries Doctrine
Debra S. Betteridge
Limiting the Use of the RICO Act as a Defense to Hostile Corporate Takeovers
Mary Ann Lesniak
Using the Federal Tort Claims Act to Remedy Property Damage Following Customs Service
Seizures
Richard F. Neidhardt
Developing a Victim’s Suit for Injuries Caused by a Compulsorily Released Prisoner
Leonard M. Niehoff
Recognizing a Constitutional Right of Media Access to Evidentiary Recordings in
Criminal Trials
Teri G. Rasmussen
Volume 17, Issue 2
Special Issue: Reforming Immigration
and Naturalization Policy
ARTICLES
Introduction
Lawrence H. Fuchs
The Immigration Reform and Control Act: Immigration Policy and the National Interest
Senator Alan K. Simpson
A Commentary on American Legal Scholarship Concerning the Admission of Migrants
James A. R. Nafziger
Political Asylum in the Federal Republic of Germany and the Republic of France: Lessons
for the United States
T. Alexander Aleinikoff
Political Asylum Under the 1980 Refugee Act: An Unfulfilled Promise
Arthur C. Helton
Reforming the Immigration and Nationality Act: Labor Certification, Adjustment of
Status, the Reach of Deportation, and Entry By Fraud
Elwin Griffith
NOTES
Resolving the Problem of Undocumented Workers in American Society: A Model Guest Worker
Statute
Marjorie E. Powell
The Propriety of Denying Entry to Homosexual Aliens: Examining the Public Health
Service’s Authority Over Medical Exclusions
Robert Poznanski
Is the Section 1983 Civil Rights Statute Overworked? Expanded Use of Magistrates- An
Alternative to Exhaustion
Brian P. Owensby
Section 558(c) of the Administrative Procedure Act: Provision for Informal Agency
Hearings Prior to License Revocation or Suspension
Joan P. Snyder
Volume 17, Issue 3
Symposium: Fourth Amendment Reform
ARTICLES
Introduction
Yale Kamisar
"Seizures" Typology: Classifying Detentions of the Person to Resolve Warrant,
Grounds, and Search Issues
Wayne R. LaFave
Probable Cause and Common Sense: A Reply to the Critics of Illinois v. Gates
Joseph D. Grano
The Pretext Search Doctrine: Now You See It, Now You Don’t
John M. Burkoff
The Fourth Amendment and the Control of Police Discretion
William J. Mertens
NOTES
The Applicability of Miranda Warnings to Non-Felony Offenses: Is the Proper Standard
"Custodial Interrogation" or "Severity of the Offense"?
Kenneth W. Gaul
The Battering Parent Syndrome: Inexpert Testimony as Character Evidence
Thomas N. Bulleit, Jr.
The Canons of Indian Treaty and Statutory Construction: A Proposal for Codification
Jill De La Hunt
Action Accrual Date for Written Warranties to Repair: Date of Delivery or Date of
Failure to Repair?
Carey A. DeWitt
The Severability of Legislative Veto Provisions: An Examination of the Congressional
Budget and Impoundment Control Act of 1974
Steven W. Pelak
Volume 18, Issue
1
The Thirty-Second Thomas M. Cooley
Lectures
Constitutional Protection of Human Rights: Perspective from Abroad
ARTICLES
Introduction
Terrance Sandalow
European Integration Through Fundamental Rights
Jochen Abr. Frowein
Towards A United Kingdom Bill of Rights
Francis G. Jacobs
Rights and Judges in a Democracy: A New Canadian Version
Paul C. Weiler
NOTES
Abusive Pro Se Plaintiffs in the Federal Courts: Proposals for Judicial Control
Michael J. Mueller
The Liability of Third Parties Under Title VII
Andrew O. Schiff
Public Employees or Private Citizens: The Off-Duty Sexual Activities of Police Officers
and the Constitutional Right of Privacy
Michael A. Woronoff
Volume 18, Issue 2
Essays on Legal Education
ARTICLES
The Nobel Prize for Law
Alfred F. Conard
Is Thinking Like a Lawyer Enough?
Sallyanne Payton
Doctrine in a Vacuum: Reflections on What a Law School Ought (and Ought Not) to Be
James B. White
Thoughts on Teaching
Christina B. Whitman
Why I Teach Water Law
Joseph L. Sax
Why Would Law Students Benefit from Studying Economics?
Michelle J. White
Fairness in Teaching Advocacy
Charles W. Joiner
Mediation and Negotiation: Learning to Deal with Psychological Responses
Andrew S. Watson
Clinical Legal Education: Is Taking Rites Seriously a Fantasy, Folly, or Failure?
Steven D. Pepe
The Law School of the University of Michigan: 1859-1984: An Intellectual History
Elizabeth Gaspar Brown
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 and Charles S. Saxon
NOTES
A Proposal for Extension of the Occupational Safety and Health Act to Indian-Owned
Businesses on Reservations
Maureen M. Crough
Private Settlement as Alternative Adjudication: A Rationale for Negotiation Ethics
Robert B. Gordon
Protecting the Independence of Administrative Law Judges: A Model Administrative Law
Judge Corps Statute
Karen Y. Kauper
Volume 18, Issue 3
ARTICLES
A Moderate and Restrained Federal Product Liability Bill: Targeting the Crisis Areas
for Resolution
Aaron D. Twerski
Pretextual Fourth Amendment Activity: Another Viewpoint
James B. Haddad
Rejoinder: Truth, Justice, and the American Way- Or Professor Haddad’s "Hard
Choices"
John M. Burkoff
The Bottom Line Limitation to the Rule of Griggs v. Duke Power Company
James P. Scanlan
NOTES
The Admissibility of Prior Silence to Impeach the Testimony of Criminal Defendants
Rex A. Sharp
Forcing Attorneys to Represent Indigent Civil Litigants: The Problems and Some
Proposals
Greg Stevens
Volume 18, Issue 4
Symposium: The Family, The State and
the Law
ARTICLES
Introduction
Michael S. Wald
The "Legalization" of the Family:
Toward a Policy of Supportive Neutrality
David L. Chambers
Coercive Freedom: A Response to Professor Chambers
Robert A. Burt
The Myth of State Intervention in the Family
Frances E. Olsen
From Coitus to Commerce: Legal and Social Consequences of Noncoital Reproduction
Joan Heifetz Hollinger
Beyond State Intervention in the Family: For Baby Jane Doe
Martha Minow
Divorce Bargaining: The Limits on Private Ordering
Robert H. Mookin
The Next Step: Definition, Generalization, and Theory in American Family Law
Carl E. Schneider
NOTES
The Incompetent Spouse’s Election: A Pecuniary Approach
Susan P. Barnabeo
House of Judah: The Problems of Child Abuse and Neglect in Communes and Cults
Gregory M. Gochanour
Exclusion of Families with Children from Housing
George Palmer Schober
Volume 19, Issue
1
Symposium: The Employee Retirement
Income Security Act of 1974
ARTICLES
Introduction
Theodore J. St. Antoine
A National Retirement Income Policy: Problems and Policy Options
Phyllis C. Borzi
ERISA- The First Decade: Was the Legislation Consistent with Other National Goals?
Alicia H. Munnell
ERISA Enforcement: Mandate for a Single Agency
Beverly M. Klimkowsky and Ian D. Lanoff
ERISA Preemption: Judicial Flexibility and Statutory Rigidity
Leon E. Irish and Harrison J. Cohen
Women’s Pension Reform: Congress Inches Toward Equity
Anne Moss
ERISA Retirement Plans in Individual Bankruptcy
John Minton Newell
NOTES
ERISA: To Sue or Not to Sue—A Question of Statutory Standing
Constance L. Bauer
Pension Plan Terminations and Asset Reversions: Accommodating the Interests of
Employers and Employees
Carl A. Butler
The Applicability of the Antitrust Procedures and Penalties Act of 1974 to Voluntary
Dismissals
Jon B. Jacobs
Bad Samaritanism and the Duty to Render Aid: A Proposal
Mark K. Osbeck
Volume 19, Issue 2
ARTICLES
Insurance Classification: Too Important to be Left to the Actuaries
Leah Wortham
Proposals to Amend Rule 68—Time to Abandon Ship
Stephen B. Burbank
NOTES
NLRA Preemption of State Law Actions for Wrongful Discharge in Violation of Public
Policy
Thomas Bean
A Mandatory Right to Counsel for the Material Witness
Susan Kling
Volume 19, Issue 3
ARTICLES
Suing in the Right of the Corporation: A Commentary and Proposal for Legislative Reform
Lawrence A. Larose
Improving Parent-Child Relationships Within the Divorced Family: A Call for Legal Reform
John S. Murray
An Empirical Analysis of the Medical and Legal Professions’ Experiences and
Perceptions of Medical and Legal Malpractice
J. Douglas Peters, Steven K. Nord, and R. Donald Woodson
NOTES
Taking a Byte Out of Abusive Agency Discretion: A Proposal for Disclosure in the Use of
Computer Models
John P. Barker
Fair Use and University Photocopying: Addison-Wesley Publishing v. New York
University
Eric D. Brandfonbrener
Distinguishing Between Capital Expenditures and Ordinary Business Expenses: A Proposal
for a Universal Standard
Steven J. Greene
The Medicare Rx: Prospective Pricing to Effect Cost Containment
H. Lynda Kugel
The Application of a Due Diligence Requirement to Market Share Theory in DES Litigation
Thomas C. Willcox
Volume 19, Issue 4
Symposium: Environmental Law - More
Than Just a Passing Fad
ARTICLES
Introduction
Joseph L. Sax
In the Wake of the Snail Darter: An Environmental Law Paradigm and its Consequences
Zygmunt J.B. Plater
The Dilution of the Clean Water Act
Mark C. Van Putten and Bradley D. Jackson
Pennsylvania’s Implementation of the Surface Mining Control and Reclamation Act:
An Assessment of How "Cooperative Federalism" Can Make State Regulatory Programs
More Effective
John C. Dernbach
Environmental Litigation in Historical Perspective
Samuel P. Hays
Reducing Acid Rain in Eastern North America: The Scientific Basis for an Acid Rain
Control Policy
Michael Oppenheimer
NOTES
Section 707(b) of the Bankruptcy Code: A Roadmap With a Proposed Standard for Defining
Substantial Abuse
David L. Balser
School Metal Detector Searches and the Fourth Amendment: An Empirical Study
Myrna G. Baskin & Laura M. Thomas
Farmland and Open Space Preservation in Michigan: An Empirical Analysis
Sandra A. Hoffmann
The Criminal Forfeiture Provisions of the RICO and CCE Statutes: Their Application to
Attorneys’ Fees
Gregory Merz
At-Large Elections and Vote Dilution: An Empirical Study
Richard A. Walawender
Volume 20, Issue
1
Symposium: Comparable Worth
ARTICLES
Introduction
Winn Newman
Comparable Worth: The Theory, Its Legal Foundation, and the Feasibility of
Implementation
Carin Ann Clauss
Remedies for Wage Discrimination
Ruth Gerber Blumrosen
Thoughts on Comparable Worth Litigation and Organizational Strategies
Nancy Gertner
The Attainment of Pay Equity Between the Sexes by Legal Means: An Economic Analysis
George E. Johnson and Gary R. Solon
Pay Equity-The Minnesota Experience
Nina Rothchild
NOTES
Tribal Court Jurisdiction Over Civil Disputes Involving Non-Indians: An Assessment of National
Farmers Union Insurance Cos. v. Crow Tribe of Indians and a Proposal for Reform
Allison M. Dussias
In Defense of a Double Standard in the Rules of Ethics: A Critical Reevaluation of the
Chinese Wall and Vicarious Disqualification
Frances Witty Hamermesh
Abusing the Patient: Medicare Fraud and Abuse and Hospital-Physician Incentive Plans
Kathryn A. Krecke
Expanding the Scarcity Rationale: The Constitutionality of Public Access Requirements
in Cable Franchise Agreements
Debora L. Osgood
Volume 20, Issue 2
ARTICLES
Representation of Children in Child Abuse and Neglect Cases: An Empirical Look at What
Constitutes Effective Representation
Donald N. Duquette and Sarah H. Ramsey
Population Changes and Constitutional Amendments: Federalism Versus Democracy
Peter Suber
Child Sexual Abuse Cases: Reestablishing the Balance Within the Adversary System
Mary Christine Hutton
NOTES
Limiting Directors’ Duty of Care Liability: An Analysis of Delaware’s Charter
Amendment Approach
Craig W. Hammond
Denying the Crime and Pleading Entrapment and Putting the Federal Law in Order
Richard C. Insalaco & Peter G. Fitzgerald
Mediation in Debtor/Creditor Relationships
Edward A. Morse
Nonmajority Bargaining Orders: The Only Effective Remedy for Pervasive Employer Unfair Labor
Practices During Union Organizing Campaigns
David S. Shillman
Volume 20, Issue 3
ARTICLES
Condominium Conversion of Residential Rental Units: A Proposal for State Regulation and
a Model Act
Bernard V. Keenan
Affordable Housing for the 1990s
Harold A. McDougall
The Civil Jury- An Endangered Species
The Honorable John Feikens
NOTES
"In Stark Contravention of Its Purpose": Federal Communications Commission
Enforcement and Repeal of the Fairness Doctrine
Michael J. Bolton
Preserving Purchase Money Security Interests and Allocating Payments
Lynda Kay Chandler
Reckless Endangerment of an Employee: A Proposal in the Wake of Film Recovery
Systems to Make the Boss Responsible for His Crimes
Anne D. Samuels
Psychiatric Assistance for Indigent Defendants Pleading Insanity: The Michigan
Experience
Paul Zisla
Volume 20, Issue 4
Symposium: Legal Issues in Scientific
Research
ARTICLES
Introduction: Legislative, Administrative, and Judicial Nonscience
Samuel D. Estep
Federal Biotechnology Policy: The Perils of Progress and the Risks of Uncertainty
Senator Al Gore
The New World of Patents Created by the Court of Appeals for the Federal Circuit
Martin J. Adelman
Scientific Responsibility and the Law
Harold P. Green
Earmarked Appropriations: The Debate Over the Method of Federal Funding
Donald N. Langenberg
On the Human Body as Property: The Meaning of Embodiment, Markets, and the Meaning of
Strangers
Thomas H. Murray
Federal Regulation of Agricultural Biotechnologies
Thomas O. McGarity
NOTES
A Proposal to View Patent Claim Nonobviousness from the Policy Perspective of Federal
Rule of Civil Procedure 52(a)
Bradley G. Lane
A Proposal to Cap Tort Liability: Avoiding the Pitfalls of Heightened Rationality
Richard S. Kuhl
Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal for
Resolving the Medical Malpractice Insurance Controversy
Larry M. Pollack
Cable Television Rights of Way: Technology Expands the Concept of Public Forum
Lawrence E. Spong
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