• Michigan Law Review

Publisher:
Michigan Law Review Association
Publication date:
2009-06-04
ISBN:
0026-2234
First document:
Vol. 109 Nbr. 1, October 2010
Last document:
Vol. 113 Nbr. 1, October 2014
Copyright:
(Copyright 2011)<br>Provided by ProQuest LLC. All Rights Reserved.<br>Content not included in vLex Global Academic product.

Latest documents

  • The Scope of Precedent

    The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales and elaborate doctrinal frameworks articulated by their predecessors. This practice infuses judicial precedent with the prescriptive power of enacted constitutional and statutory text. The lower federal courts follow suit, regularly abiding by the Supreme Court's broad pronouncements. These phenomena cannot be explained by-and, indeed, oftentimes subvert-the classic distinction between binding holdings and dispensable dicta. This Article connects with recurring and foundational debates about the proper ends of judicial interpretation. A precedent's forward-looking effect should not depend on the superficial categories of holding and dictum. Instead, it sh...

  • Reinventing Copyright and Patent

    Essentially, all intellectual property is equal under the law. This equality comes at a heavy price, however. The equality principle gives all creators access to the same remedies, even when those remedies create perverse litigation incentives. Moreover, society overpays for innovation through more monopoly losses than are strictly necessary to incentivize production. In this Article, the authors propose a solution for these problems in the form of a self-tailored system of intellectual property rights. This self-tailored system would allow inventors and creators to select the optimal type and scope of protection for their intellectual property. Working from the bottom up, their self-tailored system would give each innovator a basic package of intellectual property rights and enforcemen...

  • Speedy Trial As a Viable Challenge to Chronic Underfunding in Indigent-Defense Systems

    Across the country, underresourced indigent-defense systems create delays in taking cases to trial at both the state and federal levels. Attempts to increase funding for indigent defense by bringing ineffective assistance of counsel claims have been thwarted by high procedural and substantive hurdles, and consequently these attempts have failed to bring significant change. This Note argues that, because ineffective assistance of counsel litigation is most likely a dead end for system-wide reform, indigent defenders should challenge the constitutionality of underfunding based on the Sixth Amendment guarantee of speedy trial. Existing speedy trial jurisprudence suggests that the overworking and furloughing of indigent-defense attorneys that delay bringing cases to trial should be counted ...

  • A Blended Approach to Reducing the Costs of Shareholder Litigation

    Multiforum litigation and federal securities law class actions impose heavy costs on corporations and their shareholders without producing proportionate benefits. Both are largely the result of the agency problem between shareholders and their attorneys, driven more by the attorneys' interests in generating fees than by the interests of their clients. In response to each of these problems, commentators have recommended a number of solutions. Chief among them are forum selection and mandatory arbitration provisions in a corporation's charter or bylaws. This Note recommends that corporations unilaterally adopt both forum selection and mandatory arbitration bylaws to address shareholder lawsuits under state corporate and federal securities law, respectively. This Note also explains why eac...

  • The Political Safeguards of Horizontal Federalism

    For decades, people have debated whether &quot;political safeguards&quot; preserve healthy relations between the states and the federal government and thus reduce or eliminate the need for judges to referee state -- federal tussles. No one has made such an argument about relations among the states, however, and the few scholars to have considered the question insist that such safeguards don't exist. This Article takes the opposite view and lays down the intellectual foundations for . If you want to know what unites the burgeoning work on horizontal federalism and illuminates the hidden logic of its doctrine, you need know only one fact: lawyers hate spillovers. Whether it is a state's decision to license same-sex marriage or set high emissions stan...

  • Rethinking the timing of capital clemency.
  • The political safeguards of horizontal federalism.
  • The political safeguards of horizontal federalism.
  • A comprehensive administrative solution to the Armed Career Criminal Act debacle.
  • Rethinking the timing of capital clemency.