Michigan Law Review

The Michigan Law Review is a legal journal. Founded in 1902, it is published eight times a year by the University of Michigan Law School.Subjects include law. The editor in chief is Leah M. Litman.

Articles from Vol. 112, No. 6, April

A Pragmatic Republic, If You Can Keep It
A PRAGMATIC REPUBLIC, IF YOU CAN KEEP ITCreating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law. By Jerry L. Mashaw. New Haven and London: Yale University Press. 2012. Pp. x, 316. Cloth, $75; paper, $45.IntroductionThese...
Diverging Destinies Redux
DIVERGING DESTINIES REDUXComing Apart: The State of White America, 1960-2010. By Charles Murray. New York: Crown Forum. 2012. Pp. viii, 306. Cloth, $27; paper, $16.IntroductionA close friend from your selective college or graduate school, perhaps with...
Frost for Lawyers: "The Best Thing That We're Put Here For's to See"2
FROST FOR LAWYERS: "THE BEST THING THAT WE'RE PUT HERE FOR'S TO SEE"The Poetry of Robert Frost: The Collected Poems. Edited by Edward Connery Lathem. New York: Henry Holt and Co. 1969. Pp. xx, 521. $37.50.IntroductionWhy should lawyers read Frost? First...
Institutional Autonomy and Constitutional Structure
INSTITUTIONAL AUTONOMY AND CONSTITUTIONAL STRUCTUREFirst Amendment Institutions. By Paul Horwitz. Cambridge and London: Harvard University Press. 2013. Pp. xiii, 359. $49.95.IntroductionThis Review makes two claims. The first is that Paul Horwitz's1...
Is Religious Freedom Irrational?
IS RELIGIOUS FREEDOM IRRATIONAL?Why Tolerate Religion? By Brian Leiter. Princeton and Oxford: Princeton University Press. 2013. Pp. xv, 133. $24.95.IntroductionBrian Leiter1 is almost exactly half right. There is no convincing secular- liberal argument...
Law Matters, Even to the Executive
LAW MATTERS, EVEN TO THE EXECUTIVEPower and Constraint: The Accountable Presidency After 9/11. By Jack Goldsmith. New York: W.W. Norton & Co. 2012. Pp. xvi, 252. $26.95.The Executive Unbound: After the Madisonian Republic. By Eric A. Posner and Adrian...
Letting Go of Old Ideas
LETTING GO OF OLD IDEASThe Lawyer Bubble: A Profession in Crisis. By Steven J. Harper. New York: Basic Books. 2013. Pp. xvi, 208. $26.99.Tomorrow's Lawyers: An Introduction to Your Future. By Richard Susskind. Oxford: Oxford University Press. 2013. Pp....
Missing Mcveigh
MISSING MCVEIGHKilling McVeigh: The Death Penalty and the Myth of Closure. By Jody LyneéMadeira. New York and London: New York University Press. 2012. Pp. xxvii, 274. Cloth, $65; paper, $24.Introduction[O]n the 19th morning of April at 9:02 in the morning,...
Paternalistic Interventions in Civil Rights and Poverty Law: A Case Study of Environmental Justice
PATERNALISTIC INTERVENTIONS IN CIVIL RIGHTS AND POVERTY LAW: A CASE STUDY OF ENVIRONMENTAL JUSTICEAgainst Autonomy: Justifying Coercive Paternalism. By Sarah Conly. New York: Cambridge University Press. 2013. Pp. viii, 194. Cloth, $95; paper, $32.99.IntroductionLow-income...
Racial Templates
RACIAL TEMPLATESA Wicked War: Polk, Clay, Lincoln, and the 1846 U.S. Invasion of Mexico. By Amy S. Greenberg. New York: Alfred A. Knopf. 2012. Pp. xix, 279. Cloth, $30; paper, $16.95.IntroductionThis riveting tale of greed, international skullduggery,...
Rationality's Reach
RATIONALITY'S REACHSeduction by Contract: Law, Economics, and Psychology in Con- sumer Markets. By Oren Bar-Gill. Oxford: Oxford University Press. 2012. Pp. xvi, 249. Cloth, $39; paper, $25.IntroductionEconomic analysis and the rational actor model have...
Regulation through Boilerplate: An Apologia
REGULATION THROUGH BOILERPLATE: AN APOLOGIABoilerplate: The Fine Print, Vanishing Rights, and the Rule of Law. By Margaret Jane Radin. Princeton and Oxford: Princeton University Press. 2013. Pp. xvii, 248. $35.IntroductionYou have to salute Peggy Radin....
Some Kind of Judge: Henry Friendly and the Law of Federal Courts
Some Kind of Judge: Henry Friendly and the Law of Federal Courts Henry Friendly, Greatest Judge of His Era. By David M. Dorsen. Fore- word by Richard A. Posner. Cambridge and London: The Belknap Press of Harvard University Press. 2012. Pp. xiii, 498....
Taking States (and Metaphysics) Seriously
TAKING STATES (AND METAPHYSICS) SERIOUSLYThe Fallacies of States' Rights. By Sotirios A. Barber. Cambridge and London: Harvard University Press. 2013. Pp. 209. $39.95.IntroductionSotirios A. Barber1 has written many incisive and important books,2 in...
The Banality of Wrongful Executions
THE BANALITY OF WRONGFUL EXECUTIONSLos Tocayos Carlos. By James Liebman, Shawn Crowley, Andrew Mark- quart, Lauren Rosenberg, Lauren Gallo White and Daniel Zharkovsky. Print version, 43 Columbia Human Rights Law Review 711, 711-1152 (2012); online version...
What Books on Law Should Be
I have thought it might be useful to our profession, and appropriate to a foreword to a collection of reviews of newly published books on law, to set forth some ideas on how books can best serve members of the different branches of the legal profession-specifically...
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