Is Thinking Like a Lawyer Enough?

Every year that I attend meetings of the Law School\u27s Committee of Visitors I ask members of the committee how the school might improve the training that we give to our graduates. Every year until this one the lawyers who have responded to this question have given a standard answer: the young lawyers are smart, they say, smarter in many respects than their seniors, but they don\u27t know how to write well. This response usually leads to a discussion of the proper place of skills training in the law school curriculum; lawyers and professors engage in a little jousting over the relationship between theory and practice, and all together lament the literary deficiencies of law students, compared, presumably, to ourselves

Commenting on Thomas E. Kauper\u27s Antitrust: Economic Regulation or Deregulator?

Commenting on Thomas E. Kauper\u27s Antitrust: Economic Regulation or Deregulator? Professor Payton proposed to comment on both Professor Steiner\u27s and Professor Kauper\u27s papers since both addressed the current crisis of regulatory legitimacy and competence. Steiner\u27s theory that this current controversy arose from irritation generated by social, as distinct from economic, regulation first received Payton\u27s attention. Like Steiner, Payton questioned why economic regulation has taken the forms it has and why we have recently become dissatisfied with them. Law incorporates a society\u27s fundamental understanding of what constitutes right conduct. giving some values priority through protection and enforcement. It does this negatively legislating against evil rather than in favor of good

Civil Rights and Republican Principles: a Reply to the Graham Incoherence Thesis

Professor Sallyanne Payton began her academic career at Michigan in 1976. She formerly served on the White House Domestic Council staff and was chief counsel to the Urban Mass Transportation Administration in the U.S. Department of Transportation. I am grateful for an opportunity to respond to Professor Graham\u27s very stimulating and informative paper. Professor Graham\u27s central insight, as I understand it, is that the Nixon administration\u27s civil rights policy. was characterized by theoretical inconsistency and some political opportunism. The policy\u27\u27 included a federal commitment to enforcing affirmative action, at the same time that it included the encouragement of a constitutional amendment against busing. It included both a vigorous effort to help Sou them school districts dismantle their dual schools systems and opposition to legislation that would have vested cease-and-desist enforcement powers in the EEOC. The Nixon administration created the Office of Minority Business Enterprise while attempting to weaken the Voting Rights Act. There was the Philadelphia Plan, but at the same time President Nixon made two attempts to place a Southern conservative on the Supreme Court of the United States. On balance, the record cannot be characterized as liberal, but neither can it be thought of as \u27\u27conservative, certainly not in the sense in which the nation has experienced a purer conservatism under the Reagan administration. Professor Graham argues that the Nixon record is, taken as a whole, incoherent/\u27 and that what Nixon administration officials lacked was an enunciation of Republican principles to guide their policies

Managed Care- The First Chapter Comes to a Close

Introduction to the symposium, Managed Care: What\u27s the Prognosis: Managing Care in the Next Century

Administrative Law: What Is It and What Is It Doing in Our Law School

The community of administrative law teachers and scholars seems to be in perpetual doubt over how administrative law should be approached as a branch of legal doctrine, and, indeed, whether the subject exists at all. At its core, administrative law is a collection of abstract, even pithy, principles that purport to describe and predict the bases on which judges review agency action. For example, agency decisions are to be supported by substantial evidence or are not to be abitrary and capricious and are to have a reasonable basis in law ; agencies must accord due process when they inflict deprivations of life, liberty, or property, and so on. Any experienced lawyer knows, however, that the actual content of these principles cannot be comprehended except by observing how they are applied to particular actions by particular agencies. Administrative law can only be understood in its native disorderly profusion; doctrinal synthesis and rationalization, the mainstays of traditional legal scholarship, may be not only futile in this area but actually misleading, an observation that has led observers to question whether there really is an encompassing subject known as administrative law

Some Impressions and Reflections on Observing Legal Proceedings in the People\u27s Republic of China

Very few foreign visitors have been allowed an opportunity to observe legal proceedings in the People\u27s Republic of China. We were included in the first American group ever favored with a professional exchange legal tour. During the month of May 1977, we spent three weeks in China with a group of Black American judges and lawyers, headed by the Hon. George C. Crockett, Jr., Judge of the Recorder\u27s Court of Detroit. Since we ourselves would be skeptical of the claim of a visitor to the United States who purported to have studied the American legal process during the course of a three-week visit, we make no claim to authority in these observations of the Chinese legal process. We offer our perceptions for whatever contribution they may make to the sparse Western knowledge of social control in the People\u27s Republic

Regulation Through the Looking Glass: Hospitals, Blue Cross, and Certificate-of-Need

A clear focus on the commitment of the public health and hospital establishments to the large teaching hospital and their belief in rationalizing the health care system through community-based planning allows us to understand the ideas and institutions that have produced our present system of hospital regulation. It can also help us to understand the structure and behavior of the hospital industry and can illuminate current controversies over health care policy. What follows is a narrative account of the development of regional planning and certificate-of-need legislation. As part of that story, we trace the evolution of the Blue Cross, explain its central role in the voluntary hospital and health insurance industries, and show how the voluntary hospital and public health establishments came to its rescue in the controversy over rising Blue Cross rates in the late 1950s. We offer a brief summary of our findings at the outset to make the Article more accessible to the general reader; at the close of the text we discuss Roemer\u27s Law, the economic theory used to justify CON legislation, and the system of voluntary sector self regulation that CON complements

Some Impressions and Reflections on Observing Legal Proceedings in the People\u27s Republic of China

Very few foreign visitors have been allowed an opportunity to observe legal proceedings in the People\u27s Republic of China. We were included in the first American group ever favored with a professional exchange legal tour. During the month of May 1977, we spent three weeks in China with a group of Black American judges and lawyers, headed by the Hon. George C. Crockett, Jr., Judge of the Recorder\u27s Court of Detroit. Since we ourselves would be skeptical of the claim of a visitor to the United States who purported to have studied the American legal process during the course of a three-week visit, we make no claim to authority in these observations of the Chinese legal process. We offer our perceptions for whatever contribution they may make to the sparse Western knowledge of social control in the People\u27s Republic

A National Dialogue on Health Information Technology and Privacy

Increasingly, government leaders recognize that solving the complex problems facing America today will require more than simply keeping citizens informed. Meeting challenges like rising health care costs, climate change and energy independence requires increased level of collaboration. Traditionally, government agencies have operated in silos -- separated not only from citizens, but from each other, as well. Nevertheless, some have begun to reach across and outside of government to access the collective brainpower of organizations, stakeholders and individuals.The National Dialogue on Health Information Technology and Privacy was one such initiative. It was conceived by leaders in government who sought to demonstrate that it is not only possible, but beneficial and economical, to engage openly and broadly on an issue that is both national in scope and deeply relevant to the everyday lives of citizens. The results of this first-of-its-kind online event are captured in this report, together with important lessons learned along the way.This report served as a call to action. On his first full day in office, President Obama put government on notice that this new, more collaborative model can no longer be confined to the efforts of early adopters. He called upon every executive department and agency to "harness new technology" and make government "transparent, participatory, and collaborative." Government is quickly transitioning to a new generation of managers and leaders, for whom online collaboration is not a new frontier but a fact of everyday life. We owe it to them -- and the citizens we serve -- to recognize and embrace the myriad tools available to fulfill the promise of good government in the 21st Century.Key FindingsThe Panel recommended that the Administration give stakeholders the opportunity to further participate in the discussion of heath IT and privacy through broader outreach and by helping the public to understand the value of a person-centered view of healthcare information technology

Managed Care- The First Chapter Comes to a Close

Introduction to the symposium, Managed Care: What\u27s the Prognosis: Managing Care in the Next Century