Wisconsin Law Research Articles

Geology of Central Lake Michigan

The geology beneath Lake Michigan between 43°00^prime and 44°00^primeN and between 86°30^prime and 87°40^primeW is interpreted from a synthesis of 1,700 km of continuous seismic reflection profile data, bathymetry, grab samples, and onshore surface and subsurface information. The continuous seismic reflection profiles and bathymetry provided information for maps of unconsolidated sediment thickness and Paleozoic bedrock topography. The map of unconsolidated sediment (primarily Pleistocene) shows thicknesses ranging from 180 m in a steep-walled, northeast-trending valley to less than 10 m over a mid-lake topographic high. This valley and the mid-lake high are the dominant topographic features developed on the gently eastward-dipping Paleozoic rocks along this part of the western flank of the Michigan basin. Two structural-stratigraphic cross sections of the study area were constructed by utilizing a composite subsurface-surface section for eastern Wisconsin and two control wells in western Michigan. The cross sections, grab samples previously described in the literature, the bedrock topographic map, and published maps were used to construct a Paleozoic geologic map for central Lake Michigan. Rocks from Middle Silurian through Early Mississippian age form subcrops beneath the study area, whereas rocks of Early Silurian, Ordovician, and Late Cambrian age are present at greater depth. The Upper Cambrian rocks unconformably overlie Precambrian igneous and metamorphic rocks. The structural-stratigraphic cross sections also allow us to speculate about the petroleum potential beneath Lake Michigan. The possibility of oil occurrences within the Silurian is enhanced by major east-west facies changes, and other horizons with promise are present in Devonian and Ordovician rocks. Although Michigan and Wisconsin laws currently prohibit petroleum exploration in Lake Michigan, it is an area with future potential.

Vigilance and the Law: The Moral Authority of Popular Justice in the Far West

1 historical importance of legal institutions in nineteenth-century America is a recurrent theme in the work of J. Willard Hurst. See, in particular, Law and the Conditions of Freedom in the Nineteenth Century United States (Madison: Univ. of Wisconsin Press, 1956). I have also been influenced by Morton Horowitz's controversial study, Transformation of Law, 1789-1860 (Cambridge: Harvard Univ. Press, 1977), esp. chs. 1, 5; and Perry Miller, Life of the Mind in America: From the Revolution to the Civil War (New York: Harcourt, Brace, and World, 1956); 99-116. For a recent review of the legal history literature, see Harry Scheiber, Public Economic Policy and the Legal System: Historical Perspectives, Wisconsin Law Review (1980), 1159-89; and Scheiber, American Constitutional History and the New Legal History: Complementary Themes in Two Modes, Journal of History, 68 (1981), 337-50. literature on control in the nineteenth century is large. most noted studies are David Rothman, Discovery of the Asylum: Social Order and Disorder in the Early Republic (Boston: Little, Brown, 1971); Michael Katz, Irony of Early School Reform: Educational Innovation in Mid-Nineteenth-Century Massachusetts (Cambridge: Harvard Univ. Press, 1968); Anthony Platt, Child Savers: Invention of Delinquency (Chicago: Univ. of Chicago Press, 1969). I am aware of the controversy about the very term control as applied in these works, and I use it with the caution Richard Fox suggests in Beyond Social Control: Institutions and Disorder in Bourgeois Society, History of Education Quarterly, 16 (1976), 203-207, and Insanity in California (Berkeley and Los Angeles: Univ. of California Press, 1979), ch. 1. My understanding of post-Revolutionary efforts at institutional social reform stems from Fox's work and Christopher Lasch, The Origins of the Asylum, in World of Nations (New York: Alfred Knopf, 1973), 3-17, 313-16. For a thoughtful dissent, see Gerald Grob, Rediscovering Asylums: Unhistorical History of the Mental Hospital, in Morris J. Vogel and Charles E. Rosenberg, eds., Therapeutic Revolution: Essays in the Social History of Medicine (Philadelphia: Univ. of Pennsylvania Press, 1979), 135-57. On the police, see Roger Lane, Policing the City: Boston, 1833-1865 (New York: Atheneum, 1967); James Richardson, New York Police, Colonial Times to 1900 (New York: Oxford Univ. Press, 1970).

Juries and the Death Penalty

Logically, it would seem that capital juries must be at least as fair, im partial, and representative as juries that sit in ordinary criminal prose cutions. But there is much evidence to suggest that this is not the case. In Witherspoon v. Illinois, the Supreme Court examined the process of "death qualification" used to impanel capital juries. The Court approved the exclusion of prospective jurors whose opposition to the death penalty would make it impossible for them to decide upon guilt fairly and im partially, but left open the question of whether the exclusion of others who would not consider imposing the death penalty under any circum stances violated the defendant's constitutional rights.Since Witherspoon, death qualification has been extensively studied. It has been found to affect both the composition of the jury panel that re sults and, through the process itself, jurors who are exposed to the pro cedure. The exclusion of characteristics or attitudes linked with opposi tion to the death penalty h...

Assessing the Effects of Information Disclosure Requirements

S NE continuing manifestation of consumerism is the increase in legislative and regulatory requirements for disclosure of product information. The pressure for additional information shows no signs of abating,' although the focus of the pressure is certainly changing. For the past five years the greatest emphasis has been on information about ingredients, relative prices, safety, and the useful life of products. The future will see greater attention paid to disclosures of efficiency and comparative performance information2 on a much broader array of products. Table 1 illustrates the scope of present and probable future requirements. A curious feature of the growing demand for more information is the paucity of concrete evidence that past disclosures have made significant differences in consumer or market behavior. And if the future is like the past, there will be little or no programmatic research available to help decision makers forecast the impact of new disclosure requirements.3 The lack of evidence on the behavioral effects of information disclosures is due to the relative newness of most requirements and the inherent difficulties of designing and implementing the appropriate evaluation research.4 These factors are compounded by a lack of conceptual bases for understanding how buyers use informations and confusion as to the objectives to be served by providing additional information. Without specific agreed-upon objectives there is no basis for a subsequent determination of success or failure. Yet there is seldom agreement among proponents as to whether new requirements should simply enhance the consumer's right to know, improve the quality of products and competition, facilitate value comparisons, enable buyers to better match products and needs and thus increase purchase satisfaction, or pursue broad educational aims such as creating general public interest in nutrition or sensitivity to energy conservation. 1. See generally, Hans B. Thorelli, Information Systems of the Future (Distinguished Lecture in Marketing, York University, 1972); William L. Wilkie and David M. Gardner, Marketing Research Inputs to Public Policy: The Case of the FTC, JOURNAL OF MARKETING, Vol. 38 (January 1974), pp. 38-47; William A. French and Hiram C. Barksdale, Food Labeling Regulations: Efforts Toward Disclosure, JOURNAL OF MARKETING, Vol. 38 (July 1974), pp. 14-19; William C. Whitford, Functions of Disclosure Regulation in Consumer Transactions, Wisconsin Law Review (No. 2, 1973), p. 403; and Gwen Bymers, Seller-Buyer Communication: Point of View of a Family Economist, Journal of Home Economics, Vol. 64 (February 1972), p. 59. 2. George S. Day, Full Disclosure of Comparative Performance Information to Consumers: Problems and Prospects, Journal of Contemporary Business, Vol. 4 (January 1975), pp. 53-68. 3. The major exceptions to this pattern have been the research on nutrient labeling and open dating. See Monroe Peter Friedman, Responses to Unit Pricing, Open Dating and Nutrient Labeling, in Proceedings of the Association for Consumer Research, M. Venkatesan, ed. (Chicago, 1972), pp. 361-369. 4. George S. Day and William K. Brandt, Research and the Evaluation of Public Policy: The Case of Truth in Lending, Journal of Consumer Research, Vol. 1 (June 1974), pp. 21-32. 5. William L. Wilkie, Assessment of Consumer Information Processing Research in Relation to Public Policy Needs (Report to the National Science Foundation, 1974). Journal of Marketing, Vol. 40 (April 1976), pp. 42-52.

Company Retention. An Unreliable Indicator of the Cost of Life Insurance to the Policyowner

Company retention is shown to be non-unique for policies with different underlying cost structures. The formulation is examined to see if it accurately reflects a policyowner's viewpoint of expected cost. An alternative is proposed which adjusts for the understatement of the protection element and overstatement of the savings element. The company retention measure devised by Joseph M. Belth and recommended by him as part of a price disclosure scheme for life insurance has been described as an indicator of what the insurance company keeps to cover its expenses and make a profit on a particular policy. The retention value is considered by its originator to be a suitable measure for assessing relative costs when making a purchase decision.' This article will show that the retention measure, if used as suggested by Belth, can be misleading and produce inconsistent-even deceptiveindications of relative cost. Specifically, it will be shown that the retention indicated for a particular policy is not necessarily unique. That is, two or more policies can have the same retention value and yet be such that a rational buyer would have definite preferences for one or another based on cost considerations alone. It will also be demonstrated that there is a bias in favor of dividend payouts as opposed to wealth accumulations through savings-a bias that can lead to nonsensical results. William C. Scheel, M.A., CPCU, is Lecturer in the Department of Risk and Insurance and Actuarial Science in the University of Wisconsin, Madison. He was previously a member of the Faculty of Business Administration and Commerce in the University of Alberta. This paper was submitted in October, 1973. 1 The retention measure is discussed both in Joseph M. Belth, Price Disclosure in Life Insurance, Wisconsin Law Review, Vol. 1972, No. 4, pp. 1054-1069; and in Belth's book, Life Insurance a Consumer's Handbook (Bloomington: Indiana University Press, 1973). Belth has described the usefulness of the retention measure in his price disclosure article as follows: [The company retention is] what the company keeps to cover its expenses and make a profit-from the policyholder's point of view. This is the difference between what the policyholder pays in (the present expected value of the premiums) and what he gets back (the sum of the present expected values of the protection element, ( 81 ) This content downloaded from 157.55.39.215 on Wed, 31 Aug 2016 05:07:21 UTC All use subject to http://about.jstor.org/terms 82 The Journal of Risk and Insurance

Foreign Affairs and the Constitution

Journal Article Henkin: Foreign Affairs and the Constitution Get access Foreign Affairs and the Constitution.By Henkin Louis. Mineola,New York: The Foundation Press, 1972. Pp. xi, 553. Richard B Bilder Richard B Bilder *Professor of Law, University of Wisconsin Law School. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 21, Issue 4, Autumn 1973, Pages 786–790, https://doi.org/10.2307/839090 Published: 01 October 1973

Collective bargaining with teachers under Wisconsin law

Collective bargaining with teachers under Wisconsin law

Religion, Education, and the Constitution: The Doctrine of Neutrality

This paper was adapted by Professor Katz from an address he delivered before the Purdue Conference on Religion and Education in October, 1963, and has been brought up to date in a postscript by the author. Professor Katz treats the newly significant neutrality principle in U. S. Supreme Court cases dealing with religion and education. He is professor of law at the University of Wisconsin Law School in Madison.

The Emergence of Law and Justice in Pre-Territorial Wisconsin

P RIOR TO 1825, Wisconsin was largely an uninhabited wilderness,1 though political jurisdiction had been exercised over the area since the sixteenth century. From 1512 to 1627 the sole claim over the area that is now Wisconsin was by Spain, whose jurisdiction was derived from the early discovery of Ponce de Leon.2 Though claiming hegemony over the old Northwest, Spain was never in actual occupation of the territory, so that the pattern of legal development which ultimately emerged in Wisconsin bore little or no imprint of Spanish culture. Not until the middle of the next century were the rudiments of civil government forged in isolated pockets of the wilderness in the wake of French explorations into the territory of the old Northwest. France occupied the territory until February 10, 1763, when civil jurisdiction over Wisconsin passed to Great Britain pursuant to the Treaty of Paris negotiated at the conclusion of the French and Indian War.8 Under French occupation the Coutume de Paris

Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century

Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century

Law and Locomotives, the Impact of the Railroad on Wisconsin Law in the Nineteenth Century. By Robert S. Hunt. Madison, The State Historical Society of Wisconsin, 1958. Pp. xiv + 292. $6.50.

Law and Locomotives, the Impact of the Railroad on Wisconsin Law in the Nineteenth Century. By Robert S. Hunt. Madison, The State Historical Society of Wisconsin, 1958. Pp. xiv + 292. $6.50. - Volume 34 Issue 2

Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century.

Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century.

Law and Locomotives, the Impact of the Railroad on Wisconsin Law in the Nineteenth Century

Law and Locomotives, the Impact of the Railroad on Wisconsin Law in the Nineteenth Century

Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century. By Robert S. Hunt. Madison: The State Historical Society of Wisconsin, 1958. Pp. xiv, 292. $6.50.

Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century. By Robert S. Hunt. Madison: The State Historical Society of Wisconsin, 1958. Pp. xiv, 292. $6.50.

Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century

Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century

Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century

Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century

Farm Law in Wisconsin

Farm Law in Wisconsin

Farm Law in Wisconsin

Farm Law in Wisconsin

Unemployment Compensation in Wisconsin

that there is no national unemployment compensation system, the laws of the various states differing from one another in various ways and being conceived on no common basic pattern.' Analysis of the general effect of these laws would therefore require an examination state by state. It is possible, however, to study a typical system in order to see how it has worked and how it might be made to function better. Such a system is found in Wisconsin, whose law antedates the federal law by three years. The Wisconsin law is, moreover, fairly representative because its principle of merit ating and individual reserve accounts has been followed in most other states (with the notable exception of New York), though the conclusions presented here should not be applied to other state systems without further verification in each instance. Various theories have been adduced

Commentaries on the Wisconsin Law of Probation

Commentaries on the Wisconsin Law of Probation