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Articles 1 - 9 of 9
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Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Michigan Law Review
So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly's answer is generally no, 113 and the MaHaRaL's is yes.
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
Michigan Law Review
This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …
Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J.
Abortion And The Law: A Problem Without A Solution?, Robert F. Drinan S.J.
Michigan Law Review
A Review of Abortion: The Clash of Absolutes by Laurence H. Tribe
Foreign Affairs Law And Democracy, Phillip R. Trimble
Foreign Affairs Law And Democracy, Phillip R. Trimble
Michigan Law Review
A Review of Constitutionalism, Democracy, and Foreign Affairs by Louis Henkin
Beyond The Constitution, Christopher J. Peters
Beyond The Constitution, Christopher J. Peters
Michigan Law Review
A Review of Beyond the Constitution by Hadley Arkes
Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke
Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke
Michigan Law Review
A Review of Moral Foundations of Constitutional Thought: Current Problems, Augustinian Prospects by Graham Walker
The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann
The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann
Michigan Law Review
A Review of The Law's Conscience: Equitable Constitutionalism in America by Peter Charles Hoffer
Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Charles A. Beineman
Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Charles A. Beineman
Michigan Law Review
A Review of Judicial Power and Reform Politics: The Anatomy of Lochner v. New York. By Paul Kens
Commentary By Co-Defendant's Counsel On Defendant's Refusal To Testify: A Violation Of The Privilege Against Self-Incrimination?, Martin D. Litt
Commentary By Co-Defendant's Counsel On Defendant's Refusal To Testify: A Violation Of The Privilege Against Self-Incrimination?, Martin D. Litt
Michigan Law Review
Currently, the circuits are divided on whether comments by co-defendants' counsel on a defendant's silence impair that defendant's fifth amendment rights. Furthermore, among the circuits that regard such commentary as potentially prejudicial, disagreement exists over the proper test for identifying such comments. This Note asserts that the risk of prejudicing a defendant's fifth amendment rights is too great to allow counsel any comment on a defendant's decision to testify or to remain silent.
Part I of this Note examines the historical evolution of the privilege against self-incrimination and the policy goals behind the privilege. The Note argues that prohibiting comments …