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Recent Books, Michigan Law Review Dec 1990

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by the Michigan Law Review


Controlling Discretion By Administrative Regulations: The Use, Misuse, And The Nonuse Of Police Rules And Policies In Fourth Amendment Adjudication, Wayne R. Lafave Dec 1990

Controlling Discretion By Administrative Regulations: The Use, Misuse, And The Nonuse Of Police Rules And Policies In Fourth Amendment Adjudication, Wayne R. Lafave

Michigan Law Review

In assaying fourth amendment jurisprudence, it is useful to take into account available knowledge regarding the actual search and seizure practices of the police. Especially helpful is the perspective afforded by the American Bar Foundation's Survey of the Administration of Criminal Justice in the United States, which ranks as the preeminent empirical study of law enforcement procedures in this country. Despite the fact - or, more likely, because of the fact that the ABF Survey was published over twenty years ago, certain insights from that study highlight some recent and significant changes in this corpus juris inconstans .

Clearly "the …


Periodical Index, Michigan Law Review Dec 1990

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews


Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks Dec 1990

Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks

Michigan Law Review

Given this vast literature on the good faith exception, little room appears to exist for additional commentary on the propriety of the decision, its theoretical weaknesses or strengths, or what further changes in constitutional criminal procedure it forebodes. This Note will not add to the many voices complaining of the Court's misconstrual of the grounding of the exclusionary rule, nor of its crabbed notion of deterrence. Instead, it accepts, arguendo, the propriety of the exception and its underlying purpose, and then examines the six-year experience with the revised rule. The proliferation of reported applications of the good faith exception …


Recent Books, Michigan Law Review Jun 1990

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Pure Politics, Girardeau A. Spann Jun 1990

Pure Politics, Girardeau A. Spann

Michigan Law Review

Part I of this article considers the impact that judicial discretion has on the traditional model of judicial review, and that model's reliance on the Supreme Court as the primary guardian of minority interests. Part II argues that the interests of racial minorities can be better advanced through the ordinary political process than through the process of Supreme Court adjudication. Part Ill emphasizes that minority participation in Supreme Court proceedings cannot ultimately be avoided and, accordingly, suggests a political model of the Court that minorities can use in an effort to neutralize the Court's distortion of the political process. Part …


Periodical Index, Michigan Law Review Jun 1990

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews


Lawyer's Justice, William A. Edmundson May 1990

Lawyer's Justice, William A. Edmundson

Michigan Law Review

A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman


The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers May 1990

The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers

Michigan Law Review

A Review of Accusations of Child Sexual Abuse by Hollida Wakefield and Ralph Underwager., The Battle and the Backlash: The Child Sexual Abuse War by David Hechler., On Trial: America's Courts and Their Treatment of Sexually Abused Children by Billie Wright Dziech and Chales B. Schudson.


Defending Women, Susan Estrich May 1990

Defending Women, Susan Estrich

Michigan Law Review

A Review of Justifiable Homicide: Battered Women, Self-Defense and The Law by Cynthia Gillespie


Justice, Gender And The Family, Christine A. Pagac May 1990

Justice, Gender And The Family, Christine A. Pagac

Michigan Law Review

A Review of Justice, Gender and the Family by Susan Moller Okin


The Ethics Of The "Unprofessional Profession", Gerald Caplan May 1990

The Ethics Of The "Unprofessional Profession", Gerald Caplan

Michigan Law Review

A Review of Character and Cops: Ethics in Policing by Edwin J. Delattre


A Prior Restraint By Any Other Name: The Judicial Response To Media Challenges Of Gag Orders Directed At Trial Participants, René L. Todd Apr 1990

A Prior Restraint By Any Other Name: The Judicial Response To Media Challenges Of Gag Orders Directed At Trial Participants, René L. Todd

Michigan Law Review

Gag orders directed at trial participants do not directly intrude into the media's editorial process, but instead result in a reduction of the total communication available regarding trial proceedings. In this way, participant-directed gag orders are effective, albeit indirect, restraints upon the media. This Note examines the dynamics of these participant-directed restrictions and their consequent effect upon the media. Part I examines participant-directed gag orders in relation to traditional prior restraint doctrine. After discussing the history of prior restraint doctrine and the present standard of prior restraint analysis, Part I relates efforts by courts to apply. prior restraint doctrine to …