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Cameras In The Courtroom: Guidelines For State Criminal Trials, Nancy T. Gardner

Michigan Law Review

This Note analyzes the conflicting interests involved in televising state criminal trials and proposes a model set of guidelines for consideration by states that decide to permit electronic media in their courtrooms. The Note favors restrictions on broadcasters once in the courtroom and advocates that the defendant's right to a fair trial receive more scrupulous protection than the broadcast media's interest in attendance and the public's "right to know." Part I presents the constitutional principles with which any set of guidelines must comply. Part II analyzes the policy considerations that should guide the formulation of state guidelines, and concludes that …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Vol. 34, No. 10, November 13, 1985, University Of Michigan Law School

Res Gestae

•Firms Answer Summer Associate Survey •Visitors Blend Law & Marriage •Alternative Careers Pursued By Law Students •Senate Joins Food Drive •Examining Exams •America Should Abandon NATO •American Bar Association Wants New Law Student Participants •Nafranowicz Writes of Nefarious Nectar •Vandalism Strikes •Condemning Attack on Society Barrister-Senator Writes Letter •Brumm Sums Up TV's Equalizer •Crossword •Blue Water, Pink Death: Rogue Salmon •Grease Graces Krazy Jim's Hamburger Stand •Dudley, Stevens and What The Bird Saw •Law in the Raw

An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth

Michigan Law Review

This Note attempts to resolve the arguments presented in the literature and the case law and determine whether the federal Constitution mandates a right to treatment for involuntarily incarcerated juveniles. Part I examines the varied situations that have given rise to right to treatment claims. Part II elucidates the three principal theories on which right to treatment claims have been based: (1) that because the purpose of incarcerating juveniles is to promote their welfare, rehabilitation is mandated by the due process requirement that the nature of the commitment "bear some reasonable relation to the purpose for which the individual is …

Periodical Index, Michigan Law Review

Michigan Law Review

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

Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck

University of Michigan Journal of Law Reform

Part I of this Note explains the history of the law's response to Bad Samaritanism. Part II discusses the benefits of enacting a duty to notify. Part III responds to various objections that might be raised against the duty to notify. And Part IV offers a model statute for legislatures to follow in enacting the duty to notify.

Periodical Index, Michigan Law Review

Michigan Law Review

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

I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf

Michigan Law Review

This Note examines the question of what standard should be used for granting a new trial when a defendant's conviction is alleged to have been based, at least in part, on false testimony. Part I demonstrates the failure of the existing standards to strike a satisfactory balance between defendants' rights and the efficient administration of the criminal justice system. Part II argues that motions for retrial based upon false testimony should be governed by a standard drawn not only from newly discovered evidence cases generally, but also from cases involving prosecutorial misconduct. Finally, Part III suggests that the proper test …

Counsel's Control Over Defense Strategy, Jerold H. Israel

Law Quadrangle (formerly Law Quad Notes)

editor's note: The article that follows is a condensation of a section of Criminal Procedure, a hornbook co-authored by Professor Israel and Wayne R. Lafave, and published by West Publishing Co. in 1985. That hornbook, in turn, is a condensation of the authors' three-volume treatise by the same title.

Prior to Faretta, a long line of cases had held that defense counsel had the authority to make various defense decisions on his own initiative. These decisions, commonly characterized as relating to matters of "strategy" or "tactics," were said to be within the "exclusive province" of the lawyer. Counsel had no …

Two Models Of The Fourth Amendment, Craig M. Bradley

Michigan Law Review

Fourth amendment critics rank in rows, and it has been repeatedly pointed out that individual cases are inconsistent with each other or that whole chunks of doctrine, such as the automobile exception or the plain view exception, are either misconceived, too broad, or too narrow. But these critics all play the Court on its own field, simply arguing as tenth Justices that the doctrines should be tinkered with in different ways than the Court has done. This Article, in contrast, suggests that current fourth amendment law, complete with the constant tinkering which it necessarily entails, should be abandoned altogether. Instead, …

Forcing Attorneys To Represent Indigent Civil Litigants: The Problems And Some Proposals, Greg Stevens

University of Michigan Journal of Law Reform

This Note argues that uncompensated court appointments represent an unsatisfactory means to provide counsel for indigents. Part I discusses the policy arguments for and against forced, uncompensated court appointments. Part I concludes that the arguments against these appointments outweigh the arguments in favor of them. Part II argues that they violate the Constitution's prohibitions against uncompensated takings and involuntary servitude. Part III offers a proposal that would provide effective representation for indigent civil litigants, while avoiding infringement of attorneys' constitutional rights.

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

On The Threshold Of Wainwright V Sykes: Federal Habeas Court Scrutiny Of State Procedural Rules And Rulings, Michigan Law Review

Michigan Law Review

This Note examines specific problems which stand on the threshold of Wainwright v. Sykes. Resolution of these problems is necessary to determine whether a state ruling is based upon an adequate state procedural ground, requiring application of the cause-and-prejudice test before habeas review will be permitted. Part I analyzes the rationale for the rule of Wainwright v. Sykes as well as its historical underpinnings. Part II examines the treatment of state court decisions that are based both on a defaulted claim and, in the alternative, on the merits of that claim. This Part concludes that decisions containing such alternative …

Periodical Index, Michigan Law Review

Michigan Law Review

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

Capital Punishment: For Or Against, Jan Gorecki

Michigan Law Review

A Review of The Death Penalty -- A Debate by Ernest van den Haag and John Conrad

Policymaking And Politics In The Federal District Courts, Michigan Law Review

Michigan Law Review

A Review of Policymaking and Politics in the Federal District Courts by Robert A. Carp and C.K. Rowland

Our Endangered Rights: The Aclu Report On Civil Liberties Today, Michigan Law Review

Michigan Law Review

A Review of Our Endangered Rights: The ACLU Report on Civil Liberties Today by Norman Dorsen

Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review

Michigan Law Review

A Review of Just and Painful: A Case for the Corporal Punishment of Criminals by Graeme Newman

A Rational Approach To Responsibility, Christopher Slobogin

Michigan Law Review

A Review of Law and Psychiatry: Rethinking the Relationship by Michael S. Moore

News Of Crime: Courts And Press In Conflict, Michigan Law Review

Michigan Law Review

A Review of News of Crime: Courts and Press in Conflict by J. Edward Gerald

Understanding The Jury With The Help Of Social Science, Stephen Saltzburg

Michigan Law Review

A Review of Inside the Jury by Reid Hastie, Steven Penrod and Nancy Pennington

"How Can You Defend Those People?" The Making Of A Criminal Lawyer, Michigan Law Review

Michigan Law Review

A Review of "How Can You Defend Those People?" The Making of a Criminal Lawyer by James S. Kunen

Some Enlightenment On Crime, Shirley S. Abrahamson

Michigan Law Review

A Review of Encyclopedia of Crime and Justice Edited by Sanford H. Kadish

(Almost) Everything You Wanted To Know About Criminal Procedure, Charles F.C. Ruff

Michigan Law Review

A Review of Criminal Procedure by Wayne R. LaFave and Jerold H. Israel

Abscam And The Constitution, Louis Michael Seidman

Michigan Law Review

A Review of ABSCAM Ethics: Moral Issues and Deception in Law Enforcement by Gerald M. Caplan

Born To Crime: The Genetic Causes Of Criminal Behavior, Michigan Law Review

Michigan Law Review

A Review of Born to Crime: The Genetic Causes of Criminal Behavior by Lawrence Taylor

Why Would Law Students Benefit From Studying Economics?, Michelle J. White

University of Michigan Journal of Law Reform

Why would law students benefit from studying economics? Three reasons come to mind. First, knowing some economics should enable students to understand more fully the issues encountered in a variety of areas of the law. Second, in a variety of areas of the law, economic analysis constitutes a central component of the legal arguments made in prosecuting and defending the case. Third, many law students will become involved in policy-making, whether because they end up working in the executive branch of government or because they become legislators, lobbyists, or legislative staff.

In the following sections, I treat each of the …

Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green

Books

This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …

The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown

University of Michigan Journal of Law Reform

The intellectual history of the University of Michigan Law School is recorded in the titles of contributions to legal literature published from its organization in October 1859 to the present. These writings demonstrate a continued commitment to legal scholarship and illustrate both the changing patterns in the subjects chosen for research and writing, and the methods utilized for treatment of the subjects.

A Proposal For Extension Of The Occupational Safety And Health Act To Indian-Owned Businesses On Reservations, Maureen M. Crough

University of Michigan Journal of Law Reform

This Note argues that the Act does not apply to Indian businesses because it does not specifically mention them. While sensitive to the desirability of providing certain kinds of federal protections to all Americans, this Note takes the position that the sovereignty of Indian tribes should not be abrogable except by considered and express congressional action. Concluding nonetheless that the workplace protection the Occupational Safety and Health Act provides should be extended to Indians on reservations, the Note proposes amendment of the Act: to extend its protection; to permit tribal enforcement; and to authorize the federal government to help financially …