Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (31)
- Criminal Law (8)
- Supreme Court of the United States (7)
- Criminal Procedure (6)
- Legal Education (6)
-
- Rule of Law (6)
- Constitutional Law (5)
- Law and Race (5)
- Civil Rights and Discrimination (4)
- Courts (4)
- Evidence (4)
- International Law (4)
- Comparative and Foreign Law (3)
- Fourth Amendment (3)
- Human Rights Law (3)
- Law Enforcement and Corrections (3)
- Legal Writing and Research (3)
- Jurisprudence (2)
- Legal History (2)
- Military, War, and Peace (2)
- Public Law and Legal Theory (2)
- Dispute Resolution and Arbitration (1)
- Education Law (1)
- Entertainment, Arts, and Sports Law (1)
- International Relations (1)
- Jurisdiction (1)
- Juvenile Law (1)
- Law and Psychology (1)
- Law and Society (1)
- National Security Law (1)
- Keyword
-
- University of Michigan Law School (6)
- Minorities (4)
- Police (4)
- Tribunals (4)
- Confrontation Clause (3)
-
- Law professors (3)
- Law schools (3)
- Law students (3)
- Race and law (3)
- Searches (3)
- Sixth Amendment (3)
- Testimony (3)
- Witnesses (3)
- Children (2)
- China (2)
- Consent (2)
- Consequentialism (2)
- Crimes (2)
- Cross-examination (2)
- Curriculum (2)
- Discrimination (2)
- Drugs (2)
- Emotionalism (2)
- Equal Protection Clause (2)
- Events (2)
- Hearsay (2)
- History (2)
- International Criminal Court (2)
- International criminal law (2)
- Legal institutions (2)
- Publication
- Publication Type
Articles 1 - 30 of 33
Full-Text Articles in Entire DC Network
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes
Michigan Law Review
Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today . . . the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that. " Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It …
Reply: Criminal Law's Pathology, William J. Stuntz
Reply: Criminal Law's Pathology, William J. Stuntz
Michigan Law Review
I thank Kyron Huigens for devoting his time and his considerable talent to responding to my article, The Pathological Politics of Criminal Law. I also thank editors of the Michigan Law Review for giving me the opportunity to reply. It is best to begin by defining the contested territory. Huigens and I agree (I think) on three propositions. First, American criminal law, both federal and state, is very broad; it covers a great deal more conduct than most people would expect. Second, American criminal law is very deep: that which it criminalizes, it criminalizes repeatedly, so that a single …
What Is And Is Not Pathological In Criminal Law, Kyron Huigens
What Is And Is Not Pathological In Criminal Law, Kyron Huigens
Michigan Law Review
In a recent article in this law review, William J. Stuntz argues that criminal law in the United States suffers from a political pathology. The incentives of legislators are such that the notorious overcriminalization of American society is deep as well as broad. That is, not only are remote corners of life subject to criminal penalties - such things as tearing tags off mattresses and overworking animals - but now crimes are defined with the express design of easing the way to conviction. Is proof of a tangible harm an obstacle to using wire and mail fraud statutes to prosecute …
2002 Fall Class Schedule, University Of Michigan Law School
2002 Fall Class Schedule, University Of Michigan Law School
Class Schedules
Class schedule for the 2002 Fall semester at the University of Michigan Law School
Legal Orientalism, Teemu Ruskola
Legal Orientalism, Teemu Ruskola
Michigan Law Review
Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …
Vol. 53, No. 2, September 24, 2002, University Of Michigan Law School
Vol. 53, No. 2, September 24, 2002, University Of Michigan Law School
Res Gestae
•A Welcome Note from the Editor •Posturing Policy Problem •E.O. Squish •Students Met with New Policies •Defending a WTC Bomber •Larry Thompson Speaks on DOJ •Patrick Ewing: Ode to a Man Maligned •Just a Drunken Idiot •I Hate My Cell Phone •CD Review: So Much Shouting/ So Much Laughter •Crossword
Reflections (On Law Review, Legal Education, Law Practice, And My Alma Mater), Harry T. Edwards
Reflections (On Law Review, Legal Education, Law Practice, And My Alma Mater), Harry T. Edwards
Michigan Law Review
It is an honor for me to offer some reflections in commemoration of the 100th anniversary of the Michigan Law Review. I have many fond memories of my time at the University of Michigan Law School, both as a law student and a member of the faculty. I was therefore pleased to accept the assignment to present the keynote address at the Centennial Celebration banquet. It is hard for me to believe that it has been almost 40 years since I was invited to serve on the Michigan Law Review. I remember it like it was yesterday, for it was …
Briefs, University Of Michigan Law School
Briefs, University Of Michigan Law School
Law Quadrangle (formerly Law Quad Notes)
Marriage: eternally changing?; And the verdict is; From 'dynamo' to 'guardian in the European Community.
Russian Compliance With Articles Five And Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform And Human Rights In Russia, Jeffrey Kahn
University of Michigan Journal of Law Reform
This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …
The Legal Context And Contributions Of Dostoevsky's Crime And Punishment, William Burnham
The Legal Context And Contributions Of Dostoevsky's Crime And Punishment, William Burnham
Michigan Law Review
Dostoevsky's Crime and Punishment is of more than average interest to lawyers. The title perhaps says it all in terms of content. The chief protagonist, the murderer Raskolnikov, is a law student on a break from his studies. And the pursuer of the murderer is a lawyer, an examining magistrate. But the more subtle and more important legal aspects of Crime and Punishment concern the time period in Russian legal history in which the novel was written and is set. The 1860s in Russia were a time of tremendous legal change. Among other things, an 1861 decree emancipated the serfs …
Casting New Light On An Old Subject: Death Penalty Abolitionism For A New Millennium, Wayne A. Logan
Casting New Light On An Old Subject: Death Penalty Abolitionism For A New Millennium, Wayne A. Logan
Michigan Law Review
For opponents of capital punishment, these would appear promising times. Not since 1972, when the Supreme Court invalidated the death penalty as then administered, has there been such palpable concern over its use, reflected in the lowest levels of public opinion support evidenced in some time. This concern is mirrored in the American Bar Association's recently recommended moratorium on use of the death penalty, the consideration of or actual imposition of moratoria in several states, and even increasing doubts voiced by high-profile political conservatives. An array of troubling empirical realities has accompanied this shift: persistent evidence of racial bias in …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
(E)Racing The Fourth Amendment, Devon W. Carbado
(E)Racing The Fourth Amendment, Devon W. Carbado
Michigan Law Review
It's been almost two years since I pledged allegiance to the United States of America - that is to say, became an American citizen. Before that, I was a permanent resident of America and a citizen of the United Kingdom. Yet, I became a black American long before I acquired American citizenship. Unlike citizenship, black racial naturalization was always available to me, even as I tried to make myself unavailable for that particular Americanization process. Given the negative images of black Americans on 1970s British television and the intra-racial tensions between blacks in the U.K. and blacks in America, I …
Vol. 52, No. 7, January 29, 2002, University Of Michigan Law School
Vol. 52, No. 7, January 29, 2002, University Of Michigan Law School
Res Gestae
•"K's and MLK": Martin Luther King and Contract Law •The Wailing Wall •The Case for Tribunals •The Rant •Who Killed Buddy Clinton? •When Your Favorite Shows Suck •The Insider •Crossword •Moderately Priced Restaurants in Ann Arbor
Breaking Into The Academy: The 2002-2004 Michigan Journal Of Race & Law Guide For Aspiring Law Professors, Gabriel J. Chin, Denise C. Morgan
Breaking Into The Academy: The 2002-2004 Michigan Journal Of Race & Law Guide For Aspiring Law Professors, Gabriel J. Chin, Denise C. Morgan
Michigan Journal of Race and Law
Guidance for individuals interested in becoming law professors.
The Principle Of Complementarity: A New Machinery To Implement International Criminal Law, Mohamed M. El Zeidy
The Principle Of Complementarity: A New Machinery To Implement International Criminal Law, Mohamed M. El Zeidy
Michigan Journal of International Law
According to the doctrine of State sovereignty each State has the right to exercise its jurisdiction over crimes committed in its territory-known as the territoriality principle. Even if the crimes committed are of a type that affects the international community as a whole, States are often hesitant to have their own nationals tried by an international judicial organ. History demonstrates that States rarely waived this right, which is inherent to their sovereignties, and did not rely exclusively on international justice. Rather they always preferred to exercise their jurisdiction exclusively, and only occasionally, when coerced by special circumstances, have they accepted …
Faculty Scholarship 1999-2002, University Of Michigan Law School
Faculty Scholarship 1999-2002, University Of Michigan Law School
Miscellaneous Law School History & Publications
A listing of all the published works of University of Michigan Law School faculty.
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
Michigan Journal of International Law
This Article argues that, for political reasons, the future of international criminal law enforcement will largely be at the domestic level. It anticipates the emergence of a community of courts-domestic, semi-internationalized, and supranational. A decentralized system of international criminal law enforcement may give pause for concern: How can such a system be regulated? How can uniformity and effectiveness be assured? It is the claim of this Article that, in a world in which information is power, the relationships between these courts-the exchange of information, ideas, and personnel-brings order and regularity to the system. These interdependent relationships are defined by the …
Let One Hundered Flowers Bloom, One Hundred Schools Contend: Debating Rule Of Law In China, Randall Peerenboom
Let One Hundered Flowers Bloom, One Hundred Schools Contend: Debating Rule Of Law In China, Randall Peerenboom
Michigan Journal of International Law
The Article proceeds in three stages. Part I provides a brief overview of thin versions of rule of law and their relation to thick theories. Part II then takes up the four thick versions of rule of law. Part III addresses a number of thorny theoretical issues that apply to rule of law theories generally and more specifically to the applicability of rule of law to China. For instance, can the minimal conditions for rule of law be sufficiently specified to be useful? Should China's legal system at this point be described as rule by law, as in transition to …
Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust
Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust
Michigan Journal of International Law
While the article Antiterrorism Military Commissions: Courting Illegality was set for publication, the Department of Defense formally issued its first set of Procedures for Trials by Military Commission of Certain Non-United States Citizens in the War Against Terrorism. The President's November 13th Military Order had set up several per se violations of international law. Instead of attempting to avoid them, the DOD Order of March 21, 2002 continued the violations, set up additional violations of international law, and created various rules of procedure and evidence that, if not per se violative of international law, are highly problematic. This is a …
Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak
Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak
Michigan Journal of International Law
This Note seeks to explore the origins, scope, and key possibilities of an evolving right to the truth. It will argue that truth is not only an essential component of the universally recognized "right to an effective remedy," but that it also serves as the gateway to a broader reparative framework necessary for victims of gross human rights abuse. The analysis shall span the Inter-American, European, and United Nations systems of human rights protection, and also will treat the burgeoning idea of the truth commission, a very prominent means of extra-judicial inquiry in contemporary transitional societies. At the conclusion, the …
Racial Profiling Under Attack, Samuel R. Gross, D. Livingston
Racial Profiling Under Attack, Samuel R. Gross, D. Livingston
Articles
The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames
Articles
Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today... the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that."4 Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It never has been con-doned …
The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman
The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman
Articles
The adjudication of child abuse claims poses an excruciatingly difficult conundrum. The crime is a terrible one, but false convictions are abhorrent. Often the evidence does not support a finding of guilt or innocence with sufficient clarity to allow a decision free of gnawing doubt. In many cases, a large part of the problem is that the prosecution's case depends critically on the statement or testimony of a young child. Even with respect to adult witnesses, the law of hearsay and confrontation is very perplexing, as anyone who has studied American evidentiary law and read Supreme Court opinions on the …
The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar
The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar
Articles
After browsing through many volumes of the Michigan Law Review, searching for the article I would discuss on the occasion of the law review's 100th anniversary, I wound up with two "finalists": a 1955 article by Professor John Barker Waite on the law of arrest search and seizure (on further reflection, four Michigan Law Review commentaries on the general subject written by Waite between 1933 and 1955)' and a monumental 200-page article (surely one of the longest articles ever to appear in the Michigan Law Review) by Thomas Davies on the "original Fourth Amendment. 2
The Children Left Behind: How Zero Tolerance Impacts Our Most Vulnerable Youth, Ruth Zweifler, Julia De Beers
The Children Left Behind: How Zero Tolerance Impacts Our Most Vulnerable Youth, Ruth Zweifler, Julia De Beers
Michigan Journal of Race and Law
The Michigan Journal of Race & Law Symposium, February 8th and 9th, 2002, at the University of Michigan examined the issue: Separate but Unequal: The Status of America's Public Schools. In the past, children of color were expressly denied an equal education on the basis of their race. Today's policies deny many children of color access to educational programs and supports, for reasons that are neutral on their face, with devastating consequences to the students, their families and their communities. The following article explores the concerns and experiences of a public service agency with the growing application of "Zero Tolerance" …
Alternatives To Economic Sanctions, Christine M. Chinkin
Alternatives To Economic Sanctions, Christine M. Chinkin
Book Chapters
Considering the merits of non-coercive alternatives to economic sanctions inevitably risks the charges of idealism and naIvete. However a number of speakers in this conference have raised considerable doubts about the efficacy of sanctions: even on their own terms sanctions rarely work and the material costs to non-targeted states and the implications for human rights make their justification problematic, even when they can in some sense be said to have worked. It therefore makes sense at least to give consideration to some non- coercive alternatives, either in conjunction with sanctioning policies or separate from them. The other alternative is the …
"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Don Herzog
Reviews
Ronald Dworkin's' latest might well seem sharply discontinuous with his other work. The formal theoretical apparatus that kicks off the book is a forbiddingly abstract - some will say arcane - hypothetical auction, coupled with a hypothetical insurance market. There is simply nothing like it in Taking Rights Seriously, or A Matter of Principle, or Law's Empire, or Life's Dominion, or Freedom's Law. Then again, Dworkin first published the key papers on the auction some twenty years. ago and has never flagged, as far as I know, in his commitment to the basic project.2 Theorists have been waiting for the …
Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony, Richard D. Friedman
Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony, Richard D. Friedman
Articles
Recently, the Supreme Court declined to pass on to Congress a proposed change to Federal Rule of Criminal Procedure 26 submitted to it by the Judicial Conference. In this Article, Professor Friedman addresses this proposal, which would allow for more extensive use of remote, video-based testimony at criminal trials. He agrees with the majority of the Court that the proposal raised serious problems under the Confrontation Clause. He also argues that a revised proposal, in addition to better protecting the confrontation rights of defendants, should include more definite quality standards, abandon its reliance on the definition of unavailability found in …