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Articles 1 - 20 of 20
Full-Text Articles in Entire DC Network
Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler
Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler
Michigan Law Review
This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.
The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …
Francis A. Allen -- Selected Bibliography, Michigan Law Review
Francis A. Allen -- Selected Bibliography, Michigan Law Review
Michigan Law Review
A Selected Bibliography of Francis A. Allen's works.
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews
Francis A. Allen: Resolution Of The Board Of Regents Of The University Of Michigan, The Board Of Regents Of The University Of Michigan
Francis A. Allen: Resolution Of The Board Of Regents Of The University Of Michigan, The Board Of Regents Of The University Of Michigan
Michigan Law Review
Francis Allen has had a long and distinguished career, rich with service to his students, to the academic community, and to the nation. In grateful recognition of his many contributions while a member of the University faculty, the Regents salute this distinguished scholar and educator by naming him Edson R. Sunderland Professor of Law Emeritus.
E.F. Hutton Goes South, Franklin E. Zimring
E.F. Hutton Goes South, Franklin E. Zimring
Michigan Law Review
A tribute to Francis A. Allen
Francis A. Allen --An Appreciation, Sanford H. Kadish
Francis A. Allen --An Appreciation, Sanford H. Kadish
Michigan Law Review
A tribute to Francis A. Allen
Being Frank About The Fourth: On Allen's "Process Of 'Factualization' In The Search And Seizure Cases", Wayne R. Lafave
Being Frank About The Fourth: On Allen's "Process Of 'Factualization' In The Search And Seizure Cases", Wayne R. Lafave
Michigan Law Review
An invitation to participate in a special issue for such an inestimable personage as Francis Allen is itself a distinct honor - so much so, in fact, that refusal seems out of the question no matter what risks may attend this undertaking. The principal risk, as I see it, is that if one's contribution were to be assessed by a reader who, by virtue of this collection of essays, was also reflecting upon the writings of Allen, one is bound to come out the loser in any comparison. But I assume this risk, as substantial as it doubtless is in …
Dangerousness And Criminal Justice, Franklin E. Zimring, Gordon Hawkins
Dangerousness And Criminal Justice, Franklin E. Zimring, Gordon Hawkins
Michigan Law Review
The first section of this paper surveys some recent writings on the topic of dangerousness for major inconsistencies, which we regard as illuminating the special problem of dangerousness in the jurisprudence of criminal sentencing.
The second section describes the "special problem of dangerousness," for, we believe, the first time. The special problem is the fear that any admission of calculations of dangerousness into sentencing decisions will lead to an overuse of dangerousness, which may be worse than the inefficiencies and hypocrisies we confront when denying that future dangerousness is relevant to decisions about prisons.
The third section attempts to reorganize …
Change In The Availability Of Federal Habeas Corpus: Its Significance For State Prisoners And State Correctional Programs, Franklin J. Remington
Change In The Availability Of Federal Habeas Corpus: Its Significance For State Prisoners And State Correctional Programs, Franklin J. Remington
Michigan Law Review
Expressions of dissatisfaction with state prisoner use of federal writs of habeas corpus continue. Recently Attorney General Meese was reported as telling the Judicial Conference of the Seventh Circuit: "[M]ost of the writs filed today were frivolous 'recreational activities' [by inmates whom he referred to as 'lawyers in penitentiaries'] designed to harass federal authorities." Referring to the Reagan administration's proposal pending in the United States Senate to restrict habeas corpus, Mr. Meese said the bill "would preserve the great writ for appropriate cases."
Repeated, but as yet unsuccessful, efforts have been made in the Congress to narrow the scope of …
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews
Interlocutory Appeal Of Preindictment Suppression Motions Under Rule 41 ( E ), Clifford A. Godiner
Interlocutory Appeal Of Preindictment Suppression Motions Under Rule 41 ( E ), Clifford A. Godiner
Michigan Law Review
This Note argues that preindictment rulings denying 41(e) motions are not immediately appealable. Part I discusses decisions that mandate dismissal of such appeals for want of jurisdiction. Part II examines the policy rationales behind these precedents. Finally, Part III argues that an adequate remedy exists outside of rule 41(e), rendering immediate appellate review of rulings on 41(e) motions unnecessary.
Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West
Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West
Michigan Law Review
This Note attempts to define the boundaries of the indigent criminal defendant's constitutional right to expert assistance, in the light of Ake v. Oklahoma. Part I briefly reviews the Ake decision and examines its constitutional background. Part II inquires into Ake's implications for experts other than psychiatrists and in contexts other than the insanity defense, arguing that the principles that guided the Ake decision have validity well beyond the facts of that case. Part III asks whether the Ake doctrine should be limited to capital cases. Rejecting such a limitation, it concludes that the right to expert assistance …
Ambivalent Legacy: A Legal History Of The South, Lynda J. Oswald
Ambivalent Legacy: A Legal History Of The South, Lynda J. Oswald
Michigan Law Review
A Review of Ambivalent Legacy: A Legal History of the South edited by David J. Bodenhamer and James W. Ely, Jr.
Selling The Idea To Tell The Truth: The Professional Interrogator And Modern Confessions Law, Joseph D. Grano
Selling The Idea To Tell The Truth: The Professional Interrogator And Modern Confessions Law, Joseph D. Grano
Michigan Law Review
A Review of Criminal Interrogation and Confessions (3d edition) by Fred E. Inbau, John E. Reid, and Joseph P. Buckley
Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear
Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear
Michigan Law Review
A Review of Dangerous Offenders: The Elusive Target of Justice by Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
Michigan Law Review
A Review of A Capacity to Punish: The Ecology of Crime and Punishment by Henry N. Pontell
Injury And Exasperation: An Examination Of Harm To Others And Offense To Others, Andrew Von Hirsch
Injury And Exasperation: An Examination Of Harm To Others And Offense To Others, Andrew Von Hirsch
Michigan Law Review
A Review of Harm to Others by Joel Feinberg and a Review of Offense to Others by Joel Feinberg
In The Jungle Of Cities, Anthony Chase
In The Jungle Of Cities, Anthony Chase
Michigan Law Review
A Review of American Violence and Public Policy: An Update of the National Commission on the Causes and Prevention of Violence by Lynn A. Curtis and The Miami Riot of 1980: Crossing the Bounds by Bruce Porter and Marvin Dunn
Poisoning For Profit: The Mafia And Toxic Waste In America, Geoffrey Garver
Poisoning For Profit: The Mafia And Toxic Waste In America, Geoffrey Garver
Michigan Law Review
A Review of Poisoning for Profit: The Mafia and Toxic Waste in America by Alan A. Block and Frank R. Scarpitti
Can A Good Lawyer Be A Bad Person, Stephen Gillers
Can A Good Lawyer Be A Bad Person, Stephen Gillers
Michigan Law Review
A Review of The Good Lawyer: Lawyers' Roles and Lawyers' Ethics edited by David Luban and The Adversary System: A Description and Defense by Stephan Landsman