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Articles 1 - 19 of 19
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The Forgotten Constitutional Right To Present A Defense And Its Impact On The Acceptance Of Responsibility-Entrapment Debate, Katrice L. Bridges
The Forgotten Constitutional Right To Present A Defense And Its Impact On The Acceptance Of Responsibility-Entrapment Debate, Katrice L. Bridges
Michigan Law Review
This Note argues that Section 3El.1 of the Federal Sentencing Guidelines must be interpreted to allow defendants who claim entrapment at trial to remain eligible for the acceptance-of-responsibility adjustment. To interpret Section 3El.1 in any other way would run afoul of defendants' constitutional right to present a defense. Part I argues that the entrapment defense does not put factual guilt at issue; instead the entrapment defense challenges whether the statute should apply to the defendant's conduct. Part II contends that the legislative intent in creating the sentencing guidelines in general and the acceptance-of-responsibility adjustment in particular are furthered by requiring …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recently received by the Michigan Law Review.
Pleas' Progress, Stephanos Bibas
Pleas' Progress, Stephanos Bibas
Michigan Law Review
George Fisher's new book, Plea Bargaining's Triumph, is really three books in one. The first part is a careful, detailed explanation of how and why plea bargaining exploded in Middlesex County, Massachusetts in the nineteenth century. This part is the fruit of an impressive amount of original research in Massachusetts court records and newspaper archives. The second part of the book looks more broadly at other academic histories of plea bargaining in England, California, and New York. It explains how the forces that produced plea bargaining in Middlesex County likewise contributed to plea bargaining's rise elsewhere. The final part …
Justice In The Time Of Terror, Sharon L. Davies
Justice In The Time Of Terror, Sharon L. Davies
Michigan Law Review
On my drive into work recently I found myself behind a Ford pickup truck and noticed its bumper sticker: "When the going gets tough, I get a machine gun." Not a doctor. Not a counselor or mediator. Not a shelter for cover. Not the wisdom of a favored advisor or a proven friend. But a machine gun. How odd, I thought, to prefer a weapon incapable of identifying with any precision, any careful thought, where the enemy of the wielder of it might actually be hidden. A weapon as apt to injure non-targets as targets. A weapon mindless of its …
The Media At The Tip Of The Spear, Kevin A. Smith
The Media At The Tip Of The Spear, Kevin A. Smith
Michigan Law Review
Due largely to the first widespread availability of the telegraph, through which breaking stories could be transmitted to the presses in moments, the debut of the American war correspondent occurred during the Civil War. From their beginning, American war correspondents have frequently "embedded" with the troops on whom they reported. General Grant, for example, allowed his favorite New York Herald reporter to travel with his entourage, and even used him as a personal messenger. Reporters proved an important component of the war effort for both the North and the South. Papers on both sides proved willing providers of propaganda to …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson
Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson
Michigan Law Review
According to the Supreme Court, the Federal Constitution limits not only the types of matters that federal courts can adjudicate, but also the parties who can bring those matters before them. In particular, the Court has held that private citizens who have suffered no concrete private injury lack standing to ask federal courts to redress diffuse harms to the public at large. When such harms are justiciable at all, the proper party plaintiff is the public itself, represented by an authorized officer of the government. Although the Court claims historical support for these ideas, academic critics insist that the law …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recently received by Michigan Law Review for review.
Stories About Miranda, George C. Thomas Iii
Stories About Miranda, George C. Thomas Iii
Michigan Law Review
It is no exaggeration to say that Yale Kamisar was present at the creation of Miranda v. Arizona. To be sure, the seeds of Miranda had been sown in earlier cases, particularly Escobedo v. Illinois, but Escobedo was a Sixth Amendment right to counsel case. Professor Kamisar first saw the potential for extending the theory of Escob edo to the Fifth Amendment right against compelled self-incrimination. Escob edo theorized that a healthy criminal justice system requires that the accused know their rights and are encouraged to exercise them. The Escobedo Court read history to teach that no system …
Yale Kamisar: Warrior Scholar, Francis A. Allen
Yale Kamisar: Warrior Scholar, Francis A. Allen
Michigan Law Review
My association with Yale Kamisar dates back to the 1950s. At that time I became aware of the interesting publications of a young faculty member at the University of Minnesota. The articles were well done, most of them dealing with the Supreme Court's notable expansion of constitutional doctrine relating to criminal procedure, then at full tide, a field in which I also was writing. In addition, Yale had published a remarkable article on the subject of euthanasia, impressive for the thoroughness of its research and the clarity and force of its argument. Fortunately, I decided to write to Yale and …
Publications By Professor Yale Kamisar, Michigan Law Review
Publications By Professor Yale Kamisar, Michigan Law Review
Michigan Law Review
A bibliography of publications by Yale Kamisar.
Books Received, Michigan Law Review
Tribute To Yale Kamisar, Ruth Bader Ginsburg
Tribute To Yale Kamisar, Ruth Bader Ginsburg
Michigan Law Review
When the editors of this issue told me of Professor Yale Kamisar's decision to retire from full-time teaching after a near half century of law faculty service, two thoughts came immediately to mind. First, I thought of the large loss to Michigan students unable to attend his classes and to faculty colleagues at Ann Arbor unable routinely to engage his bright mind. Second, I thought it altogether right for the Michigan Law Review to publish an issue honoring one of the Law School's most prized professors. When invited to write a tribute, I could not resist saying yes.
Professor Yale Kamisar: "Awesome", Harry T. Edwards
Professor Yale Kamisar: "Awesome", Harry T. Edwards
Michigan Law Review
Yale Kamisar arrived in Ann Arbor in the fall of 1965, just after I graduated from the University of Michigan Law School, so I never had him as a teacher. We were colleagues, however, for almost ten years during the 1970s when we were both members of the Michigan faculty. And we have remained good friends ever since. When the editors of the Michigan Law Review asked me if I would submit a "tribute" to Professor Kamisar commemorating his retirement from the faculty, I was happy to accept the invitation. Yale is one of my heroes in the academy - …
Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper
Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper
Michigan Law Review
Yale Kamisar was absent when I was first interviewed by a number of faculty members from the University of Minnesota Law School where he was then teaching. These sessions took place between Christmas and New Year's in 1959 (when I was a third-year student at Penn), at the annual meeting of the Association of American Law Schools, that year in St. Louis. Yale had planned to be there, I was told, but cancelled because he was behind schedule in completing an article. So while I didn't meet him on that occasion, I surely learned what would ring familiar many times …
"What Is A Kamisar?", Wayne R. Lafave
"What Is A Kamisar?", Wayne R. Lafave
Michigan Law Review
My good and old friend Yale Kamisar is said to be "retiring" after a remarkable life in academe spanning almost half a century. I deem it my extraordinary good fortune to have been able to count Yale as a friend for thirty-seven of those years (not that we were enemies the rest of the time), and to have been able to serve as a collaborator of his, working together in the vineyards of the law, for virtually the entirety of our acquaintance. And thus I am especially delighted to have this opportunity to offer up a "fair and balanced" appraisal …
Yale, Marc Spindelman
Yale, Marc Spindelman
Michigan Law Review
Yale does have, as Nancy King has said, a story for every occasion. Many of my favorites - and I definitely have my share - reflect Yale's gaudium certaminis: his "joy of battle" in Gerald Gunther's helpful translation. Some of Yale's battles I have only heard or read about. A few of the more memorable ones from over the years include Yale's confrontations with Glanville Williams, Fred Inbau, Joe Grano, John Kaplan, James Vorenberg, Robert Bork, Malcolm Wilkey, Edward Barrett, and Yale's former teacher Herbert Wechsler. And let's not forget the numerous law-enforcement officials Yale caught in his sights at …
Yale Kamisar: The Enemy Of Injustice, Welsh S. White
Yale Kamisar: The Enemy Of Injustice, Welsh S. White
Michigan Law Review
In the summer of 1978, Duke Law School hosted a conference in which a variety of speakers offered perspectives on Constitutional Criminal Procedure. One of the speakers argued that the Warren Court's criminal-procedure revolution created a backlash that ultimately made things worse for criminal defendants. In order to dramatize his point, he suggested, "Yale Kamisar is the enemy." When that speaker had finished, the Conference Moderator began his response by stating, "First of all, Yale Kamisar is not the enemy of anything, except injustice."
A Deadly Dilemma: Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
A Deadly Dilemma: Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
Michigan Law Review
A lawyer who represents a capital defendant with a strong innocence claim must allocate her resources between the separate guilt and penalty phases of the capital case. Expending resources in preparation for a penalty trial may result in less attention to securing the acquittal on the capital charge at the guilt trial that would make the penalty phase moot. But focusing primarily on proving the defendant's innocence at the guilt trial means less preparation in the case of a guilty verdict. Once a defendant is convicted of a capital offense, a lawyer must also make strategic decisions about the penalty …