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Articles 1 - 9 of 9
Full-Text Articles in Law
Cameras In The Courtroom: Guidelines For State Criminal Trials, Nancy T. Gardner
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 …
The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff
The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff
Michigan Law Review
This Note argues that statutory copyright damages are properly regarded as equitable and hence that no right to a jury trial exists in cases brought to recover such damages. More generally, the Note maintains that the seventh amendment's distinction between equitable and legal causes of action has produced irrational consequences, and proposes that "legal" issues be defined narrowly so as to limit the scope of the seventh amendment. Part I analyzes the debate over statutory copyright damages, concluding that historical and statutory construction arguments require these damages to be construed as legal. Part II examines some of the problems that …
Motions For Appointment Of Counsel And The Collateral Order Doctrine, Michigan Law Review
Motions For Appointment Of Counsel And The Collateral Order Doctrine, Michigan Law Review
Michigan Law Review
This Note argues that denials of motions for appointment of counsel should be immediately appealable under the collateral order exception to 28 U.S.C. § 1291. Part I examines the extent to which the collateral order doctrine modifies the finality rule. It argues that recent Supreme Court decisions that at first appear to have narrowed the doctrine have in fact only restated it. Part II applies the collateral order doctrine to orders denying appointment of counsel, concluding that such denials qualify for immediate review. Part III argues that policy considerations support this conclusion.
On The Threshold Of Wainwright V Sykes: Federal Habeas Court Scrutiny Of State Procedural Rules And Rulings, 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 …
Policymaking And Politics In The Federal District Courts, Michigan Law Review
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
Measuring The Costs Of Civil Justice, Edward Brunet
Measuring The Costs Of Civil Justice, Edward Brunet
Michigan Law Review
A Review of Costs of the Civil Justice System: Court Expenditures for Various Types of Civil Cases by J.S. Kakalik and R.L. Ross
News Of Crime: Courts And Press In Conflict, Michigan Law Review
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
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
Money And Justice: Who Owns The Courts?, Michigan Law Review
Money And Justice: Who Owns The Courts?, Michigan Law Review
Michigan Law Review
A Review of Money and Justice: Who Owns the Courts? by Lois G. Forer