Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
University of Michigan Journal of Law Reform
A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …
Toward A Liberal Application Of The "Close Of All The Evidence" Requirement Of Rule 50(B) Of The Federal Rules Of Civil Procedure: Embracing Fairness Over Formalism, Rollin A. Ransom
Michigan Law Review
This Note examines the language and purposes of rule 50 to determine if and when a relaxed application of its requirements is appropriate. Part I considers the terms and goal of the rule and concludes that its purpose is to put the party opposing the motion for judgment as a matter of law on notice of the movant's assertion that the evidence is insufficient as a matter of law, and to provide the opposing party an opportunity to "cure." Part II discusses courts' varying application of the requirement that a motion for judgment as a matter of law made at …
Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter
Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter
Michigan Law Review
Petitioner was convicted in the Police Court of Louisville, Kentucky, of two offenses. After seeing petitioner "dancing by himself" on the dance floor, the police charged him with loitering; when he became argumentative about this arrest, he was also charged with disorderly conduct. Although he protested that he had come into the restaurant where he was arrested to "wait on a bus" and have a meal, he was nevertheless taken into custody. At the trial the arresting officer testified that the manager had told him that petitioner had been there "a little over a half hour and that he had …