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Full-Text Articles in Law

Recognizing A Constitutional Right Of Media Access To Evidentiary Recordings In Criminal Trials, Teri G. Rasmussen Oct 1983

Recognizing A Constitutional Right Of Media Access To Evidentiary Recordings In Criminal Trials, Teri G. Rasmussen

University of Michigan Journal of Law Reform

This Note advocates recognition of a constitutional right of press access to evidentiary recordings in criminal trials. It proposes methods for accommodating the competing rights of the news media to have access to evidentiary recordings used in criminal trials and the right of criminal defendants to a fair trial. Part I examines the source of controversy and sets forth the limitations inherent in the current common law presumption of press access to judicial records. Part II disusses the underlying values that require recognition of the constitutional right and suggests that such a right can be accommodated with a defendant's right …


Cameras In The Courts: Can We Trust The Research?, Dan Slater, Valerie P. Hans Oct 1983

Cameras In The Courts: Can We Trust The Research?, Dan Slater, Valerie P. Hans

Cornell Law Faculty Publications

In several recent court cases, television viewers throughout the nation were able to see excerpts of actual trial testimony on network newscasts. These opportunities for camera coverage have come about as a result of the U.S. Supreme Court's 1981 decision in Chandler v. Florida. In that case the Court ruled that each state was free to determine whether to permit "extended media coverage," including camera coverage, in its courts, and to set appropriate guidelines for such coverage. Before adopting permanent rules for camera coverage, most states have conducted one year tests — which they have called "experiments" — during …


John Hinckley, Jr. And The Insanity Defense: The Public's Verdict, Valerie P. Hans, Dan Slater Jul 1983

John Hinckley, Jr. And The Insanity Defense: The Public's Verdict, Valerie P. Hans, Dan Slater

Cornell Law Faculty Publications

Public furor over the Not Guilty by Reason of Insanity verdict in the trial of John Hinckley, Jr. already has stimulated legal changes in the insanity defense. This study documents more systematically the dimensions of negative public opinion concerning the Hinckley verdict. A survey of Delaware residents shortly after the trial's conclusion indicated that the verdict was perceived as unfair, Hinckley was viewed as not insane, the psychiatrists' testimony at the trial was not trusted, and the vast majority thought that the insanity defense was a loophole. However, survey respondents were unable to define the legal test for insanity and …


The Common Law, Labor Law, And Reality: A Response To Professor Epstein, Thomas Kohler, Julius Getman Jun 1983

The Common Law, Labor Law, And Reality: A Response To Professor Epstein, Thomas Kohler, Julius Getman

Thomas C. Kohler

No abstract provided.


The Legalization Of American Society: Economic Regulation, Peter O. Steiner Apr 1983

The Legalization Of American Society: Economic Regulation, Peter O. Steiner

Michigan Law Review

My central thesis is that regulation may be insightfully classified into three broad types of response to perceived market failure, and I will merely touch examples of each. The first is protection of competitive results. I shall focus on natural monopoly regulation, although anti-trust would do as well. The second is protection from competitive results, such as entry control and setting of minimum prices. The third is regulation of externalities such as pollution and accidents arising as byproducts of more usual production.


The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard Mar 1983

The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard

Michigan Law Review

A Review of Crime and Modernization by Louise Shelley, and Readings in Comparative Criminology edited by Louise Shelley


How Consumer Remedies Fail, Bryant G. Garth Mar 1983

How Consumer Remedies Fail, Bryant G. Garth

Michigan Law Review

A Review of No Access to Law: Alternatives to the American Judicial System edited by Laura Nader


Blest Be The Tie That Binds, Joan Heifetz Hollinger Mar 1983

Blest Be The Tie That Binds, Joan Heifetz Hollinger

Michigan Law Review

A Review of The New Family and the New Property by Mary Ann Glendon


Regulation In Perspective: Historical Essays, Michigan Law Review Mar 1983

Regulation In Perspective: Historical Essays, Michigan Law Review

Michigan Law Review

A Review of Regulation and Perspective: Historical Essays edited by Thomas K. McCraw


In The Belly Of The Beast: Letters From Prison, Michigan Law Review Mar 1983

In The Belly Of The Beast: Letters From Prison, Michigan Law Review

Michigan Law Review

A Review of In the Belly of the Beast: Letters from Prison by Jack Henry Abbott


Speech And Law In A Free Society, Michigan Law Review Mar 1983

Speech And Law In A Free Society, Michigan Law Review

Michigan Law Review

A Review of Speech and Law in a Free Society by Franklyn S. Haiman


The Sedition Of Free Speech, Lee C. Bollinger Mar 1983

The Sedition Of Free Speech, Lee C. Bollinger

Michigan Law Review

A Review of When Government Speaks: Politics, Law, and Government Expression in America by Mark G. Yudof


Illegitimacy: An Examination Of Bastardy, Michigan Law Review Mar 1983

Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman


Anatomy Of Racism, Damon J. Keith Mar 1983

Anatomy Of Racism, Damon J. Keith

Michigan Law Review

A Review of Hearts and Minds: The Anatomy of Racism From Roosevelt to Reagan by Harry S. Ashmore


So Reason Can Rule, Michigan Law Review Mar 1983

So Reason Can Rule, Michigan Law Review

Michigan Law Review

A Review of So Reason Can Rule by Scott Buchanan


Punishment By Imprisonment: Placing Ideology Into Concrete, David A. Ward Mar 1983

Punishment By Imprisonment: Placing Ideology Into Concrete, David A. Ward

Michigan Law Review

A Review of Imprisonment in America: Choosing the Future by Michael Sherman and Gordon Hawkins


Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger Mar 1983

Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger

Michigan Law Review

A Review of The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose by Francis A. Allen


Revolution In The Wasteland: Value And Diversity In Television, Michigan Law Review Mar 1983

Revolution In The Wasteland: Value And Diversity In Television, Michigan Law Review

Michigan Law Review

A Review of Revolution in the Wasteland: Diversity in Television by Ronald A. Cass


Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings Mar 1983

Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings

Michigan Law Review

A Review of Law and Society in Puritan Massachusetts: Essex County, 1629-1692 by David Thomas Konig, and Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825 by William E. Nelson, and Faithful Magistrates and Republican Lawyers: Creators of Virginia Legal Culture, 1680-1810 by A.G. Roeber


The Learning Years: A Review Of The Changing Legal World Of Adolescence, Bruce C. Hafen Mar 1983

The Learning Years: A Review Of The Changing Legal World Of Adolescence, Bruce C. Hafen

Michigan Law Review

A Review of The Changing Legal World of Adolescence by Franklin E. Zimring


The Marriage Contract, Michigan Law Review Mar 1983

The Marriage Contract, Michigan Law Review

Michigan Law Review

A Review of the The Marriage Contract by Lenore J. Weitzman


Inheritance, Wealth, And Society, Michigan Law Review Mar 1983

Inheritance, Wealth, And Society, Michigan Law Review

Michigan Law Review

A Review of Inheritance, Wealth, and Society by Ronald Chester


Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin Jan 1983

Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin

University of Michigan Journal of Law Reform

This approach to the problem of whistleblowing, however, is misguided; the appropriate balance is between the employee's interest in acting in accordance with his individual conscience and his duty of loyalty to his employer. This Article argues that although the law should protect individual acts of whistleblowing once they have occurred, it should not affirmatively encourage whistleblowing. Part I discusses the protection currently available to whistleblowers under the common law, collective bargaining agreements, and the antiretaliation provisions of several important statutes. Part II proposes a general standard of whistleblower protection that is designed to protect individual whistleblowers in appropriate circumstances, …


United States Research Of The Law Of The Communist-Ruled States Of Europe, Ivan Sipkov Jan 1983

United States Research Of The Law Of The Communist-Ruled States Of Europe, Ivan Sipkov

Vanderbilt Journal of Transnational Law

The legal system of the Soviet Union, developed after the 1917 October Revolution, was introduced, with some variations, in several European, Asian, and Latin American states during the last years of World War II. These states have been characterized, both officially and unofficially, as "Soviet-type republics," "People's republics," "Socialist republics," and "Communist states." Their legal systems, although patterned after the Soviet Union legal system, developed in different directions. Today, the various legal systems of these republics are clearly distinguishable; however, one common feature is present: the states are ruled by one Communist party to the exclusion of other parties.


Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis Jan 1983

Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis

St. Mary's Law Journal

Courts should examine the relationship of a non-client to a negligent lawyer to determine whether a lawyer is liable to a non-client despite lack of privity. In most jurisdictions, attorneys enjoy the privity of contract requirement which limits their duty to exercise reasonable care. As a result, lawyers are normally immune to negligent malpractice actions brought by non-clients. Courts should examine the relationship between the attorney and the non-client to determine whether the requirement of privity is an overly restrictive limit on the lawyer’s scope of duty. These relationships can be classified into three categories. The first category involves plaintiffs …


Franchising In Texas., Mark H. Miller Jan 1983

Franchising In Texas., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.


The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan Jan 1983

The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan

St. Mary's Law Journal

Abstract Forthcoming.


Historic District Zoning: A Texas Overview., Margaret Corning Boldrick Jan 1983

Historic District Zoning: A Texas Overview., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.


Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio Jan 1983

Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio

St. Mary's Law Journal

Abstract Forthcoming.


The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen Jan 1983

The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen

Michigan Law Review

I shall set forth my thesis in Part I, using the Declaration of Independence ("all men are created equal") to illustrate that the emptiness of equality inheres in its very meaning, and that the confusions of equality result from neglecting its meaning. In Part II, I respond to Professors Chemerinsky's and D' Amato's reasons for believing that equality has independent normative content of its own. In Part III, I respond to Professor Chemerinsky's separate reasons for believing that equality is rhetorically useful.