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Full-Text Articles in Law

Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time, Eve Brensike Primus Jul 2018

Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time, Eve Brensike Primus

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Habeas corpus, also known as the Great Writ, was meant to be a “bulwark against convictions that violate fundamental fairness,” according to the Supreme Court. Yet today, federal courts provide relief in fewer than half of one percent of cases in which a non-capital state prisoner seeks relief through habeas. The Great Writ, it would seem, is no longer so great. In Litigating Federal Habeas Corpus Cases: One Equitable Gateway at a Time, Eve Brensike Primus examines the various procedural and substantive hurdles that have been erected in the past half century that make it nearly impossible for state prisoners ...


Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard Jan 2018

Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard

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No abstract provided.


Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens Mar 2017

Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens

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African Americans are only 13% of the American population but a majority of innocent defendants wrongfully convicted of crimes and later exonerated. They constitute 47% of the 1,900 exonerations listed in the National Registry of Exonerations (as of October 2016), and the great majority of more than 1,800 additional innocent defendants who were framed and convicted of crimes in 15 large-scale police scandals and later cleared in “group exonerations.” We see this racial disparity for all major crime categories, but we examine it in this report in the context of the three types of crime that produce the ...


Blocking The Courts: The Trump Triple Threat, Joanne Doroshow Jan 2017

Blocking The Courts: The Trump Triple Threat, Joanne Doroshow

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No abstract provided.


The High Power Of The Lower Courts, Doni Gewirtzman Jan 2016

The High Power Of The Lower Courts, Doni Gewirtzman

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No abstract provided.


Cohabitant Benefits For Michigan State Workers Upheld, Arthur S. Leonard Jan 2013

Cohabitant Benefits For Michigan State Workers Upheld, Arthur S. Leonard

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No abstract provided.


China's Judicial System And Judicial Reform, Nicholas C. Howson Jan 2010

China's Judicial System And Judicial Reform, Nicholas C. Howson

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The following is an extract from the statement delivered by Michigan Law School Professor Nicholas Howson at the inaugural “China-U.S. Rule of Law Dialogue” held at Beijing’s Tsinghua University July 29-30, 2010, and convened by Tsinghua Law Dean Wang Zhenmin and Harvard Law School Professor and East Asian Legal Studies Director William Alford, and with the support of the China-United States Exchange Foundation chaired by C.H. Tung, first chief executive and president of the Executive Council of the Hong Kong Special Administrative Region. The dialogue was organized as a private meeting between senior PRC law professors and ...


Free From Decree, David Schoenbrod, Ross Sandler Jan 2009

Free From Decree, David Schoenbrod, Ross Sandler

Other Publications

No abstract provided.


Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr. Jan 2005

Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr. Jan 2005

Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Face To Face With The Right Of Confrontation, Richard D. Friedman Jan 2004

Face To Face With The Right Of Confrontation, Richard D. Friedman

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This article is an edited excerpt from the amicus curiae brief filed in Crawford v. Washington, heard before the United States Supreme Court on November 10, 2003. Prof. Friedman wrote the brief for the Court.


Book Review Of Reclaiming The Federal Courts, By Larry W. Yackle., Edward A. Purcell Jr. Jan 1997

Book Review Of Reclaiming The Federal Courts, By Larry W. Yackle., Edward A. Purcell Jr.

Other Publications

No abstract provided.


How To Put Lawmakers, Not Courts, Back In Charge, David Schoenbrod, Ross Sandler Jan 1996

How To Put Lawmakers, Not Courts, Back In Charge, David Schoenbrod, Ross Sandler

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No abstract provided.


Who Is Jessica's Mother? Defining Motherhood Through Reality, Suellyn Scarnecchia Jan 1994

Who Is Jessica's Mother? Defining Motherhood Through Reality, Suellyn Scarnecchia

Other Publications

The recent Baby Jessica case and others like it have renewed the nature versus nurture debate in family law. Baby Jessica's biological parents, the Schmidts, sought to obtain permanent custody of their daughter after giving her up for adoption to the DeBoer family. Their argument was one that found its basis in biology and the idea of a traditional family. On the other hand, with the assistance of Professor Scarnecchia, the DeBoers argued that it was more important forJessica's overall health to remain with her primary caretakers of two years. Courts, however, have taken a more traditional view ...


It's Worth Remembering, John W. Reed Jan 1994

It's Worth Remembering, John W. Reed

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A speech delivered to the Michigan Supreme Court Historical Society Annual Meeting luncheon, held in Southfield, Michigan on April 28, 1994.


Book Review Of Money And Justice: Who Owns The Courts? By Lois G. Forer, Jethro K. Lieberman Jan 1984

Book Review Of Money And Justice: Who Owns The Courts? By Lois G. Forer, Jethro K. Lieberman

Other Publications

No abstract provided.


The War On Diversity, John W. Reed Jan 1983

The War On Diversity, John W. Reed

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Over the past decade or more there have been strong pressures to abolish the diversity jurisdiction of the federal courts. With the strong backing of the prestigious American Law Institute and many scholars, and with the support of the Chief Justice, Senator Kennedy, and others, specific proposals have been introduced in Congress, have been discussed at enormous length, and have passed one or the other House but not both. At the moment, therefore, we still have diversity jurisdiction, and it is safe to predict that abolition of diversity will not occur during the present session of Congress. Nevertheless, the long-term ...


Collective Bargaining And The Antitrust Laws, Theodore J. St. Antoine Jan 1967

Collective Bargaining And The Antitrust Laws, Theodore J. St. Antoine

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A central aim of the antitrust laws is the promotion of competition. A central aim of collective bargaining is the elimination of competition-according to classical trade union theory, the elimination of wage competition among all employees doing the same job in the same industry. Given these disparate aims, the antitrust laws and collective bargaining will almost inevitably tend to clash. To harmonize them, the type of competition which the law is intended to foster must be carefully distinguished from the type of competition which union-employer bargaining can properly displace. The Supreme Court's last major effort to draw the demarcation ...