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Articles 1 - 19 of 19
Full-Text Articles in Law
Dangerousness And Criminal Justice, Franklin E. Zimring, Gordon Hawkins
Dangerousness And Criminal Justice, Franklin E. Zimring, Gordon Hawkins
Michigan Law Review
The first section of this paper surveys some recent writings on the topic of dangerousness for major inconsistencies, which we regard as illuminating the special problem of dangerousness in the jurisprudence of criminal sentencing.
The second section describes the "special problem of dangerousness," for, we believe, the first time. The special problem is the fear that any admission of calculations of dangerousness into sentencing decisions will lead to an overuse of dangerousness, which may be worse than the inefficiencies and hypocrisies we confront when denying that future dangerousness is relevant to decisions about prisons.
The third section attempts to reorganize …
Constituting Communities Through Words That Bind: Reflections On Loyalty Oaths, Sanford Levinson
Constituting Communities Through Words That Bind: Reflections On Loyalty Oaths, Sanford Levinson
Michigan Law Review
Preparation of this essay has not served to resolve my own ambivalences about what, after all, Duncan Kennedy once named the "fundamental contradiction" of all social life, the tension between "individual freedom" and the coercive communal life with "[o]thers (family, friends, bureaucrats, cultural figures, the state)" that is "necessary if we are to become persons at all - they provide us the stuff of our selves and protect us ,in crucial ways against destruction." It should not be surprising if something so fundamental does not prove amenable to resolution. In any case, the reader should not expect to find a …
Community, Citizenship, And The Search For National Identity, Frederick Schauer
Community, Citizenship, And The Search For National Identity, Frederick Schauer
Michigan Law Review
As a test of this proposition, I want to explore the issue of alienage restrictions. Under what circumstances is it justifiable to draw lines based on whether a person is a citizen? Lines drawn on the basis of citizenship are a useful test of how seriously we take the idea of the nation as a relevant community and, more tangentially, of how seriously we take the idea of community itself. To the extent that we are skeptical of such lines, our concerns are to that extent individual-oriented, primarily focused on the adverse consequences of excluding some people from benefits or …
Law, Legalism, And Community Before The American Revolution, Bruce H. Mann
Law, Legalism, And Community Before The American Revolution, Bruce H. Mann
Michigan Law Review
The connections between law and community are difficult to identify, let alone explain. It may be best to begin by seeing how law and the ways people used it changed, and then attempt to relate those changes to the surrounding economy and society. One must, of course, be wary of finding what one looks for. Nonetheless, as with objects against a dark background, it is sometimes easier to see things when they move than when they remain still. To illustrate the interactive nature of legal change and community, I will draw on examples from Connecticut before the Revolution - not …
An Empirical Analysis Of The Medical And Legal Professions' Experiences And Perceptions Of Medical And Legal Malpractice, J. Douglas Peters, Steven K. Nord, R. Donald Woodson
An Empirical Analysis Of The Medical And Legal Professions' Experiences And Perceptions Of Medical And Legal Malpractice, J. Douglas Peters, Steven K. Nord, R. Donald Woodson
University of Michigan Journal of Law Reform
The purpose of this study is to describe the general perceptions of doctors and lawyers regarding medical and legal malpractice. The study does not purport to draw conclusions about the statistical significance of the presented numbers and percentages. In addition, the results presented should be interpreted in light of the methodology and response rate obtained in the survey.
Kitsch And Community, Kathryn Abrams
Kitsch And Community, Kathryn Abrams
Michigan Law Review
A Review of Habits of the Heart by Robert Bellah, Richard Madsden, William Sullivan, Ann Swidler and Steven Tipton, and Strong Democracy by Benjamin Barber, Exodus and Revolution by Michael Walzer
In The Jungle Of Cities, Anthony Chase
In The Jungle Of Cities, Anthony Chase
Michigan Law Review
A Review of American Violence and Public Policy: An Update of the National Commission on the Causes and Prevention of Violence by Lynn A. Curtis and The Miami Riot of 1980: Crossing the Bounds by Bruce Porter and Marvin Dunn
The Glittering Eye Of Law, Geoffrey P. Miller
The Glittering Eye Of Law, Geoffrey P. Miller
Michigan Law Review
A Review of The Authoritative and the Authoritarian by Joseph Vining
Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz
Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz
Michigan Law Review
A Review of Lying Down Together: Law, Metaphor, and Theology by Milner S. Ball
Juries On Trial: Faces Of American Justice, Nancy J. King
Juries On Trial: Faces Of American Justice, Nancy J. King
Michigan Law Review
A Review of Juries on Trial: Faces of American Justice by Paula DiPerna
Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear
Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear
Michigan Law Review
A Review of Dangerous Offenders: The Elusive Target of Justice by Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman
Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg
Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg
Michigan Law Review
A Review ofWhat Do Unions Do? by Richard B. Freeman and James L. Medoff
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
Michigan Law Review
A Review of A Capacity to Punish: The Ecology of Crime and Punishment by Henry N. Pontell
When Justice Fails, Stephan Landsman
When Justice Fails, Stephan Landsman
Michigan Law Review
A Review of The Haymarket Tragedy by Paul Avrich
Styles Of Law And The Attainment Of Social Justice, Richard O. Lempert, Joseph Sanders
Styles Of Law And The Attainment Of Social Justice, Richard O. Lempert, Joseph Sanders
Book Chapters
In the last chapter we focused on the meaning of legal autonomy and on the constituent elements of the ideal type. We noted two requisites for the autonomous application of law: judicial formalism and equal competence. But we also argued that the autonomous application of law does not guarantee that the law as applied will not perpetuate or advance socioeconomic differences. For applied law to be autonomous in this further sense, legal norms, in addition, must be status neutral, and the distribution of welfare in society must be such that the neutral norms do not disproportionately benefit some people. These …
A Comment On Religious Convictions And Lawmaking, John H. Garvey
A Comment On Religious Convictions And Lawmaking, John H. Garvey
Michigan Law Review
Professor Kent Greenawalt's Cooley Lectures on Religious Convictions and Lawmaking are fresh, honest, and thoughtful. They offer some troubling questions for liberal democratic theorists (Greenawalt names Bruce Ackerman and John Rawls as representatives of the class) who argue that good citizens and officials should set their religious co~victions aside when they deal with political questions. Greenawalt contends that religious liberal democrats are not committed to such a program of self-denial - that sometimes (though not always) political judgments can rest on religious convictions. I think he is right but too modest about the implications of his thesis.
Boycott, Theodore J. St. Antoine
Boycott, Theodore J. St. Antoine
Book Chapters
A boycott is a group refusal to deal. Such concerted action is an effective way for society’s less powerful members,such as unorganized workers or racial minorities, to seek fair treatment in employment, public accommodations,and public services. But as the Supreme Court recognized in Eastern States Retail Lumber Dealers’ Association v.United States (1914): ‘‘An act harmless when done by one may become a public wrong when done by many acting in concert, for it then takes on the form of a conspiracy.’’
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Articles
Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …
Introduction: Is Cultural Criticism Possible?, James Boyd White
Introduction: Is Cultural Criticism Possible?, James Boyd White
Michigan Law Review
It is by now something of a truism that the abstract and conceptual modes of discourse that have dominated our intellectual life in the past century have led to a rather reduced and schematic view of law. Moved by the desire to talk about social institutions in a neutral and scientific way, scholars beginning at least with John Austin have sought to define law as a set of rules, promulgated by a sovereign and addressed to the behavior of subject individuals, all in an attempt to isolate legal phenomena from their context for scientific study. Rules, on this view, are …