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Articles 1 - 12 of 12
Full-Text Articles in Law
Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall
Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall
University of Michigan Journal of Law Reform
Because Michigan's GBMI statute has been in effect for several years, enough data exists to assess the statute's use and practical effect. The purpose of this Project is to evaluate the statute and thus provide guidance for those legislatures considering similar proposals. This Project concludes that the new verdict has completely failed in its intended purpose. Part I describes the statute's history, legislative purpose, and procedural mechanics. Part II analyzes the displacing effect of the GBMI verdict on other verdicts, and sets forth empirical data on the disparate characteristics of defendants who raise the insanity defense and are subsequently found …
A Proposed Analysis For Gender-Based Practices And State Public Accommodations Laws, Alan J. Hoff
A Proposed Analysis For Gender-Based Practices And State Public Accommodations Laws, Alan J. Hoff
University of Michigan Journal of Law Reform
This Note argues that the proper test of gender-preferential practices in public accommodations proceeds from the principle of "equal treatment:'' separate standards are tolerable only where reasonable and applied evenhandedly. Part I sets out a typical public accommodations statute and criticizes the principle tests used to evaluate this type of legislation. Part II applies traditional methods of statutory construction which trigger an equal treatment analysis. Extrapolating from this analysis, Part III advocates a two-part test for examining gender-based practices in public accommodations.
Relief For Prison Overcrowding: Evaluating Michigan's Accelerated Parole Statute, Frank T. Judge Iii
Relief For Prison Overcrowding: Evaluating Michigan's Accelerated Parole Statute, Frank T. Judge Iii
University of Michigan Journal of Law Reform
This Note describes and analyzes Michigan's Prison Overcrowding Emergency Powers Act. Part I reviews briefly current efforts to relieve prison overcrowding and concludes that traditional remedies are largely inadequate. Part II examines the early prisoner release statute and its implementation. Finally, Part III evaluates the statute's success in relieving prison overcrowding .
Trial And Error: The Detroit School Segregation Case, Michigan Law Review
Trial And Error: The Detroit School Segregation Case, Michigan Law Review
Michigan Law Review
A Review of Trial and Error: The Detroit School Segregation Case by Eleanor P. Wolf
Powerline: The First Battle Of America's Energy War, Michigan Law Review
Powerline: The First Battle Of America's Energy War, Michigan Law Review
Michigan Law Review
A Review of Powerline: The First Battle of America's Energy War by Barry M. Casper and Paul David Wellstone
The First American Constitutions: Republican Ideology And The Making Of The State Constitutions In The Revolutionary Era, Michigan Law Review
The First American Constitutions: Republican Ideology And The Making Of The State Constitutions In The Revolutionary Era, Michigan Law Review
Michigan Law Review
A Review of The First American Constitutions: Republican Ideology and the Making of the State Constitutions in the Revolutionary Era by Willi Paul Adams
Affirmative Action In The Electoral Process: The Constitutionality Of The Democratic Party's Equal Division Rule, Timothy J. Hoy
Affirmative Action In The Electoral Process: The Constitutionality Of The Democratic Party's Equal Division Rule, Timothy J. Hoy
University of Michigan Journal of Law Reform
Part I of this Note traces the history of affirmative action in the Democratic Party and the events preceding adoption and implementation of the equal division rule. Part II establishes that the equal division rule is subject to constitutional review. Part III presents constitutional and state statutory challenges to the equal division rule. The Note concludes that use of the equal division rule "quota" in the delegate selection process is unconstitutional.
Salvaging Proportionate Prison Sentencing: A Reply To Rummel V. Estelle, Thomas F. Cavalier
Salvaging Proportionate Prison Sentencing: A Reply To Rummel V. Estelle, Thomas F. Cavalier
University of Michigan Journal of Law Reform
Part I of this Note provides a capsule of the Court's holding in Rummel. Part II argues, contrary to Rummel, that precedential support can be mustered to support eighth amendment review of sentence length. Finally, part 11,1 discusses the continued viability of the proportionality test as a vehicle for assessing challenges to the length of imprisonment, and discounts the concerns voiced in Rummel regarding the difficulty of judicial review of legislative sentencing decisions.
On Recognizing Variations In State Criminal Procedure, Jerold H. Israel
On Recognizing Variations In State Criminal Procedure, Jerold H. Israel
Articles
Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …
Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar
Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar
Articles
Twenty years ago, concurring in Mapp v. Ohio (1961), Justice William 0. Douglas looked back on Wolf v. Colorado (1949) (which had held that the Fourth Amendment's substantive protection against "unreasonable search and seizure" was binding on the states through the due process clause, but that the Fourth Amendment exclusionary rule was not) and recalled that the Wolf case had evoked "a storm of controversy which only today finds its end." But, of course, in the twenty years since Justice Douglas made that observation the storm of controversy has only intensified, and it has engulfed the exclusionary rule in federal …
Individual And Community: An Appreciation Of Mr. Justice Powell, Christina B. Whitman
Individual And Community: An Appreciation Of Mr. Justice Powell, Christina B. Whitman
Articles
When the nomination of Lewis F. Powell, Jr., to the Supreme Court of the United States was submitted to the Senate Judiciary Committee ten years ago, much was made of his extraordinary record of service to his city, his state, and his profession.1 Justice Powell's career has been a model of individual responsibility to society. His belief in the value of civic life, and in the desirability of making such a life available to everyone, has been a dominant influence in his work on the Supreme Court. In what follows, I shall attempt to define some of the assumptions with …
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Articles
Although it has been "axiomatic" that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient "no-reformation" rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the "plain meaning" rule. That rule, which hereafter we will call the "no-extrinsic-evidence …