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Full-Text Articles in Law

An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth Nov 1985

An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth

Michigan Law Review

This Note attempts to resolve the arguments presented in the literature and the case law and determine whether the federal Constitution mandates a right to treatment for involuntarily incarcerated juveniles. Part I examines the varied situations that have given rise to right to treatment claims. Part II elucidates the three principal theories on which right to treatment claims have been based: (1) that because the purpose of incarcerating juveniles is to promote their welfare, rehabilitation is mandated by the due process requirement that the nature of the commitment "bear some reasonable relation to the purpose for which the individual is …


Rejoinder: Truth, Justice, And The American Way--Or Professor Haddad's "Hard Choices", John M. Burkoff Apr 1985

Rejoinder: Truth, Justice, And The American Way--Or Professor Haddad's "Hard Choices", John M. Burkoff

University of Michigan Journal of Law Reform

I frankly think that Professor Haddad's response to my article on pretext searches is first-rate. It is articulate; it is thoughtful and scholarly; it sharpens the issues and the analysis in this area; and, for the most part, I think his criticisms of various portions of my own work present my positions fairly and honestly. On the other hand, I think that Professor Haddad is dead wrong.


Pretextual Fourth Amendment Activity: Another Viewpoint, James B. Haddad Apr 1985

Pretextual Fourth Amendment Activity: Another Viewpoint, James B. Haddad

University of Michigan Journal of Law Reform

Pretextual detentions, arrests, and searches pose knotty fourth amendment problems. With an air of plausibility, defense attorneys often accuse police of pretextual use of arrest warrants, search warrants, and various exceptions to the warrant requirement. Specifically, they contend that officers have utilized a particular fourth amendment doctrine to obtain certain evidence even though courts have not assigned as a reason for approving the doctrine the need to discover such evidence.


Black Police, White Society, Michigan Law Review Feb 1985

Black Police, White Society, Michigan Law Review

Michigan Law Review

A Review of Black Police, White Society by Stephen Leinen


Abscam And The Constitution, Louis Michael Seidman Feb 1985

Abscam And The Constitution, Louis Michael Seidman

Michigan Law Review

A Review of ABSCAM Ethics: Moral Issues and Deception in Law Enforcement by Gerald M. Caplan