Law Commons^™

Castration As An Alternative To Incarceration: An Impotent Approach To The Punishment Of Sex Offenders, Kari A. Vanderzyl

Northern Illinois University Law Review

Although recognized as an acceptable form of punishment in other cultures, castration as a punitive measure has traditionally found limited support in the United States. This comment examines the use of castration as a form of punishment, tracing the procedure from its origins in the eugenics movement in the early twentieth century to the recent popularity of chemical castration as an alternative to incarceration for sex offenders. The comment discusses constitutional challenges to the castration of sex offenders and addresses the economic and social policy considerations implicated by the practice. The author concludes that castration represents an unconstitutional and ineffective …

How To Prevent Another Larsen Affair, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Winning And Losing With Employee Participation, Ellis Boal

Cornell Journal of Law and Public Policy

No abstract provided.

The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin

Law and Contemporary Problems

The government has come to rely on private organizations for accreditation in higher education. It created the Higher Education Amendments of 1992 Act, which provided for state "postsecondary review entities" to contract with the Department of Education.

The Constitutionality Of The Bank Bill: The Attorney General’S First Constitutional Law Opinions, Walter Dellinger, H. Jefferson Powell

Duke Law Journal

No abstract provided.

Recent Developments Concerning Accrediting Agencies In Postsecondary Education, Jeffrey C. Martin

Law and Contemporary Problems

The relationship between private voluntary postsecondary accrediting agencies and the federal eligibility for student financial aid programs has attracted public scrutiny, due to the magnitude of loan defaults and the insistence of the agencies that accredited higher education institutions become more demographically diverse. The history of Department of Education recognition of such agencies is examined.

Tyburn Thanatos And Marxist Historiography: The Case Of The London Hanged , Charles J. Reid Jr.

Cornell Law Review

No abstract provided.

Revitalizing Our Cities Or Restoring Ties To Them? Redirecting The Debate, Donald A. Hicks

University of Michigan Journal of Law Reform

In this Article, I generally concur that certain legal reforms do hold considerable potential for ameliorating some of the desperate circumstances we find in our cities today. My view is rooted in the recognition that past reforms which dismantled legal barriers to equal opportunity were of monumental significance in broadening social and economic access to our urban arrangements. But it also is rooted in the conviction that a new wave of legal reform might well be required in order to reconsider other past reforms that, however unintentionally, have made many matters worse. Above all, any proposed legal reform should be …

Eyes To The Future, Yet Remembering The Past: Reconciling Tradition With The Future Of Legal Education, Amy M. Colton

University of Michigan Journal of Law Reform

This Note explores the relationship between legal education and the legal profession, and what can be done to stop the two institutions from drifting farther and farther apart. Part I examines the history of the American law school, focusing on how the schools came into existence and what goals they intended to serve. Part II questions whether these goals have been reached, and dissects the present-day law school curriculum in search of both its triumphs and its failures. A necessary part of this curriculum analysis includes examining the evolution of the profession into a creature of both law and business, …

War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Bobbitt

Michigan Law Review

A Review of War and Responsibility: Constitutional Lessons of Vietnam and its Aftermath by John Hart Ely

Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve

Michigan Law Review

A Review of American Civil Procedure: An Introduction by Geoffrey C. Hazard, Jr. and Michele Taruffo

The Inherent Power In Mapping Ownership, Michael P. Conzen

Michigan Law Review

A Review of The Cadastral Map in the Service of the State: A History of Property Mapping by Roger J.P. Kain and Elizabeth Baigent

A Distant Heritage: The Growth Of Free Speech In Early America, Jim Greiner

Michigan Law Review

A Review of A Distant Heritage: The Growth of Free Speech in Early America by Larry D. Eldridge

Litigation And Inequality: Federal Diversity Jurisdiction In Industrial America, David A. Luigs

Michigan Law Review

A Review of Litigation and Inequality: Federal Diversity Jurisdiction in Industrial America by Edward A. Purcell, Jr.

Revisiting The Role Of Liberal Trade Policy In Promoting Idealistic Objectives Of The International Legal Order, Robert L. Mcgeorge

Northern Illinois University Law Review

Professor McGeorge begins by relating the events that led to the conference. He provides a brief historical overview of the post-World War II international order. Professor McGeorge concludes his article with an explanation of international trade policy after the Cold War.

Rehabilitating Federalism, Erwin Chemerinsky

Michigan Law Review

A Review of To Make a Nation: The Rediscovery of American Federalism by Samuel H. Beer

"Am I, By Law, The Lord Of The World?": How The Juristic Response To Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, Charles J. Reid Jr.

Michigan Law Review

A Review of The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition by Kenneth Pennington

Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins

Faculty Publications

No abstract provided.

Punishment Most Cruel, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Historical Origins Of The Privilege Against Self-Incrimination At Common Law, John H. Langbein

Michigan Law Review

This essay explains that the true origins of the common law privilege are to be found not in the high politics of the English revolutions, but in the rise of adversary criminal procedure at the end of the eighteenth century. The privilege against self-incrimination at common law was the work of defense counsel.

Part I of this essay discusses the several attributes of early modem criminal procedure that combined, until the end of the eighteenth century, to prevent the development of the common law privilege. Part II explains how prior scholarship went astray in locating the common law privilege against …

Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen

Michigan Law Review

The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.

Second, …

Rico's Latest Victim—Social Protest, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune

Michigan Journal of International Law

This Note examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. The goal of this Note is neither to unfairly attack nor to apologize for Islamic law, but rather to attempt an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. The intent is two-fold: First, to establish that scholars of modern international humanitarian law have often ignored its historical roots in Islamic law and second, to examine …

It's Worth Remembering, John W. Reed

Other Publications

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

The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler

All Faculty Scholarship

This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws. In addition …

Notre Dame Lawyer - Academic Year 1994-95, Notre Dame Law School

Notre Dame Lawyer

Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman

Articles

For the most part, the Supreme Court's decisions in 1932 and 1933 disappointed liberals. The two swing Justices, Chief Justice Charles Evans Hughes and Justice Owen J. Roberts, seemed to have sided more with the Court's four conservatives than with its three liberals. Between early 1934 and early 1935, however, the Court issued three thunderbolt decisions, all by five-to-four votes on the liberal side and with either Hughes or Roberts writing for the majority over the dissent of the conservative foursome: in January 1934, Home Building & Loan Ass'n v. Blaisdell' severely limited the extent to which the Contracts Clause …

Choosing Law With An Eye On The Prize, Russell J. Weintraub

Michigan Journal of International Law

Review of Choice of Law and Multistate Justice by Friedrich K. Juenger

Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer

Articles

No abstract provided.