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Tis A Gift To Be Simple: Aesthetics And Procedural Reform, Janice Toran
Tis A Gift To Be Simple: Aesthetics And Procedural Reform, Janice Toran
Michigan Law Review
This essay advances the hypothesis that aesthetic considerations play a role in the formulation of new legal procedures and the preference for one procedure over another. Of course, other considerations like the social impact of a particular procedure or procedural system, its economic consequences, and its role within existing legal institutions are important, often decisive, factors influencing procedural choice. My argument is simply that additional unarticulated and unrecognized aesthetic considerations also play a role in the procedural reform process. I refer to these elements as "aesthetic" because they focus on the formal qualities of a procedure (simplicity, elegance, coherence, and …
Narrowing The Scope Of Civil Drug Forfeiture: Section 881, Substantial Connection And The Eighth Amendment, James B. Speta
Narrowing The Scope Of Civil Drug Forfeiture: Section 881, Substantial Connection And The Eighth Amendment, James B. Speta
Michigan Law Review
This Note offers two justifications for narrowing the scope of section 881 forfeiture. Part I argues that courts should apply the substantial connection test to section 881 forfeitures. This Part analyzes the statute using the traditional tools of statutory interpretation. While the text of the statute seems to support the broadest possible interpretation, the legislative history and context of adoption suggest that the substantial connection test is consistent with Congressional intent. In amending section 881, subsequent Congresses have favored application of the substantial connection test. Consistent with this narrower reading, present strategy in the "war on drugs" focuses stiff penalties …
Curtailing Inherited Wealth, Mark L. Ascher
Curtailing Inherited Wealth, Mark L. Ascher
Michigan Law Review
One of the most dominant themes in American ideology is equality of opportunity. In our society, ability and willingness to work hard are supposed to make all things possible. But we know there are flaws in our ideology. Differences in native ability unquestionably exist. Similarly, some people seem to have distinctly more than their fair share of good luck. Both types of differences are, however, beyond our control. So we try to convince ourselves that education evens out most differences. Still, we know there are immense differences in the values various parents imbue in their children. And we also know …