Digital Commons Network^™

Foreword: Mail Fraud After Mcnally And Carpenter: The Essence Of Fraud, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …

Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Better Trials Through Science: A Defense Of Psychologist-Lawyer Collaboration, J. Alexander Tanford, Sarah Tanford

Articles by Maurer Faculty

A concern of some legal commentators is that lawyers may use psychological persuasion techniques to gain an unfair advantage over their courtroom opponents and subvert the justice system. In this Article, the Tanfords respond to an earlier Article in which Professor Victor Gold raised such concerns. The Tanfords argue that commentators like Gold misunderstand jury behavior and trial process, exaggerating the negative impact of lawyers aided by psychologists. To the contrary, lawyer/psychologist collaboration improves rational decision making by identifying existing biases and devising strategies to correct them. The Tanfords conclude these benefits outweigh any possible abuse, and no reason exists …

The Parental Kidnaping Prevention Act: Is There An Enforcement Role For The Federal Courts?, Ann T. Wilson

Washington Law Review

The number of divorced parents has increased dramatically since 1970. Consequently, the number of custody disputes has risen. In our increasingly mobile society, it is not surprising that many of these disputes occur across state lines. Extended litigation creates additional uncertainty and instability for children involved in these disputes. In response to this growing problem, Congress enacted the Parental Kidnapping Prevention Act of 1980 (PKPA). The PKPA requires that state courts enforce and not modify the child custody determinations of other states. The duty to enforce arises if the initial custody determination meets certain conditions. 6 Despite the existence of …

The Compelling Case Against Robert H. Bork, Stephen Gillers

Cardozo Law Review

No abstract provided.

Considering New Issues On Appeal: The General Rule And The Gorilla Rule, Robert J. Martineau

Vanderbilt Law Review

One aspect of the appellate process that most bedevils judges and lawyers occurs when a party attempts to raise an issue in the appellate court that it did not present to the trial court. This question creates problems for the following reasons: (1) the general rule against considering new issues on appeal; (2) the perception that it is unfair to the appellant if the new issue is not considered, yet it is unfair to the appellee if the new issue is considered; and (3) the failure or inability of appellate courts to articulate any principled basis for determining when and …

Correspondence: Correspondence Between Rjm And The Association Of The Bar Of The City Of New York, Roger J. Miner '56

Committees

No abstract provided.

The Constitutionality Of Punitive Damages Under The Excessive Fines Clause Of The Eighth Amendment, Andrew M. Kenefick

Michigan Law Review

This Note explores whether courts should look beyond the broad language in Ingraham v. Wright and scrutinize punitive damages under the excessive fines clause. Part I sets out the intuitive argument that punitive damages are analogous to criminal fines. Part II analyzes the Supreme Court's decision in Ingraham v. Wright and also reviews the few federal and state court decisions that have dealt with the excessive fines clause in civil cases, most of which have concluded that the clause has no application in a civil setting. This Part asserts that courts cannot rely solely on the Ingraham decision but must …

Judging The Jury, Eric M. Acker

Michigan Law Review

A Review of Judging the Jury by Valerie P. Hans and Neil Vidmar

Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick

North Carolina Central Law Review

No abstract provided.

Psychiatric Assistance For Indigent Defendants Pleading Insanity: The Michigan Experience, Paul Zisla

University of Michigan Journal of Law Reform

The federal government and many states already provide psychiatric assistance to indigent defendants pleading insanity. Michigan's statutory scheme for delivering this service presents an opportunity to evaluate an approach that generally favors defendant interests in areas left unresolved by Ake. This Note undertakes that evaluation. Part I summarizes the Ake decision, key problem areas, and the research methodology. Part II describes the Michigan statutory system. Part III evaluates that system using data from interviews with legal and psychiatric practitioners and considers the consequences of Michigan's approach to the issues posed by Ake. The evaluation shows that Michigan's system …

Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley

Indiana Law Journal

No abstract provided.

Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

Reckless Endangerment Of An Employee: A Proposal In The Wake Of Film Recovery Systems To Make The Boss Responsible For His Crimes, Anne D. Samuels

University of Michigan Journal of Law Reform

This Note argues that the traditional regulatory, civil, and criminal mechanisms are both ineffective and inappropriate to deter or punish corporate decisionmakers for decisions that pose risks to the safety or health of employees in the workplace. The Note proposes a new criminal offense to prevent and punish culpable corporate decisionmaking that results in employee deaths or injuries. Part I explains the novel application of the traditional murder offense in Film Recovery Systems and demonstrates that the case fails to lay the foundation for a standardized response to employee endangerment. Part II analyzes the traditional responses of the regulatory and …

Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill

Michigan Law Review

Increases in the number of reported incidents of child abuse and sexual molestation have resulted in more and younger children becoming courtroom participants. Some courts refuse to consider the special needs of the child in this adversarial environment. Relying on questionable precedent, these courts hold that the defendant's right to directly confront the child, as well as strict compliance with evidentiary rules, overrides that child's interest in freedom from embarrassment or psychological trauma. This Note focuses on pressures felt by the testifying child and the ways in which these pressures affect her testimony; it then proposes using videotaped testimony as …

Caging Lyons: The Availability Of Injunctive Relief In Section 1983 Actions, Linda E. Fisher

Loyola University Chicago Law Journal

No abstract provided.

Child Sexual Abuse Cases: Reestablishing The Balance Within The Adversary System, Mary Christine Hutton

University of Michigan Journal of Law Reform

This Article begins with an overview of the adversary process and how it has changed in recent years to respond to the needs of children. The Article highlights two of the goals of the adversary process-(!) testing and probing of two sides to a story, and (2) refraining from a decision until the complete story is told-to examine how they can be retained in spite of these changes. Part II pinpoints the assignment of multiple or poorly-defined roles to the child sexual abuse professionals as one of the potential impediments to preserving the goals of the adversarial system. The performance …

The Burger Court, Lewis F. Powell, Jr.

Washington and Lee Law Review

No abstract provided.

Rights Require Remedies: A New Approach To The Enforcement Of Rights In The Federal Courts, Donald H. Zeigler

Articles & Chapters

No abstract provided.

Change In The Availability Of Federal Habeas Corpus: Its Significance For State Prisoners And State Correctional Programs, Franklin J. Remington

Michigan Law Review

Expressions of dissatisfaction with state prisoner use of federal writs of habeas corpus continue. Recently Attorney General Meese was reported as telling the Judicial Conference of the Seventh Circuit: "[M]ost of the writs filed today were frivolous 'recreational activities' [by inmates whom he referred to as 'lawyers in penitentiaries'] designed to harass federal authorities." Referring to the Reagan administration's proposal pending in the United States Senate to restrict habeas corpus, Mr. Meese said the bill "would preserve the great writ for appropriate cases."

Repeated, but as yet unsuccessful, efforts have been made in the Congress to narrow the scope of …

Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56

Constitutional Law

No abstract provided.

Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan

Antioch Law Journal

In January 1983, the United States Court of Appeals for the Eleventh Circuit decided the case of Hance v. Zant. Establishing a stringent standard apparently in line with the Supreme Court's requirement of heightened reliability in capital cases, the Eleventh Circuit reversed Hance's death sentence. The court held, inter alia, that the prosecutor's inflammatory closing argument at the end of the sentencing phase of the trial was violative of the eighth and fourteenth amendments. Six months later, in a group of four other death penalty cases, the United States Supreme Court dismissed challenges to the sentencing process.2 The Court held …

Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West

Michigan Law Review

This Note attempts to define the boundaries of the indigent criminal defendant's constitutional right to expert assistance, in the light of Ake v. Oklahoma. Part I briefly reviews the Ake decision and examines its constitutional background. Part II inquires into Ake's implications for experts other than psychiatrists and in contexts other than the insanity defense, arguing that the principles that guided the Ake decision have validity well beyond the facts of that case. Part III asks whether the Ake doctrine should be limited to capital cases. Rejecting such a limitation, it concludes that the right to expert assistance …

The Emerging "Victim Factor" In The Supreme Court's Criminal Jurisprudence: Should Victims' Interests Ever Prevent A Court From Overturning A Conviction And Ordering A Retrial?, Roger A. Pauley

Indiana Law Journal

No abstract provided.

Judicially Ordered Social Reform: Neofederalism And Neonationalism And The Debate Over Political Structure, David Rudenstine

Articles

The article examines the ideological divide within the U.S. Supreme Court between neofederalism and neonationalism, two legal theories that shape the Court's approach to federalism and individual rights. Neofederalism emphasizes state autonomy and limits federal intervention in state institutions, while neonationalism advocates for a stronger federal role in protecting individual rights, even if it requires overriding state decisions. This divide significantly influences the Court's rulings on issues such as prison conditions and institutional reform, reflecting broader debates about the role of federalism in social reform and judicial decision-making.

Federal Courts At The Crossroads, Roger J. Miner '56

Bar Associations

No abstract provided.

Research In Judicial Administration: A Judge's Perspective, Conference On Judicial Administration Research, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

A Mandatory Right To Counsel For The Material Witness, Susan Kling

University of Michigan Journal of Law Reform

This Note argues that a uniform statute establishing a mandatory right to counsel should be adopted, at both the state and federal levels, to afford to the material witness protection that the Constitution fails to provide. Part I describes the general scope of the problem and concludes that neither the federal government, the individual states, nor the United States Constitution provides the material witness with a mandatory right to counsel. Part II argues that the material witness should have a statutorily mandated right to counsel. A mandatory right to counsel should be extended to the material witness both for the …

The Duty To Criticize The Courts (Ii), Roger J. Miner '56

Judges

No abstract provided.