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Two Theories Of Criminal Justice, Alsen D. Miller

Michigan Law Review

A Review of A Theory of Criminal Justice by Jan Gorecki, and A Theory of Criminal Justice by Hyman Gross

1981-1982 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Boards – p. 4

Yeshiva University – p. 4

Benjamin N. Cardozo School of Law – p. 4

University Administration – p. 5

Benjamin N. Cardozo School of Law (Overview) – p. 7

A Message From the Dean – p. 7

Administration – p. 9

Faculty – p. 10

Adjunct Faculty – p. 20

Yeshiva University: History and Purpose – p. 23

Benjamin N. Cardozo School of Law: History and Purpose – p. 25

Program – p. 27

Degree Requirements – p. 28

Ethical and Professional Standards – p. 28

Admissions – p. 29

Student Finances – p. 31 …

Language, Audience, And The Transformation Of Disputes, Lynn M. Mather, Barbara Yngvesson

Journal Articles

This article develops an analytic framework for comparing dispute processing within a single institution and across different cultures, by focusing on the transformation of disputes. Case studies from diverse nonwestern and western settings are examined to show how disputes change as they are processed in response to the interests of various participants. Disputants, supporters, third parties, and relevant publics seek to rephrase and thus transform a dispute by imposing established categories for classifying events and relationships (narrowing), or by developing a framework which challenges established categories (expansion). Disputes may be expanded by adding new issues, by enlarging the arena of …

Suppression Of Popular Gatherings In England, 1800-1830, Frank W. Munger

Articles & Chapters

No abstract provided.

Judge Frankel And The Adversary System, William T. Pizzi

Publications

No abstract provided.

The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal

BYU Law Review

No abstract provided.

The Role Of Lawyers: Beyond Advocacy, William Rich

BYU Law Review

No abstract provided.

Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella

Michigan Law Review

It is this Article's thesis that the substitution of plea-bargaining for the criminal trial as our primary method for determining legal guilt requires a fundamental reassessment of our pretrial screening processes. In a system where the prosecutor's decision to file charges is usually followed by a negotiated guilty plea, we can no longer pretend that the pretrial process does not adjudicate the defendant's guilt. Accordingly, this Article argues that it no longer makes sense to rely primarily on the trial to safeguard essential accusatorial principles when pretrial screening devices like the preliminary hearing and the grand jury perform the only …

The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Program From The Thirtieth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the thirtieth Thomas M. Cooley lectures, held October 21-23, 1980, at the University of Michigan Law School. The lecture series was "The Changing Legal World of Adolescence" by Franklin E. Zimring.

Recent Publications, Paul Heng-Chao Chen, Paul Hoffman, Gilbert Sharpe, Glenn Sawyer, Leon Friedman, Catharine A. Mackinnon, Edward Dumbauld

Vanderbilt Law Review

Chinese Legal Tradition Under the Mongols: The Code of 1291 as Reconstructed. By Paul Heng-chao Ch'en

The author's analysis of the "New Code" leads him to two conclusions: that the Yuan penal system was more lenient than its predecessors in imposing lesser punishments for minor offenses, and that the Mongol-Chinese partnership of the Yuan dynasty developed one of the most impressive and mature judicial systems that imperial China ever had for the administration of justice. He therefore argues that Chinese law in the time of Marco Polo was much less barbaric than has traditionally been thought.

Courthouse. By Paul Hoffman. …

Comment: Law And Disorder In Nineteenth-Century Kentucky, Mary K. Bonsteel Tachau

Vanderbilt Law Review

Robert M. Ireland's Article, "Law and Disorder in Nineteenth-Century Kentucky," centers on the state constitutional conventions of 1849 and 1890-1891, spiced with newspaper accounts, statutes,court cases, and legislative records. He has said that his Article presents a preliminary overview of some of the principal problems of the criminal justice system of nineteenth-century Kentucky. I hope this means he intends to continue his study so that soon we can expect a full examination of the criminal justice system in that state. I also hope that other scholars then will be inspired by his example to examine other contemporary state criminal justice …

Program From The Twenty-Eighth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-eighth Thomas M. Cooley lectures, held February 5-7, 1979, at the University of Michigan Law School. The lecture series was "The Burger Court and Free Expression" by Robert H. Bork and Norman Dorsen.

Program From The Twenty-Ninth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-ninth Thomas M. Cooley lectures, held October 22-24, 1979, at the University of Michigan Law School. The lecture series was "Nonsense on Stilts? The New Law and Economics Twenty Years Later" by Guido Calabresi.

Controlling Firearms, John Kaplan

Cleveland State Law Review

One may ask why I am beginning a lecture entitled "Controlling Firearms" with analogies between drugs and alcohol. The reason is simple: I propose to draw an analogy between drugs and firearms. Part of the reason for this is that I have worked in the drug area for over a decade while my interest in guns is much more recent. In addition, the similarities in the way we discourse about drug control and about firearms control are striking. Finally, and most important, the issues with which we grapple in the drug control area may, on examination, turn out to be …

A Prison And A Prisoner: The Provincial's View, Emily Calhoun

Publications

No abstract provided.

The Law As A Path To The World, Francis A. Allen

Michigan Law Review

Many years ago the late Mr. Justice Oliver Wendell Holmes observed: "The law is a small subject (though ... it leads to all things) .... " The comments that follow are an elaboration of Justice Holmes's theme. It will be asserted that one characteristic of legal studies, properly pursued, is that they lead to a fuller understanding of the larger world of which the law and its institutions are a part. Because the law leads to a larger world of persons, events, and ideas, it claims the attention even of those possessing no interest in acquiring professional legal skills. This …

Recent Publications, Journal Staff

Vanderbilt Law Review

Bar Admission Rules and Student Practice Rules

Edited by Fannie J. Klein with contributions by Ms. Klein, Steven H. Leleiko, and Jane H. Mavity

In this single volume, the Council on Legal Education for Professional Responsibility provides the first comprehensive collection of state and federal bar admission and law student practice rules. - - - - - - - - -

Desegregation from Brown to Alexander: An Exploration of Supreme Court Strategies

By Stephen Wasby, Anthony D'Amato,and Rosemary Metrailer.

In 1954, the United States Supreme Court in Brown v. Board of Education (Brown I) held that "separate" education for blacks …

The Evolution Of State Supreme Courts, Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedman, Stanton Wheeler

Michigan Law Review

Part I of this Article describes in broad quantitative terms the changing relationship between the caseload of supreme courts and the population of the states in which these courts sit. Part II examines the various means states used to control supreme court caseloads, the political problems involved, and the types of courts that have resulted. Part III presents evidence that changes in court organization in response to caseload pressure are accompanied by changes in the kinds of cases state supreme courts hear, the style of their opinions, and the results of the cases.

Program From The Twenty-Seventh Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-seventh Thomas M. Cooley lectures, held April 11-12, 1978, at the University of Michigan Law School. The lecture series was "Science in the Courts" by Harold Leventhal.

Crisis In The Courts: Proposals For Change, Griffin B. Bell

Vanderbilt Law Review

The popular conception of the crisis in the courts focuses upon the condition of the courts and particularly upon the increasing volume of disputes that are presented for resolution. For example,Judge Ruggero J. Aldisert of the Third Circuit, one of the busiest federal circuits, has observed: "The reality is that today there is a mad rush to the Federal courts." The available statistics reflect Judge Aldisert's observation. For instance, according to the most recent report of the Administrative Office of the United States Courts, record numbers of cases have been filed in the circuit and district courts during the past …

Conflicts Of Interest And The Changing Concept Of Marriage: The Congressional Compromise, Michigan Law Review

Michigan Law Review

The number of women, including married women, seeking prominent positions in American business and government has increased rapidly in recent years, and this development raises serious questions regarding potential conflicts of interest between spouses who work either in related areas of the public and private sectors or solely within the public sector. Specifically, when one spouse is a member of Congress, conflicts of interest can occur if the other spouse occupies a high-level position in private industry or in the executive branch of the government. This Note examines the potential dangers in these employment arrangements of members of Congress and …

Central Problems Of American Criminal Justice, Francis A. Allen

Michigan Law Review

At periodic intervals during the present century the American "crime problem" has aroused agitated public discussion. At these times both publicists and ordinary citizens are likely to assume that the disturbing conditions have suddenly arisen and are wholly unlike anything experienced before. In considering the crime problem, the beginning of wisdom may lie in the discovery that this is a problem with a history. Crime and its control did not suddenly become significant in the late 1960s, at the end of World War II, or even with the launching of the prohibition experiment at the conclusion of the first great …

Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers

Articles

Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …

Program From The Twenty-Sixth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-sixth Thomas M. Cooley lectures, held March 21-24, 1977, at the University of Michigan Law School. The lecture series was "Judicial Review and the National Political Process" by Jesse H. Choper.

Book Reviews, Frank J. Remington, George B. Tindall

Vanderbilt Law Review

Fair and Certain Punishment

Review by Frank J. Remington

Punishing Criminals. By Ernest van den Haag. New York: BasicBooks, Inc., 1975. Thinking About Crime. By James Q. Wilson. New York: BasicBooks, Inc., 1975.

Times change. So also do opinions about important social problems such as crime and government's response to crime. The books of both van den Haag and Wilson reflect changing opinions on crime and on what to do about crime. Both urge that we abandon the view that social conditions are an important cause of crime and that an improvement in social conditions will reduce crime substantially.Both urge …

Mobilizing Private Law, Richard O. Lempert

Book Chapters

The mobilization of law may be thought of as the process by which legal norms are invoked to regulate behavior. In the area of private law, mobilization has two distinct aspects. The first is the process by which existing disputes become engaged in the legal system. In theory this means that disputes are transferred from an arena where their resolution and the enforcement of resolutions depends on the relative power of the parties as enhanced or constrained by non-governmental normative systems to an arena where disputes are resolved by reference to governmental (legal) norms and resolutions enforced by the power …

The Protection Of Aliens From Discrimination And World Public Order: Responsibility Of States Conjoined With Human Rights, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Developing The Role Of Law In Social Change: Past Endeavors And Future Opportunities In Latin America And The Caribbean, A. López Valdez

University of Miami Inter-American Law Review

No abstract provided.

Program From The Twenty-Fifth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-fifth Thomas M. Cooley lectures, held November 3-5, 1975, at the University of Michigan Law School. The lecture series was "The Emergence of an American Theory of Law" by Stanley M. Katz, Morton J. Horwitz, and William E. Nelson.