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Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar Jan 1998

Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar

Articles

Now that the U.S. Supreme Court has upheld New York and Washington state laws prohibiting the aiding of another to commit suicide,2 the spotlight will shift to the state courts, the state legislatures and state referenda. And once again proponents of physician-assisted suicide (PAS) will point to a heartwrenching case, perhaps the relatively rare case where a dying person is experiencing unavoidable pain (i.e., pain that not even the most skilled palliative care experts are able to mitigate), and ask: What would you want done to you if you were in this person's shoes?

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The University Of Michigan Law School Bulletin 1997-1999, University Of Michigan Law School Nov 1997

The University Of Michigan Law School Bulletin 1997-1999, University Of Michigan Law School

Law School Announcement and Bulletins

Contents; A Letter from the Dean; The Idea of Michigan; Faculty and Facilities; The Law Curriculum; Career Services and Public Service; The J.D. Program: Admissions; The J.D. Program: Financial Aid; The J.D. Program: Graduation, Honors, and Prizes; Graduate Law Study; The Law School Community; Living in Ann Arbor; Officers and Faculty; Law School Calendar 1997-1999; Map; Index; A Letter from the President.

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The Path To Habeas Corpus Narrows: Interpreting 28 U.S.C. § 2254(D)(1), Sharad Sushil Khandelwal Nov 1997

The Path To Habeas Corpus Narrows: Interpreting 28 U.S.C. § 2254(D)(1), Sharad Sushil Khandelwal

Michigan Law Review

The enforcement of the U.S. Constitution within the criminal justice system is an odd subspecies of constitutional law. In areas other than criminal law, federal courts act as the ultimate guarantors of constitutional rights by providing remedies whenever violations occur. Criminal law, however, is different by necessity; the bulk of criminal justice occurs in state courthouses, leaving constitutional compliance largely to state judges. The U.S. Supreme Court, of course, may review these decisions if it chooses, but a writ of certiorari can be elusive, especially given the Court's shrinking docket. After World War II, however, this feature of criminal constitutional …

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Recent Books, Michigan Law Review Nov 1997

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by the Michigan Law Review.

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Vol. 48, No. 3, October 3, 1997, University Of Michigan Law School Oct 1997

Vol. 48, No. 3, October 3, 1997, University Of Michigan Law School

Res Gestae

•Tech Wars •The FBI v. the 1st Amendment •Larry Kills His Parakeet •Vending Machine Alternatives •Eric Fuller Gets a Warm Fuzzy and Free Pitcher •Go See a Flick •Blanks Fails to Turn in His Article •B&B Eavesdrop in Room 200

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Faculty, University Of Michigan Law School Oct 1997

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Hammer, students get caught in Cambodian coup; A long nights journey into day; Activities; The (helpful) long arm of the law; Visiting faculty lend variety of perspectives; Ronald Mann joins Law School faculty; Faculty publications

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Alumni, University Of Michigan Law School Oct 1997

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law School graduates accept clerkships throughout U.S.; The place where the world meets; Hong Kong - the future here is an adventure to be lived; One in a million; Campaign progress repon; Endowments aid students, battle rising costs; Class notes; In memoriam

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Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan Oct 1997

Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan

Michigan Law Review

It's axiomatic that "ignorance of the law is no excuse." My aim in this essay is to examine what the "mistake of law doctrine" reveals about the relationship between criminal law and morality in general and about the law's understanding of moral responsibility in particular. The conventional understanding of the mistake of law doctrine rests on two premises, which are encapsulated in the Holmesian epigrams with which I've started this essay. The first is liberal positivism. As a descriptive claim, liberal positivism holds that the content of the law can be identified without reference to morality: one needn't be a …

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Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan Aug 1997

Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan

Michigan Law Review

The explosive collision of economics and sociology has long illuminated the landscape of deterrence theory. It is a debate as hopeless as it is spectacular. Economics is practical but thin. Starting from the simple premise that individuals rationally maximize their utility, economics generates a robust schedule of prescriptions - from the appropriate size of criminal penalties,1 to the optimal form of criminal punishments, to the most efficient mix of private and public investments in deterrence. Yet it is the very economy of economics that ultimately subverts it: its account of human motivations is too simplistic to be believable, and it …

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Recent Books, Michigan Law Review Aug 1997

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

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Faculty, University Of Michigan Law School Jul 1997

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Miller dissects digust; Reimann examines American law, earns honors for earlier book; Faculty members honor two new casebooks; Activities; Debate topics: physician-assisted suicide and Miranda; Physcian-assisted suicide: a postmortem; White, Ponoroff win teaching awards.

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Faculty, University Of Michigan Law School Apr 1997

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Jerold Israel: Colleague, friend, teacher; Professor John Reed: students keep your teaching fresh; Whitman replaces Syverud as associate dean; visiting and adjunct faculty broaden study offerings; Law School faculty add to MLS annual meeting; Justice Department honors Kauper for antitrust move against AT&T; a "particularly fitting" time to honor Don Duquette; U.S. Supreme Court draws on faculty work; activities

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Foreword: "Racialism" And Reason, Frank I. Michelman Feb 1997

Foreword: "Racialism" And Reason, Frank I. Michelman

Michigan Law Review

Clueless, I am not; but still I can wonder why I, of all people, was recruited to write a foreword for this symposium - sight unseen, before its component papers had even been submitted. Neither legal representation nor the teaching of it has ever been for me a main activity or focus of scholarly reflection. Although I have written occasionally about race - in defense of busing, on the side of affirmative action - no one could mistake me for a critical race theorist. I am the original-model imperial scholar, as of last report only partially redeemed. "Liberal" is the …

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Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell Feb 1997

Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell

Michigan Law Review

For attorneys of color, the concept of "representing race" within the context of everyday legal practice is neither new nor voluntarily learned; at a basic level, it is what we do whenever we enter a courtroom or conference room in the predominantly white legal system of this country.

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Straightjacketing Professionalism: A Comment On Russell, David B. Wilkins Feb 1997

Straightjacketing Professionalism: A Comment On Russell, David B. Wilkins

Michigan Law Review

Professor Russell's essay sounds a much needed cautionary note about the public's characterization of Christopher Darden and Johnnie Cochran both during and after the spectacle of O.J. Simpson's criminal trial. Russell cogently argues that Darden and Cochran's choices, as well as those of other black lawyers confronting similar problems, must be evaluated against the backdrop of racism that devalues and constrains the lives of African Americans in general and African-American lawyers in particular. Black lawyers, Russell insists, not only face "glass ceilings" inhibiting their advancement, but must also live inside "glass bubble[s] ... that severely circumscribe[ ] the flexibility and …

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Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn Feb 1997

Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn

Michigan Law Review

Welfare "as we know it" ended in 1996, a victim of a conservatism that views welfare recipients as lazy and immoral. One aspect of welfare that is, however, unlikely to experience radical change is child support. More vigorous child support enforcement has become an increasingly important component of federal welfare reform bills over the past two decades because of the twin hopes of fiscal and parental responsibility: first, that child support will reimburse welfare costs, and second, that fathers will take more responsibility for their children. Child support programs within the welfare system perpetuate a negative perception of poor people. …

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Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Feb 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …

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Naming The Grotesque Body In The "Nascent Jurisprudence Of Transsexualism", Richard F. Storrow Jan 1997

Naming The Grotesque Body In The "Nascent Jurisprudence Of Transsexualism", Richard F. Storrow

Michigan Journal of Gender & Law

After a description of an analytical framework constructed of theories drawn from the writings of Mikhail Bahktin, Roland Barthes, and Sigmund Freud, this Article discusses the discrepancies in courts' use of medical authority in cases considering the rights of transsexuals and then analyzes courts' ultimate refusal to recognize transsexuals' psychological sex. The thrust of this Article is an examination of the forces compelling such inconsistencies. The result is an analysis which interweaves medical, juridical, psychological and mythic perspectives to disclose the underpinnings of courts' antipathy toward transsexuals.

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Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell Jan 1997

Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell

Michigan Journal of Race and Law

Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of a larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates …

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Watching The Watchdog: Security Oversight Law In The New South Africa, Christopher A. Ford Jan 1997

Watching The Watchdog: Security Oversight Law In The New South Africa, Christopher A. Ford

Michigan Journal of Race and Law

This Article attempts to assess the experiences of post-apartheid South Africa in the realm of national security law by examining key issues from constitutional, statutory, and policy perspectives. It observes that South Africans now have a great "window of opportunity" that allows them to establish the habits and mores necessary to a working security oversight regime, and argues that the way in which South Africa strikes a balance between the requirements of national security and the preservation of personal liberties is of enormous importance to the Republic's future. It further contends that South Africa's choices in this arena could have …

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Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi Jan 1997

Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi

Michigan Journal of International Law

This article critiques the rape laws of Pakistan from an Islamic point of view which is careful to include women's perspectives in its analysis. Unlike much of what is popularly presented as traditional Islamic law, this woman-affirming Islamic approach will reveal the inherent gender-egalitarian nature of Islam, which is too often ignored by its academics, courts, and legislatures. This article will demonstrate how cultural patriarchy has instead colored the application of certain Islamic laws in places like Pakistan, resulting in the very injustice which the Quran so forcefully condemns.

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Confrontation And The Definition Of Chutzpa, Richard D. Friedman Jan 1997

Confrontation And The Definition Of Chutzpa, Richard D. Friedman

Articles

You may know the standard illustration of chutzpa - the man who kills both his parents and then begs the sentencing court to have mercy on an orphan. In this article, I discuss a case of chutzpa that is nearly as outlandish - the criminal defendant who, having rendered his victim unavailable to testify, contends that evidence of the victim's statement should not be admitted against him because to do so would violate his right to confront her. I contend that in a case like this the defendant should be deemed to have forfeited the confrontation right. On the same …

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Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles Jan 1997

Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles

Michigan Journal of Race and Law

The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …

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South Africa's Amnesty Process: A Viable Route Toward Truth And Reconciliation, Emily H. Mccarthy Jan 1997

South Africa's Amnesty Process: A Viable Route Toward Truth And Reconciliation, Emily H. Mccarthy

Michigan Journal of Race and Law

The road to democracy for South Africa was based on compromise. One of the most significant compromises made by the negotiators was the acceptance of an amnesty process culminating in the passage of the Promotion of National Unity and Reconciliation Act of 1995. The Act grants full indemnity from criminal and civil prosecution to anyone affiliated with a political organization who committed an "act associated with a political objective" and who fully discloses all relevant facts. The purpose of the Act is twofold: to establish the "truth" about the apartheid past and to promote "reconciliation" among South Africans. Unfortunately, such …

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Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman Jan 1997

Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman

Articles

It has been surprisingly difficult to extricate constitutional litigation from torts. In this Article I would like to resist once more' the idea that tort doctrines and tort categories provide a useful model for constitutional decision-making. When it comes to deciding the merits of a constitutional claim, torts is a distraction. That is the case whether torts serves as a positive model for the constitutional cause of action or as an alternative to be shunned. As part of this argument, I also question the claim2 that Monroe v. Pape,3 the 1961 case that opened the door for damages relief under …

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Crime, Politics, And Race (Symposium: Justice And The Criminal Justice Process), Samuel R. Gross Jan 1997

Crime, Politics, And Race (Symposium: Justice And The Criminal Justice Process), Samuel R. Gross

Articles

The biggest problem with the criminal justice system is that too many crimes are committed-too many rapes, too many murders, too many robberies; too much violence that inflicts an untold amount of suffering and destruction on too many people. If that seems obvious, what follows should be equally obvious. The most important step to take to solve the problems of the criminal justice system is to reduce the number of crimes that are committed: to prevent crimes. The best thing we can do to help the victims of crime is to keep them from becoming victims in the first place. …

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Recent Books, Michigan Law Review Nov 1996

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

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Vol. 47, No. 3, October 7, 1996, University Of Michigan Law School Oct 1996

Vol. 47, No. 3, October 7, 1996, University Of Michigan Law School

Res Gestae

•Federalist Society Sponsors Affirmative Action Debate •Journal Moratorium Ends •Jesse Jackson Gets Down With the Vote •Prof. Reed Begins 51st Year of Teaching •Computerization May End Enrollment Woes •Commentary: The Alcohol Policy •Blanks' Culture Corner •Hey, Third Year •B&B's BS Write Your Own Ding Letter

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Faculty, University Of Michigan Law School Oct 1996

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Visiting and adjunct faculty enrich Law School offerings; Scarnecchia named leadership fellow; St. Antoine wins University faculty governance award; publications reflect hard-working, intellectually productive faculty

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Faculty Spotlight, University Of Michigan Law School Oct 1996

Faculty Spotlight, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Energy, commitment and a concern for teaching and research are the hallmarks of a dozen Law School faculty members who tell you why they do what they do. With comment from faculty colleagues and students and introductions by Dean Lehman and Dean Emeritus Francis A. Allen.

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