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Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green

Articles

The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …

Chopping Miranda Down To Size, Michael Chertoff

Michigan Law Review

A Review of Confessions, Truth, and the Law by Joseph D. Grano

Putting Women First, Mary Coombs

Michigan Law Review

A Review of Gender, Crime, and Punishment by Kathleen Daly

In Defense Of Lawyers, Geoffrey C. Hazard Jr.

Michigan Law Review

A Review of A Nation Under Lawyers: How the Crisis In the Legal Profession is Transforming American Society by Mary Ann Glendon

Improving Constitutional Criminal Procedure, Welsh S. White

Michigan Law Review

A Review of The Failure of the Criminal Procedure Revolution by Craig M. Bradley

History's Stories, Stephan Landsman

Michigan Law Review

A Review of Stories of Scottsboro by James Goodman

Revolution In The Balance: Law And Society In Contemporary Cuba, Eugene Whitlock

Michigan Law Review

A Review of Revolution in the Balance: Law and Society in Contemporary Cuba by Debra Evenson

The Romance Of Revenge, Samuel R. Gross

Law Quadrangle (formerly Law Quad Notes)

An alternative history of Jeffrey Dahmer's trial shows what the death penalty can do to a homicide case under extreme circumstances. Our system of capital punishment is slow, passionless, impersonal, unreliable, rarely exercised, and costly. Still, it's not likely to change much for the death penalty we have is the death penalty we want.

Excerpted with permission from an article first published in Studies in Law, Politics and Society, Vol. 13, pp.71-104 (1993), by permission of the publisher, JAI Press Inc.

Vol. 45, No. 6, March 6, 1995, University Of Michigan Law School

Res Gestae

•New Public Interest Director •Spring Break-In •Drew Days •Flip the Bird •Law Revue Revived •SFF Pledge Campaign Enters Final Week •First Annual Spring Love-In •The Final Excuse •Weekend Party Predictions •Those Damn Professors

On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar

Articles

Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.

Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow

Michigan Law Review

In Part I of this article, we examine the global puzzle of the Self-Incrimination Clause and the local confusion or perversion lurking behind virtually every key word and phrase in the clause as now construed. In Part II we elaborate our reading of the clause and show how it clears up the local problems and solves the overall puzzle.

Periodical Index, Michigan Law Review

Michigan Law Review

A List of Periodicals by the Michigan Law Review

Class Of 1995 Five Year Report Alumni Comments, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This addendum is a compilation of alumni responses to the open-ended comments sections.

Feature: Learning The Practical Side Of Scholarship

Law Quadrangle (formerly Law Quad Notes)

For generations, law students have enhanced their education by working on a law journal. In addition to honing their writing, research, and analytical skills, they learn valuable life lessons about working with all kinds of people, motivating others, meeting deadlines,and handling the details involved with printing and mailing a tangible product. Of course, as a sign of good grades, hard work, and strong writing ability, hournal experience gives students a leg up in the job market, and it's a critical first step to a scholarly career.

Furthering The Accountability Principle In Privatized Federal Corrections: The Need For Access To Private Prison Records, Nicole B. Cásarez

University of Michigan Journal of Law Reform

As American prisons face unprecedented overcrowding, both the federal and various state governments have engaged private entrepreneurs to operate correctional facilities on a for-profit basis. In the federal context, one overlooked consequence of prison privatization involves decreased public access to prison records. When a federal agency delegates a public function, like the provision of correctional services, to a private contractor, the agency frustrates the purpose of the Freedom of Information Act. Prison records that otherwise would have been available to the public become insulated from disclosure by virtue of the contractor's nonagency status. To safeguard prisoners' liberty interests and well-being, …

Books Received, Michigan Journal Of International Law

Michigan Journal of International Law

List of books received by the Journal.

Nothing But The Truth? Transitional Regimes Confront The Past, Joan Fitzpatrick

Michigan Journal of International Law

Review of Impunity and Human Rights in International Law and Practice (Naomi Roht-Arriaza ed.)

Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar

Articles

I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization.

The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross

Articles

On Feb. 17, 1992, Jeffrey Dahmer was sentenced to fifteen consecutive terms of life imprisonment for killing and dismembering fifteen young men and boys. Dahmer had been arrested six months earlier, on July 22, 1991. On Jan. 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on Jan. 30. The jury heard two weeks of horrifying testimony about murder, mutilation and necrophilia; they deliberated for five hours before finding that Dahmer was sane when he committed thos crimes. After …

The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar

Articles

Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda v. Arizona.

Probability And Proof In State V. Skipper: An Internet Exchange, Ronald J. Allen, David J. Balding, Peter Donnelly, Richard D. Friedman, David H. Kaye, Lewis Henry Larue, Roger C. Park, Bernard Robertson, Alexander Stein

Articles

This is not a conventional article. It is an edited version of messages sent to an Internet discussion list. The listings begin with the mention of a recent opinion of the Connecticut Supreme Court, parts of which are reproduced below. The listings soon move to broader issues concerning probability and other formal systems, their limitations, and their uses either in court or as devices for understanding legal proof.

Asymmetrical Peremptories Defended: A Reply, Richard D. Friedman

Articles

Three years ago, with the publication of his article ''An Asymmetrical Approach to the Problem of Peremptories" in this journal, Professor Friedman initiated a debate on the subject that was taken up in 1994 by three prosecutors who offered a rebuttal that was also printed in these pages. Professor Friedman continues the debate.

Periodical Index, Michigan Law Review

Michigan Law Review

A List of Periodicals by the Michigan Law Review

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by the Michigan Law Review

The Punishment Of Hate: Toward A Normative Theory Of Bias-Motivated Crimes, Frederick M. Lawrence

Michigan Law Review

This article explores how bias crimes differ from parallel crimes and why this distinction makes a crucial difference in our criminal law. Bias crimes differ from parallel crimes as a matter of both the resulting harm and the mental state of the offender. The nature of the injury sustained by the immediate victim of a bias crime exceeds the harm caused by a parallel crime. Moreover, bias crimes inflict a palpable harm on the broader target community of the crime as well as on society at large, while parallel crimes do not generally cause such widespread injury.

The distinction between …

The Anticaste Principle, Cass R. Sunstein

Michigan Law Review

In this essay, I seek to defend a particular understanding of equality, one that is an understanding of liberty as well. I call this conception "the anticaste principle." Put too briefly, the anticaste principle forbids social and legal practices from translating highly visible and morally irrelevant differences into systemic social disadvantage, unless there is a very good reason for society to do so. On this view, a special problem of inequality arises when members of a group suffer from a range of disadvantages because of a group-based characteristic that is both visible for all to see and irrelevant from a …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Poverty warrior Donald Anderson; environmental litigator Brian O'Neill; class notes and deaths.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Bollinger's parting thoughts; Lehman takes the helm of the law school; lL wins a Pulitzer; clerkships; the Cook and Cooley lectures; Cosby launches the Give Something Back program; bridge week, civil rights, and more.