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Losing The Right To Confront: Defining Waiver To Better Address A Defendant's Actions And Their Effects On A Witness, David J. Tess

University of Michigan Journal of Law Reform

Part I of this Note examines the current legal landscape regarding a defendant's waiver of the right to confrontation. This Part explores the justifications courts have provided for finding a waiver of the confrontation right, both through the use of the traditional "intentional relinquishment of a known right" standard and the less precise formulations of waiver found in cases of defendant misconduct. Part II offers a critique of the reasoning courts employ to find waiver of the right to confrontation. In the process, the analysis explores general theories of waiver which have been advanced by other commentators. In so doing, …

Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber

Michigan Law Review

A Review of Hegel's Political Philosophy: Interpreting the Practice of Legal Punishment by Mark Tunick

Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra Ann Livingston

Michigan Law Review

A Review of Above the Law: Police and the Excessive Use of Force by Jerome H. Skolnick and James J. Fyfe

Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen

Michigan Law Review

The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.

Second, …

A Practitioner's Guide To The Maastricht Treaty, Michael H. Abbey, Nicholas Bromfield

Michigan Journal of International Law

Before undertaking a section by section summary of the Maastricht Treaty, this article will briefly discuss some of the highlights of the Treaty and the prospects for European Monetary Union.

Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley

Michigan Journal of International Law

This article analyzes the permissibility of such a derogation under the Covenant and under general international law. Part I of this article outlines the historical development of Israel's declaration of a continuous state of emergency and its justification for detention without trial. Part II examines international rules on detention and derogation. Part III establishes a standard for declaring a state of emergency and applies this standard to Israel's declaration, with respect both to Israel's own territory and to the Palestinian territories occupied by Israel. Finally, Part IV inquires whether Israel will apply the Covenant as a matter of domestic law.

Prosecutors' Peremptory Challenges - A Response And Reply, Lynn A. Helland, Sheldon N. Light, William J. Richards

Law Quadrangle (formerly Law Quad Notes)

Three federal trial attorneys disagree with Professor Richard Friedman's proposal to eliminate the prosecution's peremptories, while Friedman defends his view.

Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman

Articles

In Part I of this Comment, I present a short version of my argument against the admissibility of character impeachment evidence of criminal defendants, showing how the key elements ofthis argument are present in Professor Uviller's own Article. In Part II, I suggest that, notwithstanding Professor Uviller's comments to the contrary, an asymmetrical result-never admitting character evidence to impeach criminal defendants but admitting such evidence in some circumstances to impeach other witnesses- is perfectly reasonable. Finally, in Part III, I contend that Professor Uviller's interesting judicial surveys support the solution I have proposed for the problem of character impeachment evidence.

Periodical Index, Michigan Law Review

Michigan Law Review

A List of Periodicals Received by the Michigan Law Review

The University Of Michigan Law School Bulletin 1993-1995, University Of Michigan Law School

Law School Announcement and Bulletins

A Letter from the Dean; The Idea of Michigan; Faculty and Facilities; The Law Curriculum; Career Planning and Placement; 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 1993-1995; Map; Index;

Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler

Michigan Law Review

This Note argues that the Multiple Punishment Doctrine prohibits the imposition of concurrent convictions and sentences upon criminal defendants found guilty of engaging in a CCE and conspiring to violate narcotics laws. Part I surveys the values underlying the Multiple Punishment Doctrine and traces the evolution of the Supreme Court's application of the doctrine to modern criminal law. Part II examines the various methods employed by the circuit courts of appeals to deal with simultaneous convictions and sentences for CCE and conspiracy. Part III reviews the test, identified in Part I, that the Supreme Court has implicitly utilized to analyze …

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 91: Subject Index, Articles, Notes, Authors, Books Reviewed

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by the Michigan Law Review

Plus Ҫa Change, Paul Brest

Michigan Law Review

Harry Edwards and I both finished law school in 1965, and his article presents an occasion to consider how much the legal academy has changed during the intervening years. Animating Judge Edwards' complaints about the contemporary legal academy is a nostalgia for happier days. His images are of decline - of a growing disjunction between the academy and practice, of law schools' abandoning their proper missions, of their movement toward pure theory. My own view is quite different. Except for some noteworthy demographic transformations and a healthy broadening of the academic agenda, legal education has changed little during these almost …

Legitimating Death, Louis D. Bilionis

Michigan Law Review

This article arrives at the surprising conclusion that a meaningful Eighth Amendment death penalty jurisprudence lives on, that it is a quite intelligible jurisprudence, and that it is driven by a coherent methodology with firm roots in the traditions of constitutional adjudication.

To reach that conclusion, it is helpful first to have some sense of what the Supreme Court has been doing in the death penalty area lately. Part I thus presents a topical review of the Court's recent work, identifying the themes that now dominate, pointing out the concerns those themes raise, and asking whether any sense can be …

The Ethics Of Criminal Defense, William H. Simon

Michigan Law Review

A large literature has emerged in recent years challenging the standard conception of adversary advocacy that justifies the lawyer in doing anything arguably legal to advance the client's ends. This literature has proposed variations on an ethic that would increase the lawyer's responsibilities to third parties, the public, and substantive ideals of legal merit and justice.

With striking consistency, this literature exempts criminal defense from its critique and concedes that the standard adversary ethic may be viable there. This paper criticizes that concession. I argue that the reasons most commonly given to distinguish the criminal from the civil do not …

Are Criminal Defenders Different?, David Luban

Michigan Law Review

No one has done more to expose the jurisprudential incoherence of this view of legal practice than William Simon. In his 1978 article, The Ideology of Advocacy, Simon demonstrated a series of internal contradictions in the most promising attempts to justify the ideology of advocacy. Subsequently, in Ethical Discretion in Lawyering, Simon elaborated an alternative view according to which lawyers must exercise independent judgment in both their choice of clients and their choice of means in pursuing client ends.

In Simon's view, those who carve out the criminal defense exception have been taken in by what he calls …

Periodical Index, Michigan Law Review

Michigan Law Review

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

The Care And Feeding Of The United States Constitution, Abner J. Mikva

Michigan Law Review

A Review of The Intelligible Constitution by Joseph Goldstein

Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday

Michigan Law Review

A Review of Virgin or Vamp: How the Press Covers Sex Crimes

The Adventures Of Eric Blair, George P. Fletcher

Michigan Law Review

A Review of The Brothel Boy and Other Parables of the Law by Norval Morris

Capital Punishment's Future, Welsh S. White

Michigan Law Review

A Review of Capital Punishment in America by Raymond Paternoster

Administering Justice In A Consensus-Based Society, Koichiro Fujikura

Michigan Law Review

A Review of Authority Without Power: Law and the Japanese Paradox by John O. Haley

Vol. 43, No. 9, March 22, 1993, University Of Michigan Law School

Res Gestae

•Harvard Leaks Vote on MacKinnon Offer •UM Settles Pornography Dispute •LSSS Elections: Youthful Experience Dominates •Legal World Rocked by Controversy •This Full House Should Have Been Flushed •New Externship Rule: Burr on Law School's Butt •Family Law Project Undergoes Changes •Fall Grades •The Docket •1993 SFF Auction Raises Needed Funds •The 'Royal Mail' has Arrived •Law in the Raw

Periodical Index, Michigan Law Review

Michigan Law Review

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

Periodical Index, Michigan Law Review

Michigan Law Review

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

An Asymmetrical Approach To The Problem Of Peremptories, Richard D. Friedman

Law Quadrangle (formerly Law Quad Notes)

The Supreme Court's decision in Batson v. Kentucky, and the extension of Batson to parties other than prosecutors, may be expected to put pressure on the insitution of peremptory challenges. In this article, Professor Richard Friedman contends that peremptories for criminal defendants serve important values of our criminal justice system. He then argues that peremptories for prosecutors are not as important, and that it may no longer be worthwhile to maintain them in a system of peremptories consistent with Batson. Friedman concludes that the asymmetry of allowing peremptories in a criminal case only for the accused is not troublesome.

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Third edition of Securities Regulation crafted by Seligman; Shaw on leave to NAACP Legal Defense Fund; Kamisar honored with the Darrow Professorship; Weiler departs; Israel completes service to Michigan commission.

Prostitution: Where Racism & Sexism Intersect, Vednita Nelson

Michigan Journal of Gender & Law

Black women find themselves in a unique and extremely difficult position in our society. They are forced to deal with the oppression that arises from being Black in a white-supremacist culture and the oppression that arises from being female in a male-supremacist culture. In order to examine the experience of being Black and female, this paper attempts to describe that very difficult, tight space where Black women attempt to survive-that space where racism and sexism intersect.

Why Do Jury Research?, Richard O. Lempert

Book Chapters

Inside the Juror presents the most interesting and sophisticated work to date on juror decision making from several traditions - social psychology, behavioural decision theory, cognitive psychology, and behavioural modeling. The authors grapple with crucial questions, such as: why do jurors who hear the same evidence and arguments in the courtroom enter the jury room with disagreements about the proper verdict? how do biases and prejudices affect jurors' decisions? and just how 'rational' is the typical juror? As an introduction to the scientific study of juror decision making in criminal trials, Inside the Juror provides a comprehensive and understandable summary …