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University of Michigan Law School

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Books Received, Michigan Law Review Aug 1980

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Books Received, Michigan Law Review Jun 1980

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Police Interrogation And Confessions, Yale Kamisar Apr 1980

Police Interrogation And Confessions, Yale Kamisar

Law Quadrangle (formerly Law Quad Notes)

Excerpts taken from and based on Professor Kamisar's introduction to his book Police Interrogation and Confessions: Essays in Law and Policy (University of Michigan Press, 1980).These essays, written over two decades, constitute an historical overview of the Supreme Court's efforts to deal with the police interrogation-confessions problem from preMirando days to the present time and provide provocative analyses of the issues that have confronted the Court along the way.

Before deciding to publish a collection of Kamisar's essays on confessions, the University of Michigan Press asked for evaluations from two of the current leading writers on the subject, Professor Joseph …


Sentencing: The Dilemma Of Discretion, Jerold Israel Apr 1980

Sentencing: The Dilemma Of Discretion, Jerold Israel

Law Quadrangle (formerly Law Quad Notes)

Excerpts taken from Professor Israel's revision of Hazel B. Kerper's Introduction to the Criminal Justice System (West Publishing Co. 1979). This book is a widely used beginning text for undergraduates . It concentrates on presenting a broad overview of the basic features of the criminal justice process. This is Professor Israel's first experience writing for undergraduates, and he reports that it is "far more difficult, in many ways" than traditional law review writing. Since sentencing reform is a major topic of concern today, we thought this excerpt might prove of interest to those of our readers who may have only …


Police Use Of Cctv Surveillance: Constitutional Implications And Proposed Regulations, Gary C. Robb Apr 1980

Police Use Of Cctv Surveillance: Constitutional Implications And Proposed Regulations, Gary C. Robb

University of Michigan Journal of Law Reform

This article evaluates the constitutionality of CCTV "searches." Part I discusses the present uses being made of closed circuit technology and evaluates the merits of the CCTV surveillance system. The critical policy trade-off is the system's effectiveness in combatting crime against the resulting loss of privacy to individual citizens.

Part II considers the constitutional implications of CCTV use in terms of three major doctrines: the Fourth Amendment prohibition against "unreasonable searches and seizures"; the constitutional right of privacy; and the First Amendment guarantees of free speech and association. This part briefly summarizes the state of the law concerning these constitutional …


For Capital Punishment, Michigan Law Review Mar 1980

For Capital Punishment, Michigan Law Review

Michigan Law Review

A Book Notice about For Capital Punishment by Walter Berns


The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review Mar 1980

The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review

Michigan Law Review

A Book Notice about The Process Is the Punishment: Handling Cases in a Lower Criminal Court by Malcolm M. Feeley


Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins Mar 1980

Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins

Michigan Law Review

A review of The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation. Volume III by Aleksandr I. Solzhenitsyn


January 28, 1980, University Of Michigan Law School Feb 1980

January 28, 1980, University Of Michigan Law School

Res Gestae

•Cheating- What Process is Due? •News & Notices: Diplomas/ the Bar •Music Review: Brendel •Nights Managed Cheap •LSSS Notes •Calhoun's Opinion Poll •Buttnose gets called on •Rate Committee starts work •Machle's Musings & Valentines •Norts Spews & Law School Life •Sports Poll •Docket and Classifieds


Periodical Index, Michigan Law Review Feb 1980

Periodical Index, Michigan Law Review

Michigan Law Review

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


Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella Feb 1980

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 …


Books Received, Michigan Law Review Feb 1980

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


January 14, 1980, University Of Michigan Law School Jan 1980

January 14, 1980, University Of Michigan Law School

Res Gestae

•Inside Hutchins- a law school portrait •News and Notices •President Knauf reports on the State of the Senate •A Eulogy to an old friend •Law School Life •Buttnose had the answer to finals all along •Accidental Humor •Machle's musing again •Docket


A Peek In Pandora's Box: Folding Carton And The Privilege Against Self-Incrimination In Civil Antitrust Actions, David D. Gregg Jan 1980

A Peek In Pandora's Box: Folding Carton And The Privilege Against Self-Incrimination In Civil Antitrust Actions, David D. Gregg

University of Michigan Journal of Law Reform

The purpose of this article is to examine the dimensions of an individual's Fifth Amendment privilege in a civil antitrust action where the person has not yet been guaranteed that criminal prosecution is no longer possible. Two issues are apparent: first, under what conditions may a civil antitrust defendant properly invoke the privilege; second, if a civil antitrust plaintiff seeks to discover information privileged under the Fifth Amendment, what is the proper response to the problem? Folding Carton provides an excellent example of the process of antitrust litigation and demonstrates the tensions involved. Using that case as an example, the …


Briefs, University Of Michigan Law School Jan 1980

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Harry Edwards appointed to U.S. Court post; Knauss, Morgan, and Schneider named Supreme Court Clerks; St. Antoine presents Pope John XXIII Lecture; Prof. Allen's new book: "Law, Intellect, and Education"; Allen delivers William L. Storrs Lecture Series; Joseph Sax receives faculty achievement award; Of running a solid ship and other legal matters: a former Dean reflects; Stein appointed to international group; broad spectrum of events held at law school; Prof. Charles Donahue leaves Law School


Program From The Thirtieth Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1980

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.


Secondary Legal Sources: A Selected Subject Bibliography Of Treatises, Looseleaf Services And Form Books Fourth Edition, Bruce S. Johnson, Steven M. Barkan, Mary C. Wilson Jan 1980

Secondary Legal Sources: A Selected Subject Bibliography Of Treatises, Looseleaf Services And Form Books Fourth Edition, Bruce S. Johnson, Steven M. Barkan, Mary C. Wilson

Law Library Publications

The fourth edition of this bibliography is a subject arrangement of selected English language treatises, looseleaf services and form books. Most all of the works listed were published in this country and all are in the collection of this law library.

Our object in revising this bibliography has been to present to the law students of The University of Michigan a reasonably thorough listing of useful and current secondary sources covering dorr1estic and international Jaw. The inclusion of a work in this bibliography does not mean that the Law Library is endorsing either the author's style or the substance of …


Sentencing, The Dilemma Of Discretion, Jerold H. Israel Jan 1980

Sentencing, The Dilemma Of Discretion, Jerold H. Israel

Book Chapters

[The following excerpts are taken from Professor Jerold Israel's revision of the late Hazel B. Kerper's Introduction to the Criminal Justice System ( West Publishing Co. 1979), with permission of the author and publisher. Footnotes have been omitted.] As we have seen, judges usually have substantial discretion in sentencing. Most states give them considerable leeway in choosing between probation and imprisonment, in setting the term of imprisonment under either an indeterminate or determinate sentencing structure, in deciding whether a young offender will be given the special benefits of a youthful offender statute, and in determining whether to impose consecutive or …


Minority Preferences In Law School Admissions, Terrance Sandalow Jan 1980

Minority Preferences In Law School Admissions, Terrance Sandalow

Book Chapters

In addressing the subject of "reverse discrimination," I want to caution at the outset against permitting the use of the word "discrimination" to prejudice consideration of the subject. "Discrimination" has, in recent years, become a bad word. It tends to be used as a shorthand for "unjustifiably unequal treatment." In its original and still proper meaning, however, the word is quite neutral. Discrimination merely means differentiation. It comes from a Latin word that means "to distinguish." Accordingly, when we discriminate-i.e., when we differentiate or distinguish-among people, the propriety of our action depends upon the reasons that we have acted as …


Search And Seizure: A Treatise On The Fourth Amendment, William H. Erickson Jan 1980

Search And Seizure: A Treatise On The Fourth Amendment, William H. Erickson

Michigan Law Review

A Review of Search and Seizure: A Treatise on the Fourth Amendment by Wayne R. LaFave


Books Received, Michigan Law Review Jan 1980

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Land Without Plea Bargaining: How The Germans Do It, John H. Langbein Dec 1979

Land Without Plea Bargaining: How The Germans Do It, John H. Langbein

Michigan Law Review

The present Article demonstrates the error of this universalist theory of plea bargaining by showing how and why one major legal system, the West German, has so successfully avoided any form or analogue of plea bargaining in its procedures for cases of serious crime. The German criminal justice system functions without plea bargaining not by good fortune, but as a result of deliberate policies and careful institutional design whose essential elements are outlined in Part I. Part II addresses the American claims that a clandestine plea bargaining system lurks behind veils of German pretense.


Books Received, Michigan Law Review Dec 1979

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Dec 1979

Periodical Index, Michigan Law Review

Michigan Law Review

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


Vol. 28, No. 6, October 8, 1979, University Of Michigan Law School Oct 1979

Vol. 28, No. 6, October 8, 1979, University Of Michigan Law School

Res Gestae

•And Now for Something Completely Different •Prof. Francis Allen Honored by Yale •Letters to the Editor •WLSA Notes •Machle's Musings •Winners in Equity •ELS Projects •L.S.S.S. Notes •Law School News and Notices •E.L.S. Student Report •Norts Spews •Docket •Classifieds


Briefs, University Of Michigan Law School Oct 1979

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

First annual Alumni Reunion and Law Reform; "The Lawyer's Club" is name of new alumni body; Yale Kamisar named to Henry King Ransom Professorship; Dr. Watson stresses ethics, emotions in lecture series; Harry Edwards chairs board of Amtrak; "Three-casebook" barrier broken; Douglas Kahn co-authors taxation text; Allan Stillwagon is named Admissions Officer; Westen warns of medical mistreatment in prison; Moot Courtroom loses its "Moot" status; Choate retires after 20 years


Disposition Of A Federal Criminal Case When Defendant Dies Pending Appeal, Lori R. Dickerman Oct 1979

Disposition Of A Federal Criminal Case When Defendant Dies Pending Appeal, Lori R. Dickerman

University of Michigan Journal of Law Reform

This article discusses the way in which courts historically have disposed of such cases and the apparent change recently introduced by the United States Supreme Court. After an examination of the ramifications of the new and old rules, certain changes in current practice are recommended which will better serve the interests of the deceased, his survivors, and society as a whole.


Index, Michigan Law Review Aug 1979

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 77: Subject Index, Table of Cases, Articles, Authors, Book Reviews


The University Of Michigan Bulletin: Law School Announcement 1979-1980, University Of Michigan Law School Jun 1979

The University Of Michigan Bulletin: Law School Announcement 1979-1980, University Of Michigan Law School

Law School Announcement and Bulletins

Legal Education at Michigan; Personnel and Facilities; The Law Curriculum; Graduation, Honors, and Prizes; Extra-Curricular Activities; Living in Ann Arbor; Admissions and Financial Aid; Officers and Other Information;


Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson Jun 1979

Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson

Michigan Law Review

Legislatures and courts, in weighing the relative advantages of joint and separate trials, have unreasonably struck a balance in favor of joint trials. The strongest justification traditionally offered for joint trials is efficiency. This Article shows that courts have greatly exaggerated the supposed efficiencies of joint trials while grossly underestimating the impediments joint trials pose to fair and accurate determinations of individual guilt or innocence. The propriety of joint trials is more than a question of efficiencies. Joint trials usually, although not always, help the prosecutor to get convictions, and thereby modify the balance of advantage in criminal trials. Disputes …