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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

Rule-Making And The Police, Carl Mcgowan

Michigan Law Review

That remarkable man, Justice Oliver Wendell Holmes, in whose name and by whose providence we are met on this occasion, had many profound perceptions about the nature of law-making. Except for the violence of the Civil War in his youth, his life was largely lived at a time and in a society which seem simple and benevolent by comparison with our own. Some of his generalizations, nevertheless, continue to define accurately the limitations under which we confront the complexities presently assailing us on every side. This is notably true of the administration of criminal justice.

February 11 & 18, 1972, University Of Michigan Law School

Res Gestae

•Griffiths •Faculty Hiring •"Mac" Tells Why He's Leaving •Late News Briefs… •Fan Mail •You do this Every Week? Dept. •N.B. •Out Where You Can't Buy a Decent Bagel •St. Antoine Comments on Mac's Departure •Dick & Shirley & Ted & John & Gene & George… •Movies

February 4, 1972, University Of Michigan Law School

Res Gestae

•Davis •Write-Off •Faculty Point System Revealed •Sis! •Fan Mail •2640 A.D. •Placement Meeting •Campbell Semi-Finals Set •Placement •Bangladesh Fast •Movies

Mr. Justice Powell And The Emerging Nixon Majority, A.E. Dick Howard

Michigan Law Review

In recent years, we have come to expect the debate over Supreme Court nominations to reflect ideological passions in the Government and the country at large; the Fortas, Haynsworth, and Carswell cases remain fresh in memory. In the hearings on the nominations of Lewis F. Powell, Jr., and William H. Rehnquist to the Court, Senate Democratic liberals made clear their intention to probe not only the nominees' integrity and legal qualifications, but also their judicial philosophies. It was ironic, therefore, to watch as liberal members of the Judiciary Committee, through their questions and comments at the confirmation hearings, made Powell, …

Non-Trial Dispositions Of Criminal Offenders: A Case Study, Nancy S. Warder, David C. Zalk

University of Michigan Journal of Law Reform

A number of pre-trial diversion projects, similar to CPA, funded either by the Law Enforcement Assistance Administration or by the United States Department of Labor, have been set up in recent years in a number of cities around the country. Many are modeled after the Vera Institute's Manhattan Court Employment Project in New York and Project Crossroads in Washington, D.C. While the programs are not entirely identical in operation, hopefully this discussion of some of the legal issues involved in non-trial disposition of criminal offenders will be of use outside the immediate confines of the CPA situation. Ultimately the continued …

An Eclectic Approach To Impeachment By Prior Convictions, Lawrence A. Margolis

University of Michigan Journal of Law Reform

Almost every state permits persons convicted of a crime to testify in either their own or another person's behalf. Nonetheless, these states allow evidence of a person's prior criminal conviction to be used to impeach his credibility. The use of this method of impeachment in criminal trials has been the subject of substantial adverse criticism; yet, the practice remains widespread. This article first will discuss the problems that arise from the use of prior conviction evidence for impeachment purposes in criminal trials and then will examine several proposals that would restrict the use of such evidence. Finally, the article will …

Periodical Index, Michigan Law Review

Michigan Law Review

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

Indigents, Hospital Admissions And Equal Protection, Charles S. Derousie

University of Michigan Journal of Law Reform

The author surveyed ten hospitals in each of ten states, including hospitals of varying sizes and classifications. Five of the forty-five replies indicated the hospital did not admit all indigents in need of medical care. The primary reason given was that prospective patients not covered by hospital insurance or government programs such as Medicaid or Medicare were usually unable to produce a required preadmission deposit. This practice of requiring a preadmission deposit seems to be common.

A Suggested Legislative Device For Dealing With Abuses Of Criminal Records, Walter W. Steele Jr.

University of Michigan Journal of Law Reform

There are pitfalls apparent in ameliorating the overuse of criminal records. For example, techniques of expunging, sealing, and limiting access do not affect legal status. No amount of expunging, or sealing, or limiting access is truly useful unless civil rights, such as the right to vote, are restored as well. Another problem is the inherent breadth of a criminal record, which can involve acts or allegations of acts ranging from traffic offenses to murder or rape. Thus, it is difficult to draw precise guidelines delineating those parts of the record which may be legitimately used. The apparently illegitimate use of …

How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar

Articles

Statistics have an almost magical appeal in a "fact"-minded culture such as ours, among a people conditioned and accustomed to watch for-and attach great significance to-even the smallest fluctuations in say, the unemployment rate. Hence, as Darrell Huff graphically demonstrated in his famous little book, How to Lie with Statistics (1954), they can be-and have been-manipulated to terrorize or calm, inflate or depreciate, and above all, to sensationalize and over simplify. As Harvard criminologist Lloyd Ohlin noted recently, statistics are especially potent when "they give a sense of solid reality (usually false) to something people vaguely apprehend and when they …

Report To The President For The Year, 1970-71, University Of Michigan Law School

Miscellaneous Law School History & Publications

Report to the President of the University from the Dean of the Law School.

The University Of Michigan Bulletin Law School 1972-73, University Of Michigan Law School

Law School Announcement and Bulletins

Law School Calendar; The Regents of the University; Administrative Officers and Members of the Faculty; Introduction; The Law Quadrangle; Library Facilities; Requirements for Admission; Advanced Legal Studies; Requirements for Graduation; Admission to the Bar; The Law Curriculum; Concurrent Graduate Programs; Officer Education Programs; Legal Writing and Advocacy (Case Clubs); Michigan Law Review; The Journal of Law Reform; Order of the Coif; The Lawyers Club; Law Student Senate; Black Law Student Alliance; Women Law Students Association; Law Wives Association; International Law Society; Legal Aid Society; Inmate Assistance Program; Legislative Aid Bureau; Research Program; Michigan Legal Publications; Legislative Research Center; Institute of …

Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review

Michigan Law Review

At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …

October 1, 1971, University Of Michigan Law School

Res Gestae

•Crockett •Dominick's •Sis •N.B. •Attica •Guess •New Faculty •Legal Aid •In Sec •Letters •Reprint •Ca, Pa, Pc, Ta, Ia, etc. •TV •Pubs •Jobs •S.S. •BLSA •Flics •Limpy

September 17, 1971, University Of Michigan Law School

Res Gestae

•Attica •Note •The International Law Society •Griddie Goodies •Tragedy at Attica •Editorial •Kamisar •Vining •Chambers

Periodical Index, Michigan Law Review

Michigan Law Review

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

Punishment For War Crimes: Duty--Or Discretion?, Michigan Law Review

Michigan Law Review

In 1968, a movie called The Graduate received wide critical acclaim for characterizing the malaise of youthful America. For many, the scene most representative of contemporary irrelevance took place during the protagonist's homecoming party, at which a businessman, with grave and repetitive insistence, encouraged the recent college graduate to enter the plastics industry. In a CBS-TV news interview on November 24, 1969, Paul D. Meadlo revealed his participation in an incident in Vietnam that has captured the horrified attention of the nation. Meadlo, twenty-three years old, is a machine operator in a Terre Haute, Indiana plastics factory.

Books Received, Michigan Law Review

Michigan Law Review

A Lists of Books Received by Michigan Law Review

Only One Crime In Eight Results In Conviction, Yale Kamisar

Law Quadrangle (formerly Law Quad Notes)

Based on a section of a paper on crime statistics delivered at the University of Oklahoma, January 21, 1971.

"With 87 out of every 100 offenders in our country going free and escaping any punishment," wailed Senator Ernest Hollings during the Congressional debates on the Crime Control Act of 1968, "the criminal knows there is very little bite to I the law today. No longer can it be said that crime does not pay when there is now only a 13 per cent chance that an offender will be caught and punished and the criminal knows this. There is no …

Devising Procedures That Are Civil To Promote Justice That Is Civilized, Maurice Rosenberg

Michigan Law Review

In a democracy, process is king to a very large extent, and this is especially so in the judicial branch. Even though substantive laws command attention, procedural rules ensure respect. Why is this true? One powerful reason is that when people end up in court, their case typically is not a matter of right against wrong, but of right against right. Decent process makes the painful task of deciding which party will prevail bearable and helps make the decision itself acceptable.

To put my position plainly, I believe that the road to court-made justice is paved with good procedures. Later …

February 23, 1971, University Of Michigan Law School

Res Gestae

•Job Policy •Women •ELS •Commentary 'U' Judiciary •Editorial •What's Coming Down in the Courts •Whither? •Free Press •West Point •Ecotage •Students Sue S.U.N.Y. •Privacy Limits •Books •Campbell Finalists •Sports

How Does The Law Change? The Case For Legal Research, Jeanne W. Halpern

Miscellaneous Law School History & Publications

Legal research, once synonymous with pretrial investigations, courtroom proceedings, and a rather slavish application of precedent has, since the turn of the century, moved increasingly into university law schools. In so doing, legal research has expanded to include reform, innovation, and vigorous inquiries into the relation of law to the social forces that create it. In the satiric lithograph on the cover, "Les gens de justice" (courtesy of the University of Michigan Museum of Art), Honoré Daumier depicts 19th century lawyers and their "research" as pompous and self-serving. The frontispiece shows the William W. Cook Legal Research Building at the …

The Codicil

Yearbooks & Class Year Publications

Yearbook of the Class of 1971.

Preventive Detention During Riots, Jerold H. Israel

Book Chapters

Various studies of the administration of justice during riots establish that persons arrested during riots generally have been detained for substantially longer periods than persons arrested during nonriot situations. This "extra" period of pretrial detention has been the product of quite different practices in different cities, and these practices have been based on several different administrative policies including, but not limited to, preventive detention.

In several cities, extra-lengthy detention resulted from a general judicial policy of setting extraordinarily high bail for the duration of the riot. A prime example was Detroit, where 70% of the bail initially set was in …

Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel

Book Chapters

During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes,' the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel - was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to …

Criminal Law Revision In California, Arthur H. Sherry

University of Michigan Journal of Law Reform

The high water mark of criminal law reform in California was reached in 1872 when the legislature, after at least a decade of indifference to requests for action, adopted the Penal Code, the Civil Code and the Code of Civil Procedure.' This emergence into the company of contemporary pioneers of codification, Louisiana and New York, was a source of complacent pride, but it proved to be completely ineffective as a stimulus for continuing revision or even further codification. Renewed interest in improving and modernizing the law was not apparent until well into the twentieth century. When this interest did appear, …

The Illinois Criminal Code Of 1961 And Code Of Criminal Procedure Of 1963, Charles H. Bowman

University of Michigan Journal of Law Reform

Illinois had no "Criminal Code" in the sense of a codified, systematic body of law functioning as an instrument of social control in a modern community. Many provisions had remained unchanged since Judge Lockwood, in submitting a revised draft of the Laws of Illinois to the Illinois General Assembly of 1827, described the small chapter on criminal jurisprudence as deriving primarily from a volume of the Laws of New York of 1802 which he brought with him to Illinois, and a volume of the Laws of Georgia which he located in the office of the Secretary of State. In fact, …

Symposium: Recondification Of The Criminal Laws, Francis A. Allen

University of Michigan Journal of Law Reform

The revision of American criminal legislation, both state and federal, has been for many years one of the most insistently required tasks of law reform. Even yet its urgency and importance are not fully realized. There are, however, signs that a genuine movement toward rethinking and restating our criminal jurisprudence is under way. This Symposium seeks to give encouragement and guidance to the revision movement by collecting relevant experience and reflections from a few of those who participated in pioneering ventures in criminal law codification.