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University of Michigan Law School

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Francis Allen Returns As Dean, University Of Michigan Law School Jan 1966

Francis Allen Returns As Dean, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law School Faculty members remember the Dean-elect as a demanding instructor and distinguished colleague. Francis Allen comes to Michigan as a nationally recognized scholar and public servant in the administration of criminal justice.


The Problem Of Communications In Meeting The Information Requirements Of The Courts, Layman Allen Jan 1966

The Problem Of Communications In Meeting The Information Requirements Of The Courts, Layman Allen

Book Chapters

My remarks are addressed to one aspect of the general problem of communication involved in meeting the information requirements of the courts. It transcends merely the court; however, it is a problem throughout the legal decision-making system. The efficiency of t:ourts in processing information is just one part of a larger picture of effective communication within the legal system. Phrased broadly, the question involves discerning the optimum man-machine mix in the processing of information. Nobody can reasonably quarrel with the goal of taking the fullest possible advantage of the benefits of emerging technology, as long as objectives of greater importance …


Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman Jan 1966

Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman

Michigan Law Review

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some extent in the purposeful deception of the court. This problem is nowhere more acute than in the practice of criminal law, particularly in the representation of the indigent accused.


Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady Jan 1966

Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady

Michigan Law Review

A Review of Defense of the Poor in Criminal Cases in American State Courts by Lee Silverstein


Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr. Jan 1966

Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.

Michigan Law Review

A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave


A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar Jan 1966

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.


Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar Jan 1966

Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar

Articles

Distribution of the first preliminary draft of the proposed American Law Institute Model Code of Pre-Arraignment Procedure last June touched off a brisk exchange of letters between Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, who maintained that the proposed code left a good deal to be desired, and Attorney General Nicholas deB. Katzenbach, who, although he did not explicitly treat any provision of the preliminary draft, sharply challenged the conception of equality underlying Bazelon's criticism of it. By now, both the code, and the Bazelon-Katzenbach correspondence which it evoked, are …


Vol. 18, No. 12, December 2, 1965, University Of Michigan Law School Dec 1965

Vol. 18, No. 12, December 2, 1965, University Of Michigan Law School

Res Gestae

•Moot Court Teams Finish Fourth & Fifth in Competition •Newsbeat: Prof. Yale Kamisar Speaks at Legal Aid Convention •Cohen's Corner: Legal Education ex rel U.S. v. Britain •Lawfully Yours: The Exam You Save May be Your Own •Commentary: Don't Go 'Way, We'll be Right Back


Front Matter, Michigan Law Review Dec 1965

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 64, Issue 2 of Michigan Law Review


Recent Books, Michigan Law Review Dec 1965

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Costs Of Unsuccessful Criminal Defense Are Deductible "Ordinary And Necessary" Business Expenses--Tellier V. Commissioner, Michigan Law Review Nov 1965

Costs Of Unsuccessful Criminal Defense Are Deductible "Ordinary And Necessary" Business Expenses--Tellier V. Commissioner, Michigan Law Review

Michigan Law Review

Taxpayer, a broker and underwriter, was convicted for violations of the Securities Act of 1933 and the federal mail fraud statute, and for conspiracy to violate those statutes. He claimed a deduction for the legal expenses incurred in his defense. The Commissioner's disallowance of the deduction was sustained by the Tax Court. On appeal to the Court of Appeals for the Second Circuit sitting en banc, held, reversed. Legal expenses incurred in an unsuccessful defense against criminal charges arising out of a trade or occupation are deductible "ordinary and necessary" business expenses.


Periodical Index, Michigan Law Review Nov 1965

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles and Comments Appearing in Leading Law Reviews


Vol. 18, No. 4, September 23, 1965, University Of Michigan Law School Sep 1965

Vol. 18, No. 4, September 23, 1965, University Of Michigan Law School

Res Gestae

•Top Justice Dept. Attorney Here Next Tuesday •Newsbeat: Here I am World! •Cohen's Corner: Michigan Steals Yale - or How Crime Does Pay Off Sometimes •Report from the Board: Petitions, More Petitions, and Open Ears •Sports: A Reprieve for the Bird •For the Defense: "Let the end be legitimate..." •Weekender: Cinema Guild Best Bet


The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell Jun 1965

The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell

Michigan Law Review

Consider the difference between the expert testimony of an orthopedic surgeon in a personal injury suit and the testimony of a psychiatrist in a murder trial in which some elements of the mens rea are at issue. In both instances an expert opinion is received in evidence, providing the trier of fact with technical, specialized information which must, or should, be available in order to permit a rational decision-making process. Well-established rules govern the nature of expert evidence and its mode of presentation. In legal theory, the orthopedic surgeon and the psychiatrist are both experts-physicians-who perform comparable functions in the …


Recent Books, Michigan Law Review Jun 1965

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton Jun 1965

Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton

Michigan Law Review

The law-trained man has frequently been viewed as faced toward the past and preoccupied with precedent, form, words, technicalities, and money. Well might such a man be the fitting product of an educational diet of moldering appellate case opinions taken Socratically with a few crusts of casebook "notes" and classroom lapses into lecture. This is not a man for the season of scientific successes or for a society transformed by technological change.


Recent Books, Michigan Law Review May 1965

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review May 1965

Periodical Index, Michigan Law Review

Michigan Law Review

This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.


Vol. 18, No. 14, April 23, 1965, University Of Michigan Law School Apr 1965

Vol. 18, No. 14, April 23, 1965, University Of Michigan Law School

Res Gestae

•Student Enrollments Compared •Editors' Wastebasket •The Supreme Court on Trial •Students to Work Abroad •Attention - All My Graduates •At the Flicks •Quadsville Quotes


Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington Apr 1965

Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington

Michigan Law Review

We have chosen to focus here upon judicial involvement (1) in determining whether arrest and search warrants should issue and (2) in reviewing such decisions after they have been executed (and, perhaps, made) by police officials. A comparison of some recent findings respecting the actual practice at the trial level with the "ideal" as set forth in appellate opinions may allow some conclusions to be drawn both as to the present effectiveness of appellate rulings on these subjects and as to the ultimate feasibility of further implementation of those rulings. Finally, since the exclusionary rule is, theoretically at least, one …


Class Of 1965 Fifteen Year Report, University Of Michigan Law School Jan 1965

Class Of 1965 Fifteen Year Report, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This report summarizes the findings of a questionnaire sent to University of Michigan Law School alumni fifteen years after graduation.


Law Quadrangle Notes, University Of Michigan Law School Jan 1965

Law Quadrangle Notes, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law School Fund 1964 total reaches $144,898; Conard co-authors significant report; Russian Civil Code translated by Gray; Eight law classes schedule reunions; ICLE programs for spring included varied offerings; Freshman property course introduces legal schools, vocabulary, and materials; Third annual report: the committee of visitors; Faculty news notes


Law Quadrangle Notes Jan 1965

Law Quadrangle Notes

Law Quadrangle (formerly Law Quad Notes)

School publishes new soviet code; Class quality shows steady improvement; Wellman outlines steps in selection of new Dean; "A Feeling for Justice" is new U-M television series; Cook lecturer cites six goals and policies for aiding Negro poor; Faculty news notes; Alaskans hit record level in Law School Fund giving; Yearbook sponsors are sought for 1965


Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris Jan 1965

Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris

Michigan Law Review

A Review of Criminal Justice in Our Time by Yale Kamisar, Fred E. Inbau, and Thurman Arnold


The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review Dec 1964

The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review

Michigan Law Review

The Supreme Court of the United States has vigorously implemented the principle that criminal prosecution is an investigative, not an inquisitorial, process. Evidence of guilt must be obtained by methods free from physical or psychological coercion. Protections in the Bill of Rights against illegal search and seizure, self-incrimination, and trial without counsel have been extended to the states through the due process clause of the fourteenth amendment. Safeguards against the admissibility of coerced confessions into evidence have also been instituted. Because a confession practically determines the ultimate question of guilt, the critical standards for· admissibility are frequently challenged on appeal. …


Periodical Index, Michigan Law Review Nov 1964

Periodical Index, Michigan Law Review

Michigan Law Review

This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.


Thirty Years Of Legal Education, Allan F. Smith Jun 1964

Thirty Years Of Legal Education, Allan F. Smith

Michigan Law Review

A generation of law students has moved through the University of Michigan Law Quadrangle since its dedication on June 13, 1934. The prophecy quoted above has been fulfilled, although the process of its fulfillment has not ended and will not end, for the process of law is indeed "an endless 'becoming.' " Despite the difficulties of carving segments from that which is essentially continuous and unbroken, it seems appropriate to pause at this thirtieth anniversary of the Quadrangle and to observe the segment of time which separates the dedication and the present day.


Constitutional Law-Federal Criminal Procedure-Right To Counsel Under Section 2255 Of The Judicial Code, Gerald J. Laba May 1964

Constitutional Law-Federal Criminal Procedure-Right To Counsel Under Section 2255 Of The Judicial Code, Gerald J. Laba

Michigan Law Review

Petitioner, seeking to attack a conviction for illegal possession of narcotics, was granted leave to sue in form a pauperis under 28 U.S.C. section 2255, but his request that counsel be appointed for him was denied. Petitioner's section 2255 motion to vacate judgment was denied. Petitioner then entered a second section 2255 petition alleging basically the same errors but adding that the court had erred in not appointing counsel for his first petition. The second motion was denied without a hearing on the ground that it was "the second or successive motion for similar relief .... " Petitioner appealed in …


Periodical Index, Michigan Law Review May 1964

Periodical Index, Michigan Law Review

Michigan Law Review

This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.


Class Of 1964 Fifteen Year Report, University Of Michigan Law School Jan 1964

Class Of 1964 Fifteen Year Report, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This report summarizes the findings of a questionnaire sent to University of Michigan Law School alumni fifteen years after graduation.