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The Forgotten Constitutional Right To Present A Defense And Its Impact On The Acceptance Of Responsibility-Entrapment Debate, Katrice L. Bridges

Michigan Law Review

This Note argues that Section 3El.1 of the Federal Sentencing Guidelines must be interpreted to allow defendants who claim entrapment at trial to remain eligible for the acceptance-of-responsibility adjustment. To interpret Section 3El.1 in any other way would run afoul of defendants' constitutional right to present a defense. Part I argues that the entrapment defense does not put factual guilt at issue; instead the entrapment defense challenges whether the statute should apply to the defendant's conduct. Part II contends that the legislative intent in creating the sentencing guidelines in general and the acceptance-of-responsibility adjustment in particular are furthered by requiring …

Feature: Looking At The Death Penalty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

The pros and cons of capital punishment echo through American history into our own time. A look at activities the issue generated at the Law School during the past academic year.

Standard Of Review For Prosecutorial Use Of Race Evidence During Trial, Peter Chung

University of Michigan Journal of Law Reform

This Note argues that unfettered use of cultural evidence by prosecutors creates the same problems as would the use of evidence of race to show propensity of the accused to act. Using Wisconsin v. Chu as a case study, the author demonstrates that cultural evidence, just as any other evidence to show propensity to act, must rest upon the proper evidentiary foundation and that prosecutors must be sharply constrained in their use of cultural evidence.

Corporate Defendants And The Protections Of Criminal Procedure: An Economic Analysis, Vikramaditya S. Khanna

Law & Economics Working Papers Archive: 2003-2009

Corporations are frequently treated as “persons” under the law. One of the fundamental questions associated with this treatment is whether corporations should receive the same Constitutional protections and guarantees as natural persons. In particular, should corporations receive the Constitutional protections of Criminal Procedure? After all, corporations cannot be sent to jail so the sanctions they face are essentially the same as in civil proceedings. If so, then why not have the same procedural protections for corporate defendants in civil and criminal cases? Little scholarly analysis has focused on this issue from an economic perspective and this article aims to fill …

The Market For Criminal Justice: Federalism, Crime Control And Jurisdictional Competition, Doron Teichman

Law & Economics Working Papers Archive: 2003-2009

For the most part, the United States has a decentralized criminal justice system. State legislatures define the majority of crimes and set out the punishments for those crimes. In addition, the enforcement of criminal laws lies, in most cases, in the hands of local law enforcement agencies. This article points out how this decentralized structure drives local jurisdictions to harshen their criminal justice system in order to displace crime to neighboring jurisdictions. More precisely, local jurisdictions can attempt to displace crime in two distinct ways. First, they can raise the expected sanction to a level that is higher than that …

Sex, Shame, And The Law: An Economic Perspective On Megan's Law, Doron Teichman

Law & Economics Working Papers Archive: 2003-2009

This Article focuses on the question, how should policymakers aiming to minimize the cost of sanctioning utilize legal and nonlegal sanctions when designing a system of criminal sanctions. After presenting the general economic case for the use of nonlegal sanctions the article turns to present a model of shaming, which unlike existing models, incorporates the endogenous effects of legal and nonlegal sanctions. This model demonstrates that tailoring an efficient regime that combines legal and nonlegal sanctions might be more difficult than previously perceived by law and economics scholars. A specific case study presented in this article is of the current …

Vol 55, No. 2, August 27, 2004, University Of Michigan Law School

Res Gestae

•Dean Precht Leaving M-Law: Reflections on Public Service •Course Schedules Could Use Greater Student Input •Caminker Provides Preview of New Year •A Look into the Past, Present and Future with Professor Whitman •On Campus Interviewing Tips from Those in the Know •Blue Football: Optimism with Cause •Ain't No Cure for the Summertime Blues When You're Crippled and Cite-Checking •The OCI Drinking Game! •Crossword

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by the Michigan Law Review.

Two Standards Of Competency Are Better Than One: Why Some Defendants Who Are Not Competent To Stand Trial Should Be Permitted To Plead Guilty, Jason R. Marshall

University of Michigan Journal of Law Reform

This Note argues that the present uniform standard of competency, competence to stand trial, be abolished in favor of two standards: competence to stand trial and competence to plea bargain. Part I traces the history of the competency standard by exploring its common law origins, the Supreme Court rulings that frame the debate, an academic reformulation of the competency inquiry, and the interests protected by requiring that defendants be competent to proceed through the criminal process. Part II contrasts the cognitive abilities, capacity to communicate with counsel, and courtroom behavior of defendants standing trial with those qualities required of defendants …

Tribal Jurisdiction And Domestic Violence: The Need For Non-Indian Accountability On The Reservation, Amy Radon

University of Michigan Journal of Law Reform

Domestic violence is a severe problem for tribes across the nation, as their female members are victimized at highly disproportionate rates compared to members of dominant society. Many tribes have sophisticated domestic violence codes to combat the problem, but they are powerless to prosecute the majority of those who will abuse Indian women: non-Indian men. In 1978 the Supreme Court stripped tribes of their power to prosecute non-Indians in criminal matters, which not only damaged tribal sovereignty but also meant the difference between a life free from abuse and one with constant fear, intimidation, and pain for Indian women.

The …

Pleas' Progress, Stephanos Bibas

Michigan Law Review

George Fisher's new book, Plea Bargaining's Triumph, is really three books in one. The first part is a careful, detailed explanation of how and why plea bargaining exploded in Middlesex County, Massachusetts in the nineteenth century. This part is the fruit of an impressive amount of original research in Massachusetts court records and newspaper archives. The second part of the book looks more broadly at other academic histories of plea bargaining in England, California, and New York. It explains how the forces that produced plea bargaining in Middlesex County likewise contributed to plea bargaining's rise elsewhere. The final part …

Justice In The Time Of Terror, Sharon L. Davies

Michigan Law Review

On my drive into work recently I found myself behind a Ford pickup truck and noticed its bumper sticker: "When the going gets tough, I get a machine gun." Not a doctor. Not a counselor or mediator. Not a shelter for cover. Not the wisdom of a favored advisor or a proven friend. But a machine gun. How odd, I thought, to prefer a weapon incapable of identifying with any precision, any careful thought, where the enemy of the wielder of it might actually be hidden. A weapon as apt to injure non-targets as targets. A weapon mindless of its …

The Media At The Tip Of The Spear, Kevin A. Smith

Michigan Law Review

Due largely to the first widespread availability of the telegraph, through which breaking stories could be transmitted to the presses in moments, the debut of the American war correspondent occurred during the Civil War. From their beginning, American war correspondents have frequently "embedded" with the troops on whom they reported. General Grant, for example, allowed his favorite New York Herald reporter to travel with his entourage, and even used him as a personal messenger. Reporters proved an important component of the war effort for both the North and the South. Papers on both sides proved willing providers of propaganda to …

Vol. 54, No. 12, April 6, 2004, University Of Michigan Law School

Res Gestae

•Judge Simma Gives Glimpse into the Inner Workings of the International Court of Justice •In Memoriam: A Tribute to Reuben Sobczyk •Katzen Discusses Women's Issues •Justice Markman Discusses Proper Role of Judges •WAMM! Law School Community Explores Self-Defense Training •O-ye, O-ye, O-ye! 80th Annual Campbell Competition Shines •Criminal, Environmental Law Moot Court Teams Represent •Law Revue: Talented Law Students Do Something Other than Read, Drink •Screw Law School: How to Write a Bestselling Lawyer Drama Novel •Wondering What If... •Understanding Sexual Harassment a Little Better •The Irony of Being Moral •Who Knew that Crime Wore a Shirt, Let Alone a …

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law School opens fund-raising campaign May 14; Olin Lecture focuses on creativity; Former Treasury Secretary Rubin: Economic squeeze reduces options; Assistant Dean Charlotte H. Johnson, '88: 'It's not enought to sit behind our desks'; Profiling fails against crime or terrorism, speaker says; Examining government service; Senior Day.

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

U.S. Supreme Court gives Friedman, Fisher good news; Yale Kamisar retires; Is William Ian Miller Faking It?; Reimann brings American Journal of Comparative Law back home; European Union Studies Association Awards Stein 'Lifetime Prize', Activities

Face To Face With The Right Of Confrontation, Richard D. Friedman

Law Quadrangle (formerly Law Quad Notes)

The following edited excerpt is from the amicus curiae brief filed in Crawford v. Washington, heard before the U.S. Supreme Court on November 10, 2003. (An elaborated form of the brief appears at 2004 International Journal of Evidence and Proof 1-30.) Law School graduate Jeffrey Fisher, '97, argued on behalf of Crawford. The brief was written by Ralph W. Aigler Professor of Law Richard D. Friedman. David A. Moran, '91, Assistant Professor at Wayne State Law School, was of counsel. Among the signatories are Professor of Law Sherman J. Clark and Associate Dean for Clinical Affairs Bridget McCormack, both of …

Hearing The Danger Of An Armed Felon- Allowing For A Detention Hearing Under The Bail Reform Act For Those Who Unlawfully Possess Firearms, Matthew S. Miner

University of Michigan Journal of Law Reform

This Article advocates an interpretation of the Bail Reform Act that affords courts the ability to hold detention hearings in gun crime cases to evaluate defendants' potential danger to the community. According to an interpretation advanced by some courts, gun possession offenses do not constitute "crimes of violence" within the meaning of the Act and therefore those charged with such crimes, even ifth ey have a prior felony conviction, are not subject to pre-trial detention. Arguing against this approach, the Article looks to the Bail Reform Act, the relevant federal case law, and the alarming statistics concerning the growing use …

Corporations, Society And The State: A Defense Of The Corporate Tax, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

This article attempts to provide the first comprehensive rationale for defending the current corporate income tax. It argues that the usual reasons given for the tax (primarily as an indirect way of taxing shareholders, or alternatively as a form of benefit tax) are inadequate. It then explains what the original rationale to adopt this tax was in 1909, namely to regulate managerial power, and that this rationale stems from the real view of the corporation, which was the dominant view throughout the many transformations underwent by the corporate form from Roman times to the present. Turning to normative argument, the …

Vol. 54, No. 10, March 9, 2004, University Of Michigan Law School

Res Gestae

•From the Front Lines: Law Student Speaks of Life as Soldier in Iraq •Reproductive Rights Conference Huge Success •Calling Balls and Strikes, Moving Cases Along: State Judge Talks About His Job •Professor Gross Discusses Recent Developments in Death Penalty Debate •Professor Daria Roithmayr Brings Unconventional Style to Law School •Grade Curves •Open Letter to Faculty Hiring •Letter to the Editor: Response to OUTLAWS Letter on JAG Recruiting •'04 Dodge Durango: The Two-Ton Hot Rod •If You Think Law School Makes You Vomit, Try Working for a Living •Crossword

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by Michigan Law Review for review.

Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson

Michigan Law Review

According to the Supreme Court, the Federal Constitution limits not only the types of matters that federal courts can adjudicate, but also the parties who can bring those matters before them. In particular, the Court has held that private citizens who have suffered no concrete private injury lack standing to ask federal courts to redress diffuse harms to the public at large. When such harms are justiciable at all, the proper party plaintiff is the public itself, represented by an authorized officer of the government. Although the Court claims historical support for these ideas, academic critics insist that the law …

2004 Winter Class Schedule, University Of Michigan Law School

Class Schedules

Class schedule for the 2004 Winter semester at the University of Michigan Law School

The Use Of Human Rights Discourse To Secure Women's Interests: Critical Analysis Of The Implications, Renu Mandhane

Michigan Journal of Gender & Law

This article highlights the significant theoretical constraints of universalism, the tendency of human rights advocates to ignore the underlying cause of rights violations, as well as problems associated with the concept of and informal hierarchy between rights. The article suggests that there are certain circumstances in which INGOs that rely primarily on human rights language in their advocacy efforts may wish to supplement their analysis with explicit reference to feminist legal theory in order to more effectively secure women's interests globally. These ideas will be developed with ongoing reference to the recent and successful campaign initiated by Nepali women to …

Evidence? Or Emotional Fuel?, Robert E. Precht

Law Quadrangle (formerly Law Quad Notes)

The following excerpt is from Defending Mohammad: Justice on Trial (Cornell University Press, 2003), by Robert E. Precht, and appears here with permission of Cornell University Press. The excerpt is from Chapter 8, "Relevance and Prejudice." The book is based on the author's experience as public defender for Mohammad Salameh, the lead suspect in the 1993 bombing of the World Trade Center.

Child Protection Law And Procedure, Frank E. Vandervort

Book Chapters

Child protective proceedings are governed by the Child Protection Law (CPL), MCL 722.621 et seq.; the Juvenile Code, MCL 712A.l et seq.; and Subchapter 3 .900 of the Michigan Court Rules. Taken together these sources of authority establish a comprehensive scheme for reporting cases of suspected abuse and neglect, investigating those reports, and responding with appropriate action.

Yale, Marc Spindelman

Michigan Law Review

Yale does have, as Nancy King has said, a story for every occasion. Many of my favorites - and I definitely have my share - reflect Yale's gaudium certaminis: his "joy of battle" in Gerald Gunther's helpful translation. Some of Yale's battles I have only heard or read about. A few of the more memorable ones from over the years include Yale's confrontations with Glanville Williams, Fred Inbau, Joe Grano, John Kaplan, James Vorenberg, Robert Bork, Malcolm Wilkey, Edward Barrett, and Yale's former teacher Herbert Wechsler. And let's not forget the numerous law-enforcement officials Yale caught in his sights at …

A Principled Approach To The Quest For Racial Diversity On The Judiciary, Kevin R. Johnson, Luis Fuentes-Rohwer

Michigan Journal of Race and Law

Part I of this Article considers the different voices and perspectives added to the judiciary by the appointment of minorities. Part II analyzes the many impacts of diversity on the bench, including greater judicial impartiality. Part III sets forth the arguments supporting a diverse jury pool and discusses how they inform the analysis of the quest for racial diversity among judges. Part IV outlines a principled approach to the pursuit of judicial diversity.

Racism As "The Nation's Crucial Sin": Theology And Derrick Bell, George H. Taylor

Michigan Journal of Race and Law

Part I develops Bell's thesis that racism is permanent, an ineradicable structure in American life. Bell's stance here is unrelenting and a direct and deep challenge to liberal notions of racial progress. This section draws out the social facts Bell provides about the status of Blacks in American society and examines Bell's argument for the continuing disparity between the races, particularly the claim that Whites hold on to a property in Whiteness. Part II analyzes Bell's call for action despite racism's permanence. Part III develops Niebuhr's theology of the possibility of action despite sin. Niebuhr too criticizes the liberal-and liberal …