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Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider Jan 2004

Splitting Hairs: Why Courts Uphold Prison Grooming Policies And Why They Should Not, Mara R. Schneider

Michigan Journal of Race and Law

Part I of this Note describes the substance of prison grooming policies and provides a sampling of cases that have challenged these policies under the Equal Protection and Free Exercise Clauses. Part II explores three theories of discrimination that describe certain types of discriminatory conduct that could be prohibited by the Equal Protection and Free Exercise Clauses. These theories inform the definition of "equal protection of the laws" and impact the analysis of equal protection challenges to prison grooming policies. Part III explores the "religious exemptions" doctrine and explains how courts have interpreted the protections offered to religious groups by …

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The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna Jan 2004

The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna

Michigan Journal of International Law

This Article is intended to bring the U.S. legal community up to date on the attempt in Italy to put in place a more accusatorial trial system. The Article is divided into three sections. Section I describes the central provisions of the Code of Criminal Procedure that was adopted in 1988. It shows that a close look at the Italian system reveals that it was never intended to be an exact model of either the U.S. or English trial systems, because it always contained central features that are found in civil law systems on the continent. Rather, the changes in …

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Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr. Jan 2004

Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.

Michigan Journal of International Law

This Article asserts that judicial exchange rather than dominance has inherent advantages as a technique for evolving a global legal culture. For insight into the global task, the Article looks first at an internecine struggle within the continental system. For further background, it describes how the U.S. Supreme Court has accommodated deviations from the basic legal model in U.S. administrative law as well as other internal U.S. legal systems. The supranational tribunals in the European setting and U.S. Supreme Court have shown the capacity to engage in dialogues over diverse legal philosophies. These experiences demonstrate the advantages of a mix …

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The Political Economy Of Rule Of Law Reform In Developing Countries, Ronald J. Daniels, Michael Trebilcock Jan 2004

The Political Economy Of Rule Of Law Reform In Developing Countries, Ronald J. Daniels, Michael Trebilcock

Michigan Journal of International Law

In this paper, the authors briefly review the recent experience with rule of law reform initiatives in Latin America, Africa, and Central and Eastern Europe, drawing on more detailed case studies by the authors. The authors are currently working on a similar case study on rule of law reform experiences in Asia.

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Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus Jan 2004

Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus

Michigan Journal of International Law

It will come as a surprise to many readers that Professor Teubner presented their fascinating contribution on regime collision to the Michigan Journal of International Law's Symposium on a panel devoted to "the Role of the State in International Law." Indeed, one could not imagine better devil's advocates than Professor Teubner and Dr. Andreas Fischer-Lescano. They propose a radical break with a concept of international law and order based on the autonomous will of Nation-States. Accordingly, legal regulation does not only, if at all, emanate from Nation-States, but from a panoply of other public and, mostly, private actors. Thus, the …

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A Look Back On A Half-Century Of Teaching, Writing And Speaking About Criminal Law And Criminal Procedure, Yale Kamisar Jan 2004

A Look Back On A Half-Century Of Teaching, Writing And Speaking About Criminal Law And Criminal Procedure, Yale Kamisar

Articles

When I look back at my academic career, I realize that, as hard as I tried to plan things, various events often overrode my plans.

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Adjusting To Crawford: High Court Decision Restores Confrontation Clause Protection, Richard D. Friedman Jan 2004

Adjusting To Crawford: High Court Decision Restores Confrontation Clause Protection, Richard D. Friedman

Articles

In Crawford v. Washington, 124 S. Ct. 1354 (2004), the U.S. Supreme Court radically transformed its doctrine governing the Confrontation Clause of the Sixth Amendment to the U.S. Constitution. Craitiord is a very positive development, restoring to its central position one of the basic protections of the common law system of criminal justice. But the decision leaves many open questions, and all lawyers involved in the criminal justice process will have to adjust to the new regime that it creates. This article outlines and summarizes the problems with the law as it stood before Crait/brd. It then explains the theoretical …

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Corporations, Society, And The State: A Defense Of The Corporate Tax, Reuven S. Avi-Yonah Jan 2004

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

Articles

Corporations are both everywhere and nowhere. They are everywhere, first and foremost, on the economic scene: a large percentage of economic activity in the United States is effectuated through the corporate form. But the reach of corporations is far broader than that. Many of our other institutions, including universities, churches, hospitals, and other non-profit organizations, are in corporate form. Other salient features of our society, such as representative democracy, originated from the use of the corporate form in medieval England. Even the idea of the state itself originated in Roman and Medieval legal notions about corporate bodies.

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"Go And Sin No More": The Constitutionality Of Governmentally Funded Faith-Based Prison Units, Lynn S. Branham Jan 2004

"Go And Sin No More": The Constitutionality Of Governmentally Funded Faith-Based Prison Units, Lynn S. Branham

University of Michigan Journal of Law Reform

This Article discusses faith-based prison programs that immerse prisoners living in residential units within a prison in a religious atmosphere. Part One analyzes the constitutionality of these programs under the Establishment Clause of the First Amendment. It notes that state action in the prison context receives more deference from courts than outside the prison context, and that prisoners' constitutional rights are more constricted than free persons" Part I proceeds to analyze the constitutionality of faith immersion programs in prisons, in light of the Supreme Court's precedents dealing with prisoners' rights and the Establishment Clause. States can defend immersion programs on …

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Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper Jan 2004

Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper

Michigan Law Review

Yale Kamisar was absent when I was first interviewed by a number of faculty members from the University of Minnesota Law School where he was then teaching. These sessions took place between Christmas and New Year's in 1959 (when I was a third-year student at Penn), at the annual meeting of the Association of American Law Schools, that year in St. Louis. Yale had planned to be there, I was told, but cancelled because he was behind schedule in completing an article. So while I didn't meet him on that occasion, I surely learned what would ring familiar many times …

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Yale Kamisar: Warrior Scholar, Francis A. Allen Jan 2004

Yale Kamisar: Warrior Scholar, Francis A. Allen

Michigan Law Review

My association with Yale Kamisar dates back to the 1950s. At that time I became aware of the interesting publications of a young faculty member at the University of Minnesota. The articles were well done, most of them dealing with the Supreme Court's notable expansion of constitutional doctrine relating to criminal procedure, then at full tide, a field in which I also was writing. In addition, Yale had published a remarkable article on the subject of euthanasia, impressive for the thoroughness of its research and the clarity and force of its argument. Fortunately, I decided to write to Yale and …

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Yale Kamisar: The Enemy Of Injustice, Welsh S. White Jan 2004

Yale Kamisar: The Enemy Of Injustice, Welsh S. White

Michigan Law Review

In the summer of 1978, Duke Law School hosted a conference in which a variety of speakers offered perspectives on Constitutional Criminal Procedure. One of the speakers argued that the Warren Court's criminal-procedure revolution created a backlash that ultimately made things worse for criminal defendants. In order to dramatize his point, he suggested, "Yale Kamisar is the enemy." When that speaker had finished, the Conference Moderator began his response by stating, "First of all, Yale Kamisar is not the enemy of anything, except injustice."

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Stories About Miranda, George C. Thomas Iii Jan 2004

Stories About Miranda, George C. Thomas Iii

Michigan Law Review

It is no exaggeration to say that Yale Kamisar was present at the creation of Miranda v. Arizona. To be sure, the seeds of Miranda had been sown in earlier cases, particularly Escobedo v. Illinois, but Escobedo was a Sixth Amendment right to counsel case. Professor Kamisar first saw the potential for extending the theory of Escob edo to the Fifth Amendment right against compelled self-incrimination. Escob edo theorized that a healthy criminal justice system requires that the accused know their rights and are encouraged to exercise them. The Escobedo Court read history to teach that no system …

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Postscript: Another Look At Patane And Seibert, The 2004 Miranda 'Poisoned Fruit' Cases, Yale Kamisar Jan 2004

Postscript: Another Look At Patane And Seibert, The 2004 Miranda 'Poisoned Fruit' Cases, Yale Kamisar

Articles

Some months after I finished writing an article that, inter alia, discussed the lower court opinions in Patane and Seibert (an article that appears elsewhere in this issue of the Journa),1 the Supreme Court handed down its decisions in those cases.2 In Patane, a 5-4 majority held admissible a Glock pistol located as a result of a failure to comply with Miranda. In Seibert, a 5-4 majority agreed with the state court that a "second confession," one obtained after the police had deliberately used a two-stage interrogation technique designed to undermine the Miranda warnings, was inadmissible. 3 In Patane, Justice …

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The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman Jan 2004

The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman

Articles

For several centuries, prosecution witnesses in criminal cases have given their testimony under oath, face to face with the accused, and subject to cross-examination at trial. The Confrontation Clause of the Sixth Amendment to the U.S. Constitution guarantees the procedure, providing that ‘‘[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witness against him.’’ In recent decades, however, judicial protection of the right has been lax, because the U.S. Supreme Court has tolerated admission of outof- court statements against the accused, without cross-examination, if the statements are deemed ‘‘reliable’’ or ‘‘trustworthy.’’ …

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Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman Jan 2004

Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman

Articles

The Sixth Amendment to the United States Constitution protects the right of an accused 'to confront the witnesses against him'. The United States Supreme Court has treated this Confrontation Clause as a broad but rather easily rebuttable rule against using hearsay on behalf of a criminal prosecution; with respect to most hearsay, the exclusionary rule is overcome if the court is persuaded that the statement is sufficiently reliable, and the court can reach that conclusion if the statement fits within a 'firmly rooted' hearsay exception. This article argues that this framework should be abandoned. The clause should not be regarded …

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Seven Habits Of A Highly Effective Scholar, Jerold H. Israel Jan 2004

Seven Habits Of A Highly Effective Scholar, Jerold H. Israel

Articles

Yale Kamisar has been my friend and colleague for almost forty years now, and my first inclination was to write about those relationships, which have meant so much to me. But I know that other friends and colleagues participating in this tribute issue can bring to the description of those relationships far greater skill and far greater eloquence. I have been Yale's coauthor for roughly thirty-five years on his professional "pride and joy" - Modern Criminal Procedure' - and that is another relationship that I could describe with warmth and affection. But Wayne LaFave, who has shared this same role, …

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Why I Write (And Why I Think Law Professors Generally Should Write), Yale Kamisar Jan 2004

Why I Write (And Why I Think Law Professors Generally Should Write), Yale Kamisar

Articles

As my colleague James Boyd White has observed, It may look as though we are all doing the same thing, as we huddle over our typewriters or computers, producing work called articles or books, but we are in fact often doing very different things, and I think it is important to recognize and value these differences, in ourselves and in others. There are not only differences in what we write but in whom it is that we write for. Unlike Professor White,2 I usually write as professional to professional. Again, unlike Professor White,3 I am fairly comfortable with "the voice …

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Tribute To Yale Kamisar, Ruth Bader Ginsburg Jan 2004

Tribute To Yale Kamisar, Ruth Bader Ginsburg

Michigan Law Review

When the editors of this issue told me of Professor Yale Kamisar's decision to retire from full-time teaching after a near half century of law faculty service, two thoughts came immediately to mind. First, I thought of the large loss to Michigan students unable to attend his classes and to faculty colleagues at Ann Arbor unable routinely to engage his bright mind. Second, I thought it altogether right for the Michigan Law Review to publish an issue honoring one of the Law School's most prized professors. When invited to write a tribute, I could not resist saying yes.

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Professor Yale Kamisar: "Awesome", Harry T. Edwards Jan 2004

Professor Yale Kamisar: "Awesome", Harry T. Edwards

Michigan Law Review

Yale Kamisar arrived in Ann Arbor in the fall of 1965, just after I graduated from the University of Michigan Law School, so I never had him as a teacher. We were colleagues, however, for almost ten years during the 1970s when we were both members of the Michigan faculty. And we have remained good friends ever since. When the editors of the Michigan Law Review asked me if I would submit a "tribute" to Professor Kamisar commemorating his retirement from the faculty, I was happy to accept the invitation. Yale is one of my heroes in the academy - …

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"What Is A Kamisar?", Wayne R. Lafave Jan 2004

"What Is A Kamisar?", Wayne R. Lafave

Michigan Law Review

My good and old friend Yale Kamisar is said to be "retiring" after a remarkable life in academe spanning almost half a century. I deem it my extraordinary good fortune to have been able to count Yale as a friend for thirty-seven of those years (not that we were enemies the rest of the time), and to have been able to serve as a collaborator of his, working together in the vineyards of the law, for virtually the entirety of our acquaintance. And thus I am especially delighted to have this opportunity to offer up a "fair and balanced" appraisal …

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Publications By Professor Yale Kamisar, Michigan Law Review Jan 2004

Publications By Professor Yale Kamisar, Michigan Law Review

Michigan Law Review

A bibliography of publications by Yale Kamisar.

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A Deadly Dilemma: Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White Jan 2004

A Deadly Dilemma: Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White

Michigan Law Review

A lawyer who represents a capital defendant with a strong innocence claim must allocate her resources between the separate guilt and penalty phases of the capital case. Expending resources in preparation for a penalty trial may result in less attention to securing the acquittal on the capital charge at the guilt trial that would make the penalty phase moot. But focusing primarily on proving the defendant's innocence at the guilt trial means less preparation in the case of a guilty verdict. Once a defendant is convicted of a capital offense, a lawyer must also make strategic decisions about the penalty …

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Books Received, Michigan Law Review Jan 2004

Books Received, Michigan Law Review

Michigan Law Review

No abstract provided.

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Face To Face With The Right Of Confrontation, Richard D. Friedman Jan 2004

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

Other Publications

This article is an edited excerpt from the amicus curiae brief filed in Crawford v. Washington, heard before the United States Supreme Court on November 10, 2003. Prof. Friedman wrote the brief for the Court.

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Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt Dec 2003

Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt

Michigan Law Review

It is often said that U.S. legal culture discourages apologies. Defendants, defense counsel, and insurers worry that statements of apology will be admissible at trial and will be interpreted by jurors and judges as admissions of responsibility. In recent years, however, several legal commentators have suggested that disputants in civil lawsuits should be encouraged to apologize to opposing parties. They claim that apologies will avert lawsuits and promote settlement. Consistent with this view, legislatures in several states have enacted statutes that are intended to encourage and protect apologies by making them inadmissible. In addition, some commentators argue that defendants might …

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Vol. 54, No. 6, November 11, 2003, University Of Michigan Law School Nov 2003

Vol. 54, No. 6, November 11, 2003, University Of Michigan Law School

Res Gestae

•Flyin' High with J.J. White •Summer Jobs Involving "Something (il)Legal" •Are Animals People Too? SALDF Hosts Talk on Integration of Animals into the Legal System •Students Discuss Summer Jobs in Criminal Law •Analysis: FEC Commissioner Skeptical of Finance Reform •Can We Trust Cops? Visiting Professor Warns to Think Twice •What to Do When the First Wave of Recruiters Passes You By •NLRB Chairman Returns to Law School, Talks Shop •A Big Carrot for 3Ls to Give Back •Immigration Law After 9/11: A Discussion with Prof. Bo Cooper •Date Auction Photos •Students and Professors Mingle Over Wine and Cheese •Unprecedented Pressure …

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The False Promise Of One Person, One Vote, Grant M. Hayden Nov 2003

The False Promise Of One Person, One Vote, Grant M. Hayden

Michigan Law Review

It has now been four decades since the Supreme Court stepped into the political thicket with its groundbreaking series of reapportionment cases. Those cases rather quickly brought about radical changes in the structure of our national, state, and local governments and, in so doing, reshaped the political landscape of the country in many, mostly beneficial, ways. The reapportionment cases also signaled the beginning of a revolution in the way we view the rights associated with meaningful participation in a democratic society, a revolution that continues to this day. We now enjoy a right to vote that is much more comprehensive …

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2003 Fall Class Schedule, University Of Michigan Law School Oct 2003

2003 Fall Class Schedule, University Of Michigan Law School

Class Schedules

Class schedule for the 2003 Fall semester at the University of Michigan Law School

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Life Sciences, Technology, And The Law - Symosium Transcript - March 7, 2003, Philip R. Reilly, David H. Kaye, Jonathan J. Koehler, Richard O. Lempert Oct 2003

Life Sciences, Technology, And The Law - Symosium Transcript - March 7, 2003, Philip R. Reilly, David H. Kaye, Jonathan J. Koehler, Richard O. Lempert

Michigan Telecommunications & Technology Law Review

Life sciences, Technology, and the Law Symposium held at the University of Michigan Law School Friday, March 7, 2003

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