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An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.

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No abstract provided.

The Prosecutor's Role In The Plea Bargaining, Albert Alschuler

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No abstract provided.

Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar

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In a recent address, Mr. Joseph J. Casper, Assistant Director of the FBI, asserted that "a society living under the rule of law cannot permit persons to choose the Jaws which they will obey and the Jaws which they will break." But on reading the rest of his speech, one wonders whether he would strenuously object if the police were permitted to select the laws which they must obey and those they may disregard.

The American Jury: Notes For An English Controversy, Harry Kalven Jr., Hans Zeisel

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No abstract provided.

The Citizen On Trial: The New Confession Rules, Yale Kamisar

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Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."

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

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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

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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 …

Facts For The Law Maker: Three Recent Studies, Hans Zeisel

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No abstract provided.

Foreword: 'Equal In Origin And Equal In Title To The Legislative And Executive Branches Of The Government', Philip B. Kurland

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No abstract provided.

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

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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 appoint counsel …

Nonpopulation Factors Relevant To An Acceptable Standard For Apportionment, Jerold H. Israel

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Of the many problems left unanswered in Baker v. Carr,' the one that has received the most attention both from lower courts and commentators is that of prescribing a specific standard for determining what constitutes a denial of "equal protection" in legislative apportionment.2 The starting point universally accepted - indeed, probably required by Baker - for attacking this problem is the definition of apportionment equality in terms of mathematical measurement of the individual's "voting power."3 Perfect equality in apportionment is viewed as requiring that each election district contain an equal population, so that every individual's vote in his district will …

Administration Of The Law Of Torts: The 1961 Summer Research Training Institute On Interrelations Of Law And Other Social Institutions Law School Developments, Harry Kalven Jr., Richard D. Schwartz

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No abstract provided.

Public Prosecutions In England, 1854-79: An Essay In English Legislative History, Philip B. Kurland, D. W. M. Waters

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No abstract provided.

Book Review (Reviewing Sir Patrick Devlin, The Criminal Prosecution In England (1958)), Philip B. Kurland

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No abstract provided.

The Supreme Court And State Power To Deal With Subversion And Loyalty, Roger C. Cramton

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In this Article, Professor Cramton discusses the effect of recent United States Supreme Court decisions on state control of Subversive activities. He finds that while the decisions to some extent restrict state activity in this area, and though the Court in its decisions gives the impression of vacillation and confusion, some definite an dworkable principles are emerging which contribute to a resolution of the inherent conflict of federal-state relations which these issues pose. He concludes that as the states grow more sophisticated in their treatment of these issues, so the policy of judicial self-restraint will become more influential in restricting …

Publications Of Members Of The American Association Of Law Libraries: A Selected List Through 1955, Marian G. Gallagher

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A bibliography of books and articles longer than one hundred pages.

The American Legal System, Harry Kalven Jr.

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No abstract provided.

Criminal Justice And Social Reconstruction, Ernst W. Puttkammer

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No abstract provided.

Armchair Tour Of The University Of Washington Law Library, Marian G. Gallagher

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Bibliomania is a rare disease. Contrary to popular belief, the germ breeds, not on ancient vellum bookbindings, but on the inside pages of hard-to-locate, bound or unbound, published or unpublished, material. Consequently, the infection is not apt to spread to the practicing attorney who has too many clients and too many cases for a seven-day week. While it may be the secret hope of every librarian that years of exposure (to the bindings when help is scarce, to the inside pages when help is plentiful) will cause him to become infected, he does not lose sight of the fact that …

Criminal Justice In England, Ernst W. Puttkammer

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No abstract provided.

Judicial Abuse Of Habeus Corpus, Kenneth Craddock Sears

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No abstract provided.

Book Review (Reviewing Henry T. Hunt, The Case Of Thomas J. Mooney And Warren K. Billings: Abstract And Analysis Of Record Before Governor Young Of California (1929)), Arthur H. Kent

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No abstract provided.

Use Of Indefinite Terms In Statutes, Ernst Freund

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No abstract provided.

Public Policy And Personal Opinion, John B. Waite

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THE real relation of economics to law, only recently acquiring positive recognition, is illuminated by the varying decisions in regard to attempted restrictions on the enjoyment of personal property.

New Trials For Technical Errors, Edson R. Sunderland

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A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55. No one but an American lawyer could treat the above statement seriously. Only an American court could announce so extraordinary a decision. In no other English speaking country would the people tolerate …

Inquiry Concerning Justice, Floyd R. Mechem

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No abstract provided.

Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood

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The great lengths to which the defense of insanity has been carried in homicide cases has induced numerous legislative attempts to abolish the evil; and the fate which such legislation has met and deserves at the hands of the courts is a matter of considerable interest.

Ho Ah Kow V. Matthew Nuan, Thomas M. Cooley

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"An ordinance of San Francisco, that every male person imprisoned in the county jail, under any judgment of the any court having jurisdiction in criminal cases in the city and county, should immediately upon his arrival at the jail, have the hair of his head 'cut or clipped to an uniform length of one inch from the scalp thereof,' and made it the duty of the sheriff to have this provision enforced, is invalid, being in excess of the authority of the municipal body....

The ordinance being directed against the Chinese only, imposing on them a degrading and cruel punishment, …