Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (7564)
- Constitutional Law (1304)
- State and Local Government Law (745)
- Supreme Court of the United States (707)
- Courts (658)
-
- Legislation (633)
- Legal History (583)
- Torts (577)
- Legal Writing and Research (563)
- Criminal Law (483)
- Contracts (479)
- Labor and Employment Law (448)
- Property Law and Real Estate (425)
- Civil Rights and Discrimination (405)
- Law and Society (384)
- Administrative Law (367)
- Estates and Trusts (364)
- Business Organizations Law (355)
- Evidence (340)
- Jurisdiction (309)
- Criminal Procedure (303)
- Securities Law (298)
- Comparative and Foreign Law (297)
- Commercial Law (296)
- Litigation (285)
- Law and Race (270)
- Antitrust and Trade Regulation (264)
- Fourteenth Amendment (263)
- Law and Economics (257)
- First Amendment (250)
- Keyword
-
- United States Supreme Court (350)
- History (208)
- Book reviews (201)
- Treatises (189)
- Publications (181)
-
- Constitution (156)
- Liability (156)
- Judicial review (140)
- Law reform (140)
- Negligence (137)
- Due process (136)
- Regulation (136)
- Michigan (128)
- Race and law (126)
- Fraud (120)
- Corporations (115)
- Lawyers (111)
- State courts (110)
- Federal courts (101)
- Fifth Amendment (98)
- New York (95)
- Racism (89)
- Women (81)
- Competition (80)
- Law professors (80)
- England (79)
- Federalism (78)
- Gender and law (77)
- Freedom of speech (76)
- Public policy (76)
- Publication Year
Articles 1621 - 1650 of 8523
Full-Text Articles in Entire DC Network
A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert W. Alschuler
A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert W. Alschuler
Michigan Law Review
Supreme Court decisions have vacillated between two incompatible readings of the Fifth Amendment guarantee that no person "shall be compelled in any criminal case to be a witness against himself." The Court sometimes sees this language as affording defendants and suspects a right to remain silent. This interpretation - a view that countless repetitions of the Miranda warnings have impressed upon the public - asserts that government officials have no legitimate claim to testimonial evidence tending to incriminate the person who possesses it. Although officials need not encourage a suspect to remain silent, they must remain at least neutral toward …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of Books received by Michigan Law Review.
Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King
Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King
Michigan Law Review
This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. Contemporary reports of juror shortages and jury dodging portray a system in crisis. Coverage of recent high-profile cases suggests that misconduct by jurors who do serve is common. In the trial of Damian Williams and Henry Watson for the beating of Reginald Denny, a juror was kicked off for failing to deliberate; Exxon, Charles Keating, and the man accused of murdering Michael Jordan's father all …
Counter-Revolution In Constitutional Criminal Procedure? Two Audiences, Two Answers, Carol S. Steiker
Counter-Revolution In Constitutional Criminal Procedure? Two Audiences, Two Answers, Carol S. Steiker
Michigan Law Review
For the purposes of my argument, I adapt Professor Meir Dan-Cohen's distinction (which he in turn borrowed from Jeremy Bentham) between "conduct" rules and "decision" rules. Bentham and Dan-Cohen make this distinction in the context of substantive criminal law; for their purposes, "conduct" rules are addressed to the general public in order to guide its behavior (for example, "Let no person steal") and "decision" rules are addressed to public officials in order to guide their decisionmaking about the consequences of violating conduct rules (for example, "Let the judge cause whoever is convicted of stealing to be hanged"). But as any …
Children Of A Lesser God: Gdr Lawyers In Post-Socialist Germany, Inga Markovits
Children Of A Lesser God: Gdr Lawyers In Post-Socialist Germany, Inga Markovits
Michigan Law Review
In this essay, I want to investigate German vetting policies by looking at one particular subgroup of examinees: GDR lawyers. In Germany, no other former socialist elite has been submitted to so thorough an ideological cleansing process as the legal profession. After reunification, all GDR judges and prosecutors hoping to remain in office had to undergo investigations that by March 1994 had left only 9.2% of their former numbers in permanent positions. Virtually all East German law professors were removed from their university posts. More than 5000 attorneys in Germany's eastern half are currently being examined for former contacts with …
When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher
When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher
Michigan Law Review
This Note argues that sentence manipulation should be a legally viable partial defense - a defense that does not warrant complete exoneration, but does warrant a reduced sentence when the government's investigative techniques place a quantity of drugs before the court that overrepresents the defendant's culpability, or individual blameworthiness. Part I describes the policies and objectives that underlie the Guidelines, but then demonstrates how the rigid application of quantity-based sentencing provisions can lead to sentence manipulation that thwarts these goals, particularly the goal of sentencing according to culpability. Part II describes how courts have responded to sentence manipulation claims. It …
The Chaotic Pseudotext, Paul F. Campos
The Chaotic Pseudotext, Paul F. Campos
Michigan Law Review
This article tries to get away from the traditionally epistemological (and instrumental, and normative) focus of the case method. In what follows, I will introduce two interrelated ideas designed to elucidate the problematic nature of contemporary legal interpretation: the concept of law as a chaotic discourse, and the problem of the legal pseudotext. These ideas will be presented and explored while we undertake a close reading of an appellate court opinion; however, the purpose of this reading is not the traditional one of attempting to determine if the case · is "correctly decided." Rather we will consider various questions that …
Directorial Fiduciary Duties In A Tracking Stock Equity Structure: The Need For A Duty Of Fairness, Jeffrey J. Hass
Directorial Fiduciary Duties In A Tracking Stock Equity Structure: The Need For A Duty Of Fairness, Jeffrey J. Hass
Michigan Law Review
Part I of this article briefly describes the key distinctions between a tracking stock corporation and a conventional corporation. It then touches on the reasons why corporations have adopted tracking stock equity structures. Part II articulates the unique legal challenges presented by a tracking stock equity structure. Part III discusses the disclosure that tracking stock corporations have made with respect to these challenges. Part IV briefly summarizes the fiduciary duties of care and loyalty and explores why these duties are ill-equipped to address these challenges. Part V presents the duty of fairness and discusses the duty's elements in detail. In …
Positivism And The Separation Of Law And Economics, Avery Wiener Katz
Positivism And The Separation Of Law And Economics, Avery Wiener Katz
Michigan Law Review
The goal of this essay is to explain this problem and to translate the meaning of positivism between legal and economic cultures, in order to show economists and lawyers why much of the debate about the jurisprudential merits of law and economics misses the mark. My thesis is that it is positivism, and the way economic culture treats the positive-normative distinction, that is responsible for much of the gulf between law and economics - but that it is also positivism that makes economics so appealing to so many lawyers and legal scholars. For a positivist approach can be useful to …
The First Amendment Status Of Commercial Speech: Why The Fcc Regulations Implementing The Telephone Consumer Protection Act Of 1991 Are Unconstitutional, Deborah L. Hamilton
The First Amendment Status Of Commercial Speech: Why The Fcc Regulations Implementing The Telephone Consumer Protection Act Of 1991 Are Unconstitutional, Deborah L. Hamilton
Michigan Law Review
This Note considers the constitutionality of the FCC's regulations implementing the no-recorded-message provision of the 1991 TCPA and concludes that they violate the First Amendment because they impermissibly distinguish between commercial and noncommercial speech. Part I explains the structure of the FCC's recorded-message regulations and demonstrates that the regulations explicitly distinguish commercial recorded messages from other recorded messages. Part II examines First Amendment protection for commercial speech in light of three 1993 Supreme Court decisions that restructured commercial speech doctrine by holding that the government can single out commercial speech for regulation only in response to a distinct harm arising …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review.
Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura
Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura
Michigan Law Review
A Review of Peter Brimelow, Alien Nation: Common Sense About America's Immigration Disaster
Is There A Principle Of Religious Liberty?, John H. Garvey
Is There A Principle Of Religious Liberty?, John H. Garvey
Michigan Law Review
A Review of Jesse H. Choper, Securing Religious Liberty: Priniples for Judicial Interpretation of the Religion Clauses and Steven D. Smith, Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom
David Shapiro's Adversary Statement On Federalism, Patrick E. Higginbotham
David Shapiro's Adversary Statement On Federalism, Patrick E. Higginbotham
Michigan Law Review
A Review of David L. Shapiro, Federalism: A Dialogue
Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory, John A. Drennan
Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory, John A. Drennan
Michigan Law Review
A Review of John Arthur, Words That Bind: Judicial Review and the Grounds of Modern Constitutional Theory
The Real Ethic Of Death And Dying, Norman L. Cantor
The Real Ethic Of Death And Dying, Norman L. Cantor
Michigan Law Review
A Review of Peter Singer, Rethinking Life and Death
Why Is This Man A Moderate?, Richard A. Epstein
Why Is This Man A Moderate?, Richard A. Epstein
Michigan Law Review
A Review of William A. Fischel, Regulatory Takings: Law, Economics, and Politics
Searching For Positivism, Philip Soper
Searching For Positivism, Philip Soper
Michigan Law Review
A Review of W.J. Waluchow, Inclusive Legal Positivism
All The Company Of Heaven, Milner S. Ball
All The Company Of Heaven, Milner S. Ball
Michigan Law Review
A Review of Joseph Vining, From Newton's Sleep
Statutory Interpretation And The Idea Of Progress, Daniel A. Farber
Statutory Interpretation And The Idea Of Progress, Daniel A. Farber
Michigan Law Review
A Review of William N. Eskridge, Dynamic Statutory Interpretation
Post Constitutionalism, Lawrence Lessig
Post Constitutionalism, Lawrence Lessig
Michigan Law Review
A Review of Robert C. Post, Constitutional Domains: Democracy, Community, Management
Progress And Constitutionalism, Robert F. Nagel
Progress And Constitutionalism, Robert F. Nagel
Michigan Law Review
A Review of Robin West, Progressive Constitutionalism: Reconstructing the Fourteenth Amendment
Reading The Legal Process, Anthony J. Sebok
Reading The Legal Process, Anthony J. Sebok
Michigan Law Review
A Review of Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in eh Making and Application of Law
Whose Justice? Which Victims?, Lynne Henderson
Whose Justice? Which Victims?, Lynne Henderson
Michigan Law Review
A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials
Gossip And Metaphysics: The Personal Turn In Jurisprudential Writing, Michael Ansaldi
Gossip And Metaphysics: The Personal Turn In Jurisprudential Writing, Michael Ansaldi
Michigan Law Review
A Review of Neil Duxbury, Patterns of American Jurisprudence and John Henry Schlegel American Legal Realism and Empirical Social Science
Stories About Property, William W. Fisher Iii
Stories About Property, William W. Fisher Iii
Michigan Law Review
A Review of Carol M. Rose, Property and Persuasion: Essays on the History, Theory, and Rhetoric of Ownership
Too Many Theories, Todd D. Rakoff
Too Many Theories, Todd D. Rakoff
Michigan Law Review
A Review of Michael J. Trebilcock, The Limits of Freedom of Contract
Dream Makers: Black Judges On Justice, Julian Abele Cook Jr.
Dream Makers: Black Judges On Justice, Julian Abele Cook Jr.
Michigan Law Review
A Review of Linn Washington, Black Judges on Justice
Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis
Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis
Michigan Law Review
A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America
Overcoming Posner, Gerard V. Bradley
Overcoming Posner, Gerard V. Bradley
Michigan Law Review
A Review of Richard A. Posner, Overcoming Law