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Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber

Michigan Law Review

A Review of Hegel's Political Philosophy: Interpreting the Practice of Legal Punishment by Mark Tunick

Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra Ann Livingston

Michigan Law Review

A Review of Above the Law: Police and the Excessive Use of Force by Jerome H. Skolnick and James J. Fyfe

Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen

Michigan Law Review

The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.

Second, …

Periodical Index, Michigan Law Review

Michigan Law Review

A List of Periodicals Received by the Michigan Law Review

Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler

Michigan Law Review

This Note argues that the Multiple Punishment Doctrine prohibits the imposition of concurrent convictions and sentences upon criminal defendants found guilty of engaging in a CCE and conspiring to violate narcotics laws. Part I surveys the values underlying the Multiple Punishment Doctrine and traces the evolution of the Supreme Court's application of the doctrine to modern criminal law. Part II examines the various methods employed by the circuit courts of appeals to deal with simultaneous convictions and sentences for CCE and conspiracy. Part III reviews the test, identified in Part I, that the Supreme Court has implicitly utilized to analyze …

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 91: Subject Index, Articles, Notes, Authors, Books Reviewed

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by the Michigan Law Review

Plus Ҫa Change, Paul Brest

Michigan Law Review

Harry Edwards and I both finished law school in 1965, and his article presents an occasion to consider how much the legal academy has changed during the intervening years. Animating Judge Edwards' complaints about the contemporary legal academy is a nostalgia for happier days. His images are of decline - of a growing disjunction between the academy and practice, of law schools' abandoning their proper missions, of their movement toward pure theory. My own view is quite different. Except for some noteworthy demographic transformations and a healthy broadening of the academic agenda, legal education has changed little during these almost …

Legitimating Death, Louis D. Bilionis

Michigan Law Review

This article arrives at the surprising conclusion that a meaningful Eighth Amendment death penalty jurisprudence lives on, that it is a quite intelligible jurisprudence, and that it is driven by a coherent methodology with firm roots in the traditions of constitutional adjudication.

To reach that conclusion, it is helpful first to have some sense of what the Supreme Court has been doing in the death penalty area lately. Part I thus presents a topical review of the Court's recent work, identifying the themes that now dominate, pointing out the concerns those themes raise, and asking whether any sense can be …

The Ethics Of Criminal Defense, William H. Simon

Michigan Law Review

A large literature has emerged in recent years challenging the standard conception of adversary advocacy that justifies the lawyer in doing anything arguably legal to advance the client's ends. This literature has proposed variations on an ethic that would increase the lawyer's responsibilities to third parties, the public, and substantive ideals of legal merit and justice.

With striking consistency, this literature exempts criminal defense from its critique and concedes that the standard adversary ethic may be viable there. This paper criticizes that concession. I argue that the reasons most commonly given to distinguish the criminal from the civil do not …

Are Criminal Defenders Different?, David Luban

Michigan Law Review

No one has done more to expose the jurisprudential incoherence of this view of legal practice than William Simon. In his 1978 article, The Ideology of Advocacy, Simon demonstrated a series of internal contradictions in the most promising attempts to justify the ideology of advocacy. Subsequently, in Ethical Discretion in Lawyering, Simon elaborated an alternative view according to which lawyers must exercise independent judgment in both their choice of clients and their choice of means in pursuing client ends.

In Simon's view, those who carve out the criminal defense exception have been taken in by what he calls …

Periodical Index, Michigan Law Review

Michigan Law Review

A Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

The Care And Feeding Of The United States Constitution, Abner J. Mikva

Michigan Law Review

A Review of The Intelligible Constitution by Joseph Goldstein

Rape Discourse In Press Coverage Of Sex Crimes, Peggy Reeves Sanday

Michigan Law Review

A Review of Virgin or Vamp: How the Press Covers Sex Crimes

The Adventures Of Eric Blair, George P. Fletcher

Michigan Law Review

A Review of The Brothel Boy and Other Parables of the Law by Norval Morris

Capital Punishment's Future, Welsh S. White

Michigan Law Review

A Review of Capital Punishment in America by Raymond Paternoster

Administering Justice In A Consensus-Based Society, Koichiro Fujikura

Michigan Law Review

A Review of Authority Without Power: Law and the Japanese Paradox by John O. Haley

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

Rethinking Guild, Juries, And Jeopardy, George C. Thomas Iii, Barry S. Pollack

Michigan Law Review

We have attempted in this article to "begin over again and concentrate" by taking a fresh look at the interplay between guilt and jury verdicts. Somewhat to our surprise, we discovered that guilt is undefinable without reference to the larger society. We also discovered that our risk-of-error experiments implicated the principle of double jeopardy. When we began this thought experiment, we intended only to test the risk of error in various jury configurations and verdicts. We ended, however, by articulating a more fundamental principle: guilt is nothing more, and nothing less, than the judgment of society. Any verdict that accurately …

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 90: Subject Index, Articles, Notes, Authors, Books Reviewed

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole

Michigan Law Review

A Review of In Defense of American Liberties: A History of the ACLU by Samuel Walker

Do Courts Matter?, Stephen L. Carter

Michigan Law Review

A Review of The Hollow Hope: Ca Courts Bring About Social Change? by Gerald N. Rosenberg

On Reading The Constitution, Bruce Fein

Michigan Law Review

A Review of On Reading the Constitution by Laurence H. Tribe and Michael C. Dorf

Imagining A Free Press, Geoffrey R. Stone

Michigan Law Review

A Review of Images of a Free Press by Lee C. Bollinger

The Death Penalty In The Nineties: An Examination Of The Modern System Of Capital Punishment, Thomas L. Shaevsky

Michigan Law Review

A Review of The Death Penalty in the Nineties: An Examination of the Modern System of Capital Punishment by Welsh S. White

Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg

Michigan Law Review

So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly's answer is generally no, 113 and the MaHaRaL's is yes.

The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii

Michigan Law Review

This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …