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Michigan Law Review

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Periodical Index, Michigan Law Review Nov 1985

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 Oct 1985

Periodical Index, Michigan Law Review

Michigan Law Review

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


I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf Aug 1985

I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf

Michigan Law Review

This Note examines the question of what standard should be used for granting a new trial when a defendant's conviction is alleged to have been based, at least in part, on false testimony. Part I demonstrates the failure of the existing standards to strike a satisfactory balance between defendants' rights and the efficient administration of the criminal justice system. Part II argues that motions for retrial based upon false testimony should be governed by a standard drawn not only from newly discovered evidence cases generally, but also from cases involving prosecutorial misconduct. Finally, Part III suggests that the proper test …


Two Models Of The Fourth Amendment, Craig M. Bradley May 1985

Two Models Of The Fourth Amendment, Craig M. Bradley

Michigan Law Review

Fourth amendment critics rank in rows, and it has been repeatedly pointed out that individual cases are inconsistent with each other or that whole chunks of doctrine, such as the automobile exception or the plain view exception, are either misconceived, too broad, or too narrow. But these critics all play the Court on its own field, simply arguing as tenth Justices that the doctrines should be tinkered with in different ways than the Court has done. This Article, in contrast, suggests that current fourth amendment law, complete with the constant tinkering which it necessarily entails, should be abandoned altogether. Instead, …


On The Threshold Of Wainwright V Sykes: Federal Habeas Court Scrutiny Of State Procedural Rules And Rulings, Michigan Law Review Apr 1985

On The Threshold Of Wainwright V Sykes: Federal Habeas Court Scrutiny Of State Procedural Rules And Rulings, Michigan Law Review

Michigan Law Review

This Note examines specific problems which stand on the threshold of Wainwright v. Sykes. Resolution of these problems is necessary to determine whether a state ruling is based upon an adequate state procedural ground, requiring application of the cause-and-prejudice test before habeas review will be permitted. Part I analyzes the rationale for the rule of Wainwright v. Sykes as well as its historical underpinnings. Part II examines the treatment of state court decisions that are based both on a defaulted claim and, in the alternative, on the merits of that claim. This Part concludes that decisions containing such alternative …


Books Received, Michigan Law Review Apr 1985

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Apr 1985

Periodical Index, Michigan Law Review

Michigan Law Review

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


Our Endangered Rights: The Aclu Report On Civil Liberties Today, Michigan Law Review Feb 1985

Our Endangered Rights: The Aclu Report On Civil Liberties Today, Michigan Law Review

Michigan Law Review

A Review of Our Endangered Rights: The ACLU Report on Civil Liberties Today by Norman Dorsen


Capital Punishment: For Or Against, Jan Gorecki Feb 1985

Capital Punishment: For Or Against, Jan Gorecki

Michigan Law Review

A Review of The Death Penalty -- A Debate by Ernest van den Haag and John Conrad


Abscam And The Constitution, Louis Michael Seidman Feb 1985

Abscam And The Constitution, Louis Michael Seidman

Michigan Law Review

A Review of ABSCAM Ethics: Moral Issues and Deception in Law Enforcement by Gerald M. Caplan


A Rational Approach To Responsibility, Christopher Slobogin Feb 1985

A Rational Approach To Responsibility, Christopher Slobogin

Michigan Law Review

A Review of Law and Psychiatry: Rethinking the Relationship by Michael S. Moore


Policymaking And Politics In The Federal District Courts, Michigan Law Review Feb 1985

Policymaking And Politics In The Federal District Courts, Michigan Law Review

Michigan Law Review

A Review of Policymaking and Politics in the Federal District Courts by Robert A. Carp and C.K. Rowland


"How Can You Defend Those People?" The Making Of A Criminal Lawyer, Michigan Law Review Feb 1985

"How Can You Defend Those People?" The Making Of A Criminal Lawyer, Michigan Law Review

Michigan Law Review

A Review of "How Can You Defend Those People?" The Making of a Criminal Lawyer by James S. Kunen


(Almost) Everything You Wanted To Know About Criminal Procedure, Charles F.C. Ruff Feb 1985

(Almost) Everything You Wanted To Know About Criminal Procedure, Charles F.C. Ruff

Michigan Law Review

A Review of Criminal Procedure by Wayne R. LaFave and Jerold H. Israel


Understanding The Jury With The Help Of Social Science, Stephen Saltzburg Feb 1985

Understanding The Jury With The Help Of Social Science, Stephen Saltzburg

Michigan Law Review

A Review of Inside the Jury by Reid Hastie, Steven Penrod and Nancy Pennington


Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review Feb 1985

Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review

Michigan Law Review

A Review of Just and Painful: A Case for the Corporal Punishment of Criminals by Graeme Newman


Born To Crime: The Genetic Causes Of Criminal Behavior, Michigan Law Review Feb 1985

Born To Crime: The Genetic Causes Of Criminal Behavior, Michigan Law Review

Michigan Law Review

A Review of Born to Crime: The Genetic Causes of Criminal Behavior by Lawrence Taylor


News Of Crime: Courts And Press In Conflict, Michigan Law Review Feb 1985

News Of Crime: Courts And Press In Conflict, Michigan Law Review

Michigan Law Review

A Review of News of Crime: Courts and Press in Conflict by J. Edward Gerald


Some Enlightenment On Crime, Shirley S. Abrahamson Feb 1985

Some Enlightenment On Crime, Shirley S. Abrahamson

Michigan Law Review

A Review of Encyclopedia of Crime and Justice Edited by Sanford H. Kadish


Black Innocence And The White Jury, Sheri Lynn Johnson Jan 1985

Black Innocence And The White Jury, Sheri Lynn Johnson

Michigan Law Review

Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …


The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review Dec 1984

The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review

Michigan Law Review

This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of proof must …


Periodical Index, Michigan Law Review Dec 1984

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 Nov 1984

Periodical Index, Michigan Law Review

Michigan Law Review

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


Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper Oct 1984

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Michigan Law Review

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …


Periodical Index, Michigan Law Review Oct 1984

Periodical Index, Michigan Law Review

Michigan Law Review

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


Books Received, Michigan Law Review Aug 1984

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Index, Michigan Law Review Aug 1984

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 82: Subject Index, Articles, Authors, Book Reviews


Periodical Index, Michigan Law Review Aug 1984

Periodical Index, Michigan Law Review

Michigan Law Review

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


Periodical Index, Michigan Law Review Jun 1984

Periodical Index, Michigan Law Review

Michigan Law Review

Subject index of articles, comments, notes, and recent developments appearing in leading reviews.


Books Received, Michigan Law Review Jun 1984

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by the Michigan Law Review