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Michigan Law Review

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The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger May 1984

The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger

Michigan Law Review

I would like to explore in this essay one aspect of the contemporary American debate over the theory of freedom of speech and press. The subject I want to address is this: whether the principle of freedom of speech and press should be viewed as protecting some personal or individual interest in speaking and writing or whether it should be seen as fostering a collective or public interest. Sometimes this issue is stated as being whether the first amendment protects a "right to speak" or a "right to hear," though in general the problem seems to be whether we should …


Testing The Limits Of Law Enforcement, James J. Fyfe Feb 1984

Testing The Limits Of Law Enforcement, James J. Fyfe

Michigan Law Review

A Review of The Limits of Law Enforcement by Hans Zeisel


Front Matter, Michigan Law Review Feb 1984

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 82, Issue 4 of Michigan Law Review


The Theory And Practice Of Civil Commitment, Andrew Scull Feb 1984

The Theory And Practice Of Civil Commitment, Andrew Scull

Michigan Law Review

A Review of The Court of Last Resort: Mental Illness and the Law by Carol A.B. Warren, contributions by Stephen J. Morse and Jack Zusman


The Home Front: Notes From The Family War Zone, Michigan Law Review Feb 1984

The Home Front: Notes From The Family War Zone, Michigan Law Review

Michigan Law Review

A Review of The Home Front: Notes from the Family War Zone by Louise Armstrong


Criminal Justice In Colonial America, 1606-1660, Michigan Law Review Feb 1984

Criminal Justice In Colonial America, 1606-1660, Michigan Law Review

Michigan Law Review

A Review of Criminal Justice in Colonial America, 1606-1660 by Bradley Chapin


The Law Business, David W. Belin Feb 1984

The Law Business, David W. Belin

Michigan Law Review

A Review of The Law Business: A Tired Monopoly by Joseph W. Bartlett and The Partners by James B. Stewart


The Hardest Drug: Heroin And Public Policy, Michigan Law Review Feb 1984

The Hardest Drug: Heroin And Public Policy, Michigan Law Review

Michigan Law Review

A Review of The Hardest Drug: Heroin and Public Policy by John Kaplan


Court Reform From Bail To Jail, Wade H. Mccree Jr. Feb 1984

Court Reform From Bail To Jail, Wade H. Mccree Jr.

Michigan Law Review

A Review of Court Reform on Trial: Why Simple Solutions Fail by Malcolm M. Feeley


Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch Feb 1984

Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch

Michigan Law Review

A Review of Madness and the Criminal Law by Norval Morris


Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review Feb 1984

Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review

Michigan Law Review

A Review of Capital Punishment: Criminal Law and Social Evolution by Jan Gorecki


The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review Feb 1984

The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review

Michigan Law Review

A Review of The Insanity Plea: The Uses and Abuses of the Insanity Defense by William J. Winslade and Judith Wilson Ross


New Perspectives On Prisons And Imprisonment, Michigan Law Review Feb 1984

New Perspectives On Prisons And Imprisonment, Michigan Law Review

Michigan Law Review

A Review of New Perspectives on Prisons and Imprisonment by James B. Jacobs


Ethics, Public Policy And Criminal Justice, Michigan Law Review Feb 1984

Ethics, Public Policy And Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Ethics, Public Policy and Criminal Justice by Frederick Elliston and Norman Bowie


Final Judgment: My Life As A Soviet Defense Attorney, Michigan Law Review Feb 1984

Final Judgment: My Life As A Soviet Defense Attorney, Michigan Law Review

Michigan Law Review

A Review of Final Judgment: My Life as a Soviet Defense Attorney by Dina Kaminskaya


Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review Feb 1984

Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review

Michigan Law Review

A Review of Tightening the Reins of Justice in America: A Comparative Analysis of the Criminal Jury I England and the United States by Michael H. Graham


The Burden Of Proof In Double Jeopardy Claims, Michigan Law Review Nov 1983

The Burden Of Proof In Double Jeopardy Claims, Michigan Law Review

Michigan Law Review

This Note argues that once the defendant raises a nonfrivolous double jeopardy claim that turns on a question of fact, the government should have the burden of proving that the two crimes charged are actually different. Part I traces the development of the law and the major factors behind recent federal court scrutiny of the traditional rule. Part II argues that constitutional considerations require courts to shift the burden of proof to the government, not only when practical considerations suggest the shift, but in all cases turning on questions of fact. Finally, Part III reconciles this allocation with the well-established …


Books Received, Michigan Law Review Oct 1983

Books Received, Michigan Law Review

Michigan Law Review

A list of books received by Michigan Law Review


Periodical Index, Michigan Law Review Oct 1983

Periodical Index, Michigan Law Review

Michigan Law Review

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


Recent Books, Michigan Law Review Aug 1983

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review May 1983

The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review

Michigan Law Review

Despite the differences between the criminal and juvenile court systems, the Supreme Court has extended many criminal procedural safeguards to juvenile delinquency hearings. The Court does not, however, "automatically and preemptorily" apply every procedural safeguard to juvenile hearings; rather, it carefully examines the criminal trial standard in the context of delinquency hearings. Adopting a similar approach, this Note considers the implications of a constitutional right of access to juvenile delinquency hearings. Part I examines the right of access announced in Globe Newspaper and Richmond Newspapers v. Virginia. Part II looks at the juvenile justice system and argues that extension …


Books Received, Michigan Law Review May 1983

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review May 1983

Periodical Index, Michigan Law Review

Michigan Law Review

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


Habeas Corpus: Its History And Its Future, Charles Alan Wright Mar 1983

Habeas Corpus: Its History And Its Future, Charles Alan Wright

Michigan Law Review

A Review of A Constitutional History of Habeas Corpus by William F. Duker


Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review Mar 1983

Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review

Michigan Law Review

A Review of Reconstructing Reality in the Courtroom: Justice and Judgement in American Culture by W. Lance Bennett and Martha S. Feldman


Watching The Judiciary Watch The Police, Jon O. Newman Mar 1983

Watching The Judiciary Watch The Police, Jon O. Newman

Michigan Law Review

A Review of Police Practices and the Law: Essays from the Michigan Law ReviewThe University of Michigan Press


Punishment Before Trial: An Organizational Perspective Of Felony Bail Processes, Michigan Law Review Mar 1983

Punishment Before Trial: An Organizational Perspective Of Felony Bail Processes, Michigan Law Review

Michigan Law Review

A Review of Punishment Before Trial: An Organizational Perspective of Felony Bail Processes by Roy B. Flemming


Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker Mar 1983

Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker

Michigan Law Review

A Review of The Roots of Justice by Lawrence M. Friedman and Robert V. Percival, and Conscience and Convenience by David Rothman


The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard Mar 1983

The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard

Michigan Law Review

A Review of Crime and Modernization by Louise Shelley, and Readings in Comparative Criminology edited by Louise Shelley


Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau Mar 1983

Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau

Michigan Law Review

A Review of Death Penalties: The Supreme Court's Obstacle Course by Raoul Berger