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Michigan Law Review

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Vicious Circles: The Mafia In The Marketplace, Michigan Law Review Mar 1981

Vicious Circles: The Mafia In The Marketplace, Michigan Law Review

Michigan Law Review

A Review of Vicious Circles: The Mafia in the Marketplace by Jonathan Kwitny


Index To Book Reviews In Leading Law Reviews, Michigan Law Review Mar 1981

Index To Book Reviews In Leading Law Reviews, Michigan Law Review

Michigan Law Review

This index includes book reviews that have appeared in leading law reviews since the compilation of books for the 1980 Survey of Books Relating to the Law (78 Mich. L. Rev. 645-840 (March 1980)). The reviewer's name is in parentheses. Where no reviewer is listed, it is assumed that the review is a student contribution.


Recent Books, Michigan Law Review Dec 1980

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White Aug 1980

Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White

Michigan Law Review

In Rhode Island v. Innis, the Court defined "interrogation" within the meaning of Miranda; and in United States v. Henry, it defined "deliberate elicitation" within the meaning of Massiah. This article explores the implications of Innis and Henry, suggests readings of the new tests consistent with their purposes, and applies the tests to several situations where the scope of the fifth and sixth amendment protections remains unclear.


Books Received, Michigan Law Review Aug 1980

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Books Received, Michigan Law Review Jun 1980

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


For Capital Punishment, Michigan Law Review Mar 1980

For Capital Punishment, Michigan Law Review

Michigan Law Review

A Book Notice about For Capital Punishment by Walter Berns


The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review Mar 1980

The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review

Michigan Law Review

A Book Notice about The Process Is the Punishment: Handling Cases in a Lower Criminal Court by Malcolm M. Feeley


Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins Mar 1980

Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins

Michigan Law Review

A review of The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation. Volume III by Aleksandr I. Solzhenitsyn


Periodical Index, Michigan Law Review Feb 1980

Periodical Index, Michigan Law Review

Michigan Law Review

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


Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella Feb 1980

Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella

Michigan Law Review

It is this Article's thesis that the substitution of plea-bargaining for the criminal trial as our primary method for determining legal guilt requires a fundamental reassessment of our pretrial screening processes. In a system where the prosecutor's decision to file charges is usually followed by a negotiated guilty plea, we can no longer pretend that the pretrial process does not adjudicate the defendant's guilt. Accordingly, this Article argues that it no longer makes sense to rely primarily on the trial to safeguard essential accusatorial principles when pretrial screening devices like the preliminary hearing and the grand jury perform the only …


Books Received, Michigan Law Review Feb 1980

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Search And Seizure: A Treatise On The Fourth Amendment, William H. Erickson Jan 1980

Search And Seizure: A Treatise On The Fourth Amendment, William H. Erickson

Michigan Law Review

A Review of Search and Seizure: A Treatise on the Fourth Amendment by Wayne R. LaFave


Books Received, Michigan Law Review Jan 1980

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Land Without Plea Bargaining: How The Germans Do It, John H. Langbein Dec 1979

Land Without Plea Bargaining: How The Germans Do It, John H. Langbein

Michigan Law Review

The present Article demonstrates the error of this universalist theory of plea bargaining by showing how and why one major legal system, the West German, has so successfully avoided any form or analogue of plea bargaining in its procedures for cases of serious crime. The German criminal justice system functions without plea bargaining not by good fortune, but as a result of deliberate policies and careful institutional design whose essential elements are outlined in Part I. Part II addresses the American claims that a clandestine plea bargaining system lurks behind veils of German pretense.


Books Received, Michigan Law Review Dec 1979

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Dec 1979

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 Aug 1979

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 77: Subject Index, Table of Cases, Articles, Authors, Book Reviews


Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson Jun 1979

Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson

Michigan Law Review

Legislatures and courts, in weighing the relative advantages of joint and separate trials, have unreasonably struck a balance in favor of joint trials. The strongest justification traditionally offered for joint trials is efficiency. This Article shows that courts have greatly exaggerated the supposed efficiencies of joint trials while grossly underestimating the impediments joint trials pose to fair and accurate determinations of individual guilt or innocence. The propriety of joint trials is more than a question of efficiencies. Joint trials usually, although not always, help the prosecutor to get convictions, and thereby modify the balance of advantage in criminal trials. Disputes …


Recent Books, Michigan Law Review May 1979

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Recent Books, Michigan Law Review Apr 1979

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Apr 1979

Periodical Index, Michigan Law Review

Michigan Law Review

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


A Prison And A Prisoner: The Provincial's View, Emily Calhoun Mar 1979

A Prison And A Prisoner: The Provincial's View, Emily Calhoun

Michigan Law Review

A Review of A Prison and a Prisoner by Susan Sheehan


On Tapp (And Levine), Michael J. Saks Mar 1979

On Tapp (And Levine), Michael J. Saks

Michigan Law Review

A Review of Law, Justice, and the Individual in Society: Psychological and Legal Issues edited by June Louin Tapp and Felice J. Levine


Plea Bargaining Reexamined, Lynn M. Mather Mar 1979

Plea Bargaining Reexamined, Lynn M. Mather

Michigan Law Review

A Review of Plea Bargaining: The Experiences of Prosecutors, Judges, and Defense Attorneys by Milton Heumann


Do Defendants Have An Attorney When They Have A Public Defender, James Eisenstein Mar 1979

Do Defendants Have An Attorney When They Have A Public Defender, James Eisenstein

Michigan Law Review

A Review of Counsel for the Poor: Criminal Defense in Urban America by Robert Hermann, Eric Single, and John Boston


Terrorism And The Democratic State, Alona E. Evans Mar 1979

Terrorism And The Democratic State, Alona E. Evans

Michigan Law Review

A Review of A Time of Terror: How Democratic Societies Respond to Revolutionary Violence by J. Bowyer Bell


The Law As A Path To The World, Francis A. Allen Dec 1978

The Law As A Path To The World, Francis A. Allen

Michigan Law Review

Many years ago the late Mr. Justice Oliver Wendell Holmes observed: "The law is a small subject (though ... it leads to all things) .... " The comments that follow are an elaboration of Justice Holmes's theme. It will be asserted that one characteristic of legal studies, properly pursued, is that they lead to a fuller understanding of the larger world of which the law and its institutions are a part. Because the law leads to a larger world of persons, events, and ideas, it claims the attention even of those possessing no interest in acquiring professional legal skills. This …


Periodical Index, Michigan Law Review Jun 1978

Periodical Index, Michigan Law Review

Michigan Law Review

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


Young Adults As A Cognizable Group In Jury Selection, Donald H. Zeigler Jun 1978

Young Adults As A Cognizable Group In Jury Selection, Donald H. Zeigler

Michigan Law Review

In support of its thesis, this Article presents what the literature has failed to provide: a comprehensive analysis of the concept of cognizability and empirical data. Part I traces the history of cognizability; identifies the sources of the cross-sectional right; and defines the criteria of cognizability, drawing special attention to the interests which a designation of cognizability protects. Part I also discusses the different approaches courts have taken to cognizability and suggests several factors which may explain the many treatments of the concept.

Part II reviews the case law concerning the cognizability of young adults in particular. That Part also …