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Michigan Law Review

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Periodical Index, Michigan Law Review Dec 1969

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 1969

Periodical Index, Michigan Law Review

Michigan Law Review

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


Wright: Federal Practice And Procedure, Criminal Procedure, J. Edward Lumbard, George W. Shadoan Jun 1969

Wright: Federal Practice And Procedure, Criminal Procedure, J. Edward Lumbard, George W. Shadoan

Michigan Law Review

Reviews of 3 Vols. By Charles Alan Wright


Books Received, Michigan Law Review Jun 1969

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Jun 1969

Periodical Index, Michigan Law Review

Michigan Law Review

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


The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg May 1969

The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg

Michigan Law Review

Under prior law, it is true, many federal prosecutors routinely avoided preliminary hearings by securing continuances of the hearing date until after an indictment was obtained. But this ploy required a complaisant magistrate or an inert defendant. Moreover, the propriety of using continuances to circumvent the accused's right to a preliminary hearing had come under increasing and sometimes successful attack. Section 303, if literally construed, can legitimize the prosecutorial practice of mooting the defendant's right to a preliminary hearing under rule 5(c) by obtaining a relatively quick indictment. This predictable use or abuse of the Act should and can be …


Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review May 1969

Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review

Michigan Law Review

It is extremely difficult to obtain precise information concerning the prevalence of this practice. There is only one reported case on the subject, and empirical evidence is almost wholly lacking because of the wide discretion granted sentencing courts in imposing probation conditions, and because of the reluctance of appellate courts to review the exercise of that discretion. However, courts have frequently imposed costs on nonindigent probationers, and in many jurisdictions the statutes which authorize such a probation condition with respect to solvent probationers seem broad enough to include indigents as well. Moreover, two recent studies have unearthed specific data which …


Cipes: The Crime War, Michael S. Josephson May 1969

Cipes: The Crime War, Michael S. Josephson

Michigan Law Review

A Review of The Crime War by Robert M. Cipes


Books Received, Michigan Law Review May 1969

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller Apr 1969

Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller

Michigan Law Review

The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …


The Legitimation Of Electronic Eavesdropping: The Politics Of "Law And Order", Herman Schwartz Jan 1969

The Legitimation Of Electronic Eavesdropping: The Politics Of "Law And Order", Herman Schwartz

Michigan Law Review

This Article will examine some constitutional considerations raised by wiretapping and eavesdropping in light of recent Supreme Court decisions, the probable extent of such activity, the limitations imposed upon it by title III and the ABA Standards, and the arguments for the "necessity" of electronic surveillance. Finally, a few jaundiced comments will be offered about legislative and judicial lawmaking in the field of criminal justice, particularly in a time of crisis.


Reapportionment: Success Story Of The Warren Court, Robert B. Mckay Dec 1968

Reapportionment: Success Story Of The Warren Court, Robert B. Mckay

Michigan Law Review

The fascinating thing about this major engagement of the Warren Court is that the principal decisions came to the Court late-1962 and after. Although these decisions precipitated a revolution in the concept and practice of legislative representation at every level of government, they were implemented quickly and with surprisingly little dislocation. The following remarks are intended to report the fact of that adjustment and to explain, to the extent the phenomenon is now understandable, why the change was so easily accomplished. When compared with the delay in public acceptance of decisions in the other areas mentioned above, the success of …


The Warren Court And Criminal Procedure, A. Kenneth Pye Dec 1968

The Warren Court And Criminal Procedure, A. Kenneth Pye

Michigan Law Review

On October 5, 1953, Earl Warren became Chief Justice of the United States. During the fifteen years of his tenure as Chief Justice, fundamental changes in criminal procedure have resulted· from decisions of what is popularly called "the Warren Court." There may be a legitimate difference of opinion whether these changes constitute a "criminal law revolution" or merely an orderly evolution toward the application of civilized standards to the trial of persons accused of crime. Whatever the characterization, however, there can be little doubt that the developments of the past fifteen years have unalterably changed the course of .the administration …


The Warren Court And The Political Process, William M. Beaney Dec 1968

The Warren Court And The Political Process, William M. Beaney

Michigan Law Review

Our complex political system creates endless opportunity to debate the proper roles and powers of each of our principal political institutions. Students of the Supreme Court who quarrel over the proper role of the Court sometimes forget that the powers of the President and the proper place of Congress have also been subject to fierce controversy throughout our history, and that the political tension between the national government and the states has provided a persistent theme from the beginning of the Republic. It must never be forgotten that the system provided by the Framers was not designed to produce efficient …


Cohen: The Criminal Process In The People's Republic Of China 1949-1963: An Introduction., And Bodde & Morris: Law In Imperial China: Exemplified By 190 Ch'ing Dynasty Cases With Historical, Social, And Juridical Commentaries, Victor H. Li Nov 1968

Cohen: The Criminal Process In The People's Republic Of China 1949-1963: An Introduction., And Bodde & Morris: Law In Imperial China: Exemplified By 190 Ch'ing Dynasty Cases With Historical, Social, And Juridical Commentaries, Victor H. Li

Michigan Law Review

A Review of The Criminal Process in the People's Republic of China 1949-1963: An Introduction by Jerome A. Cohen, and Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases with Historical, Social, and Juridical Commentaries by Derke Bodde and Clarence Morris


Silving: Constituent Elements Of Crime, B. J. George Jr. Jun 1968

Silving: Constituent Elements Of Crime, B. J. George Jr.

Michigan Law Review

A Book Review of Constituent Elements of Crime by Helen Silving


Index, Michigan Law Review Jun 1968

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 66: Subject Index, Table of Cases, Articles, Authors, Book Reviews


The Administration Of Justice In The Wake Of The Detroit Civil Disorder Of July 1967, Michigan Law Review May 1968

The Administration Of Justice In The Wake Of The Detroit Civil Disorder Of July 1967, Michigan Law Review

Michigan Law Review

Early Sunday morning, July 23, 1967, the Detroit Police Department raided a "blind pig" at the corner of Twelfth Street and Clairmont Street. An unexpectedly large number of patrons were present at the after-hours drinking establishment, and it took the police over an hour to remove them all from the scene. The weather was warm and humid-despite the time, many people were still on the streets. A crowd of about two hundred gathered while the police were occupied with the individuals arrested in the raid. The last of the arrestees were removed shortly after 5:00 a.m. At that moment an …


Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman May 1968

Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman

Michigan Law Review

What is the appropriate set for the mind when it mulls the report of the President's Commission on Law Enforcement and the Administration of Justice? Should it be fine grind, as is the professor's when he asks a student in his first class in law school to state the case of Regina v. Dudley & Stephens? Or should the running wheel be raised from the bedstone, as is so often the case when the professor turns to review the work of a colleague? While the latter may have the appeal of habit, there are, I think, three important reasons …


Books Received, Michigan Law Review May 1968

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review May 1968

Periodical Index, Michigan Law Review

Michigan Law Review

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


Books Received, Michigan Law Review Apr 1968

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Front Matter, Michigan Law Review Mar 1968

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 66, Issue 5 of Michigan Law Review


American Bar Association: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Pleas Of Guilty (Tentative Draft), Donald J. Newman Mar 1968

American Bar Association: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Pleas Of Guilty (Tentative Draft), Donald J. Newman

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Pleas of Guilty (Tentative Draft)


Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan Mar 1968

Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan

Michigan Law Review

A Review of Crime and Publicity: The Impact of News on the Administration of Justice by Alfred Friendly and Ronald L. Goldfarb


Books Received, Michigan Law Review Mar 1968

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Books Received, Michigan Law Review Feb 1968

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Advisory Committee On Fair Trial And Free Press: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Fair Trial And Free Press (Tentative Draft), George Edwards, Robert M. Cipes Jan 1968

Advisory Committee On Fair Trial And Free Press: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Fair Trial And Free Press (Tentative Draft), George Edwards, Robert M. Cipes

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Fair Trial and Free Press (Tentative Draft) Recommended by the Advisory Committee on Fair Trial and Free Press


Sullivan, Hardin, Huston, Lacy, Murry & Pugh: The Administration Of Criminal Justice; And Hall & Kamisar: Modern Criminal Procedure: Cases, Comments & Questions, John Kaplan Dec 1967

Sullivan, Hardin, Huston, Lacy, Murry & Pugh: The Administration Of Criminal Justice; And Hall & Kamisar: Modern Criminal Procedure: Cases, Comments & Questions, John Kaplan

Michigan Law Review

A Review of The Administration of Criminal Justice by Francis C. Sullivan, Paul Hardin, III, John Huston, Frank R. Lacy, Daniel E. Murray, and George W. Pugh; and Modern Criminal Procedure: Cases, Comments & Questions by Livingston Hall and Yale Kamisar


Advisory Committee On Sentencing And Review: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Post-Conviction Remedies, Daniel J. Meador Nov 1967

Advisory Committee On Sentencing And Review: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Post-Conviction Remedies, Daniel J. Meador

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Post-Conviction Remedies (Tentative Draft) recommended by the Advisory Committee on Sentencing and Review