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Michigan Law Review

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Recent Books, Michigan Law Review Jun 1967

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Recent Books, Michigan Law Review Apr 1967

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Recent Books, Michigan Law Review Mar 1967

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Equal Protection For The Illegitimate, Harry D. Krause Jan 1967

Equal Protection For The Illegitimate, Harry D. Krause

Michigan Law Review

In our time the general constitutional phrase promising equal protection has become specific law. It has been used to invalidate many state statutes which discriminated on the basis of race or other arbitrary criteria. Definite rules have been developed for this process of invalidation. These rules will be applied below to state and federal legislation that favors the legitimate child and discriminates against the illegitimate in matters of inheritance rights, rights of support, rights of name and custody, and social welfare. The question that will be asked is whether state and federal legislation may constitutionally discriminate between children on the …


Recent Books, Michigan Law Review Jan 1967

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Jan 1967

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles and Comments Appearing in Leading Law Reviews


Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr. Jan 1967

Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.

Michigan Law Review

A Review of Conviction: The Determination of Guilt or Innocence Without Trial by Donald J. Newman


Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein Jan 1967

Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein

Michigan Law Review

The police function in this country is much more varied and much more complex than is generally recognized. This is particularly true today in the congested areas of large urban centers· where the demand for police services is especially great and where the police are confronted with an increasing variety of difficult situations, many of which stem from dissatisfaction with the economic and social conditions existing in such areas. As law enforcement has become more difficult, it has, for the same reasons, taken on new importance as a function of local government.


Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review Nov 1966

Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review

Michigan Law Review

Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …


Periodical Index, Michigan Law Review Nov 1966

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles and Comments Appearing in Leading Law Reviews


Index, Michigan Law Review Jun 1966

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 64: Subject Index, Table of Cases, Articles, Authors Book Reviews


Recent Books, Michigan Law Review Jun 1966

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith Mar 1966

Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith

Michigan Law Review

Prior to the 1964 Supreme Court Term, decisions promulgating new constitutional rules were applied retroactively as a matter of course to final convictions. While dissents occasionally criticized the Court's failure to discuss the retroactive impact of a new constitutional rule, the potential effect upon final convictions of any single rule was not sufficiently acute to justify a departure from the normal grant of retroactivity. But the Court's decision in Mapp v. Ohio; which abruptly overturned Wolf v. Colorado and brought into doubt final state convictions resting upon illegally seized evidence admitted in reliance upon Wolf, caused courts and …


The Equal Protection Clause And Imprisonment Of The Indigent For Nonpayment Of Fines, Michigan Law Review Mar 1966

The Equal Protection Clause And Imprisonment Of The Indigent For Nonpayment Of Fines, Michigan Law Review

Michigan Law Review

The practice of imprisonment for failure to pay a fine levied for a criminal violation originated in twelfth-century England; its subsequent unanimous acceptance in the United States is manifested in the provisions in the statutes of every state and of the federal government authorizing imprisonment for nonpayment of fines. A few states not only commit the defendant to jail for nonpayment of the fine, but impose hard labor as well. Some states, however, have mitigated to a degree the harshness of the practice. For example, Arizona restricts the total period of confinement for the crime and the default of the …


Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman Jan 1966

Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman

Michigan Law Review

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some extent in the purposeful deception of the court. This problem is nowhere more acute than in the practice of criminal law, particularly in the representation of the indigent accused.


Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady Jan 1966

Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady

Michigan Law Review

A Review of Defense of the Poor in Criminal Cases in American State Courts by Lee Silverstein


Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr. Jan 1966

Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.

Michigan Law Review

A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave


Front Matter, Michigan Law Review Dec 1965

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 64, Issue 2 of Michigan Law Review


Recent Books, Michigan Law Review Dec 1965

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Costs Of Unsuccessful Criminal Defense Are Deductible "Ordinary And Necessary" Business Expenses--Tellier V. Commissioner, Michigan Law Review Nov 1965

Costs Of Unsuccessful Criminal Defense Are Deductible "Ordinary And Necessary" Business Expenses--Tellier V. Commissioner, Michigan Law Review

Michigan Law Review

Taxpayer, a broker and underwriter, was convicted for violations of the Securities Act of 1933 and the federal mail fraud statute, and for conspiracy to violate those statutes. He claimed a deduction for the legal expenses incurred in his defense. The Commissioner's disallowance of the deduction was sustained by the Tax Court. On appeal to the Court of Appeals for the Second Circuit sitting en banc, held, reversed. Legal expenses incurred in an unsuccessful defense against criminal charges arising out of a trade or occupation are deductible "ordinary and necessary" business expenses.


Periodical Index, Michigan Law Review Nov 1965

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles and Comments Appearing in Leading Law Reviews


The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell Jun 1965

The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell

Michigan Law Review

Consider the difference between the expert testimony of an orthopedic surgeon in a personal injury suit and the testimony of a psychiatrist in a murder trial in which some elements of the mens rea are at issue. In both instances an expert opinion is received in evidence, providing the trier of fact with technical, specialized information which must, or should, be available in order to permit a rational decision-making process. Well-established rules govern the nature of expert evidence and its mode of presentation. In legal theory, the orthopedic surgeon and the psychiatrist are both experts-physicians-who perform comparable functions in the …


Recent Books, Michigan Law Review Jun 1965

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton Jun 1965

Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton

Michigan Law Review

The law-trained man has frequently been viewed as faced toward the past and preoccupied with precedent, form, words, technicalities, and money. Well might such a man be the fitting product of an educational diet of moldering appellate case opinions taken Socratically with a few crusts of casebook "notes" and classroom lapses into lecture. This is not a man for the season of scientific successes or for a society transformed by technological change.


Recent Books, Michigan Law Review May 1965

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review May 1965

Periodical Index, Michigan Law Review

Michigan Law Review

This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.


Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington Apr 1965

Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington

Michigan Law Review

We have chosen to focus here upon judicial involvement (1) in determining whether arrest and search warrants should issue and (2) in reviewing such decisions after they have been executed (and, perhaps, made) by police officials. A comparison of some recent findings respecting the actual practice at the trial level with the "ideal" as set forth in appellate opinions may allow some conclusions to be drawn both as to the present effectiveness of appellate rulings on these subjects and as to the ultimate feasibility of further implementation of those rulings. Finally, since the exclusionary rule is, theoretically at least, one …


Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris Jan 1965

Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris

Michigan Law Review

A Review of Criminal Justice in Our Time by Yale Kamisar, Fred E. Inbau, and Thurman Arnold


The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review Dec 1964

The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review

Michigan Law Review

The Supreme Court of the United States has vigorously implemented the principle that criminal prosecution is an investigative, not an inquisitorial, process. Evidence of guilt must be obtained by methods free from physical or psychological coercion. Protections in the Bill of Rights against illegal search and seizure, self-incrimination, and trial without counsel have been extended to the states through the due process clause of the fourteenth amendment. Safeguards against the admissibility of coerced confessions into evidence have also been instituted. Because a confession practically determines the ultimate question of guilt, the critical standards for· admissibility are frequently challenged on appeal. …


Periodical Index, Michigan Law Review Nov 1964

Periodical Index, Michigan Law Review

Michigan Law Review

This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.