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Michigan Law Review

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The Chaotic Pseudotext, Paul F. Campos Jun 1996

The Chaotic Pseudotext, Paul F. Campos

Michigan Law Review

This article tries to get away from the traditionally epistemological (and instrumental, and normative) focus of the case method. In what follows, I will introduce two interrelated ideas designed to elucidate the problematic nature of contemporary legal interpretation: the concept of law as a chaotic discourse, and the problem of the legal pseudotext. These ideas will be presented and explored while we undertake a close reading of an appellate court opinion; however, the purpose of this reading is not the traditional one of attempting to determine if the case · is "correctly decided." Rather we will consider various questions that …


When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher Jun 1996

When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher

Michigan Law Review

This Note argues that sentence manipulation should be a legally viable partial defense - a defense that does not warrant complete exoneration, but does warrant a reduced sentence when the government's investigative techniques place a quantity of drugs before the court that overrepresents the defendant's culpability, or individual blameworthiness. Part I describes the policies and objectives that underlie the Guidelines, but then demonstrates how the rigid application of quantity-based sentencing provisions can lead to sentence manipulation that thwarts these goals, particularly the goal of sentencing according to culpability. Part II describes how courts have responded to sentence manipulation claims. It …


David Shapiro's Adversary Statement On Federalism, Patrick E. Higginbotham May 1996

David Shapiro's Adversary Statement On Federalism, Patrick E. Higginbotham

Michigan Law Review

A Review of David L. Shapiro, Federalism: A Dialogue


Post Constitutionalism, Lawrence Lessig May 1996

Post Constitutionalism, Lawrence Lessig

Michigan Law Review

A Review of Robert C. Post, Constitutional Domains: Democracy, Community, Management


Dream Makers: Black Judges On Justice, Julian Abele Cook Jr. May 1996

Dream Makers: Black Judges On Justice, Julian Abele Cook Jr.

Michigan Law Review

A Review of Linn Washington, Black Judges on Justice


Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory, John A. Drennan May 1996

Words That Bind: Judicial Review And The Grounds Of Modern Constitutional Theory, John A. Drennan

Michigan Law Review

A Review of John Arthur, Words That Bind: Judicial Review and the Grounds of Modern Constitutional Theory


Statutory Interpretation And The Idea Of Progress, Daniel A. Farber May 1996

Statutory Interpretation And The Idea Of Progress, Daniel A. Farber

Michigan Law Review

A Review of William N. Eskridge, Dynamic Statutory Interpretation


Reading The Legal Process, Anthony J. Sebok May 1996

Reading The Legal Process, Anthony J. Sebok

Michigan Law Review

A Review of Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in eh Making and Application of Law


Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen May 1996

Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen

Michigan Law Review

A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868


Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis May 1996

Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis

Michigan Law Review

A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America


The Real Ethic Of Death And Dying, Norman L. Cantor May 1996

The Real Ethic Of Death And Dying, Norman L. Cantor

Michigan Law Review

A Review of Peter Singer, Rethinking Life and Death


Searching For Positivism, Philip Soper May 1996

Searching For Positivism, Philip Soper

Michigan Law Review

A Review of W.J. Waluchow, Inclusive Legal Positivism


Too Many Theories, Todd D. Rakoff May 1996

Too Many Theories, Todd D. Rakoff

Michigan Law Review

A Review of Michael J. Trebilcock, The Limits of Freedom of Contract


Libertarianism With A Twist, Heidi Li Feldman May 1996

Libertarianism With A Twist, Heidi Li Feldman

Michigan Law Review

A Review of Richard A. Epstein, Simple Rules for a Complex World


Overcoming Posner, Gerard V. Bradley May 1996

Overcoming Posner, Gerard V. Bradley

Michigan Law Review

A Review of Richard A. Posner, Overcoming Law


Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura May 1996

Whose Alien Nation?: Two Models Of Constitutional Immigration Law, Hiroshi Motomura

Michigan Law Review

A Review of Peter Brimelow, Alien Nation: Common Sense About America's Immigration Disaster


Measuring Poverty: A New Approach, Benjamin Hoorn Barton May 1996

Measuring Poverty: A New Approach, Benjamin Hoorn Barton

Michigan Law Review

A Review of Measuring Poverty: A New Approach by The National Research Council.


All The Company Of Heaven, Milner S. Ball May 1996

All The Company Of Heaven, Milner S. Ball

Michigan Law Review

A Review of Joseph Vining, From Newton's Sleep


Computer Media For The Legal Profession, Eugene Volokh May 1996

Computer Media For The Legal Profession, Eugene Volokh

Michigan Law Review

A Review of communication media.


Is There A Principle Of Religious Liberty?, John H. Garvey May 1996

Is There A Principle Of Religious Liberty?, John H. Garvey

Michigan Law Review

A Review of Jesse H. Choper, Securing Religious Liberty: Priniples for Judicial Interpretation of the Religion Clauses and Steven D. Smith, Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom


Whose Justice? Which Victims?, Lynne Henderson May 1996

Whose Justice? Which Victims?, Lynne Henderson

Michigan Law Review

A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials


Why Is This Man A Moderate?, Richard A. Epstein May 1996

Why Is This Man A Moderate?, Richard A. Epstein

Michigan Law Review

A Review of William A. Fischel, Regulatory Takings: Law, Economics, and Politics


Stories About Property, William W. Fisher Iii May 1996

Stories About Property, William W. Fisher Iii

Michigan Law Review

A Review of Carol M. Rose, Property and Persuasion: Essays on the History, Theory, and Rhetoric of Ownership


Game Theory And The Law: Ready For Prime Time?, Stephen W. Salant, Theodore S. Sims May 1996

Game Theory And The Law: Ready For Prime Time?, Stephen W. Salant, Theodore S. Sims

Michigan Law Review

A Review of Douglas G. Baird, Robert H. Gertner, and Randal C. Picker, Game Theory and the Law


An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms May 1996

An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms

Michigan Law Review

A Review of Joel F. Handler, The Poverty of Welfare Reform and Mark Robert Rank, Living on the Edge: The Realities of Welfare in America


The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl May 1996

The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl

Michigan Law Review

A Review of Patricia J. Williams, The Roosters' Egg: On the Persistence of Prejudice


The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson May 1996

The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson

Michigan Law Review

A Review of James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society and M. Ethan Katsh, Law in a Digital World


Progress And Constitutionalism, Robert F. Nagel May 1996

Progress And Constitutionalism, Robert F. Nagel

Michigan Law Review

A Review of Robin West, Progressive Constitutionalism: Reconstructing the Fourteenth Amendment


Gossip And Metaphysics: The Personal Turn In Jurisprudential Writing, Michael Ansaldi May 1996

Gossip And Metaphysics: The Personal Turn In Jurisprudential Writing, Michael Ansaldi

Michigan Law Review

A Review of Neil Duxbury, Patterns of American Jurisprudence and John Henry Schlegel American Legal Realism and Empirical Social Science


The Concept Of Law Revisited, Leslie Green May 1996

The Concept Of Law Revisited, Leslie Green

Michigan Law Review

A Review of H.L.A. Hart, The Concept of Law Second Edition