Digital Commons Network^™

Power, Responsibility, And Republican Democracy, Marci A. Hamilton

Michigan Law Review

A Review of Power Without Responsibility: How Congress Abuses the People Through Delegation by David Schoenbrod

History's Stories, Stephan Landsman

Michigan Law Review

A Review of Stories of Scottsboro by James Goodman

Justice Lewis F. Powell And The Jurisprudence Of Centrism, Mark Tushnet

Michigan Law Review

A Review of Justice Lewis F. Powell, Jr by John C. Jeffries, Jr.

Hugo Black Among Friends, Dennis J. Hutchinson

Michigan Law Review

A Review of Hugo Black: A Biography by Roger K. Newman

Justice Oliver Wendell Holmes: Law And The Inner Self, Michael A. Carrier

Michigan Law Review

A Review of Justice Oliver Wendell Holmes: Law and the Inner Self by G. Edward White

Thirteen Easy Pieces, Frank I. Michelman

Michigan Law Review

A Review of Responding to Imperfection: The Theory and Practice of Constitutional Amendment by Sanford Levinson

The "Genius Of The Place": William Wilson Cook And The Michigan Law Quad, Kenneth A. Breisch

Michigan Law Review

A Review of The Uses of Art: Medieval Metaphor in the Michigan Law Quadrangle by Ilene H. Forsyth

In Defense Of Lawyers, Geoffrey C. Hazard Jr.

Michigan Law Review

A Review of A Nation Under Lawyers: How the Crisis In the Legal Profession is Transforming American Society by Mary Ann Glendon

Denaturalizing The Lawyer-Statesman, Anthony V. Alfieri

Michigan Law Review

A Review of The Lost Lawyer: Failing Ideals of the Legal Profession by Anthony T. Kronman.

The Countermajoritarian Paradox, Neal Davis

Michigan Law Review

A Review of Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. by David J. Garrow

Poverty Lawyering In The Golden Age, Matthew Diller

Michigan Law Review

A Review of Brutal Need: Lawyers and the Welfare Rights Movement, 1960-1973 by Martha F. Davis

Improving Constitutional Criminal Procedure, Welsh S. White

Michigan Law Review

A Review of The Failure of the Criminal Procedure Revolution by Craig M. Bradley

Chopping Miranda Down To Size, Michael Chertoff

Michigan Law Review

A Review of Confessions, Truth, and the Law by Joseph D. Grano

Revolution In The Balance: Law And Society In Contemporary Cuba, Eugene Whitlock

Michigan Law Review

A Review of Revolution in the Balance: Law and Society in Contemporary Cuba by Debra Evenson

A Modern Hamlet In The Judicial Pantheon, Charles Alan Wright

Michigan Law Review

A Review of Learned Hand: The Man and the Judge by Gerald Gunther

International Law As A Process, Louis B. Sohn

Michigan Law Review

A Review of Problems and Process: International Law and How We Use It by Rosalyn Higgins

Democracy And Dis-Appointment, Lani Guinier

Michigan Law Review

A Review of The Tyranny of the Majority: Fundamental Fairness in Representative Democracy

A Review of A Treatise on the Law of Stock and Stockholders, as Applicable to Railroad, Banking, Insurance, Manufacturing, Commercial, Business, Turnpike, Bridge, Canal, and Other Private Corporations by William W. Cook

The Last Butskellite, John D. Ayer

Michigan Law Review

A Review of Acts of Hope: Creating Authority in Literature, Law, and Politics by James B. White

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 93, Issue 5 of Michigan Law Review

Reply, William J. Stuntz

Michigan Law Review

A Reply to Louis Michael Seidman's Response

Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz

Michigan Law Review

Part I of this article addresses the connection between privacy-based limits on police authority and substantive limits on government power as a general matter. Part II briefly addresses the effects of that connection on Fourth and Fifth Amendment law, both past and present. Part ID suggests that privacy protection has a deeper problem: it tends to obscure more serious harms that attend police misconduct, harms that flow not from information disclosure but from the police use of force. The upshot is that criminal procedure would be better off with less attention to privacy, at least as privacy is defined in …

Should Courts Impose Rico's Pretrial Restraint Measures On Substitute Assets?, James M. Rosenthal

Michigan Law Review

This Note argues that courts should not apply RICO's pretrial restraint measures to substitute assets. Part I examines the text of RICO's forfeiture provisions in light of recent rulings by the Supreme Court providing guidance in interpreting the statute. Part I concludes that the statute's plain meaning limits pretrial restraint measures to tainted assets. Part II examines language in the legislative history of an earlier attempt to add a substitute asset provision to RICO and in the 1984 change from broad to specific language in the pretrial restraint provision. From this language, Part II concludes that Congress did not intend …

Periodical Index, Michigan Law Review

Michigan Law Review

A List of Periodicals by the Michigan Law Review

The Single-Scheme Exception To Criminal Deportations And The Case For Chevron's Step Two, David A. Luigs

Michigan Law Review

This Note applies the two-step Chevron analysis to the single-scheme exception and argues that courts should reject the BIA's single-act test. In applying Chevron, this Note uses the narrow controversy over the proper interpretation of the single-scheme exception as a window on the larger ambiguity that plagues the Supreme Court's Chevron jurisprudence. This Note suggests an answer to a broader issue that has remained unclear under the Supreme Court's precedents: how courts should review agency interpretations at Chevron's second step.

Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow

Michigan Law Review

In Part I of this article, we examine the global puzzle of the Self-Incrimination Clause and the local confusion or perversion lurking behind virtually every key word and phrase in the clause as now construed. In Part II we elaborate our reading of the clause and show how it clears up the local problems and solves the overall puzzle.

Reply: Self-Incrimination And The Constitution: A Brief Rejoinder To Professor Kamisar, Akhil Reed Amar, Renée B. Lettow

Michigan Law Review

A Reply to Yale Kamisar's Response to the "Fifth Amendment Principles: The Self-Incrimination Clause"

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by the Michigan Law Review

Response: The Problems With Privacy's Problem, Louis Michael Seidman

Michigan Law Review

A Response to William J. Stuntz's "Privacy's Problem and the Law of Criminal Procedure"

Are Trojan Horse Union Organizers "Employees"?: A New Look At Deference To The Nlrb's Iterpretation Of Nlra Section 2(3), Jonathan D. Hacker

Michigan Law Review

This Note takes a different approach to interpreting section 2(3). Although this Note agrees that section 2(3) neither clearly includes nor clearly excludes trojan horse organizers, it also argues that the definition of employee under section 2(3) must be determined by looking to common law principles of agency. In other words, the question whether courts should defer to the Board's interpretation of section 2(3) does not turn on statutory ambiguity. Rather, courts have a continuing duty to ensure that the Board interprets employee consistently with common law agency principles. Nevertheless, the correct interpretation of employee under agency principles ultimately turns …