Digital Commons Network^™

Freedom Of Speech, Melissa H. Maxman

Michigan Law Review

A Review of Freedom of Speech by Eric Barendt

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Michigan Law Review

This article is an attempt to collect some of the books, fiction as well as nonfiction, that deal with the true sources of the law of the American West. My effort is only to identify readily available works, not the myriad government documents, diaries, doctoral theses, and out-of-print books that afford invaluable depth on individual topics. Nor is there any pretension to complete coverage. Inevitably, there will be omissions when the sweep is as broad as this article's. But I will omit none of my personal favorites, those many books that have enriched my life and allowed me one of …

Special Care: Medical Decisions At The Beginning Of Life, Jonathan H. Margolies

Michigan Law Review

A Review of Special Care: Medical Decisions at the Beginning of Life by Fred M. Frohock

All The Right Moves, Charles A. Reich

Michigan Law Review

A Review of Tactics of Legal Reasoning by Pierre Schlag and David Skover

"There'll Always Be An England": The Instrumental Ideology Of Evidence, Kenneth W. Graham Jr.

Michigan Law Review

A Review of Theories of Evidence: Bentham and Wigmore by William Twining

Asbestos And The Dalkon Shield: Corporate America On Trial, Joseph A. Page

Michigan Law Review

A Review of At Any Cost: Corporate Greed, Women, and the Dalkon Shield by Morton Mintz and Outrageous Misconduct: The Asbestos Industry on Trial by Paul Brodeur

Statutory Obsolescence And The Judicial Process: The Revisionist Role Of The Courts In Federal Banking Regulation, Donald C. Langevoort

Michigan Law Review

What do - or should - courts do when asked to interpret an apparently "obsolete" statute? This question is an important one half a century or more after the enactment of much of the fundamental federal legislation in such fields of economic regulation as labor, communications, antitrust, securities, and - the subject of this study banking. For a variety of reasons, including political inertia and special interest pressure, many of these statutes remain substantially unchanged even though the assumptions about marketplace structure and conditions that formed the basis for the legislation have long since ceased to hold true.

American Indian Sacred Religious Sites And Government Development: A Conventional Analysis In An Unconventional Setting, Mark S. Cohen

Michigan Law Review

For centuries, American Indians have regarded specific lands as essential to their livelihood, government, culture, and religion. Congress and the courts have at times recognized the important relationship between tribes and their lands. Recognition has not always coincided with protection; during the nineteenth century and part of the twentieth century a series of governmental actions resulted in the tribes surrendering title and possession to many of their ancestral lands. Recently, however, American Indians have become increasingly active litigants in a variety of contexts. In one set of cases, Indians challenged government development projects on public lands, contending that because the …

Periodical Index, Michigan Law Review

Michigan Law Review

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

The Rule Of Recognition And The Constitution, Kent Greenawalt

Michigan Law Review

This essay is about ultimate standards of law in the United States. Not surprisingly, our federal Constitution figures prominently in any account of our ultimate standards of law, and a discussion of its place is an apt jurisprudential endeavor for the bicentennial of the constitutional convention. Although in passing I offer some comments on constitutional principles, this essay is not about how the Constitution, or indeed other legal materials, should be understood and interpreted. Rather, it attempts to discern the jurisprudential implications of widespread practices involving the Constitution and other standards of law.

Commerce Clause Restraints On State Taxation: Purposeful Economic Protectionism And Beyond, Walter Hellerstein

Michigan Law Review

Few questions in recent years have spawned as much controversy and as little academic interest as the scope of commerce clause restraints on state tax power. The Supreme Court has handed down an extraordinary number of significant decisions addressed to the limitations the commerce clause imposes on state taxation. Yet these decisions have barely caught the eye of the nation's leading law reviews or constitutional scholars. Even those observers who have recognized the Court's renaissance of interest in the dormant commerce clause have largely confined their attention to state regulation, as distinguished from state taxation, of interstate commerce. If there …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 85, Issue 4 of Michigan Law Review

Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill

Michigan Law Review

Increases in the number of reported incidents of child abuse and sexual molestation have resulted in more and younger children becoming courtroom participants. Some courts refuse to consider the special needs of the child in this adversarial environment. Relying on questionable precedent, these courts hold that the defendant's right to directly confront the child, as well as strict compliance with evidentiary rules, overrides that child's interest in freedom from embarrassment or psychological trauma. This Note focuses on pressures felt by the testifying child and the ways in which these pressures affect her testimony; it then proposes using videotaped testimony as …

E.F. Hutton Goes South, Franklin E. Zimring

Michigan Law Review

A tribute to Francis A. Allen

Francis A. Allen --An Appreciation, Sanford H. Kadish

Michigan Law Review

A tribute to Francis A. Allen

Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler

Michigan Law Review

This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.

The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 85, Issue 3 of Michigan Law Review

Francis A. Allen: Resolution Of The Board Of Regents Of The University Of Michigan, The Board Of Regents Of The University Of Michigan

Michigan Law Review

Francis Allen has had a long and distinguished career, rich with service to his students, to the academic community, and to the nation. In grateful recognition of his many contributions while a member of the University faculty, the Regents salute this distinguished scholar and educator by naming him Edson R. Sunderland Professor of Law Emeritus.

What Frank Allen Teaches, Robert A. Burt

Michigan Law Review

A tribute to Francis A. Allen

Dangerousness And Criminal Justice, Franklin E. Zimring, Gordon Hawkins

Michigan Law Review

The first section of this paper surveys some recent writings on the topic of dangerousness for major inconsistencies, which we regard as illuminating the special problem of dangerousness in the jurisprudence of criminal sentencing.

The second section describes the "special problem of dangerousness," for, we believe, the first time. The special problem is the fear that any admission of calculations of dangerousness into sentencing decisions will lead to an overuse of dangerousness, which may be worse than the inefficiencies and hypocrisies we confront when denying that future dangerousness is relevant to decisions about prisons.

The third section attempts to reorganize …

The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland

Michigan Law Review

As the Constitution of the United States nears its two hundredth anniversary, there is a frenzy of celebration. However awesome the accomplishment, I submit that it is no slander to recognize that the 1787 document was born of prudent compromise rather than principle, that it derived more from experience than from doctrine, and that it was received with an ambivalence in no small part attributable to its ambiguities. Indeed, its most stalwart supporters doubted its capacity for a long life. It should not be surprising, then, that even today there is disagreement over whether the Constitution of 1787 is now …

Francis A. Allen, Norval Morris

Michigan Law Review

A tribute to Francis A. Allen

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Francis A. Allen -- Selected Bibliography, Michigan Law Review

Michigan Law Review

A Selected Bibliography of Francis A. Allen's works.

Being Frank About The Fourth: On Allen's "Process Of 'Factualization' In The Search And Seizure Cases", Wayne R. Lafave

Michigan Law Review

An invitation to participate in a special issue for such an inestimable personage as Francis Allen is itself a distinct honor - so much so, in fact, that refusal seems out of the question no matter what risks may attend this undertaking. The principal risk, as I see it, is that if one's contribution were to be assessed by a reader who, by virtue of this collection of essays, was also reflecting upon the writings of Allen, one is bound to come out the loser in any comparison. But I assume this risk, as substantial as it doubtless is in …

Change In The Availability Of Federal Habeas Corpus: Its Significance For State Prisoners And State Correctional Programs, Franklin J. Remington

Michigan Law Review

Expressions of dissatisfaction with state prisoner use of federal writs of habeas corpus continue. Recently Attorney General Meese was reported as telling the Judicial Conference of the Seventh Circuit: "[M]ost of the writs filed today were frivolous 'recreational activities' [by inmates whom he referred to as 'lawyers in penitentiaries'] designed to harass federal authorities." Referring to the Reagan administration's proposal pending in the United States Senate to restrict habeas corpus, Mr. Meese said the bill "would preserve the great writ for appropriate cases."

Repeated, but as yet unsuccessful, efforts have been made in the Congress to narrow the scope of …

Periodical Index, Michigan Law Review

Michigan Law Review

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

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 85, Issue 2 of Michigan Law Review

Posner On Literature, L. H. Larue

Michigan Law Review

Judge Richard A. Posner has expanded the scope of his writing. We have previously known him as one of the leaders in law and economics. He is now moving into the field of law and literature. His offering is an article, Law and Literature: A Relation Reargued, which has been published in the Virginia Law Review.

As one might expect, he performs intelligently. Posner is well read in literature; he displays a genuine love for that which he has read; and he writes with wit and grace. In short, in law and literature, as in law and economics, Posner …