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Full-Text Articles in Law
The News And The Accused, Lawrence W. Schad
The News And The Accused, Lawrence W. Schad
University of Michigan Journal of Law Reform
The author believes that the Reardon Standards, if implemented, would provide an effective solution to the problem of prejudicial information, and that this potential can be best realized through adoption and enforcement of the Standards by the courts. This conclusion is based upon analysis of the following issues: (1) The nature of the problem, including an examination of (a) the nature of prejudicial information, (b) those who create the problem either by initially releasing or subsequently disseminating such information, and (c) the related effect of courtroom procedure upon the impact of such information. An analysis of these issues suggests …
Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl
Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl
Michigan Law Review
In 1957, the Supreme Court decided Roth v. United States and Alberts v. California, and thereby commenced what has proved to be one of the most perplexing and politically sensitive tasks the Court has ever undertaken-determining the constitutional limitations on the power of state and federal governments to regulate obscenity. After twelve years of decisions in the obscenity field, the regrettable truth is that "no stable approach to the obscenity problem has yet been devised by [the] Court." The unreconciled conflicts among the several opinions of Supreme Court Justices ·written since 1957, and the new uncertainties created by the …