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Articles 1 - 17 of 17
Full-Text Articles in Law
Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman, Chris K. Iijima
Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman, Chris K. Iijima
University of Michigan Journal of Law Reform
Recently, critics of the Anglo-American jury system have complained that juries in criminal trials have been ignoring the law, in favor of defendants who claim that they lack criminal responsibility because they are afflicted by the various victimization syndromes now popularized in the mass media. In this Article, Professors Dorfman and Iijima counter this characterization of the "runaway" jury and argue that juries are not ignoring the law, but rather, are exercising a primary power of the jury, to nullify the application of the law when such application to a particular defendant is unjust. The Authors trace the development of …
The Jury: Trial And Error In The American Courtroom, John C. Blattner
The Jury: Trial And Error In The American Courtroom, John C. Blattner
Michigan Law Review
A Review of The Jury: Trial and Error in the American Courtroom by Stephen J. Adler
The Case For Appellate Court Revision, Joseph F. Weis Jr.
The Case For Appellate Court Revision, Joseph F. Weis Jr.
Michigan Law Review
A Review of Rationing Justice on Appeal: The Problems of the U.S. Courts of Appeals by Thomas E. Baker
Unemployment Compensation For Employees Of Educational Institutions: How State Courts Have Created Variations On Federally Mandated Statutory Language, Maribeth Wilt-Seibert
Unemployment Compensation For Employees Of Educational Institutions: How State Courts Have Created Variations On Federally Mandated Statutory Language, Maribeth Wilt-Seibert
University of Michigan Journal of Law Reform
Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.
Transfer And Choice Of Federal Law: The Appellate Model, Robert A. Ragazzo
Transfer And Choice Of Federal Law: The Appellate Model, Robert A. Ragazzo
Michigan Law Review
In light of recent developments, a reexamination of the position that transferee federal law applies regardless of the context is in order. This article argues that the consensus that existed prior to the Marcus article and the Korean Air Lines case, although not based upon the most thorough analysis, comprises the better view: transferee federal law should apply after permanent but not MDL transfers.
The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy
The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy
University of Michigan Journal of Law Reform
This Note discusses the quid pro quo requirement under the Hobbs Act, a federal criminal statute which applies to bribery by public officials. The author first describes two recent decisions by the Supreme Court, McCormick v. United States and Evans v. United States, which established slightly different versions of a quid pro quo requirement in public corruption prosecutions under the Hobbs Act. The author then explains that the lower federal courts interpreting McCormick and Evans have molded the quid pro quo requirement so that a prosecutor must prove in all public corruption cases under the Hobbs Act that the …
Diluting Justice On Appeal?: An Examination Of The Use Of District Court Judges Sitting By Designation On The United States Courts Of Appeals, Richard B. Saphire, Michael E. Solimine
Diluting Justice On Appeal?: An Examination Of The Use Of District Court Judges Sitting By Designation On The United States Courts Of Appeals, Richard B. Saphire, Michael E. Solimine
University of Michigan Journal of Law Reform
According to a number of studies and commentators, a serious caseload crisis faces the federal courts. With respect to the federal courts of appeals, some have called for drastic remedial measures. Until Congress responds, the courts of appeals have been forced to adopt a range of coping measures. In this article, Professors Saphire and Solimine examine one of these measures, the utilization of designated district court judges on appellate panels. After discussing the origins and extent of this practice, they identify a number of problems it raises. They argue that extensive and routine utilization of district judges on appellate panels …
A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann
A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann
Michigan Journal of International Law
Though narrow in scope, this article is emphatic in its message. It is time to deny immunity to foreign sovereigns for torture, genocide, or enslavement, at least when they are sued by Americans in American courts. Such a denial would be consonant with two developments that have marked international law since World War II: the restriction of sovereign immunity and the expansion of human rights protection.
Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann
Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann
Michigan Journal of International Law
The scope of this article, like the one to which it responds, is limited. It does not purport to resolve any question relating to the municipal law of the United States, such as the interpretation of the Foreign Sovereign Immunities Act. Instead, it considers the problem from a purely international law perspective. Furthermore, it does not indulge in a complete description of attempts made by the Federal Republic of Germany to pay compensation - as far as feasible - for all the blatant human rights violations committed by Nazi Germany in the period 1933-1945.
How To Think About The Federal Commerce Power And Incidentally Rewrite United States V. Lopez, Donald H. Regan
How To Think About The Federal Commerce Power And Incidentally Rewrite United States V. Lopez, Donald H. Regan
Articles
Almost sixty years after the "revolution" of 1937, we still do not have an adequate theory of the commerce power. The Court was right to abandon the theory of dual federalism epitomized by Carter v. Carter Coal Co.;' and it has got the right results in the major cases decided since then. But our post-1937 theory, whether before or after Lopez, is a mess. On the one hand, we have a collection of doctrinal rules that, if we take them seriously, allow Congress to do anything it wants under the commerce power. On the other hand, we continue to pay …
Imagining Children's Rights, Suellyn Scarnecchia
Imagining Children's Rights, Suellyn Scarnecchia
Articles
Today, I will tell you some stories about real, live children, whose futures have been determined by our legal system. To speak of children's rights hypothetically, raises images of children suing to go live with their rich uncle or suing to demand a Nintendo system from their parents. I hope that by bringing you stories of the legal system's treatment of real children, you will have a better understanding of what I mean by children's rights and why they must be recognized. Although children's rights have been recognized in limited ways in the areas of free speech, criminal law and …
A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
A Child's Right To Protection From Transfer Trauma In A Contested Adoption Case, Suellyn Scarnecchia
Articles
On August 2, 1993, I arrived at the home of Jan, Robby, and Jessica DeBoer' a few hours before the transfer. At 2:00 P.M. I would carry Jessica out of her home and deliver her to the parents who had won the case,2 her biological mother and father. This task probably would have been easier had I not spent eight days in the trial court listening to the experts explain that this transfer from one set of parents to another would harm Jessica.3 It would have been easier had I not recently obtained affidavits from other experts to persuade the …
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
Articles
On Feb. 17, 1992, Jeffrey Dahmer was sentenced to fifteen consecutive terms of life imprisonment for killing and dismembering fifteen young men and boys. Dahmer had been arrested six months earlier, on July 22, 1991. On Jan. 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on Jan. 30. The jury heard two weeks of horrifying testimony about murder, mutilation and necrophilia; they deliberated for five hours before finding that Dahmer was sane when he committed thos crimes. After …
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Articles
I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization.
Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar
Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar
Book Chapters
SOME 30 YEARS AGO an eminent constitutional law scholar, Charles L. Black, Jr, spoke of 'toiling uphill against that heaviest of all argumental weights- the weight of a slogan.' I am reminded of that observation when I confront the slogan the 'right to die.' Few rallying cries or slogans are more appealing and seductive than the 'right to die.' But few are more fuzzy, more misleading, or more misunderstood.
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Articles
The jury's competence, unlike that of the judge, rests partly on its ability to reflect the perspectives, experiences, and values of the ordinary people in the community - not just the most common or typical community perspective, but the whole range of viewpoints.
What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White
What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White
Articles
The question the papers in this Special Issue address is whether it matters how judicial opinions are written, and if so why. My hope here is to suggest a way of elaborating the question that may provide the reader with a useful point of departure for reading the more extensive papers that follow.