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Articles 61 - 90 of 579
Full-Text Articles in Law
Transnational Networks And International Criminal Justice, Jenia Iontcheva Turner
Transnational Networks And International Criminal Justice, Jenia Iontcheva Turner
Michigan Law Review
The theory of transgovernmental networks describes how government officials make law and policy on issues of global concern by coordinating informally across borders, without legal or official sanction. Scholars have argued that this sort of coordination is useful in many different areas of cross-border regulation, including banking, antitrust, environmental protection, and securities law. One area to which the theory has not yet been applied is international criminal law. For a number of reasons, until recently, international criminal law had not generated the same transgovernmental networks that have emerged in other fields. With few exceptions, international criminal law had been enforced …
"Eggshell" Victims, Private Precautions, And The Societal Benefits Of Shifting Crime, Robert A. Mikos
"Eggshell" Victims, Private Precautions, And The Societal Benefits Of Shifting Crime, Robert A. Mikos
Michigan Law Review
Individuals spend billions of dollars every year on precautions to protect themselves from crime. Yet the legal academy has criticized many private precautions because they merely shift crime onto other, less guarded citizens, rather than reduce crime. The conventional wisdom likens such precaution-taking to rent-seeking: citizens spend resources to shift crime losses onto other victims, without reducing the size of those losses to society. The result is an unambiguous reduction in social welfare. This Article argues that the conventional wisdom is flawed because it overlooks how the law systematically understates the harms suffered by some victims of crime, first, by …
Facing Evil, Joseph E. Kennedy
Facing Evil, Joseph E. Kennedy
Michigan Law Review
It is no earthshaking news that the American public has become fascinated- some would say obsessed-with crime over the last few decades. Moreover, this fascination has translated into a potent political force that has remade the world of criminal justice. Up through the middle of the 1960s crime was not something about which politicians had much to say. What was there to say? "Crime is bad." "We do what we can about crime." "Crime will always be with us at one level or another." Only a hermit could have missed the transformation of crime over the last couple of decades …
Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz
Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz
Michigan Law Review
Most legal scholars assume that if V consents to allow D to do something to him, such consent makes D's actions legally and morally acceptable. To be sure, they are willing to make an exception when consent is given under a specified list of conditions: Force, fraud, incompetence, third-party effects, unequal bargaining power, commodification, paternalism - all of these may be grounds for rejecting the validity of V's consent. We might call scholars who take this view of consent quasi-libertarians. In this Article, I argue against the quasi-libertarian view of consent. My central claim is that the validity of consent …
American Indians, Crime, And The Law, Kevin K. Washburn
American Indians, Crime, And The Law, Kevin K. Washburn
Michigan Law Review
This Article evaluates the federal Indian country criminal justice regime, not against norms of Indian law and policy, but against those of criminal law and policy. Specifically, this Article evaluates the federal constitutional norms that lie at the heart of American criminal justice and that are designed to ensure the legitimacy of federal criminal trials. Toward that end, Part I presents a critical description of key facets of the federal Indian country criminal justice system. Part II begins the critical evaluation by evaluating a key institutional player in the federal system, the federal prosecutor. It highlights the handicaps faced by …
The Market For Criminal Justice: Federalism, Crime Control, And Jurisdictional Competition, Doron Teichman
The Market For Criminal Justice: Federalism, Crime Control, And Jurisdictional Competition, Doron Teichman
Michigan Law Review
Part I introduces the concepts of jurisdictional competition and crime displacement and argues that, as a positive matter, a decentralized criminal justice system may create a competitive process among the different units composing it, in which each such unit attempts to divert crime to neighboring communities. Part II then turns to evaluate the normative aspects of jurisdictional competition in the area of criminal justice. In this context I will show that competition can have both advantages and disadvantages. On one hand, the forces of competition might drive jurisdictions to fight crime efficiently, since any jurisdiction that functions inefficiently will suffer …
Equality, Objectivity, And Neutrality, Alafair S. Burke
Equality, Objectivity, And Neutrality, Alafair S. Burke
Michigan Law Review
When is homicide reasonable? That familiar, yet unanswered question continues to intrigue both courts and criminal law scholars, in large part because any response must first address the question, "reasonable to whom?" The standard story about why that threshold question is both difficult and interesting usually involves a juxtaposition of "objective" and "subjective" standards for judging claims of reasonableness. On the one hand, the story goes, is a "subjective" standard of reasonableness under which jurors evaluate the reasonableness of a criminal defendant's beliefs and actions by comparing them to those of a hypothetical reasonable person sharing all of the individual …
Pluralizing International Criminal Justice, Mark A. Drumbl
Pluralizing International Criminal Justice, Mark A. Drumbl
Michigan Law Review
From Nuremberg to The Hague scours the institutions of international criminal justice in order to examine their legitimacy and effectiveness. This collection of essays is edited by Philippe Sands, an eminent authority on public international law and professor at University College London. The five essays derive from an equal number of public lectures held in London between April and June 2002. The essays - concise and in places informal - carefully avoid legalese and arcania. Taken together, they cover an impressive spectrum of issues. Read individually, however, each essay is ordered around one or two well-tailored themes, thereby ensuring analytic …
Was The Frog Prince Sexually Molested?: A Review Of Peter Westen's The Logic Of Consent, Heidi M. Hurd
Was The Frog Prince Sexually Molested?: A Review Of Peter Westen's The Logic Of Consent, Heidi M. Hurd
Michigan Law Review
Peter Westen's The Logic of Consent is nothing short of a tour de force. In the tradition of the very best and most significant contributions to legal theory, Professor Westen demonstrates that we do not know what we think we know about a capacity that on a daily basis turns trespasses into dinner parties, brutal batteries into football games, rape into lovemaking, and the commercial appropriation of name and likeness into biography. While we all employ claims of consent in everyday moral gossip to absolve some and withhold sympathy from others, and while courts of law across the nation commonly …
Pleas' Progress, Stephanos Bibas
Pleas' Progress, Stephanos Bibas
Michigan Law Review
George Fisher's new book, Plea Bargaining's Triumph, is really three books in one. The first part is a careful, detailed explanation of how and why plea bargaining exploded in Middlesex County, Massachusetts in the nineteenth century. This part is the fruit of an impressive amount of original research in Massachusetts court records and newspaper archives. The second part of the book looks more broadly at other academic histories of plea bargaining in England, California, and New York. It explains how the forces that produced plea bargaining in Middlesex County likewise contributed to plea bargaining's rise elsewhere. The final part …
Justice In The Time Of Terror, Sharon L. Davies
Justice In The Time Of Terror, Sharon L. Davies
Michigan Law Review
On my drive into work recently I found myself behind a Ford pickup truck and noticed its bumper sticker: "When the going gets tough, I get a machine gun." Not a doctor. Not a counselor or mediator. Not a shelter for cover. Not the wisdom of a favored advisor or a proven friend. But a machine gun. How odd, I thought, to prefer a weapon incapable of identifying with any precision, any careful thought, where the enemy of the wielder of it might actually be hidden. A weapon as apt to injure non-targets as targets. A weapon mindless of its …
Every Move You Make: How Stories Shape The Law Of Stalking, Anna-Rose Mathieson
Every Move You Make: How Stories Shape The Law Of Stalking, Anna-Rose Mathieson
Michigan Law Review
Bunny-boiler is now an official part of the English language. This word - taken from the scene in Fatal Attraction where Glenn Close's character boils the pet rabbit of the man she has been stalking - was unknown fifteen years ago. Although still not in common parlance, "bunny-boiler" has made its way far enough into our culture that a brief explanation of its source can conjure up an image of the obsessive, vindictive stalker it describes. Along with the entrance of this word into our language has come an explosive growth in laws punishing stalkers. Before 1990, no state in …
What Is And Is Not Pathological In Criminal Law, Kyron Huigens
What Is And Is Not Pathological In Criminal Law, Kyron Huigens
Michigan Law Review
In a recent article in this law review, William J. Stuntz argues that criminal law in the United States suffers from a political pathology. The incentives of legislators are such that the notorious overcriminalization of American society is deep as well as broad. That is, not only are remote corners of life subject to criminal penalties - such things as tearing tags off mattresses and overworking animals - but now crimes are defined with the express design of easing the way to conviction. Is proof of a tangible harm an obstacle to using wire and mail fraud statutes to prosecute …
Reply: Criminal Law's Pathology, William J. Stuntz
Reply: Criminal Law's Pathology, William J. Stuntz
Michigan Law Review
I thank Kyron Huigens for devoting his time and his considerable talent to responding to my article, The Pathological Politics of Criminal Law. I also thank editors of the Michigan Law Review for giving me the opportunity to reply. It is best to begin by defining the contested territory. Huigens and I agree (I think) on three propositions. First, American criminal law, both federal and state, is very broad; it covers a great deal more conduct than most people would expect. Second, American criminal law is very deep: that which it criminalizes, it criminalizes repeatedly, so that a single …
Casting New Light On An Old Subject: Death Penalty Abolitionism For A New Millennium, Wayne A. Logan
Casting New Light On An Old Subject: Death Penalty Abolitionism For A New Millennium, Wayne A. Logan
Michigan Law Review
For opponents of capital punishment, these would appear promising times. Not since 1972, when the Supreme Court invalidated the death penalty as then administered, has there been such palpable concern over its use, reflected in the lowest levels of public opinion support evidenced in some time. This concern is mirrored in the American Bar Association's recently recommended moratorium on use of the death penalty, the consideration of or actual imposition of moratoria in several states, and even increasing doubts voiced by high-profile political conservatives. An array of troubling empirical realities has accompanied this shift: persistent evidence of racial bias in …
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Michigan Law Review
From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on sexual violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, …
The Progress Of Passion, Kathryn Abrams
The Progress Of Passion, Kathryn Abrams
Michigan Law Review
Like an abandoned fortress, the dichotomy between reason and the passions casts a long shadow over the domain of legal thought. Beset by forces from legal realism to feminist epistemology, this dichotomy no longer holds sovereign sway. Yet its structure helps to articulate the boundaries of the legal field; efforts to move in and around it infuse present thinking with the echoes of a conceptually distinct past. Early critics of the dichotomy may unwittingly have prolonged its influence through the frontal character of their attacks. By challenging a strong distinction between emotion and reason, critics kept it, paradoxically, before legal …
The Pathological Politics Of Criminal Law, William J. Stuntz
The Pathological Politics Of Criminal Law, William J. Stuntz
Michigan Law Review
Substantive criminal law defines the conduct that the state punishes. Or does it? If the answer is yes, it should be possible, by reading criminal codes (perhaps with a few case annotations thrown in), to tell what conduct will land you in prison. Most discussions of criminal law, whether in law reviews, law school classrooms, or the popular press, proceed on the premise that the answer is yes. Law reform movements regularly seek to broaden or narrow the scope of some set of criminal liability rules, always on the assumption that by doing so they will broaden or narrow the …
A Hybrid Approach To The Use Of Deliberate Ignorance In Conspiracy Cases, Jessica A. Kozlov-Davis
A Hybrid Approach To The Use Of Deliberate Ignorance In Conspiracy Cases, Jessica A. Kozlov-Davis
Michigan Law Review
When hunted, the ostrich is said to run a certain distance and then thrust its head into the sand, thinking, because it cannot see, that it cannot be seen by the hunters. Legal parlance therefore refers to the "ostrich instruction," used when a defendant acts with the awareness of a high probability of the existence of an incriminating fact, but remains deliberately ignorant as to whether the fact actually exists, hoping his ignorance will maintain his innocence. The defendant is like the ostrich - he thinks that if he does not actually see the facts, even though he knows they …
Ever The Twain Shall Meet, Fred S. Mcchesney
Ever The Twain Shall Meet, Fred S. Mcchesney
Michigan Law Review
Instinctively, corruption is deplorable. Nobody likes private citizens paying governmental officials for special favors. Few have deplored corruption longer or in greater detail than economist Susan Rose-Ackerman. In Corruption and Government, Professor Rose-Ackerman discusses how corruption starts ("causes"), why it is bad ("consequences"), and how to stop it ("reform"), principally from an economic perspective. Professor Rose-Ackerman's interest in corruption derives partly from her outside work with international agencies, especially time spent at the World Bank - "a transformative experience" (p. xi). Her twenty-two page bibliography ranges across sources in economics and politics, plus many documents from the World Bank and …
Are We Protecting The Wrong Rights?, Jennifer L. Saulino
Are We Protecting The Wrong Rights?, Jennifer L. Saulino
Michigan Law Review
Elizabeth Bartholet, in her book Nobody's Children, takes a strong step toward beginning a new kind of dialogue about abused and neglected children. She positions herself as a liberal who has come to terms with the fact that traditional liberal ideals are in conflict with the needs of abused and neglected children (p. 5). In doing so, she tries to convince her readers that, regardless of ideology, we all should have a different focus in the area of child abuse and neglect law. She uses Sabrina as one of several examples of how programs for abused and neglected children that …
Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd
Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd
Michigan Law Review
Throughout A Natural History of Rape, coauthors Randy Thomhill and Craig Palmer resort to what is known among philosophers of science as "The Galileo Defense," which amounts to the following claim: I am telling the Truth and doing excellent science, but because of ideology and ignorance, I am being persecuted. The authors have repeated and elaborated upon this defense during the si:lable media flurry accompanying the book's publication in February 2000. Now, history has accepted this defense from Galileo. But in order for it to work for Thornhill and Palmer, of course, they must be telling the Truth and doing …
Conjunction And Aggregation, Saul Levmore
Conjunction And Aggregation, Saul Levmore
Michigan Law Review
This Article begins with the puzzle of why the law avoids the issue of conjunctive probability. Mathematically inclined observers might, for example, employ the "product rule," multiplying the probabilities associated with several events or requirements in order to assess a combined likelihood, but judges and lawyers seem otherwise inclined. Courts and statutes might be explicit about the manner in which multiple requirements should be combined, but they are not. Thus, it is often unclear whether a factfinder should assess if condition A was more likely than not to be present - and then go on to see whether condition B …
Prosecution Of Minor Subcontractors Under The Major Fraud Act Of 1988, Chris Liro
Prosecution Of Minor Subcontractors Under The Major Fraud Act Of 1988, Chris Liro
Michigan Law Review
In the late 1980s, a series of well-publicized defense contractor abuses brought the ordinarily obscure topic of government contracting into the public eye. These abuses included not only instances of seemingly wasteful charges, like the infamous $600 toilet seat, approved by a complicit Department of Defense, but also examples of truly fraudulent activity such as knowingly overbilling and supplying inferior quality goods. The fraud cases grabbed the public attention for three primary reasons. First, enormous sums of money were involved. Second, the nature of the fraud often posed a direct danger to United States troops, potentially compromising "national security." Finally, …
Aggravated Assaults With Chairs Versus Guns: Impermissible Applied Double Counting Under The Sentencing Guidelines, Carolyn Barth
Aggravated Assaults With Chairs Versus Guns: Impermissible Applied Double Counting Under The Sentencing Guidelines, Carolyn Barth
Michigan Law Review
In a bar called Andrea's Attic, David and Victor were having a drink when they got into an argument. The argument escalated until Victor said something that infuriated David. David looked at Victor, and, wanting to hurt Victor, grabbed the nearest object, a chair, and then threw it at Victor. The chair hit Victor and he fell to the ground, but was not hurt. In a bar called Barb's Barn down the street, Valerie was having a drink. Dorothy walked into the bar, grabbed Valerie by the arm and dragged her outside onto the street. As Valerie was dragged, she …
"Ready? Induce. Sting!": Arguing For The Government's Burden Of Proving Readiness In Entrapment Cases, David D. Tawil
"Ready? Induce. Sting!": Arguing For The Government's Burden Of Proving Readiness In Entrapment Cases, David D. Tawil
Michigan Law Review
For over 100 years the United States judiciary has struggled with the sting and the entrapment defense, examining whether government agents deviously manufacture crimes or merely afford criminals the opportunity to commit them. The sentiments of Justice Holmes were rare for his time, but today they are reflected in a growing sympathy for sting victims. While courts are now more willing than ever to find entrapment, they still differ over the burden of proof that the government must satisfy to overthrow an entrapment defense. Specifically, courts disagree about whether the burden includes proof that the defendant had the ability and …
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Michigan Law Review
Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into the public spotlight. On both sides of the country, in our nation's two largest cities, police are being called to account for acts of violence directed toward poor people of color. In New York City, a West African immigrant named Amadou Diallo was killed by four white police officers, who fired forty-one bullets at the unarmed man as he stood in the vestibule of his apartment building in a poor section of the Bronx. Did race influence the officers' decisions to fire the …
Rationalizing Juvenile Justice, Carolyn J. Frantz
Rationalizing Juvenile Justice, Carolyn J. Frantz
Michigan Law Review
Few issues have occupied the public mind so much in recent years as the problem of youth violence. Due to sensational school shootings and public paranoia about the violence of youth gangs, America is concerned - very concerned - about the growing criminality of its children. In our concern, we find ourselves caught in the classic conundrum of criminal responsibility: reconciling the unavoidable knowledge that much of human behavior is determined with our strong instincts about free will. We blame violent television and video games, we blame single mothers, we blame low church attendance, but when all is said and …
The Universal Grammar Of Criminal Law, Stuart P. Green
The Universal Grammar Of Criminal Law, Stuart P. Green
Michigan Law Review
There is something about the criminal law that invites comparative analysis. The interests it protects are so basic, and its concerns so fundamental, that it is natural to ask whether there are aspects of criminal law that are somehow universal. We want to know whether familiar concepts such as murder and manslaughter, intent and negligence, and insanity and mistake, are characteristic of other systems of criminal law as well, and, if so, what role they play there. In the last generation, no criminal law scholar has made better use of comparative law techniques than George Fletcher, the Cardozo Professor of …
The Perils Of Courtroom Stories, Stephan Landsman
The Perils Of Courtroom Stories, Stephan Landsman
Michigan Law Review
As Janet Malcolm1 tells it, Sheila McGough was a middle-aged single woman living at home with her parents and working as an editor and administrator in the publications department of the Carnegie Institute when she decided to switch careers and go to law school. She applied and was admitted to the then recently accredited law school at George Mason University. After graduation, she began a solo practice in northern Virginia that involved a significant amount of stateappointed criminal defense work. In 1986, approximately four years after her graduation from law school, McGough received a call requesting assistance from an incarcerated …