Law Commons^™

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 …

The Criminal Forfeiture Provisions Of The Rico And Cce Statutes: Their Application To Attorneys' Fees, Gregory Merz

University of Michigan Journal of Law Reform

This Note argues that the criminal forfeiture provisions of RICO and CCE should not apply to attorneys' fees legitimately paid for services rendered. Part I examines the distinction between criminal and civil forfeiture, focusing particularly on forfeiture of property transferred to third parties. Part II discusses ways in which forfeiture of attorneys' fees adversely impacts the attorney-client relationship. Part III suggests a construction of the criminal forfeiture provisions that avoids the problems presented by attorneys' fees forfeiture but maintains criminal forfeiture as a deterrent to crime.

A Mandatory Right To Counsel For The Material Witness, Susan Kling

University of Michigan Journal of Law Reform

This Note argues that a uniform statute establishing a mandatory right to counsel should be adopted, at both the state and federal levels, to afford to the material witness protection that the Constitution fails to provide. Part I describes the general scope of the problem and concludes that neither the federal government, the individual states, nor the United States Constitution provides the material witness with a mandatory right to counsel. Part II argues that the material witness should have a statutorily mandated right to counsel. A mandatory right to counsel should be extended to the material witness both for the …