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Articles 1 - 5 of 5
Full-Text Articles in Law
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Michigan Law Review
I am quite distressed by talk that the landmark case of Mapp v. Ohio "suggests by analogy" that the Court may now overrule Betts v. Brady. For whether one talks about the fourth or the sixth amendment, there is much to be said for Justice Harlan's dissenting views in Mapp. "[W]hatever configurations ... have been developed in the particularizing federal precedents" should not be "deemed a part of 'ordered liberty,' and as such ... enforceable against the States .... [W]e would not be true to the Fourteenth Amendment were we merely to stretch the general principle [ of …
Packer: Ex-Communist Witnesses, Malcolm Sharp
Packer: Ex-Communist Witnesses, Malcolm Sharp
Michigan Law Review
A Review of Ex-Communist Witnesses. By Herbert L. Packer
Procedural Problems Of Class Suits, Joseph J. Simeone
Procedural Problems Of Class Suits, Joseph J. Simeone
Michigan Law Review
The purpose of this article is to discuss numerous aspects of the class device, to discuss the many procedural problems confronting court and counsel, to determine the effectiveness of one type of class suit-the spurious-and in the conclusion, to propose legislation for a new rule independent of the rules regarding class actions, a remedy which would more effectively permit the dispatch of numerous claims arising from similar fact patterns.
Federal Trade Commission-Adjudicatory Proceedings-Receipt Of Evidence In Camera, Peter W. Williamson
Federal Trade Commission-Adjudicatory Proceedings-Receipt Of Evidence In Camera, Peter W. Williamson
Michigan Law Review
During an adjudicatory hearing pursuant to a complaint filed by the Federal Trade Commission, counsel for the Commission offered as evidence some confidential documents subpoenaed from respondent. The hearing examiner, on his own motion, ordered all confidential documents placed in camera. Counsel for the FTC objected to the order and filed an interlocutory appeal to the Commission. On the interlocutory appeal, held, error in part. Because these documents do not contain highly secret business information they must appear on the public transcript, unless tendered to the Commission and obtained subject to an express stipulation that, if offered in …
Evidence - Presumptions - Statutory Presumption Of Due Care In Wrongful Death Action, Francis X. Beytagh Jr.
Evidence - Presumptions - Statutory Presumption Of Due Care In Wrongful Death Action, Francis X. Beytagh Jr.
Michigan Law Review
Consolidation of two actions arising from a multi-vehicle highway accident resulted in verdicts in both causes against appellants. One action was brought against appellants by the administratrix of a deceased driver under a wrongful death statute, and resulted in a verdict for the administratrix because of a statutory presumption of deceased's due care. The other action was a personal injury suit by a third party against appellants and the administratrix as co-defendants, and resulted in a verdict exonerating the deceased driver, despite circumstances raising an inference of his negligence. Appellants' motions for judgment notwithstanding the verdict and new trial were …