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Full-Text Articles in Law

Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review Dec 1981

Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review

Michigan Law Review

This Note considers the applicability of the necessity defense in criminal prosecutions of parents and deprogrammers. Part I explores the conflicting policies that underlie the traditional necessity defense, and suggests that courts replace their unitary approach to necessity with a "choice of evils" defense - for actors reasonably attempting to avoid a greater evil - and a "compulsion" defense - for actors reacting understandably to the pressure of circumstances. Part II applies these defenses to deprogramming cases, and concludes that rarely may they be advanced successfully.


Business Decisions By The New Board: Behavioral Science And Corporate Law, Robert J. Haft Nov 1981

Business Decisions By The New Board: Behavioral Science And Corporate Law, Robert J. Haft

Michigan Law Review

This Article's thesis is that, by reason of its recently secured independence from management domination, the boards of directors of large American corporations are now in a unique position to make business decisions of the highest quality, and that corporate law should respond to this potential appropriately. On the basis of findings in the behavioral sciences, this Article urges a limited rethinking of the role of the chief executive and the board of directors before the model of directors as "monitors" of the chief executive's performance is frozen in place. Already armed with information supposedly received as monitors, the independent …


The Uses Of Psychiatry In The Law: A Clinical View Of Forensic Psychiatry, Michigan Law Review Mar 1981

The Uses Of Psychiatry In The Law: A Clinical View Of Forensic Psychiatry, Michigan Law Review

Michigan Law Review

A Review of The Uses of Psychiatry in the Law: A Clinical View of Forensic Psychiatry by Walter Bromberg


Judgment Non Obstantibus Datis, Reid Hastie Mar 1981

Judgment Non Obstantibus Datis, Reid Hastie

Michigan Law Review

A Review of Jury Trials by John Baldwin and Michael McConville


Mental Disabilities And Criminal Responsibility, Michigan Law Review Mar 1981

Mental Disabilities And Criminal Responsibility, Michigan Law Review

Michigan Law Review

A Review of Mental Disabilities and Criminal Responsibility by Herbert Fingarette and Ann Fingarette Hasse


Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review Mar 1981

Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review

Michigan Law Review

A Review of Beating a Rap? Defendants Found Incompetent To Stand Trial by Henry J. Steadman


Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review Mar 1981

Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review

Michigan Law Review

A Review of Conscience and Convenience: The Asylum and Its Alternatives in Progressive America by David J. Rothman


Psycholegal Research: Past And Present, Wallace D. Loh Mar 1981

Psycholegal Research: Past And Present, Wallace D. Loh

Michigan Law Review

A Review of The Psychology of Eyewitness Testimony by A. Daniel Yarmey, and Eyewitness Testimony by Elizabeth F. Loftus, and Social Psychology in Court by Michael J. Saks and Reid Hastie, and The Criminal Justice System and Its Psychology by Alfred Cohn and Roy Udolf