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Articles 1 - 30 of 71
Full-Text Articles in Law
Dangerousness And Criminal Justice, Franklin E. Zimring, Gordon Hawkins
Dangerousness And Criminal Justice, Franklin E. Zimring, Gordon Hawkins
Michigan Law Review
The first section of this paper surveys some recent writings on the topic of dangerousness for major inconsistencies, which we regard as illuminating the special problem of dangerousness in the jurisprudence of criminal sentencing.
The second section describes the "special problem of dangerousness," for, we believe, the first time. The special problem is the fear that any admission of calculations of dangerousness into sentencing decisions will lead to an overuse of dangerousness, which may be worse than the inefficiencies and hypocrisies we confront when denying that future dangerousness is relevant to decisions about prisons.
The third section attempts to reorganize …
Normative And Interpretive Conceptions Of Human Conduct: Decision-Making, Criminal Justice, And Parole , David R. Novack
Normative And Interpretive Conceptions Of Human Conduct: Decision-Making, Criminal Justice, And Parole , David R. Novack
Washington and Lee Law Review
No abstract provided.
On Legal Decision-Making, Keith Hawkins
On Legal Decision-Making, Keith Hawkins
Washington and Lee Law Review
No abstract provided.
The Interpretive Method In The Study Of Legal Decision-Making, John M. Thomas
The Interpretive Method In The Study Of Legal Decision-Making, John M. Thomas
Washington and Lee Law Review
No abstract provided.
Social Science "Theory" And The Legal Decision-Making Process: A Response To Professor Keith 0. Hawkins, Emory Kimbrough, Jr.
Social Science "Theory" And The Legal Decision-Making Process: A Response To Professor Keith 0. Hawkins, Emory Kimbrough, Jr.
Washington and Lee Law Review
No abstract provided.
The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning
The Social Reality And Social Organization Of Natural Decision-Making, Peter K. Manning
Washington and Lee Law Review
No abstract provided.
A Bicentennial Symposium--The Constitution And Human Values: The Unfinished Agenda, Milner S. Ball
A Bicentennial Symposium--The Constitution And Human Values: The Unfinished Agenda, Milner S. Ball
Scholarly Works
The participants in this Symposium share a commitment to explore the question whether law--constitutional law in particular--is one of the humanities and therefore subject to understanding, critique, conceptualization, and practice in freshly humanizing modes. These authors--lawyers, poets, philosophers, writers, activists--make no great claims for their individuals labors or their shared enterprise. They prefer instead to let the work speak for itself.
Artists, Workers, And The Law Of Work: Keynote Address, Howard Lesnick
Artists, Workers, And The Law Of Work: Keynote Address, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Constituting Communities Through Words That Bind: Reflections On Loyalty Oaths, Sanford Levinson
Constituting Communities Through Words That Bind: Reflections On Loyalty Oaths, Sanford Levinson
Michigan Law Review
Preparation of this essay has not served to resolve my own ambivalences about what, after all, Duncan Kennedy once named the "fundamental contradiction" of all social life, the tension between "individual freedom" and the coercive communal life with "[o]thers (family, friends, bureaucrats, cultural figures, the state)" that is "necessary if we are to become persons at all - they provide us the stuff of our selves and protect us ,in crucial ways against destruction." It should not be surprising if something so fundamental does not prove amenable to resolution. In any case, the reader should not expect to find a …
Community, Citizenship, And The Search For National Identity, Frederick Schauer
Community, Citizenship, And The Search For National Identity, Frederick Schauer
Michigan Law Review
As a test of this proposition, I want to explore the issue of alienage restrictions. Under what circumstances is it justifiable to draw lines based on whether a person is a citizen? Lines drawn on the basis of citizenship are a useful test of how seriously we take the idea of the nation as a relevant community and, more tangentially, of how seriously we take the idea of community itself. To the extent that we are skeptical of such lines, our concerns are to that extent individual-oriented, primarily focused on the adverse consequences of excluding some people from benefits or …
Law, Legalism, And Community Before The American Revolution, Bruce H. Mann
Law, Legalism, And Community Before The American Revolution, Bruce H. Mann
Michigan Law Review
The connections between law and community are difficult to identify, let alone explain. It may be best to begin by seeing how law and the ways people used it changed, and then attempt to relate those changes to the surrounding economy and society. One must, of course, be wary of finding what one looks for. Nonetheless, as with objects against a dark background, it is sometimes easier to see things when they move than when they remain still. To illustrate the interactive nature of legal change and community, I will draw on examples from Connecticut before the Revolution - not …
An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans
An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans
Cornell Law Faculty Publications
Results from a public opinion survey of knowledge, attitudes, and support for the insanity defense indicate that people dislike the insanity defense for both retributive and utilitarian reasons: they want insane law-breakers punished, and they believe that insanity defense procedures fail to protect the public. However, people vastly overestimate the use and success of the insanity plea. Several attitudinal and demographic variables that other researchers have found to be associated with people's support for the death penalty and perceptions of criminal sentencing are also related to support for the insanity defense. Implications for public policy are discussed.
An Empirical Analysis Of The Medical And Legal Professions' Experiences And Perceptions Of Medical And Legal Malpractice, J. Douglas Peters, Steven K. Nord, R. Donald Woodson
An Empirical Analysis Of The Medical And Legal Professions' Experiences And Perceptions Of Medical And Legal Malpractice, J. Douglas Peters, Steven K. Nord, R. Donald Woodson
University of Michigan Journal of Law Reform
The purpose of this study is to describe the general perceptions of doctors and lawyers regarding medical and legal malpractice. The study does not purport to draw conclusions about the statistical significance of the presented numbers and percentages. In addition, the results presented should be interpreted in light of the methodology and response rate obtained in the survey.
Kitsch And Community, Kathryn Abrams
Kitsch And Community, Kathryn Abrams
Michigan Law Review
A Review of Habits of the Heart by Robert Bellah, Richard Madsden, William Sullivan, Ann Swidler and Steven Tipton, and Strong Democracy by Benjamin Barber, Exodus and Revolution by Michael Walzer
In The Jungle Of Cities, Anthony Chase
In The Jungle Of Cities, Anthony Chase
Michigan Law Review
A Review of American Violence and Public Policy: An Update of the National Commission on the Causes and Prevention of Violence by Lynn A. Curtis and The Miami Riot of 1980: Crossing the Bounds by Bruce Porter and Marvin Dunn
The Glittering Eye Of Law, Geoffrey P. Miller
The Glittering Eye Of Law, Geoffrey P. Miller
Michigan Law Review
A Review of The Authoritative and the Authoritarian by Joseph Vining
Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz
Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz
Michigan Law Review
A Review of Lying Down Together: Law, Metaphor, and Theology by Milner S. Ball
Juries On Trial: Faces Of American Justice, Nancy J. King
Juries On Trial: Faces Of American Justice, Nancy J. King
Michigan Law Review
A Review of Juries on Trial: Faces of American Justice by Paula DiPerna
Organised Crime As Terrorism, Mark Findlay
Organised Crime As Terrorism, Mark Findlay
Research Collection Yong Pung How School Of Law
In a somewhat belated incursion into the international debate about the threat of organised crime, Federal and State governments in Australia have chosen to represent the 'menace' as an attack on the institution of the state as much as a physical and financial danger to society. This is consistent with the approaches of governments in the United States and Italy in constructing the reality of the Mafia.
Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear
Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear
Michigan Law Review
A Review of Dangerous Offenders: The Elusive Target of Justice by Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman
Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg
Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg
Michigan Law Review
A Review ofWhat Do Unions Do? by Richard B. Freeman and James L. Medoff
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
Michigan Law Review
A Review of A Capacity to Punish: The Ecology of Crime and Punishment by Henry N. Pontell
When Justice Fails, Stephan Landsman
When Justice Fails, Stephan Landsman
Michigan Law Review
A Review of The Haymarket Tragedy by Paul Avrich
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
West's Law & Commercial Dictionary in Five Languages
West Publishing Company, 1985. Pp. xvi, 885, 899.
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Flags of Convenience
By B.N. Metaxes
Aldershot, England and Brookfield, Vermont
Gower Publishing Company, 1985. Pp.x, 107.
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External Debt Management
Edited by Hassanali Mehran
Washington, D.C.: International Monetary Fund, 1985. Pp. v, 322.
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Adjustment, Conditionality, and International Financing
Edited by Joaquin Muns
Washington, D.C.: International Monetary Fund, 1984. Pp. xi, 214.
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Non-Appearance Before the International Court of Justice
By H.W.A. Thirlway
Cambridge: Cambridge University Press, 1985. Pp. v, 184.
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William Sheppard, Cromwell's Law Reformer
By Nancy L. Matthews
London: …
An Alphabet Book (Incomplete), Or: Elements Of A Legal Philosophy, Warren Lehman
An Alphabet Book (Incomplete), Or: Elements Of A Legal Philosophy, Warren Lehman
Buffalo Law Review
No abstract provided.
Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin
Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching consent decree that mandates specific reforms in policy and practice to be implemented by a public social welfare agency in its delivery of services to foster children and their families.
Defending Miranda: A Reply To Professor Caplan, Welsh S. White
Defending Miranda: A Reply To Professor Caplan, Welsh S. White
Vanderbilt Law Review
Professor Caplan yearns for the good old days "when the police enjoyed greater public confidence" and, in accordance with the tactics recommended in the police manuals, it was acceptable "for an investigator to talk sharply to the suspect or glare at him or sit too closely or withhold cigarettes, or, from the opposite vantage, to pretend to be a sympathetic friend or a concerned coreligionist."'Thus, Professor Caplan attacks the Miranda decision on the ground that "by introducing novel conceptions of the proper relationship between the suspect and authority," Miranda operates to subvert the principal function of the criminal process, the …
Proposals To Amend Rule 68 - Time To Abandon Ship, Stephen B. Burbank
Proposals To Amend Rule 68 - Time To Abandon Ship, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Developments In Law - Toxic Waste Litigation, Howard F. Chang
Developments In Law - Toxic Waste Litigation, Howard F. Chang
All Faculty Scholarship
No abstract provided.
In What Vision Of The Constitution Must The Law Be Color-Blind, 20 J. Marshall L. Rev. 201 (1986), Laurence H. Tribe
In What Vision Of The Constitution Must The Law Be Color-Blind, 20 J. Marshall L. Rev. 201 (1986), Laurence H. Tribe
UIC Law Review
No abstract provided.