Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 15 of 15

Full-Text Articles in Law

The Coming Curtailment Of Compulsory Child Support, David L. Chambers Aug 1982

The Coming Curtailment Of Compulsory Child Support, David L. Chambers

Articles

Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …


The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan Jun 1982

The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan

Michigan Law Review

This Article addresses that question by examining judicial sentencing philosophy as applied to white-collar criminality and reporting data that illuminate the operation of that philosophy. Part I of the Article argues that the traditional purposes and limits of criminal sentencing may plausibly justify either disparate or comparable sentences in cases of white-collar and common criminality. Part II describes the obstacles to an accurate empirical inquiry into how judges resolve these uncertainties in the theory of punishment. Part III presents a study designed to overcome as many of these obstacles as possible. What is most dramatic is that the resulting data …


From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch May 1982

From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch

Michigan Law Review

While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …


Interest Representation And The Federal Land Policy And Management Act, Michigan Law Review May 1982

Interest Representation And The Federal Land Policy And Management Act, Michigan Law Review

Michigan Law Review

The role of the BLM under the FLPMA, this Note argues, is accurately captured in the "interest representation" model of administrative law; judicial review under this model serves to vindicate the "participation rights" of parties interested in public lands management. Part I places the FLPMA in the context of other recent congressional reform efforts and attempts to justify heightened judicial scrutiny of the BLM's activities. To protect citizens' participation rights, it concludes, courts should recognize a limited right to initiate the planning and management provisions of the FLPMA. The Act, in other words, should be interpreted to comprehend "agenda forcing" …


Toward A New Theory Of Roman Law, David F. Pugsley Mar 1982

Toward A New Theory Of Roman Law, David F. Pugsley

Michigan Law Review

A Review of Landlords and Tenants in Imperial Rome by Bruce W. Frier


The Litigious Society, Michigan Law Review Mar 1982

The Litigious Society, Michigan Law Review

Michigan Law Review

A Review of The Litigious Society by Jethro K. Kieberman


Social Order And The Limits Of Law, Michigan Law Review Mar 1982

Social Order And The Limits Of Law, Michigan Law Review

Michigan Law Review

A Review of Social Order and the Limits of Law by Iredell Jenkins


Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review Mar 1982

Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review

Michigan Law Review

A Review of Law for the Elephant: Property and Social Behavior on the Overland Trial by John Phillip Reid


Law As Lag: Inertia As A Social Theory Of Law, Richard L. Abel Mar 1982

Law As Lag: Inertia As A Social Theory Of Law, Richard L. Abel

Michigan Law Review

A Review of Society and Legal Change by Alan Watson


Juveniles' Waiver Of Rights: Legal And Psychological Competence, Michigan Law Review Mar 1982

Juveniles' Waiver Of Rights: Legal And Psychological Competence, Michigan Law Review

Michigan Law Review

A Review of Juveniles' Waiver of Rights: Legal and Psychological Competence by Thomas Grisso


Delinquent Measures, David Seidman Mar 1982

Delinquent Measures, David Seidman

Michigan Law Review

A Review of Measuring Delinquency by Michael J. Hindelang, Travis Hirsch, and Joseph G. Weis


A New Theory Of Social Control, Charles R. Tittle Mar 1982

A New Theory Of Social Control, Charles R. Tittle

Michigan Law Review

A Review of Norms, Deviance, and Social Control: Conceptual Matters by Jack P. Gibbs


The Economics Of Justice, Michigan Law Review Mar 1982

The Economics Of Justice, Michigan Law Review

Michigan Law Review

A Review of The Economics of Justice by Richard A. Posner


The Sec And The Public Interest, Michigan Law Review Mar 1982

The Sec And The Public Interest, Michigan Law Review

Michigan Law Review

A Review of The SEC and the Public Interest by Susan M. Phillips and J. Richard Zecher


Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis Jan 1982

Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis

Michigan Law Review

This Article both examines these consequences and explains why they have departed so frequently from the ostensible goals of the policies that produced them. It also surveys the principal legal dilemmas that attend aesthetic policy-making, which is sensitive to the values actually at stake in the type of "aesthetic" controversies that legal institutions are called upon to resolve in American society. The aesthetic controls addressed are those adopted in such areas as zoning, historic or environmental preservation, and urban design to shape the visual appearance of the built and natural environments. The content of the aesthetics idea is explored through …