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Articles 1 - 19 of 19
Full-Text Articles in Law
Researching Marijuana Law, Seth Quidachay-Swan
Researching Marijuana Law, Seth Quidachay-Swan
Law Librarian Scholarship
This article provides a brief overview of the current legal framework governing the regulation of marijuana at the federal and state levels in the United States. It also provides an overview of the state of Michigan’s current regulatory framework and resources for attorneys interested in learning more about marijuana regulation.
Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel
Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel
Articles
Yale Kamisar has explained how events that occurred about fifty years ago led to the creation of a stand-alone criminal procedure course and, a few years later, led to the division of that stand-alone course into two courses. The second of those courses came to be called, almost from the outset, the "Jail-to-Bail" course. My focus today is on why that course was created and how it was shaped. Modern Criminal Procedure, as Yale has noted, was the first coursebook designed for a stand-alone course in criminal procedure. Modern was published in 1966. A year earlier, the first version …
Jack Weinstein And The Missing Pieces Of The Hearsay Puzzle, Richard D. Friedman
Jack Weinstein And The Missing Pieces Of The Hearsay Puzzle, Richard D. Friedman
Articles
For the first three quarters of the twentieth century, the Wigmore treatise was the dominant force in organizing, setting out, and explaining the American law of evidence. Since then, the first two of those roles have been taken over in large part by the Federal Rules of Evidence (Rules). And the third has been performed most notably by the Weinstein treatise. Judge Jack Weinstein was present at the creation of the Rules and before. Though he first made his name in Civil Procedure, while still a young man he joined two of the stalwarts of evidence law, Edmund Morgan and …
John Henry Wigmore, Richard D. Friedman
John Henry Wigmore, Richard D. Friedman
Book Chapters
Wigmore, John Henry (1863-1943). Law professor and dean. Wigmore was born and reared in San Francisco. His parents were both immigrants, his mother from England and his father, of English heritage, from Ireland. Harry, as he was known familiarly, was the oldest and most favored of his extraordinarily doting mother's seven children. The family was prosperous - his father had an importing business - and Harry was educated principally in private schools. He then attended Harvard College, prompting the mother to move the family to Massachusetts to be close to him. After graduating in 1883, he spent a brief interlude …
Michigan Family Law Research Resources: Review And Update, Barbara H. Garavaglia
Michigan Family Law Research Resources: Review And Update, Barbara H. Garavaglia
Articles
"Family law" includes topics relating to "marriage, divorce, adoption, child custody and support, child abuse and neglect, paternity, juvenile delinquency, and other domestic relations issues,"] including cohabitation and domestic violence. Michigan family law research continues to be facilitated by a combination of print and electronic research resources. As in other areas of law, web-based access to legal research resources in the realm of family law continues to improve and expand, following the general trend in legal publishing toward electronic publication. This article is primarily a review of the web-based resources provided by the Institute of Continuing Legal Education (ICLE), although …
Major Resources For The New Family Law Attorney, Barbara H. Garavaglia
Major Resources For The New Family Law Attorney, Barbara H. Garavaglia
Articles
While experienced family law lawyers are undoubtedly familiar with the array of research resources most useful to the family law practitioner, new attorneys and attorneys new to family law practice may need guidance in locating and identifying the most efficient and useful source material to help them in their family law work. Sherri L. Katz provided an excellent and comprehensive list of family law resources in her article "Best Research Resources on Family Law," Mich BJ79, no. 2 (2000): 196 (hereinafter "Best Research Resources"). Although the article is three years old, its excellent and comprehensive descriptions of the "best" resources …
Selected Michigan Probate Law Research Resources, Barbara H. Garavaglia
Selected Michigan Probate Law Research Resources, Barbara H. Garavaglia
Articles
Over the past decade, attorneys have increasingly sought free electronic resources on the web to meet their research needs in order to control research costs. The need for free or low-cost access to legal materials is especially critical for solo practitioners and attorneys with smaller practices who live in areas without access to a law library or who may find the cost of commercial print and electronic resources prohibitive.
Bouquets For Jerry Israel, Yale Kamisar
Bouquets For Jerry Israel, Yale Kamisar
Articles
As it turned out, of those asked to write a few words for an issue of the Michigan Law Review honoring Jerry Israel, I was the last to do so. And when I submitted my brief contribution to the Law Review I took the liberty of reading what the four others who paid tribute to Jerry had written. As a result, I feel like the fifth and last speaker at a banquet who listens to others say much of what he had planned to say.
Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel
Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel
Articles
Starting in 1969,1 we have had the honor and pleasure of co-authoring a goodly number of casebooks, texts, treatises, pocket parts, and annual supplements (more than twenty) with Wayne LaFave.2 On each occasion we have been impressed by the quality of his mind and the judiciousness of his temperament, and impressed as well (and sometimes amazed) by his speed and efficiency.
Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman
Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman
Articles
I have devoted large gobs of time to work on a multi-author treatise on the law of evidence.' And before even one volume is published, I will devote further multiple gobs of time to the project-which, perhaps audaciously and perhaps merely foolishly, but with heredity and precedent on our side,2 we are calling The New Wigmore. Accordingly, I found the question posed by this symposium-Does Evidence Law Matter?-rather disquieting. If it is doubtful even whether the law of evidence matters, then how much can a treatise on the law of evidence matter, and how worthwhile can such a work be? …
Scholarly Books: What, To Whom And Why, James J. White
Scholarly Books: What, To Whom And Why, James J. White
Articles
A consideration of the role that the books reviewed in this edition will play in the future of American legal thought has led me to speculate about the transmission of ideas into acts and about the role of books in that transmission. In certain arenas, tracing an idea from its origins to its ultimate application is straightforward. For example, the evolution of Germany's Schlieffen plan for invading France can be traced with little difficulty from the circumstances responsible for its birth, through years of refinement, to its eventual application in World War I. The development and acceptance of a medical …
The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein
The Emergence Of A General Reformation Doctrine For Wills, Lawrence W. Waggoner, John H. Langbein
Articles
In this article, which both summarizes and updates an extensively footnoted article published last year ("Reformation of Wills on the Ground of Mistake: Change of Direction in American Law?" 130 University of Pennsylvania Law Rmiew 521 (1982)), we report on this new case law and discuss the analytic framework that we think it suggests and requires.
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Articles
Although it has been "axiomatic" that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient "no-reformation" rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the "plain meaning" rule. That rule, which hereafter we will call the "no-extrinsic-evidence …
Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar
Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar
Articles
As fate would have it, Fred Inbau graduated from law school in 1932, the very year that, "for practical purposes the modern law of constitutional criminal procedure [began], with the decision in the great case of Powell v. Alabama."1 In "the 'stone age' of American criminal procedure,"2 Inbau began his long fight to shape or to retain rules that "make sense in the light of a policeman's task,"3 more aware than most that so long as the rules do so, "we will be in a stronger position to insist that [the officer] obey them."4
Review Of The Law Of Restitution, Whitmore Gray
Review Of The Law Of Restitution, Whitmore Gray
Reviews
The appearance of this excellent treatise is a major step toward a better understanding of the place of restitution in Anglo-American law. The authors' exhaustive treatment of the English case law and the inclusion of much American authority give a perspective on the field which has not previously been available. Like the 1937 Restatement of Restitution, this is a presentation in one volume of legal and equitable remedies for enforcing a substantive right to restitution.' It goes well beyond the uneasy, loose association of the legal and equitable parts of the Restdtement, however, and gives us a unified treatise. Until …
Review Of The Soviet Legal System And How Russia Is Ruled, Whitmore Gray
Review Of The Soviet Legal System And How Russia Is Ruled, Whitmore Gray
Reviews
Is there a legal system in the Soviet Union, and if so, what is its role in post-Stalin Soviet society? The Soviet Legal System for the first time makes it possible for a lawyer or law teacher to plunge directly into a very rich collection of translations of case decisions, statutes and doctrinal commentary. Even without a background in Soviet studies, the authors' valuable commentary and the reader's own legal training should make it possible for him to evaluate the material presented. With the help of the new edition of Fainsod's How Russia Is Ruled he can see the development …
Review Of The Soviet System Of Government, Settling Disputes In Soviet Society, Government, Law And Courts In The Soviet Union And Eastern Europe, And The Law Of Inheritance In Eastern Europe And In The People's Republic Of China, Whitmore Gray
Reviews
Each of these four books makes a significant contribution to the rapidly growing body of literature on the communist legal systems. Together they provide an introduction to Soviet law and legal history and a basis for its comparison with the law of other countries within the communist bloc. Before examining the books individually a brief description of their contents may be in order.
Review Of Pre-Trial, By H. D. Nimis, John W. Reed
Review Of Pre-Trial, By H. D. Nimis, John W. Reed
Reviews
Mr. Nims has undertaken to catalog the pre-trial procedures currently in use in state and federal courts and administrative agencies. Apparently, he asked judges in nearly every jurisdiction for statements of their views and practices, and there is here set forth a summary of, and many excerpts from, their replies. The book contains also an eighty-five page analysis of the reported decisions involving pre-trial questions, an extensive appendix, which includes minutes of pre-trial hearings and specimens of orders, and an exhaustive bibliography.
Materials Of Jurisprudence, James V. Campbell
Materials Of Jurisprudence, James V. Campbell
Articles
This period is marked by rather more strenuous efforts than have been made before in this country, to solve the problem of condensing and simplifying the law. Our own day is peculiar in the endeavors we have seen to evolve what is claimed to be a science of jurisprudence. Some admirable writers have succeeded in dividing the domain of law into its larger or smaller fields, and have shown with more or less fulness the relative positions of these, and their mutual dependence. This is a valuable service; for all lawyers know that, without a reasonably clear perception of the …