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Full-Text Articles in Law

Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel Dec 1974

Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel

Articles

IN March 1971, the Michigan Bar Commissioners appointed a twenty-five-member committee with a directive "to promulgate a recommended revision of the Code of Criminal Procedure codifying existing statutory and case law provisions which, in the judgment of the Committee, should be retained and adding thereto such provisions as the Committee, in its judgment, deems warranted; and to incorporate such recommendations into proposed legislation for submission to the Legislature."' The committee membership included judges, prosecutors, legislators, criminal defense lawyers, law school professors, and representatives of Michigan police and corrections agencies.2 Judge Horace Gilmore served as Chairman, and I served as Reporter.


Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar Nov 1974

Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar

Articles

For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2


Selection Of Topics And Methods For Law And Social Sciences Research, Hans Zeisel Jun 1974

Selection Of Topics And Methods For Law And Social Sciences Research, Hans Zeisel

Articles

No abstract provided.


Exclusionary Practices And The Antitrust Laws, Richard A. Posner Jan 1974

Exclusionary Practices And The Antitrust Laws, Richard A. Posner

Articles

No abstract provided.


Convincing Empirical Evidence On The Six Member Jury, Hans Zeisel, Shari Seldman Diamond Jan 1974

Convincing Empirical Evidence On The Six Member Jury, Hans Zeisel, Shari Seldman Diamond

Articles

No abstract provided.


Reflections On Experimental Techniques In The Law, Hans Zeisel Jan 1974

Reflections On Experimental Techniques In The Law, Hans Zeisel

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No abstract provided.


The Defense Attorney's Role In Plea Bargaining, Albert Alschuler Jan 1974

The Defense Attorney's Role In Plea Bargaining, Albert Alschuler

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No abstract provided.


Book Review (Reviewing J.S. Cockburn, A History Of English Assizes 1558-1714 (1972)), John H. Langbein Jan 1974

Book Review (Reviewing J.S. Cockburn, A History Of English Assizes 1558-1714 (1972)), John H. Langbein

Articles

No abstract provided.


Hans, Harry Kalven Jr. Jan 1974

Hans, Harry Kalven Jr.

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No abstract provided.


The Fate Of An Idea Whose Time Has Come: Antidiscrimination Law In The Second Decade After Brown V. Board Of Education, Owen M. Fiss Jan 1974

The Fate Of An Idea Whose Time Has Come: Antidiscrimination Law In The Second Decade After Brown V. Board Of Education, Owen M. Fiss

Articles

No abstract provided.


The National Labor Relations Act And Racial Discrimination: The More Remedies, The Better?, Bernard D. Meltzer Jan 1974

The National Labor Relations Act And Racial Discrimination: The More Remedies, The Better?, Bernard D. Meltzer

Articles

No abstract provided.


Controlling Prosecutorial Discretion In Germany, John H. Langbein Jan 1974

Controlling Prosecutorial Discretion In Germany, John H. Langbein

Articles

No abstract provided.


A Reply To Chesterfield Smith, Soia Mentschikoff Jan 1974

A Reply To Chesterfield Smith, Soia Mentschikoff

Articles

No abstract provided.


Jurisdiction Of The United States Supreme Court: Time For A Change, Philip B. Kurland Jan 1974

Jurisdiction Of The United States Supreme Court: Time For A Change, Philip B. Kurland

Articles

No abstract provided.


United States V. Nixon: Who Killed Cock Robin, Philip B. Kurland Jan 1974

United States V. Nixon: Who Killed Cock Robin, Philip B. Kurland

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No abstract provided.


Watergate, Impeachment, And The Constitution, Philip B. Kurland Jan 1974

Watergate, Impeachment, And The Constitution, Philip B. Kurland

Articles

No abstract provided.


The Absolute Priority Doctrine In Corporate Reorganizations, Walter J. Blum, Stanley A. Kaplan Jan 1974

The Absolute Priority Doctrine In Corporate Reorganizations, Walter J. Blum, Stanley A. Kaplan

Articles

No abstract provided.


Defunis Is Moot - The Issue Is Not, Philip B. Kurland, Alexander M. Bickel, Archibald Cox Jan 1974

Defunis Is Moot - The Issue Is Not, Philip B. Kurland, Alexander M. Bickel, Archibald Cox

Articles

No abstract provided.


Coordinating The Epa, Nepa, And The Clean Air Act, Diane P. Wood Jan 1974

Coordinating The Epa, Nepa, And The Clean Air Act, Diane P. Wood

Articles

No abstract provided.


Postscript To A Note On Trust Powers After Termination, Bernard D. Meltzer Jan 1974

Postscript To A Note On Trust Powers After Termination, Bernard D. Meltzer

Articles

No abstract provided.


The New Supreme Court, Philip B. Kurland Jan 1974

The New Supreme Court, Philip B. Kurland

Articles

No abstract provided.


Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel Jan 1974

Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel

Articles

The Organic Act of 1897 provided for the establishment and ,management of the national forest and park lands. In West Virginia Division of the Izaak Walton League v. Butz the United States District Court, applying the "plain meaning" of the Organic Act, permanently enjoined clearcutting on the Monongahela National Forest of West Virginia. The meaning of isolated words, however, is rarely determinative of Congressional intent. This article will demonstrate the shortcomings of the court's decision through an examination of the doctrines of statutory construction and analysis of the legislative history and administrative interpretation of the Act and by addressing the …


Delegate Selection Reform And The Extension Of Law Into Politics, Joseph Vining Jan 1974

Delegate Selection Reform And The Extension Of Law Into Politics, Joseph Vining

Articles

The fact that the 1972 presidential election introduced the formalities and some of the ideals of law into the gestation of national political power has been overshadowed by revelations about other aspects of the election campaign. But it will not be long before power will have to be organized and generated again from apartment blocks, meeting halls, and coffee parties, and ultimately incarnated in another President. At some point hearing examiners for the National Democratic Party will appear again in various communities. Rules will be studied, records made, and appeals taken, all for the purpose of deliberately deciding who may …


The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White Jan 1974

The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White

Articles

One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …


The Preparations For The Law Of The Sea Conference, John R. Stevenson, Bernard Oxman Jan 1974

The Preparations For The Law Of The Sea Conference, John R. Stevenson, Bernard Oxman

Articles

No abstract provided.


A Survey Of The Washington Industrial And Safety Act’S First Months Of Operation, Hugh D. Spitzer Jan 1974

A Survey Of The Washington Industrial And Safety Act’S First Months Of Operation, Hugh D. Spitzer

Articles

The still brief existence of the Washington Industrial Safety and Health Act (WISHA)' has not begun to yield a full view of its operations, effects, strengths and weaknesses. But a look at the preliminary data compiled by the Division of Industrial Safety and Health of Washington's Department of Labor and Industries does give one an idea of the shape that the Act's enforcement will take, as well as its effect on the business and working communities.' This comment will provide a brief overview of Washington's early experience with the Act, based on statistics and interviews with the individuals responsible for …


Judicial Review In Latin America, Keith S. Rosenn Jan 1974

Judicial Review In Latin America, Keith S. Rosenn

Articles

No abstract provided.


Mentioning Expressions, Susan Haack Jan 1974

Mentioning Expressions, Susan Haack

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No abstract provided.


Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen Jan 1974

Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen

Articles

Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word skill is to be prized.


Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen Jan 1974

Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen

Articles

QUERIES 'N THEORIES provides a parallel to the strong inference approach to scientific method - designing experiments, observing data, and theorizing. The reiter- ated use of the DOT approach (Design, Observe, Theorize) in the problem-solving required by the game mirrors the regular, systematic application of strong inference in some areas of science (e.g., high energy physics and molecular biology) that have moved ahead much more rapidly than others. Moreover, the game embodies and provides practice in two aspects of scientific theorizing and designing which John Platt has pointed out as central to scientific advance: (1) the usefulness of multiple hypotheses …