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

Law Commons

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

Articles 1 - 13 of 13

Full-Text Articles in Law

Sex-Bias Topics In The Criminal Law Course: A Survey Of Criminal Law Professors, Nancy S. Erickson, Mary Ann Lamanna Oct 1990

Sex-Bias Topics In The Criminal Law Course: A Survey Of Criminal Law Professors, Nancy S. Erickson, Mary Ann Lamanna

University of Michigan Journal of Law Reform

This Article addresses the empirical question of whether law school curricula have advanced to the stage of integrating materials on gender-related topics into core courses, thus exposing students to gender-related topics in the law and presenting a perspective shaped by women's as well as men's experiences. We examine one of the central courses of the law school curriculum: criminal law. Although some of the attention directed to sex discrimination in law has focused on specific areas of criminal law such as rape and spouse abuse, a more systematic scrutiny of the substantive rules of criminal law and the ways in …


Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle Jun 1990

Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle

University of Michigan Journal of Law Reform

Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …


Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler May 1990

Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler

Michigan Law Review

A Review of Forgiveness and Mercy by Jeffrie G. Murphy and Jean Hampton


Defending Women, Susan Estrich May 1990

Defending Women, Susan Estrich

Michigan Law Review

A Review of Justifiable Homicide: Battered Women, Self-Defense and The Law by Cynthia Gillespie


Moralistic Liberalism And Legal Moralism, Robert P. George May 1990

Moralistic Liberalism And Legal Moralism, Robert P. George

Michigan Law Review

A Review of Harmless Wrongdoing: The Moral Limits of the Criminal Law by Joel Feinberg


Of Literature, Politics, And Crime, Francis A. Allen May 1990

Of Literature, Politics, And Crime, Francis A. Allen

Michigan Law Review

A Review of Seductions of Crime: Moral and Sensual Attractions in Doing Evil


Crimes Of Obedience: Toward Social Psychology Of Authority And Responsibility, Michael Kenneth Isenman May 1990

Crimes Of Obedience: Toward Social Psychology Of Authority And Responsibility, Michael Kenneth Isenman

Michigan Law Review

A Review of Crimes of Obedience: Toward Social Psychology of Authority and Responsibility by Herbert C. Kelman and V. Lee Hamilton


The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers May 1990

The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers

Michigan Law Review

A Review of Accusations of Child Sexual Abuse by Hollida Wakefield and Ralph Underwager., The Battle and the Backlash: The Child Sexual Abuse War by David Hechler., On Trial: America's Courts and Their Treatment of Sexually Abused Children by Billie Wright Dziech and Chales B. Schudson.


Lawyer's Justice, William A. Edmundson May 1990

Lawyer's Justice, William A. Edmundson

Michigan Law Review

A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman


Do Jurors Understand Criminal Jury Instructions? Analyzing The Results Of The Michigan Juror Comprehension Project, Geoffrey P. Kramer, Dorean M. Koenig Apr 1990

Do Jurors Understand Criminal Jury Instructions? Analyzing The Results Of The Michigan Juror Comprehension Project, Geoffrey P. Kramer, Dorean M. Koenig

University of Michigan Journal of Law Reform

The Juror Comprehension Project ("the Project") sought to determine whether jurors understand judicial instructions. This Article reports the results of an empirical study growing out of that Project. The Project investigated how well 600 actual jurors in Michigan understood criminal jury instructions in actual trials. Part I describes the history of the study and explains the procedures and materials used in the study. Part II presents the results of the study, first analyzing juror comprehension of selected concepts, then discussing general factors that influence juror comprehension. Part III concludes that the results show a mixed juror understanding of complex judicial …


Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas Jan 1990

Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas

Michigan Journal of International Law

Part I of this note will examine the different approaches taken by the Second, Seventh and Ninth Circuits in their application of the Treaty's political offense exception. Part II will discuss the conflict that may arise from Israel's application of a domestic law which contravenes the purpose of the Treaty. Part III will address both the need for the United States and Israel to reconcile problems in applying the political offense exception through renegotiation and the dilemma arising from the failure of the Israeli government and the Knesset to coordinate policy with regard to the extradition of nationals.


Human Rights V. Extradition: The Soering Case, Stephan Breitenmoser, Gunter E. Wilms Jan 1990

Human Rights V. Extradition: The Soering Case, Stephan Breitenmoser, Gunter E. Wilms

Michigan Journal of International Law

The European Convention for the Protection of Human Rights and Fundamental Freedoms is widely regarded as the most dynamic and effective of the various international human rights instruments. Its impact on the judiciary of the twenty-three Western European Member States, as well as its pace-setting role for other international mechanisms for the protection of human rights, has recently been confirmed by the unanimous judgment of the European Court of Human Rights in Soering v. United Kingdom. In its judgment delivered on July 7, 1989, the Court held that the United Kingdom would act in violation of article 3 of …


Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp Jan 1990

Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp

Michigan Journal of International Law

This paper seeks to explore the crucial determinants that shape the Chinese legal system's use of the death penalty. Why have the Chinese relied so heavily on execution as a form of sentencing? What factors and conditions account for the major changes in the frequency of China's use of the death penalty? What indigenous traditions are reflected in China's implementation of the death penalty? In order to inquire into the role and function of the legal system in affecting the severity of criminal punishment in China, this study will focus on only those death sentences carried out by the state …