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Articles 7921 - 7950 of 9707
Full-Text Articles in Law
Tribute To Yale Kamisar, Ruth Bader Ginsburg
Tribute To Yale Kamisar, Ruth Bader Ginsburg
Michigan Law Review
When the editors of this issue told me of Professor Yale Kamisar's decision to retire from full-time teaching after a near half century of law faculty service, two thoughts came immediately to mind. First, I thought of the large loss to Michigan students unable to attend his classes and to faculty colleagues at Ann Arbor unable routinely to engage his bright mind. Second, I thought it altogether right for the Michigan Law Review to publish an issue honoring one of the Law School's most prized professors. When invited to write a tribute, I could not resist saying yes.
Professor Yale Kamisar: "Awesome", Harry T. Edwards
Professor Yale Kamisar: "Awesome", Harry T. Edwards
Michigan Law Review
Yale Kamisar arrived in Ann Arbor in the fall of 1965, just after I graduated from the University of Michigan Law School, so I never had him as a teacher. We were colleagues, however, for almost ten years during the 1970s when we were both members of the Michigan faculty. And we have remained good friends ever since. When the editors of the Michigan Law Review asked me if I would submit a "tribute" to Professor Kamisar commemorating his retirement from the faculty, I was happy to accept the invitation. Yale is one of my heroes in the academy - …
Yale Kamisar The Teacher, Jeffrey S. Lehman
Yale Kamisar The Teacher, Jeffrey S. Lehman
Michigan Law Review
I first heard Yale Kamisar's name in the spring of 1977 while deciding where to go to law school. The then Dean of Admissions at Michigan suggested I call a graduate practicing law near me in upstate New York. The graduate eloquently endorsed Michigan. But what impressed me most was his statement, "When you go to Michigan you must be sure to take a course from a professor named Yale Kamisar. That course changed the way I thought about law. Every day we'd go to class and talk about interesting cases and I was always confused. But at the very …
Yale Kamisar: Warrior Scholar, Francis A. Allen
Yale Kamisar: Warrior Scholar, Francis A. Allen
Michigan Law Review
My association with Yale Kamisar dates back to the 1950s. At that time I became aware of the interesting publications of a young faculty member at the University of Minnesota. The articles were well done, most of them dealing with the Supreme Court's notable expansion of constitutional doctrine relating to criminal procedure, then at full tide, a field in which I also was writing. In addition, Yale had published a remarkable article on the subject of euthanasia, impressive for the thoroughness of its research and the clarity and force of its argument. Fortunately, I decided to write to Yale and …
Saying Goodbye To A Legend: A Tribute To Yale Kamisar - My Mentor, Teacher, And Friend, Eve Brensike Primus
Saying Goodbye To A Legend: A Tribute To Yale Kamisar - My Mentor, Teacher, And Friend, Eve Brensike Primus
Michigan Law Review
I remember it as though it was yesterday - dozens of students filing into Hutchins Hall for their first criminal procedure class. The legendary Yale Kamisar walked briskly to the front of the room, his upper body moving first slightly forward and then ever so slightly backward in almost a rocking manner. He carried nothing except for a two-inch black notebook, tattered at the edges and marked with brightly colored tabs protruding from each page. Paying no attention to the hundreds of eyes fixed on his every move, he dropped the notebook on the podium, stepped up to the blackboard, …
"What Is A Kamisar?", Wayne R. Lafave
"What Is A Kamisar?", Wayne R. Lafave
Michigan Law Review
My good and old friend Yale Kamisar is said to be "retiring" after a remarkable life in academe spanning almost half a century. I deem it my extraordinary good fortune to have been able to count Yale as a friend for thirty-seven of those years (not that we were enemies the rest of the time), and to have been able to serve as a collaborator of his, working together in the vineyards of the law, for virtually the entirety of our acquaintance. And thus I am especially delighted to have this opportunity to offer up a "fair and balanced" appraisal …
Yale, Marc Spindelman
Yale, Marc Spindelman
Michigan Law Review
Yale does have, as Nancy King has said, a story for every occasion. Many of my favorites - and I definitely have my share - reflect Yale's gaudium certaminis: his "joy of battle" in Gerald Gunther's helpful translation. Some of Yale's battles I have only heard or read about. A few of the more memorable ones from over the years include Yale's confrontations with Glanville Williams, Fred Inbau, Joe Grano, John Kaplan, James Vorenberg, Robert Bork, Malcolm Wilkey, Edward Barrett, and Yale's former teacher Herbert Wechsler. And let's not forget the numerous law-enforcement officials Yale caught in his sights at …
Yale Kamisar: The Enemy Of Injustice, Welsh S. White
Yale Kamisar: The Enemy Of Injustice, Welsh S. White
Michigan Law Review
In the summer of 1978, Duke Law School hosted a conference in which a variety of speakers offered perspectives on Constitutional Criminal Procedure. One of the speakers argued that the Warren Court's criminal-procedure revolution created a backlash that ultimately made things worse for criminal defendants. In order to dramatize his point, he suggested, "Yale Kamisar is the enemy." When that speaker had finished, the Conference Moderator began his response by stating, "First of all, Yale Kamisar is not the enemy of anything, except injustice."
Publications By Professor Yale Kamisar, Michigan Law Review
Publications By Professor Yale Kamisar, Michigan Law Review
Michigan Law Review
A bibliography of publications by Yale Kamisar.
On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor
On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor
Michigan Law Review
Tens - perhaps hundreds - of thousands of trees could have been spared over the last forty-five years had opponents of physician-assisted death only been content to let Yale Kamisar be their exclusive spokesperson. Their movement would have lost no significant substance or persuasive force, for Kamisar's 1958 article - Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation - presaged the shape and content of the subsequent forty-five year debate over legalizing physician-assisted death ("PAD" ). Kamisar's article preceded by years the development of a whole jurisprudence relating to the withholding/withdrawing of life-sustaining medical treatment ("LSMT") and the administration of pain-relief …
The "Routine Traffic Stop" From Start To Finish: Too Much "Routine," Not Enough Fourth Amendment, Wayne R. Lafave
The "Routine Traffic Stop" From Start To Finish: Too Much "Routine," Not Enough Fourth Amendment, Wayne R. Lafave
Michigan Law Review
Yale Kamisar, about which I have said too much elsewhere in this issue of the Review, could rightly be called "Mr. Confessions," for he has not only authored books and a host of articles on the subject of police interrogation, but for years has been printing Miranda cards in his basement and selling them to police departments all across the nation. Moreover, he may be the only law professor in the country who has both personally coerced a confession and had a confession coerced out of him. As Kamisar has himself noted, my own "intellectual sandbox" has been the …
Stories About Miranda, George C. Thomas Iii
Stories About Miranda, George C. Thomas Iii
Michigan Law Review
It is no exaggeration to say that Yale Kamisar was present at the creation of Miranda v. Arizona. To be sure, the seeds of Miranda had been sown in earlier cases, particularly Escobedo v. Illinois, but Escobedo was a Sixth Amendment right to counsel case. Professor Kamisar first saw the potential for extending the theory of Escob edo to the Fifth Amendment right against compelled self-incrimination. Escob edo theorized that a healthy criminal justice system requires that the accused know their rights and are encouraged to exercise them. The Escobedo Court read history to teach that no system …
Books Received, Michigan Law Review
A Deadly Dilemma: Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
A Deadly Dilemma: Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
Michigan Law Review
A lawyer who represents a capital defendant with a strong innocence claim must allocate her resources between the separate guilt and penalty phases of the capital case. Expending resources in preparation for a penalty trial may result in less attention to securing the acquittal on the capital charge at the guilt trial that would make the penalty phase moot. But focusing primarily on proving the defendant's innocence at the guilt trial means less preparation in the case of a guilty verdict. Once a defendant is convicted of a capital offense, a lawyer must also make strategic decisions about the penalty …
The Illusion Of Law: The Legitimating Schemas Of Modern Policy And Corporate Law, Ronald Chen, Jon Hanson
The Illusion Of Law: The Legitimating Schemas Of Modern Policy And Corporate Law, Ronald Chen, Jon Hanson
Michigan Law Review
This Article is about some of the schemas and scripts that form and define our lives. It is about the knowledge structures that shape how we view the world and how we understand the limitless information with which we are always confronted. This Article is also about the "evolution of ideas" underlying corporate law and all of modern policymaking. It is about the ways in which schemas and scripts have influenced how policy theorists, policymakers, lawyers, and many others (particularly in the West) understand and approach policymaking generally and corporate law specifically. It is about both the invisibility and blinding …
How American Workers Lost The Right To Strike, And Other Tales, James Gray Pope
How American Workers Lost The Right To Strike, And Other Tales, James Gray Pope
Michigan Law Review
To paraphrase a veteran labor scholar, if you want to know where the corpses are buried in labor law, look for the "of course" statements in court opinions. By "of course" statements, he meant propositions that are announced as if they were self-evident, requiring no justification. Each year, thousands of law students read such statements in labor law casebooks. And each year, they duly ask themselves - prodded sometimes by the casebook's notes - how these conclusions could be justified in legal terms. But often there seems to be no answer, and the mystery continues. This Essay recounts the origins …
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Michigan Law Review
In Part I, I expand on the distinction between the Horatian and the Menippean forms of satire and then suggest that a similarly bold division can be used to map satirical legal studies. In support of that argument, I use the example of the earliest surviving satirical legal poem within the Western tradition. My analysis of this exemplary satirical legal artifact delineates four principal modes of legal satire that will organize the ensuing discussion of more contemporary examples of the genre. In Part II, I will address the currently popular and yet somewhat novel mode of ad hominem or nominate …
Second Annual Henry Lecture: Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Second Annual Henry Lecture: Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Oklahoma Law Review
No abstract provided.
Reply To Judge Easterbrook: Judicial Discretion And Statutory Interpretation, Steven J. Cleveland
Reply To Judge Easterbrook: Judicial Discretion And Statutory Interpretation, Steven J. Cleveland
Oklahoma Law Review
No abstract provided.
Property: Creating A Slayer Statute Oklahomans Can Live With, Gregory C. Blackwell
Property: Creating A Slayer Statute Oklahomans Can Live With, Gregory C. Blackwell
Oklahoma Law Review
No abstract provided.
A Tribute To Professor Nina Miley
Employment Law: Congress Giveth And The Supreme Court Taketh Away: Title Vii's Prohibition Of Religious Discrimination In The Workplace, Huma T. Yunus
Employment Law: Congress Giveth And The Supreme Court Taketh Away: Title Vii's Prohibition Of Religious Discrimination In The Workplace, Huma T. Yunus
Oklahoma Law Review
No abstract provided.