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Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review

Michigan Law Review

A Review of Reconstructing Reality in the Courtroom: Justice and Judgement in American Culture by W. Lance Bennett and Martha S. Feldman

Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review

Michigan Law Review

A Review of Legal Psychology: Eyewitness Testimony--Jury Behavior by L. Craig Parker

Watching The Judiciary Watch The Police, Jon O. Newman

Michigan Law Review

A Review of Police Practices and the Law: Essays from the Michigan Law ReviewThe University of Michigan Press

Making Noninterpretivism Respectable: Michael J. Perry's Contributions To Constitutional Theory, Richard B. Saphire

Michigan Law Review

A Review of The Constitution, The Courts, and Human Rights: An Inquiry into the Legitimacy of Constitutional Policymaking by the Judiciary by Michael J. Perry

Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.

Michigan Law Review

A Review of Federal Practice and Procedure, Volumes 13-19: Jurisdiction and Related Matters by Charles Alan Wright, Arthur R. Miller, and Edward H. Cooper

Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker

Michigan Law Review

A Review of The Roots of Justice by Lawrence M. Friedman and Robert V. Percival, and Conscience and Convenience by David Rothman

The Medieval English County Court, Stephen D. White

Michigan Law Review

A Review of The County Courts of Medieval England, 1150-1350 by Robert C. Palmer

A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader

Michigan Law Review

A Review of Courts--A Comparative and Political Analysis by Martin Shapiro, and Lawsuits and Litigants in Castile, 1500-1700 by Richard L. Kagan

Trade Restrictions, Federalism, And The Judiciary: Comparative Perspectives, Mackenzie Stuart

Michigan Law Review

A Review of Courts and Free Markets: Perspectives From the United States and Europe edited by Terrance Sandalow and Eric Stein

Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller

Michigan Law Review

A Review of The Passive Judiciary by Abraham S. Goldstein

The Environmental Decade In Court, Michigan Law Review

Michigan Law Review

A Review of The Environmental Decade in Court by Lettie McSpadden Wenner

The Right To Bail In United States Extradition Proceedings, Carl A. Valenstein

Michigan Journal of International Law

This note examines the judicial rationale for denying bail in extradition proceedings except in special circumstances. The author maintains that the courts apply the special circumstances rule inconsistently. Moreover, a better balance should be struck between the interests of the accused and the interests of the United States Government. This can be accomplished by granting the accused in an extradition proceeding the same right to bail before a final order granting extradition as exists under the federal bail statute.

The Quantum Of Evidence Required To Extradite From The United States, Robert J. Rosoff

Michigan Journal of International Law

This article argues that it is appropriate to require that requesting countries meet the uniform federal bindover standard to obtain extradition from the United States, rather than a more stringent state standard. The federal bindover standard of probable cause accomplishes the purpose of United States extradition procedure better than any other evidentiary standard. It affords an alleged fugitive more protection from unjustified extradition than is available in most countries. Furthermore, the reasons advanced by advocates of a more stringent bindover standard in the domestic criminal setting do not apply to extradition hearings.

Confessions, Yale Kamisar

Book Chapters

The entry for 'Confessions' in the Encyclopedia of Crime and Justice, 1983

Collaboration Between Lawyers And Mental Health Professionals: Making It Work, Donald N. Duquette

Book Chapters

Many questions presented to the court in child welfare cases are resolved with the direction, professional advice, and judgment of mental health professionals. Lawyers and judges look to a number of different professions for this guidance; chief among them are psychiatrists, psychologists, and clinical social workers. The focus of this chapter is on ways for lawyers to enhance and improve the performance of the mental health professionals in the courtroom.

This chapter presents a step-b/step process for lawyer collaboration with mental health professionals in child protection and foster care cases, which is relevant for attorneys representing the child welfare agency, …

Colorado's Answer To The Local Rules Problem, William H. Erickson

University of Michigan Journal of Law Reform

This Article examines the checkered history of local rules in the state and federal courts. Part I sketches the development of local rule-making power. Part II focuses on the abuses that have resulted from a nonuniform procedural system. It concludes that the most serious consequence of that abuse - an increase in court costs and delay - has not been addressed adequately by the courts. Part III explores ways in which the local rules problem can be brought under control. Although a number of proposals are discussed, the purpose of this section is to present the approach recently undertaken by …

Appellate Caseload: Meeting The Challenge In Rhode Island, Joseph R. Weisberger

University of Michigan Journal of Law Reform

Two of the most challenging and frustrating problems facing appellate courts in America are increasingly congested dockets and the sluggish pace of litigation. In an effort to combat these problems, the Supreme Court of Rhode Island has recently initiated several procedural techniques for screening and settling criminal and civil cases on appeal. These techniques have proven highly effective and should provide other appellate courts at least a partial answer to the burgeoning appellate caseload.

Court-Annexed Arbitration, A. Leo Levin

University of Michigan Journal of Law Reform

Court-annexed arbitration is utilized more extensively today than ever before. It commands widespread and increasing interest, not only because it serves the litigants well, but also because it offers to beleaguered courts a measure of relief from seriously overburdened dockets. This Article examines the use of court-annexed arbitration as an alternative method of dispute resolution. Part I describes how court-annexed arbitration works and the goals it is designed to achieve. Part II focuses on what the actual experience with court-annexed arbitration has been. Utilizing data from a recent empirical study on court-annexed arbitration by the Federal Judicial Center, this section …

Iii. Recent French Extradition Cases, Michigan Journal Of International Law

Michigan Journal of International Law

This section of the appendix contains the first published collection of recent French extradition cases dealing with the application of the political offense exception to terrorists. Because of the selective fashion in which French decisional law is reported, many French extradition cases are never reproduced in any French case reporter. The purpose of this appendix is to provide an English speaking audience with the substance of opinions which are otherwise nearly impossible to obtain. The editors hope that this collection will aid comparative research and contribute to an informed debate on the political offense exception.

Protecting The Rights Of The Requested Person In Extradition Proceedings: An Argument For A Humanitarian Exception, Leslie Anderson

Michigan Journal of International Law

This article will first define the types of post-extradition treatment which requested persons have raised as requiring judicial attention. It will next survey judicial responses to these claims and then consider the scope of executive review. The article concludes that the courts have exaggerated the range of executive discretion to deny extradition. As extradition currently operates in the United States, there is the serious possibility that a bona fide claim of unfair treatment would not receive adequate consideration by either the judicial or executive branch.

Procedural Unvertainty Attending The Assertion Of The Political Offense Exception In Extradition Hearings, Charles R. Meyer Iii

Michigan Journal of International Law

The American approach to the political offense exception to extradition is under increasing attack. Unfavorable commentary, sparked in part by the recent decision In re McMullen, has noted the confusion present in the operation of the exception. This article will trace some of the difficulties to the uncertain procedural burdens of raising and proving the exception in the judicial hearing. The current practice should be reformed to ameliorate the confusion. To this end, the United States Congress or Supreme Court must intervene to unify the procedural approaches taken by U.S. magistrates with respect to raising and proving the political …

Reducing Court Costs And Delay: An Overview, Leonard S. Janofsky

University of Michigan Journal of Law Reform

The American legal system is unparalleled in its efforts to protect individual rights. A citizen's access to the legal system provides the basis for our government of laws. Yet, it must be recognized that serious problems confront the American system and persist despite a long history of efforts at reform by the organized bar, the judiciary, and other interested parties. Years of delay exist in many of the nation's busiest courts. The cost of maintaining or defending a suit has grown at an alarming rate. These infamous twin evils - delay and cost - do more than belie the standard …

An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador

University of Michigan Journal of Law Reform

The recent litigation explosion presents a two-pronged dilemma for American appellate courts. If, on the one hand, the number of appellate judges is not expanded to keep abreast of growing case loads, there is a risk that courts will rely too heavily on professional staff, thereby watering down the decision-making process. If, on the other hand, the number of judges is proportionately increased with the growth in appellate litigation, the number of three-judge decisional units will also increase, thereby threatening predictability and uniformity in the law of the jurisdiction. This Article undertakes to explain that dilemma and to offer a …

Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper

University of Michigan Journal of Law Reform

The purpose of this Article is to explore these issues in light of Sacramento's experience with the expedited appeal procedure. The data presented here are drawn from an evaluation of the first twelve months of the procedure's operation. This evaluation was based on court records of the more than one hundred cases that followed the expedited procedure to completion, in-person interviews with members of the court and court staff, and telephone interviews with participating attorneys. Part I briefly sets out the new procedure and the context in which this procedure was introduced and integrated. Part II discusses the conclusions that …

The Organized Bar: A Catalyst For Court Reform, Paul R.J. Connolly

University of Michigan Journal of Law Reform

This Article theorizes that state and local bar associations can play a vital role in ridding their courts of excessive costs and delay. Theory can become practice, however, only if state and local bars are reorganized to broaden their oversight and lobbying functions, in order to make them more effective vehicles of reform. This Article, then, discusses the role the organized bar can and should play in achieving procedural reform that will reduce the delay and cost of litigation. Part I describes the various stages of the reform process, using the Kentucky experiment as a model, and outlines the contributions …

The War On Diversity, John W. Reed

Other Publications

Over the past decade or more there have been strong pressures to abolish the diversity jurisdiction of the federal courts. With the strong backing of the prestigious American Law Institute and many scholars, and with the support of the Chief Justice, Senator Kennedy, and others, specific proposals have been introduced in Congress, have been discussed at enormous length, and have passed one or the other House but not both. At the moment, therefore, we still have diversity jurisdiction, and it is safe to predict that abolition of diversity will not occur during the present session of Congress. Nevertheless, the long-term …

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.

How Courts Govern America, Michigan Law Review

Michigan Law Review

A Review of How Courts Govern America by Richard Neely

Courts Of Appeals In The Federal Judicial System, Michigan Law Review

Michigan Law Review

A Review of Courts of Appeals in the Federal Judicial System by J. Woodford Howard, Jr.

Law Clerks And The Judicial Process: Perceptions Of The Qualities And Functions Of Law Clerks In American Courts, Michigan Law Review

Michigan Law Review

A Review of Law Clerks and the Judicial Process: Perceptions of the Qualities and Functions of Law Clerks in American Courts by John B. Oakley and Robert S. Thompson