Jurisprudence Commons^™

Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer

Journal Articles

The Rabbis of the Talmud were a community for moral discernment—a community commissioned by God to interpret the Word of God. Their story is theology. Michael Scanlon, a modem Roman Catholic thinker, assumes such a theology and adds anthropology.

The Rabbis assume and Scanlon describes a community for ethical discernment. It is a perception—somewhat empirical, somewhat theological—that is important and neglected for lawyers in academic jurisprudence and in religious legal ethics. My argument here is that what lawyers should do about "ethical dilemmas" in professional practice can be discerned in the sort of community the Talmud describes, and Scanlon describes, …

Insider Trading And Other Hot Topics In The Mexican Markets, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Miranda, The Constitution, And Congress, David A. Strauss

Michigan Law Review

Are Miranda warnings required by the Constitution, or not? If they are, why has the Supreme Court repeatedly said that the rights created by Miranda are "not themselves rights protected by the Constitution"? If not, why can't an Act of Congress, such as 18 U.S.C. 3501, declare them to be unnecessary? These were the central questions posed by United States v. Dickerson. It is not clear that the majority opinion ever really answered them. The majority said that "Miranda is constitutionally based," that Miranda has "constitutional underpinnings," that Miranda is "a constitutional decision," and that Miranda "announced a constitutional rule." …

Miranda'S Mistake, William J. Stuntz

Michigan Law Review

The oddest thing about Miranda is its politics - a point reinforced by the decision in, and the reaction to, Dickerson v. United States. In Dickerson, the Supreme Court faced the question whether Miranda ought to be overturned, either directly or by permitting legislative overrides. The lawyers, the literature, and the Court split along right-left - or, in the Court's case, right-center - lines, with the right seeking to do away with Miranda's restrictions on police questioning, and the left (or center) seeking to maintain them. The split is familiar. Reactions to Miranda have always divided along ideological lines, with …

The Paths Not Taken: The Supreme Court's Failures In Dickerson, Paul G. Cassell

Michigan Law Review

Where's the rest of the opinion? That was my immediate reaction to reading the Supreme Court's terse decision in Dickerson, delivered to me via email from the clerk's office a few minutes after its release. Surely, I thought, some glitch in the transmission had eliminated the pages of discussion on the critical issues in the case. Yet, as it became clear that I had received all of the Court's opinion, my incredulity grew.

Miranda, Dickerson, And The Puzzling Persistence Of Fifth Amendment Exceptionalism, Stephen J. Schulhofer

Michigan Law Review

Dickerson v. United States preserves the status quo regime for judicial oversight of police interrogation. That result could be seen, in the present climate, as a victory for due process values, but there remain many reasons for concern that existing safeguards are flawed - that they are either too restrictive or not restrictive enough. Such concerns are partly empirical, of course. They depend on factual assessments of how much the Miranda rules do restrict the police. But such concerns also reflect a crucial, though often unstated, normative premise; they presuppose a certain view of how much the police should be …

Questioning The Relevance Of Miranda In The Twenty-First Century, Richard A. Leo

Michigan Law Review

Miranda v. Arizona is the most well-known criminal justice decision - arguably the most well-known legal decision - in American history. Since it was decided in 1966, the Miranda decision has spawned voluminous newspaper coverage, political and legal debate, and academic commentary. The Miranda warnings themselves have become so well-known through the media of television that most people recognize them immediately. As Patrick Malone has pointed out, the Miranda decision has added its own lexicon of words and phrases to the American language. Perhaps with this understanding in mind, George Thomas recently suggested that the Miranda warnings are more well-known …

Identifying And (Re)Formulating Prophylactic Rules, Safe Harbors, And Incidental Rights In Constitutional Criminal Procedure, Susan R. Klein

Michigan Law Review

The Miranda conundrum runs something like this. If the Miranda decision represents true constitutional interpretation, and all unwarned statements taken during custodial interrogation are "compelled" within the meaning of the Self-Incrimination Clause, the impeachment and "fruits" exceptions to Miranda should fall. If it is not true constitutional interpretation, than the Court has no business reversing state criminal convictions for its violation. I offer here what I hope is a satisfying answer to this conundrum, on both descriptive and normative levels, that justifies not only Miranda but a host of similar Warren, Burger, and Rehnquist Court decisions as well. In Part …

Separated At Birth But Siblings Nonetheless: Miranda And The Due Process Notice Cases, George C. Thomas Iii

Michigan Law Review

Paraphrasing Justice Holmes, law is less about logic than experience. Courts and scholars have now had thirty-four years of experience with Miranda v. Arizona, including the Court's recent endorsement in Dickerson v. United States last Term. Looking back over this experience, it is plain that the Court has created a Miranda doctrine quite different from what it has said it was creating. I think the analytic structure in Dickerson supports this rethinking of Miranda. To connect the dots, I offer a new explanation for Miranda that permits us to reconcile Dickerson and the rest of the post-Miranda doctrine with the …

In The Stationhouse After Dickerson, Charles D. Weisselberg

Michigan Law Review

Miranda v. Arizona established the high water mark of the protections afforded an accused during a custodial interrogation. During the decades that followed, the United States Supreme Court allowed Miranda's foundation to erode, inviting a direct challenge to the landmark ruling. In Dickerson v. United States, the Court turned back such a challenge and placed Miranda upon a more secure, constitutional footing. This Article explores the impact of Dickerson in the place where Miranda was meant to matter most: the stationhouse. As I have described elsewhere, Supreme Court decisions have influenced a number of California law enforcement agencies to instruct …

Politics And Denial, Pierre Schlag

Cardozo Law Review

No abstract provided.

Panel Discussion: The Operational Realities Of Resolving Or Not Resolving Standards Disputes Under Nafta, Ralph Folsom, Jose Augustin Portal, Jimmie V. Reyna, Geri Word

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Cls 2001, Jeremy Paul

Cardozo Law Review

No abstract provided.

The Next Century Of Legal Thought?, Steven L. Winter

Cardozo Law Review

No abstract provided.

The Undersell: An Essay On Duncan Kennedy's A Critique Of Adjudication, Jane B. Baron

Cardozo Law Review

No abstract provided.

Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis

Cardozo Law Review

No abstract provided.

Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser

Cardozo Law Review

No abstract provided.

Denial: Not Just A River In Egypt, Gary Minda

Cardozo Law Review

No abstract provided.

Duncan Kennedy, A Critique Of Adjudication: Fin De Siècle, David Kennedy

Cardozo Law Review

No abstract provided.

Lilies Of The Field: A Critique Of Adjudication, Anthony Paul Farley

Cardozo Law Review

No abstract provided.

Left Over Rights, Daria Roithmayr

Cardozo Law Review

No abstract provided.

Nafta Standards Regulation: The U.S. Perspective, Geri C. Word

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Private Placements Under United States Federal Securities Law, Terrence A. Everett

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Private Placement Of Mexican Securities: Mexican Law Issues, Francisco Carrillo Gamboa

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Public Offerings Of Securities In The United States By Mexican Companies: U.S. Securities Law, David Huntington

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Corporate Governance: A Mexican Perspective, Miguel Jauregui Rojas

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Corporate Governance Assessment: Mexico, Antje Zaldivar Mueller

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Public Offerings Of Securities: Mexican Law Issues, James E. Ritch

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Corporate Governance: An International And Mexican Perspective, Mike Lubrano

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Recent Decisions Of The Mexican Supreme Court Of Justice, Omar Guerrero Rodriguez

United States - Mexico Law Journal (1993-2005)

No abstract provided.