Michigan Law Review

The Michigan Law Review is a legal journal. Founded in 1902, it is published eight times a year by the University of Michigan Law School.Subjects include law. The editor in chief is Leah M. Litman.

Articles from Vol. 110, No. 4, February

Criminal Sanctions in the Defense of the Innocent
Under the formal rules of criminal procedure, fact finders are required to apply a uniform standard of proof in all criminal cases. Experimental studies as well as real world examples indicate, however, that fact finders often adjust the evidentiary...
INSIDE AGENCY PREEMPTION[dagger]
A subtle shift has taken place in the mechanics of preemption, the doctrine that determines when federal law displaces state law. In the past, Congress was the leading actor, and courts and commentators focused almost exclusively on the precise wording...
On Strict Liability Crimes: Preserving a Moral Framework for Criminal Intent in an Intent-Free Moral World
The law has long recognized a presumption against criminal strict liability. This Note situates that presumption in terms of moral intuitions about the role of intention and the unique nature of criminal punishment. Two sources-recent laws from state...
The Justiciability of Fair Balance under the Federal Advisory Committee Act: Toward a Deliberative Process Approach
The Federal Advisory Committee Act's requirement that advisory committees be "fairly balanced in terms of the points of view represented and the functions to be performed" is generally considered either nonjusticiable under the Administrative Procedure...
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