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Articles 1 - 30 of 655
Full-Text Articles in Law
An Appeal To Books, Amir H. Ali
An Appeal To Books, Amir H. Ali
Michigan Law Review
This feels a fit, even urgent, moment to celebrate our books and the role they play vis-à-vis the law, the courts, and the truth.
As this issue goes to print, our nation’s highest court faces forceful criticism that some of its most significant decisions have been detached from objective fact. In recent Terms, the Supreme Court’s majority has doubled down on deciding major constitutional questions based on “history and tradition”—that is, the majority’s understanding of what the nation was like centuries ago. Just as quickly as these justices praised the objectivity of their fealty to history, they met widespread rebuke …
Introduction: Three Responses To Rewritten Opinions In Critical Race Judgments, Gabe Chess, Elena Meth
Introduction: Three Responses To Rewritten Opinions In Critical Race Judgments, Gabe Chess, Elena Meth
Michigan Law Review
A Review of Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Michigan Law Review
A Review of McCleskey v. Kemp. By Mario Barnes, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 557, 581. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Disabling Lawyering: Buck V. Bell And The Road To A More Inclusive Legal Practice, Jacob Izak Abudaram
Disabling Lawyering: Buck V. Bell And The Road To A More Inclusive Legal Practice, Jacob Izak Abudaram
Michigan Law Review
A Review of Demystifying Disability: What to Know, What to Say, and How to Be and Ally. By Emily Ladau and Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell By Paul A. Lombardo.
Mothers In Law, Melissa Murray
Mothers In Law, Melissa Murray
Michigan Law Review
A Review of Civil Rights Queen: Constance Baker Motley and the Struggle for Equality. By Tomiko Brown-Nagin.
Status Manipulation In Chae Chan Ping V. United States, Sam Erman
Status Manipulation In Chae Chan Ping V. United States, Sam Erman
Michigan Law Review
A Review of Chae Chan Ping v. United States. By Rose Cuison-Villazor in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 74, 84. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Nepantla/Coatlicue/Conocimiento, Gerald Torres
Nepantla/Coatlicue/Conocimiento, Gerald Torres
Michigan Law Review
A Review of Borderlands/La Frontera: The New Mestiza. By Gloria Anzaldúa.
An Order, Most Fixed, Alexandra D. Lahav
An Order, Most Fixed, Alexandra D. Lahav
Michigan Law Review
A Review of Rules: A Short History of What We Live By. By Lorraine Daston.
The Geography Of Unfreedom, Ann M. Eisenberg
The Geography Of Unfreedom, Ann M. Eisenberg
Michigan Law Review
A Review of Coal, Cages, Crisis: The Rise of the Prison Economy in Central Appalachia. By Judah Schept.
Allow Me To Transform: A Black Guy’S Guide To A New Constitution, Brandon Hasbrouck
Allow Me To Transform: A Black Guy’S Guide To A New Constitution, Brandon Hasbrouck
Michigan Law Review
A Review of Allow Me to Retort: A Black Guy’s Guide to the Constitution. By Elie Mystal.
Disrupting Carceral Logic In Family Policing, Cynthia Godsoe
Disrupting Carceral Logic In Family Policing, Cynthia Godsoe
Michigan Law Review
A Review of Torn Apart: How the Child Welfare System Destroys Black Families and How Abolition Can Build a Safer World, By Dorothy Roberts.
Heeding The Voices Of Migrant Youth: The Need For Action, Randi Mandelbaum
Heeding The Voices Of Migrant Youth: The Need For Action, Randi Mandelbaum
Michigan Law Review
A Review of Unaccompanied: The Plight of Immigrant Youth at the Border. By Emily Ruehs-Navarro.
Policing Queer Sexuality, Ari Ezra Waldman
Policing Queer Sexuality, Ari Ezra Waldman
Michigan Law Review
A Review of Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life Before Stonewall. By Anna Lvovsky.
Beyond “Big Government”: Toward New Legal Histories Of The New Deal Order’S End, Gabriel L. Levine
Beyond “Big Government”: Toward New Legal Histories Of The New Deal Order’S End, Gabriel L. Levine
Michigan Law Review
A Review of Public Citizens: The Attack on Big Government and the Remaking of American Liberalism. By Paul Sabin.
Sisters Gonna Work It Out: Black Women As Reformers And Radicals In The Criminal Legal System, Paul Butler
Sisters Gonna Work It Out: Black Women As Reformers And Radicals In The Criminal Legal System, Paul Butler
Michigan Law Review
A Review of Becoming Abolitionists: Police, Protests, and the Pursuit of Freedom. By Derecka Purnell and a review of Progressive Prosecution: Race and Reform in Criminal Justice. Edited by Kim Taylor-Thompson and Anthony C. Thompson.
The Indian Child Welfare Act In The Multiverse, M. Alexander Pearl
The Indian Child Welfare Act In The Multiverse, M. Alexander Pearl
Michigan Law Review
A Review of Adoptive Couple v. Baby Girl By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Akhil Amar’S Unusable Past, Gregory Ablavsky
Akhil Amar’S Unusable Past, Gregory Ablavsky
Michigan Law Review
A Review of The Words That Made Us: America’s Constitutional Conversation, 1760–1840. By Akhil Reed Amar.
The Case Of The Dishonest Scrivener: Gouverneur Morris And The Creation Of The Federalist Constitution, William Michael Treanor
The Case Of The Dishonest Scrivener: Gouverneur Morris And The Creation Of The Federalist Constitution, William Michael Treanor
Michigan Law Review
At the end of the Constitutional Convention, the delegates appointed the Committee of Style and Arrangement to bring together the textual provisions that the Convention had previously agreed to and to prepare a final constitution. Pennsylvania delegate Gouverneur Morris drafted the document for the Committee, and, with few revisions and little debate, the Convention adopted Morris’s draft. For more than two hundred years, questions have been raised as to whether Morris covertly altered the text in order to advance his constitutional vision, but modern legal scholars and historians studying the Convention have either ignored the issue or concluded that Morris …
Editors' Note, Michigan Law Review
Editors' Note, Michigan Law Review
Michigan Law Review
A reflection on the origins of the Michigan Law Review book review issue.
On Lawyers And Copy Editors, Jonathan I. Tietz
On Lawyers And Copy Editors, Jonathan I. Tietz
Michigan Law Review
Review of Benjamin Dreyer's Dreyer's English: An Utterly Correct Guide to Clarity and Style.
"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals, Merritt E. Mcalister
"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals, Merritt E. Mcalister
Michigan Law Review
Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law students read in casebooks. Over the last fifty years, the so-called “unpublished decision” has overtaken the federal appellate courts in response to a caseload volume “crisis.” These are often short, perfunctory decisions that make no law; they are, one federal judge said, “not safe for human consumption.”
The creation of the inferior unpublished decision also has created an inferior track of appellate justice for a class of appellants: indigent litigants. The federal appellate courts routinely shunt indigent appeals to a second-tier appellate …
Books, Debate, Specificity, Neal Kumar Katyal
Books, Debate, Specificity, Neal Kumar Katyal
Michigan Law Review
Foreword to Volume 117, Issue 6 of the Michigan Law Review.
Books Have The Power To Shape Public Policy, Barbara Mcquade
Books Have The Power To Shape Public Policy, Barbara Mcquade
Michigan Law Review
In our digital information age, news and ideas come at us constantly and from every direction—newspapers, cable television, podcasts, online media, and more. It can be difficult to keep up with the fleeting and ephemeral news of the day.
Books, on the other hand, provide a source of enduring ideas. Books contain the researched hypotheses, the well-developed theories, and the fully formed arguments that outlast the news and analysis of the moment, preserved for the ages on the written page, to be discussed, admired, criticized, or supplanted by generations to come.
And books about the law, like the ones reviewed …
Justice Scalia And The Idea Of Judicial Restraint, John F. Manning
Justice Scalia And The Idea Of Judicial Restraint, John F. Manning
Michigan Law Review
Review of A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia .
An Invisible Crisis In Plain Sight: The Emergence Of The "Eviction Economy," Its Causes, And The Possibilities For Reform In Legal Regulation And Education, David A. Dana
Michigan Law Review
Review of Evicted: Poverty and Profit in the American City by Matthew Desmond.
Foreword: The Books Of Justices, Linda Greenhouse
Foreword: The Books Of Justices, Linda Greenhouse
Michigan Law Review
For this Michigan Law Review issue devoted to recently published books about law, I thought it would be interesting to see what books made an appearance in the past year’s work of the Supreme Court. I catalogued every citation to every book in those forty opinions in order to see what patterns emerged: what books the justices cited, which justices cited which books, and what use they made of the citations. To begin with, I should define what I mean by “books". For the purposes of this Foreword, I excluded some types of reading matter that may have a book-like …
Digging Into The Foundations Of Evidence Law, David H. Kaye
Digging Into The Foundations Of Evidence Law, David H. Kaye
Michigan Law Review
Review of The Psychological Foundations of Evidence Law by Michael J. Saks and Barbara A. Spellman.
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
Michigan Law Review
In “The Changing Market for Criminal Casebooks,” Jens David Ohlin offers an appreciative, but nevertheless critical review of established criminal law casebooks. He then introduces his own offering by describing “a vision for a new casebook” that will better serve the needs and wants of contemporary students. Ohlin begins with the arresting claim that criminal law professors are passionate about their subject because they are fascinated by human depravity. Then, throughout his essay, he stresses efficient, consumer-focused delivery of doctrinal instruction as the defining task of a successful casebook. Moreover, he argues, casebooks should devote less attention to academic theories …
In Praise Of Law Books And Law Reviews (And Jargon-Filled Academic Writing), Cass R. Sunstein
In Praise Of Law Books And Law Reviews (And Jargon-Filled Academic Writing), Cass R. Sunstein
Michigan Law Review
Many people, including many lawyers and judges, disparage law reviews and the books that sometimes result from them on the ground that they often deal with abstruse topics, of little interest to the bar, and are sometimes full of jargon, including excessively academic and impenetrable writing. Some of the objections are warranted, but at their best, law books and law reviews show a high level of rigor, discipline, and care; they have a kind of internal morality. What might seem to be jargon is often a product of specialization, similar to what is observed in other fields (such as economics, …
The Changing Market For Criminal Law Casebooks, Jens David Ohlin
The Changing Market For Criminal Law Casebooks, Jens David Ohlin
Michigan Law Review
Criminal law is a nasty business. The field takes as its point of departure the indignities that human beings visit upon each other—each one worse than the one before. A book or article about criminal law often reads like a parade of horribles, an indictment of humanity’s descent into moral weakness. For those who teach criminal law, everything else pales in comparison. Neither the business disputes of contract law nor the physical injuries described in a torts casebook can compare with the depravity of what we teach in criminal law. Criminal law professors are often addicted to their subject. Nothing …