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Full-Text Articles in Law

Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time, Eve Brensike Primus Jul 2018

Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time, Eve Brensike Primus

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Habeas corpus, also known as the Great Writ, was meant to be a “bulwark against convictions that violate fundamental fairness,” according to the Supreme Court. Yet today, federal courts provide relief in fewer than half of one percent of cases in which a non-capital state prisoner seeks relief through habeas. The Great Writ, it would seem, is no longer so great. In Litigating Federal Habeas Corpus Cases: One Equitable Gateway at a Time, Eve Brensike Primus examines the various procedural and substantive hurdles that have been erected in the past half century that make it nearly impossible for state prisoners ...


Behavioral Finance Symposium Summary Paper, Michael S. Barr, Annabel Jouard, Andrew Norwich, Josh Wright, Katy Davis May 2018

Behavioral Finance Symposium Summary Paper, Michael S. Barr, Annabel Jouard, Andrew Norwich, Josh Wright, Katy Davis

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On September 14-15, 2017, the University of Michigan’s Center on Finance, Law, and Policy and behavioral science research and design lab ideas42 brought together influential leaders from academia, government, nonprofits and the financial sector for a two-day symposium on behavioral finance. Behavioral finance is the study of how behavioral biases and tendencies affect financial decisions, and in turn how those impact financial markets.


Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias Apr 2018

Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias

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Everyone in this audience is well aware of the problems plaguing reiterating. The wealthiest one percent of Americans takes home nearly a quarter of our national income and owns forty percent of the nation's wealth.


The 2016-17 Survey Of Applied Legal Education, Robert R. Kuehn, David A. Santacroce, Margaret Reuter, Sue Schechter Sep 2017

The 2016-17 Survey Of Applied Legal Education, Robert R. Kuehn, David A. Santacroce, Margaret Reuter, Sue Schechter

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This report summarizes the results of the Center for the Study of Applied Legal Education’s (CSALE) 2016-17 Survey of Applied Legal Education. The 2016-17 Survey was CSALE’s fourth triennial survey of law clinic and field placement (i.e., externship) courses and educators. The results provide insight into the state of applied legal education in areas like program design, capacity, administration, funding, and pedagogy, and the role of applied legal education and educators in the legal academy. Law schools, legal educators, scholars, and oversight agencies rely on CSALE’s data. They do so with the summary results provided here ...


Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens Mar 2017

Race And Wrongful Convictions In The United States, Samuel R. Gross, Maurice Possley, Klara Stephens

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African Americans are only 13% of the American population but a majority of innocent defendants wrongfully convicted of crimes and later exonerated. They constitute 47% of the 1,900 exonerations listed in the National Registry of Exonerations (as of October 2016), and the great majority of more than 1,800 additional innocent defendants who were framed and convicted of crimes in 15 large-scale police scandals and later cleared in “group exonerations.” We see this racial disparity for all major crime categories, but we examine it in this report in the context of the three types of crime that produce the ...


How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger May 2016

How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger

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In a landmark decision two decades ago, United States District Judge Thelton Henderson emphasized the toxic effects of solitary confinement for inmates with mental illness. In Madrid v. Gomez, a case about California’s Pelican Bay prison, Judge Henderson wrote that isolated conditions in the Special Housing Unit, or SHU, while not amounting to cruel and unusual punishment for all prisoners, were unconstitutional for those “at a particularly high risk for suffering very serious or severe injury to their mental health . . . .” Vulnerable prisoners included those with pre-existing mental illness, intellectual disabilities, and brain damage. Henderson concluded that “[f]or these ...


Commentary On The Ongoing Indigenous Political Enterprise: What's Law Got To Do With It?, Monica Hakimi Jan 2016

Commentary On The Ongoing Indigenous Political Enterprise: What's Law Got To Do With It?, Monica Hakimi

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Professor Hakimi reviews Dalee Sambo Dorough's article, The Ongoing Indigenous Political Enterprise: What's Law Got to Do with It?, highlighting three tensions she defines within the article and the strengths and weaknesses of Dorough's examination of these three tensions.


Minority And Women Entrepreneurs: Building Capital, Networks, And Skills, Michael S. Barr Mar 2015

Minority And Women Entrepreneurs: Building Capital, Networks, And Skills, Michael S. Barr

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The United States has an enviable entrepreneurial culture and a track record of building new companies. Yet new and small business owners often face particular challenges, including lack of access to capital, insufficient business networks for peer support, investment, and business opportunities, and the absence of the full range of essential skills necessary to lead a business to survive and grow. Women and minority entrepreneurs often face even greater obstacles. While business formation is, of course, primarily a matter for the private sector, public policy can and should encourage increased rates of entrepreneurship, and the capital, networks, and skills essential ...


Strange Bedfellows: How Child Welfare Agencies Can Benefit From Investing In Multidisciplinary Parent Representation, Vivek S. Sankaran, Patricia L. Rideout, Martha L. Raimon Jan 2015

Strange Bedfellows: How Child Welfare Agencies Can Benefit From Investing In Multidisciplinary Parent Representation, Vivek S. Sankaran, Patricia L. Rideout, Martha L. Raimon

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This is the second of a series of articles that examines the role that advocates for parents and families can play in furthering the wellbeing and safety of children. This article highlights emerging parent representation models that expedite the safe reunification of children already in foster care.


Case Closed: Addressing Unmet Legal Needs & Stabilizing Families, Vivek S. Sankaran, Martha L. Raimon Jan 2014

Case Closed: Addressing Unmet Legal Needs & Stabilizing Families, Vivek S. Sankaran, Martha L. Raimon

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This is the first of two articles that examines the role that advocates for parents and families can play in furthering the well-being and safety of children. This article highlights how the work of multidisciplinary advocacy teams with legal expertise can help prevent children from entering foster care. The next article will discuss emerging parent representation models that expedite the safe reunification of children already in foster care.


Witness Recantation Study: Preliminary Findings, Samuel R. Gross, Alexandra E. Gross Jan 2013

Witness Recantation Study: Preliminary Findings, Samuel R. Gross, Alexandra E. Gross

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In September 2012, the National Registry of Exonerations began a research study of all the cases in our database that involve post-conviction recantations by witnesses or victims. This is the first systematic study of recantations ever conducted. Its purpose is to identify patterns and trends among these cases, with a particular focus on the circumstances that first elicit the false testimony, and on the official reactions to the recantations by judges and other authorities. Our data set includes all the cases in the Registry as of February 28, 2013 – a total of 1,068 cases, 250 of which involve recantations ...


Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann Jan 2013

Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann

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Much was at stake in the Presidential election of 2012, which was marked by heated debate over the trajectory of the economy, the expiration of the Bush tax cuts, and the fat of the President's health care plan. The candidates disagreed about nearly every issue from foreign policy and the war on terror to a woman's right to choose and same-sex marriage. Lost amid the din and never mentioned in the Presidential debates or most of the campaign speeches was another divisive topic: how our environmental laws and policies should address global climate change and chart a sustainable ...


Panel Iii: Politics And The Public In Ip & Info Law Policy Making, Jessica D. Litman, Michael J. Burstein, Derek Khanna, Sherwin Siy, Richard S. Whitt Jan 2013

Panel Iii: Politics And The Public In Ip & Info Law Policy Making, Jessica D. Litman, Michael J. Burstein, Derek Khanna, Sherwin Siy, Richard S. Whitt

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We have been moving gradually from the theoretical to the practical. Having examined the impact of critical legal studies ("CLS") in the academy and having discussed the intersection between scholarship and activism, we now turn to the nitty-gritty questions of how to actually enact change in intellectual property and information law and policy.


Exonerations In The United States, 1989-2012: Report By The National Registry Of Exonerations, Samuel R. Gross, Michael Shaffer Jan 2012

Exonerations In The United States, 1989-2012: Report By The National Registry Of Exonerations, Samuel R. Gross, Michael Shaffer

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This report is about 873 exonerations in the United States, from January 1989 through February 2012. Behind each is a story, and almost all are tragedies. The tragedies are not limited to the exonerated defendants themselves, or to their families and friends. In most cases they were convicted of vicious crimes in which other innocent victims were killed or brutalized. Many of the victims who survived were traumatized all over again, years later, when they learned that the criminal who had attacked them had not been caught and punished after all, and that they themselves may have played a role ...


Report On The 2010-11 Csale Survey Of Applied Legal Education, David A. Santacroce, Robert R. Kuehn Jan 2012

Report On The 2010-11 Csale Survey Of Applied Legal Education, David A. Santacroce, Robert R. Kuehn

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This report summarizes the results of the Center for the Study of Applied Legal Education’s (CSALE) 2010-11 Survey of Applied Legal Education. The 2010-11 Survey was CSALE’s second triennial survey. The results provide valuable insight into the state and nature of applied legal education in areas like program design, capacity, administration, funding, pedagogy, and the role of applied legal education and educators in the legal academy. Law schools, legal educators, scholars, and governmental agencies examining or navigating issues in these and other areas rely on CSALE’s data. They do so with the summary results provided here, in ...


The Status Of Clinical Faculty In The Legal Academy: Report Of The Task Force On The Status Of Clinicians And The Legal Academy, David A. Santacroce, Bryan L. Adamson, Calvin G. C. Pang, Bradford Colbert, Kathy Hessler, Katherine R. Kruse, Robert R. Kuehn, Mary Helen Mcneal Jan 2012

The Status Of Clinical Faculty In The Legal Academy: Report Of The Task Force On The Status Of Clinicians And The Legal Academy, David A. Santacroce, Bryan L. Adamson, Calvin G. C. Pang, Bradford Colbert, Kathy Hessler, Katherine R. Kruse, Robert R. Kuehn, Mary Helen Mcneal

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In the midst of ongoing debates within the legal academy and the American Bar Association on the need for 'practice-ready" law school graduates through enhanced attention to law clinics and externships and on the status of faculty teaching in those courses, this report identifies and evaluates the most appropriate modes for clinical faculty appointments. Drawing on data collected through a survey of clinical program directors and faculty, the report analyzes the five most identifiable clinical faculty models: unitary tenure track; clinical tenure track; long-term contract; short-term contract; and clinical fellowships. It determines that, despite great strides in the growth of ...


Rookie Mistakes To Avoid, Edward R. Becker Jun 2011

Rookie Mistakes To Avoid, Edward R. Becker

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I'm Ted Becker from the University of Michigan. My part of today's presentation is to fall on the sword. I say that because my topic is rookie mistakes to avoid. Many of us up here on the panel aren't rookies but I certainly am. I just completed my first semester of teaching transactional drafting so I'm new to the game, and then when it comes to mistakes, oh yes, there's a bunch of them that we can talk about. Because the semester just ended, these missteps are as fresh in my mind as they could ...


Teaching Transactional Skills And Law In An International Context, Deborah Burand, Kojo Yelpaala, Peter Linzer Jan 2011

Teaching Transactional Skills And Law In An International Context, Deborah Burand, Kojo Yelpaala, Peter Linzer

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Today, we are going to be discussing how we think about transactional skills in an international context. It doesn't surprise me that this is a smaller group. This is a subspecialty, but let me just do a very quick survey of you. How many of you now in this room are teaching an international course? And what are you doing?


China's Judicial System And Judicial Reform, Nicholas C. Howson Jan 2010

China's Judicial System And Judicial Reform, Nicholas C. Howson

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The following is an extract from the statement delivered by Michigan Law School Professor Nicholas Howson at the inaugural “China-U.S. Rule of Law Dialogue” held at Beijing’s Tsinghua University July 29-30, 2010, and convened by Tsinghua Law Dean Wang Zhenmin and Harvard Law School Professor and East Asian Legal Studies Director William Alford, and with the support of the China-United States Exchange Foundation chaired by C.H. Tung, first chief executive and president of the Executive Council of the Hong Kong Special Administrative Region. The dialogue was organized as a private meeting between senior PRC law professors and ...


Can The West Learn From The Rest?' The Chinese Legal Order's Hybrid Modernity, Nicholas C. Howson Jan 2009

Can The West Learn From The Rest?' The Chinese Legal Order's Hybrid Modernity, Nicholas C. Howson

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I am asked to present on the "shortcomings of the Western model of legality based on a professionalized, individualistic and highly formalistic approach to justice" as a way to understanding if "the West can develop today a form of legality which is relational rather than based on litigation as a zero sum game, learning from face to face social organizations in which individuals understand the law" - presumably in the context of the imperial and modem Chinese legal systems which I know best as a scholar and have lived for many years as a resident of the modem identity of the ...


Florida V. Bostick, Yale Kamisar Jan 2009

Florida V. Bostick, Yale Kamisar

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501 U.S. 429 (1991), argued 26 Feb. 1991, decided 20 June 1991 by vote of 6 to 3; O’Connor for the Court, Marshall in dissent. What constitutes a “seizure” within the meaning of the Fourth Amendment? Police practices need not be “reasonable”—indeed, are not regulated by the Fourth Amendment at all—unless they are considered “searches” or “seizures.” In this case, which involved a growing antidrug police tactic known as “working the buses” (randomly approaching a bus passenger and asking him for identification and to grant permission to search his luggage), the Court took a narrow view ...


Mallory V. United States, Yale Kamisar Jan 2009

Mallory V. United States, Yale Kamisar

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354 U.S. 449 (1957), argued 1 Apr. 1957, decided 24 June 1957 by vote of 9 to 0; Frankfurter for the Court. Although the power of the Supreme Court to overturn state convictions is limited to the enforcement of Fourteenth Amendment due process rights, the Court may formulate rules of evidence in the exercise of its “supervisory power” over the administration of federal criminal justice that go well beyond due process requirements. The best-known example is the McNabb-Mallory rule.


California V. Acevedo, Yale Kamisar Jan 2009

California V. Acevedo, Yale Kamisar

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500 U.S. 565 (1991), argued 8 Jan. 1991, decided 30 May 1991 by vote of 6 to 3; Blackmun for the Court, Scalia concurring, Stevens in dissent. Until the 1991 Acevedo case was decided, two different rules governed the search of closed containers found in a motor vehicle. In United States v. Ross (1982), the Court held that if the police had probable cause to search an entire vehicle for contraband and came upon a closed container in the course of the automobile search, they could open the container without first obtaining a warrant. On the other hand, in ...


Report On The 2007-2008 Csale Survey Of Applied Legal Educators, David A. Santacroce, Robert R. Kuehn Jan 2009

Report On The 2007-2008 Csale Survey Of Applied Legal Educators, David A. Santacroce, Robert R. Kuehn

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This report tabulates the results of the 2007-08 Center for the Study of Applied Legal Education (CSALE) Survey of Applied Legal Education. The results provide valuable insight into the state and nature of applied legal education in areas including program design and structure, pedagogical techniques and practices, common program challenges, and the treatment of applied legal educators in the legal academy. And because the Survey will be repeated every three years, the results reported herein provide the "baseline" for examining the growth and development of applied legal education going forward.


The Truth About Torts: Rethinking Regulatory Preemption And Its Impact On Public Health, William Buzbee, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz Jan 2009

The Truth About Torts: Rethinking Regulatory Preemption And Its Impact On Public Health, William Buzbee, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz

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As consumers, we assume that the automobiles, pharmaceuticals, medical devices, and other products we purchase are generally safe for their intended uses. We rely on manufacturers to design and produce safe products, and we assume that federal regulators are conscientious watchdogs of the marketplace. In most instances, our assumptions are valid and we safely go about our lives. But the regulatory system is now frayed to the point that dangerous products sometimes slip through the cracks. Vioxx, Firestone/ATX tires, and toxics-laden children’s toys have endangered and harmed millions. In these cases, society depends on the state courts as ...


Escobedo V. Illinois, Yale Kamisar Jan 2009

Escobedo V. Illinois, Yale Kamisar

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378 U.S. 438 (1964), argued 29 Apr. 1964, decided 22 June 1964 by vote of 5 to 4; Goldberg for the Court, Harlan, Stewart, White, and Clark in dissent. When Danny Escobedo, a murder suspect, was taken to the police station and put in an interrogation room, he repeatedly asked to speak to the lawyer he had retained. Escobedo's lawyer soon arrived at the station house and repeatedly asked to see his client. Despite the persistent efforts of both Escobedo and his lawyer, the police prevented them from meeting. The police also failed to advise Escobedo of his ...


Massiah V. United States, Yale Kamisar Jan 2009

Massiah V. United States, Yale Kamisar

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377 U.S. 201 (1964), argued 3 Mar. 1964, decided 18 May 1964 by vote of 6 to 3; Stewart for the Court, White in dissent. Massiah was decided at a time when the Warren Court's “revolution in American criminal procedure” was accelerating. According to Massiah, after the initiation of adversary judicial proceedings (by indictment, as in Massiah's case, or by information, preliminary hearing or arraignment), the Sixth Amendment guarantees a defendant the right to rely on counsel as the “medium” between himself and the government. Thus, once adversary proceedings have begun, the government cannot bypass the defendant ...


Miranda V. Arizona, Yale Kamisar Jan 2009

Miranda V. Arizona, Yale Kamisar

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384 U.S. 436 (1966), argued 28 Feb. 1966, decided 13 June 1966 by vote of 5 to 4; Warren for the Court, Clark, Harlan, White, and Stewart in dissent. The Warren Court's revolution in American criminal procedure reached its high point (or, depending upon one's perspective, its low point) on 13 June 1966. That day the Court handed down its opinion in Miranda, the most famous, and most bitterly criticized, confession case in the nation's history. To some, Miranda symbolized the legal system's determination to treat even the lowliest and most despicable criminal suspect with ...


Issue Brief: Overcoming Legal Barriers To The Bulk Sale Of At-Risk Mortgages, Michael S. Barr, James A. Feldman Jan 2008

Issue Brief: Overcoming Legal Barriers To The Bulk Sale Of At-Risk Mortgages, Michael S. Barr, James A. Feldman

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This memorandum argues that the sale of loans and loan pools to new owners would help to stabilize housing prices, and that such a modification to the REMIC rules would be desirable and well within Congress’ constitutional authority. Furthermore, it would not lead to successful legal claims by investors in securitized loan pools under the Just Compensation or Due Process clauses, which provide the primary constitutional protections for property interests.


Behaviorally Informed Financial Services Regulation, Michael S. Barr, Sendhil Mullainathan, Eldar Shafir Jan 2008

Behaviorally Informed Financial Services Regulation, Michael S. Barr, Sendhil Mullainathan, Eldar Shafir

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Financial services decisions can have enourmous consequences for household well-being. Households need a range of financial services - to conduct basic transactions, such as receiving their income, storing it, and paying bills; to save for emergency needs and long-term goals; to access credit; and to insure against life's key risks. But the financial services system is exceedingly complicated and often not well-designed to optimize house-hold behavior. In response to the complexity of out financial system, there has been a long running debate about the appropriate role and form of regulation. Regulation is largely stuck in two competing models - disclosure, and ...