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Articles 1 - 27 of 27
Full-Text Articles in Law
Accurately Instructed In The Law: Finding State Jury Instructions, Jan B. Bissett, Margi Heinen
Accurately Instructed In The Law: Finding State Jury Instructions, Jan B. Bissett, Margi Heinen
Library Scholarly Publications
No abstract provided.
The Virtues Of Bright Lines: Self-Determination, Secession, And External Intervention, Brad R. Roth
The Virtues Of Bright Lines: Self-Determination, Secession, And External Intervention, Brad R. Roth
Law Faculty Research Publications
The United Nations Charter-based international order sought to reconcile the selfdetermination of peoples with the inviolability of state boundaries by presuming sovereign states to be manifestations of the self-determination of the entirety of their territorial populations. This presumption, albeit notionally rebuttable, traditionally prevailed even where states could only by a feat of ideological imagination be characterized as "possessed of a government representing the whole people belonging to the territory without distinction." But the international reaction to fragmentation in the former Yugoslaviaregarding both the initial "dissolution" and the subsequent struggle over Kosovo-called into question the rigid doctrines of the past and …
What Is A Pond? Michigan Court Of Appeals Interprets “Waters Of The State” Under Michigan Law, Nick Schroeck, Justin Serk
What Is A Pond? Michigan Court Of Appeals Interprets “Waters Of The State” Under Michigan Law, Nick Schroeck, Justin Serk
Law Faculty Research Publications
No abstract provided.
The Moral Hazard Of Contract Drafting, Eric A. Zacks
The Moral Hazard Of Contract Drafting, Eric A. Zacks
Law Faculty Research Publications
This Article identifies and examines the principal-agent problem as it arises in the context of contract preparation. The economic agency relationship, as it may be understood to exist for contract drafting, provides a superior framework for understanding and reforming the inability of the non-drafting party (the principal) to control the drafting party (the agent). As an economic agent, the drafting party faces a moral hazard when preparing the contract because of the differing interests of the parties as well as the information and control asymmetries that exists. For example, the use of standard form contracts in consumer transactions is an …
The Shoulders On Which We Stand, Jan B. Bissett, Margi Heinen
The Shoulders On Which We Stand, Jan B. Bissett, Margi Heinen
Library Scholarly Publications
No abstract provided.
Introduction: Global Health Governance And A Framework Convention On Global Health, Lance Gable, Ames Dhai, Robert Marten, Benjamin Mason Meier, Jennifer Prah Ruger
Introduction: Global Health Governance And A Framework Convention On Global Health, Lance Gable, Ames Dhai, Robert Marten, Benjamin Mason Meier, Jennifer Prah Ruger
Law Faculty Research Publications
No abstract provided.
A Standing Question: Mortgages, Assignment And Foreclosure, Eric A. Zacks, Dustin A. Zacks
A Standing Question: Mortgages, Assignment And Foreclosure, Eric A. Zacks, Dustin A. Zacks
Law Faculty Research Publications
"Banks are neither private attorneys general nor bounty hunters, armed with a roving commission to seek out defaulting homeowners and take away their homes in satisfaction of some other bank's deed of trust."
This Article examines the judicial treatment of mortgage assignments across various jurisdictions in the foreclosure context. Although some courts do permit debtors to challenge suspicious or problematic assignments, most have ignored such problems and denied standing to debtors attempting to assert assignment-based defenses. This is particularly surprising given the widespread and well-documented problems with foreclosure "robo-litigation," including backdated documents, fraudulent notarizations, and unauthorized signatures. Despite the abuse …
Congress And Indians, Kirsten Matoy Carlson
Congress And Indians, Kirsten Matoy Carlson
Law Faculty Research Publications
Contrary to popular narratives about courts protecting certain minority rights from majoritarian influences, Indian nations lose in the United States Supreme Court over 75 percent of the time. As a result, scholars, tribal leaders, and advocates have suggested that Congress, as opposed to the courts, may be more responsive to Indian interests and have turned to legislative strategies for pursuing and protecting tribal interests. Yet very little is known about the kinds of legislation Congress enacts relating to American Indians. This Article charts new territory in this understudied area and responds to recent calls for more empirical legal studies in …
Panel On Problematizing Assumptions About Gender Violence, Adele M. Morrison, Rashmi Goel, Tamara Lave, Elizabeth Macdowell
Panel On Problematizing Assumptions About Gender Violence, Adele M. Morrison, Rashmi Goel, Tamara Lave, Elizabeth Macdowell
Law Faculty Research Publications
No abstract provided.
What's So Bad About Insider Trading Law, Peter J. Henning
What's So Bad About Insider Trading Law, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Post-Teva: When Will The Federal Circuit Embrace The Deferential Standard Of Review For Patent Claim Construction, Katherine E. White
Post-Teva: When Will The Federal Circuit Embrace The Deferential Standard Of Review For Patent Claim Construction, Katherine E. White
Law Faculty Research Publications
No abstract provided.
Motions To Withdraw The Reference - An Empirical Study, Laura B. Bartell
Motions To Withdraw The Reference - An Empirical Study, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
For The Title Ix Civil Rights Movement: Congratulation And Cautions, Nancy Chy Cantalupo
For The Title Ix Civil Rights Movement: Congratulation And Cautions, Nancy Chy Cantalupo
Law Faculty Research Publications
No abstract provided.
Is Deterrence Relevant In Sentencing White-Collar Criminals?, Peter J. Henning
Is Deterrence Relevant In Sentencing White-Collar Criminals?, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
The Conundrum Of Wto Accession Protocols: In Search Of Legality And Legitimacy, Julia Ya Qin
The Conundrum Of Wto Accession Protocols: In Search Of Legality And Legitimacy, Julia Ya Qin
Law Faculty Research Publications
Accession to the World Trade Organization differs from that of other international organizations in one major aspect: the WTO may prescribe more stringent rules for acceded members, depending on the result of individual accession negotiations. These country-specific rules are set out in the protocols of accession and now form a significant part of WTO law. However, questions concerning the legality and legitimacy of such rules remain to be answered. The accession protocols effectively modify the provisions of the WTO multilateral trade agreements, but the legal basis for so doing has never been properly explained and the relationship between the accession …
Demanding Identity Papers, Jonathan T. Weinberg
Demanding Identity Papers, Jonathan T. Weinberg
Law Faculty Research Publications
No abstract provided.
Post-Teva: When Will The Federal Circuit Embrace The Deferential Standard Of Review For Patent Claim Construction?, Katherine E. White
Post-Teva: When Will The Federal Circuit Embrace The Deferential Standard Of Review For Patent Claim Construction?, Katherine E. White
Law Faculty Research Publications
No abstract provided.
Letter To Judge Rhodes: An Evaluation Of The Expert Report Of Martha E.M. Kopacz Regarding The Feasibility Of The City Of Detroit Plan Of Adjustment, Peter J. Hammer
Letter To Judge Rhodes: An Evaluation Of The Expert Report Of Martha E.M. Kopacz Regarding The Feasibility Of The City Of Detroit Plan Of Adjustment, Peter J. Hammer
Law Faculty Research Publications
No abstract provided.
Stay Imposed - The Failed Policy Of Section 362(C)(4), Laura B. Bartell
Stay Imposed - The Failed Policy Of Section 362(C)(4), Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Using Historic Preservation Laws To Halt The Destruction Of Porch Culture In The Lower Ninth Ward Of New Orleans, Jamila Jefferson-Jones
Using Historic Preservation Laws To Halt The Destruction Of Porch Culture In The Lower Ninth Ward Of New Orleans, Jamila Jefferson-Jones
Law Faculty Research Publications
No abstract provided.
Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking, Jamila Jefferson-Jones
Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking, Jamila Jefferson-Jones
Law Faculty Research Publications
No abstract provided.
Contract Review: Cognitive Bias, Moral Hazard, And Situational Pressure, Eric A. Zacks
Contract Review: Cognitive Bias, Moral Hazard, And Situational Pressure, Eric A. Zacks
Law Faculty Research Publications
This Article explores the contract drafting and review process of attorneys from a cognitive and social science perspective. Based on an understanding of the behavioral tendencies of individual attorneys as impacted by cognitive bias, moral hazard, and situational pressure, the drafting attorney may be able to secure particular transactional advantages for her client. For example, the anchoring effect, which suggests that individuals are affected by the presence by an initial value position, may explain why drafters should and do include extreme positions in their initial draft. Similarly, time pressure may affect an attorney's review of a contract, which a drafting …
Jobs Looking For People, People Looking For Their Rights: Seeking Relief For Exploited Immigrant Workers In North Dakota, Sabrina Balgamwalla
Jobs Looking For People, People Looking For Their Rights: Seeking Relief For Exploited Immigrant Workers In North Dakota, Sabrina Balgamwalla
Law Faculty Research Publications
No abstract provided.
Chevron For Juries, William Ortman
Chevron For Juries, William Ortman
Law Faculty Research Publications
No abstract provided.
Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking, Jamila Jefferson-Jones
Airbnb And The Housing Segment Of The Modern Sharing Economy: Are Short-Term Rental Restrictions An Unconstitutional Taking, Jamila Jefferson-Jones
Law Faculty Research Publications
No abstract provided.
Dealing With Corporate Misconduct, Peter J. Henning
Dealing With Corporate Misconduct, Peter J. Henning
Law Faculty Research Publications
No abstract provided.