Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Supreme Court of the United States (60)
- Courts (31)
- Constitutional Law (29)
- Legislation (27)
- Criminal Procedure (23)
-
- Law and Race (21)
- Election Law (19)
- Civil Rights and Discrimination (18)
- Law Enforcement and Corrections (16)
- Law and Politics (16)
- State and Local Government Law (16)
- Criminal Law (15)
- Fourteenth Amendment (13)
- Intellectual Property Law (13)
- Juvenile Law (13)
- Torts (13)
- Evidence (10)
- Administrative Law (9)
- Agriculture Law (7)
- Animal Law (7)
- Environmental Law (7)
- Health Law and Policy (7)
- Legal History (7)
- Communications Law (6)
- President/Executive Department (6)
- First Amendment (5)
- Immigration Law (5)
- Judges (5)
- Law and Economics (5)
- Keyword
-
- United States Supreme Court (45)
- Law reform (24)
- Race and law (18)
- Elections (17)
- Discrimination (15)
-
- Children (14)
- Equality (13)
- Liability (13)
- Regulation (13)
- Congress (12)
- Constitution (12)
- Equal Protection Clause (12)
- Crawford v. Washington (11)
- Presidents (11)
- Confrontation Clause (10)
- Sentencing (10)
- Eighth Amendment (9)
- Hearsay (9)
- Privacy (9)
- Affirmative action (8)
- California (8)
- Crimes (8)
- Hammon v. Indiana (8)
- Prisoners (8)
- Public policy (8)
- Reliability (8)
- Agriculture (7)
- Animal welfare (7)
- Animals (7)
- Congressional districts (7)
Articles 31 - 60 of 167
Full-Text Articles in Law
The Crawford Debacle, George Fisher
The Crawford Debacle, George Fisher
Michigan Law Review First Impressions
First a toast—to my colleague Jeff Fisher and his Crawford compatriot, Richard Friedman, on the tenth anniversary of their triumph: What they achieved in Crawford is every lawyer’s dream. By dint of sheer vision and lawyerly craft, they toppled what many saw as a flawed confrontation-law regime and put in its place one that promised greater justice. For that, much applause is due. Still there’s no denying their doctrine’s a muddle, if not as conceived, then as realized. Consider the count: Four justices almost agree on Crawford’s contours but patch over the issues that divide them. A fifth justice …
Crawford V. Washington: The Next Ten Years, Jeffrey L. Fisher
Crawford V. Washington: The Next Ten Years, Jeffrey L. Fisher
Michigan Law Review First Impressions
Imagine a world . . . in which the Supreme Court got it right the first time. That is, imagine that when the Supreme Court first incorporated the Confrontation Clause against the states, the Court did so by way of the testimonial approach. It’s not that hard to envision. In Douglas v. Alabama—issued in 1965, on the same day the Court ruled that the Confrontation Clause applies to the states—the Court held that a nontestifying witness’s custodial confession could not be introduced against the defendant because, while “not technically testimony,” the confession was “the equivalent in the jury’s mind …
Introduction By The Editors, Michigan Law Review
Introduction By The Editors, Michigan Law Review
Michigan Law Review First Impressions
This Essay opens a Symposium honoring the contribution of Mari Matsuda to American legal scholarship. The first Asian American female to gain tenure at a U.S. law school, she helped establish a scholarly movement-critical race theory-that reshaped several academic disciplines. She also was the first to propose a new perspective-looking to the bottom-in which judges and activists would evaluate legal practices from the perspective of the least advantaged members of society. With pathbreaking articles on hate speech, accent discrimination, legal history, affirmative action, feminist legal theory, and the politics of coalition, Matsuda has left her mark on numerous areas of …
Power Games, Aneil Kovvali
Power Games, Aneil Kovvali
Michigan Law Review First Impressions
According to the traditional account, Congress has the "necessary constitutional means and personal motives to resist encroachments" by the president. As commentators have recognized, however, the traditional account does not match reality. Individuals in Washington, D.C., are more interested in fighting for their political party than for their branch of government, and the essentially reactive legislative branch lacks the capacity to respond to a rapidly changing policy environment. But the traditional account suffers from a more basic flaw. The president can decide whether or not to cooperate with Congress on a situation-by-situation basis. By contrast, Congress's tools for disciplining the …
Let's Get Married: An Essay In Honor Of Mari Matsuda, Richard Delgado
Let's Get Married: An Essay In Honor Of Mari Matsuda, Richard Delgado
Michigan Law Review First Impressions
Most unbiased evaluations of marriage as an institution consider it an unmitigated benefit, at least for those who enter into it willingly and avoid the shoals of divorce. Married people report higher levels of happiness than their unmarried counterparts, live longer, and lead healthier lives. They are less depressed, drink less, and report more satisfaction with their status than those who have never married or are divorced. The benefits of marriage also accrue to the children of married couples. The children of intact couples, whether straight or gay, are happier and more well adjusted, on average, than those of either …
Tribal Disruption And Indian Claims, Matthew L.M. Fletcher, Kathryn E. Fort, Dr. Nicholas J. Reo
Tribal Disruption And Indian Claims, Matthew L.M. Fletcher, Kathryn E. Fort, Dr. Nicholas J. Reo
Michigan Law Review First Impressions
Legal claims are inherently disruptive. Plaintiffs' suits invariably seek to unsettle the status quo. On occasion, the remedies to legal claims can be so disruptive-that is, impossible to enforce or implement in a fair and equitable manner-that courts simply will not issue them. In the area of federal Indian law, American Indian tribal claims not only disrupt the status quo but may even disrupt so-called settled expectations of those affected by the claims. The U.S. Court of Appeals for the Second Circuit has dismissed a round of Indian land claims at the pleading stage, includingOnondaga Nation v. New York, because …
Friendship Treaties ≠ Judgment Treaties, John F. Coyle
Friendship Treaties ≠ Judgment Treaties, John F. Coyle
Michigan Law Review First Impressions
It is hornbook law that the United States is not currently a party to any treaty governing the enforcement of foreign judgments. At least, it was hornbook law until 1993. In that year, the U.S. Court of Appeals for the Eleventh Circuit adopted a novel interpretation of a provision in a bilateral treaty of friendship, commerce, and navigation ("FCN treaty") between the United States and Greece that transformed the treaty into a de facto judgments treaty. Two years later, in 1995, the Third Circuit adopted the same interpretation of an identical clause in the United States-Korea FCN treaty. Each of …
Transforming Juvenile Justice: Making Doctrine Out Of Dicta In Graham V. Florida, Jason Zolle
Transforming Juvenile Justice: Making Doctrine Out Of Dicta In Graham V. Florida, Jason Zolle
Michigan Law Review First Impressions
In the late 1980s and 1990s, many state legislatures radically altered the way that their laws treated children accused of crimes. Responding to what was perceived of as an epidemic of juvenile violence, academics and policymakers began to think of child criminals as a "new breed" of incorrigible "superpredators." States responded by making it easier for prosecutors to try and sentence juveniles as adults, even making it mandatory in some circumstances. Yet in the past decade, the Supreme Court handed down four opinions that limit the states' ability to treat children as adults in the justice system. Roper v. Simmons …
Are Cryptocurrencies Super Tax Havens?, Omri Marian
Are Cryptocurrencies Super Tax Havens?, Omri Marian
Michigan Law Review First Impressions
Virtual currencies are online payment systems that may function as real currencies but are not issued or backed by central governments. As demonstrated by recent events, virtual currencies present regulators with significant challenges. On May 23, 2013, the U.S. federal government brought an indictment against the operators of Liberty Reserve, a popular virtual currency, charging the operators with money laundering and operating an unlicensed money-transmitting business. The same month, the Government Accountability Office ("GAO") made public a report exploring the potential tax-compliance risks associated with virtual currencies and economies. Legislators have also taken particular interest in one type of virtual …
Reflections On The End Of The Federal Law Clerk Hiring Plan, Aaron L. Nielson
Reflections On The End Of The Federal Law Clerk Hiring Plan, Aaron L. Nielson
Michigan Law Review First Impressions
As applicants, federal judges, and law school career counselors everywhere frantically come to terms with the new clerkship landscape, one truth is inescapable: the Federal Law Clerk Hiring Plan ("the Plan") is dead. On January 29, 2013, the D.C. Circuit-the Plan's last and best defender-announced that it would no longer follow the Plan. The consequences of that announcement have been swift. For the last several months, months earlier than almost anyone expected, untold numbers of federal judges across the country have been rushing to hire law clerks. For these judges, the unregulated clerkship market of the pre-Plan era is back. …
One Redeeming Quality About The 112th Congress: Refocusing On Descriptive Rather Than Evocative Short Titles, Brian Christopher Jones
One Redeeming Quality About The 112th Congress: Refocusing On Descriptive Rather Than Evocative Short Titles, Brian Christopher Jones
Michigan Law Review First Impressions
The consensus with regard to the 112th Congress is that it was a massive failure: the Congress passed fewer laws than in previous years, and the contemptuous debates over the debt ceiling and the so-called "fiscal cliff" did not win this Congress many supporters. So what redeeming qualities could have been present in such an irredeemable Congress? I believe that there was at least one: a returning focus on descriptive short titles for laws, rather than a perpetuation of the evocative and tendentious short titles that have been commonplace over the past couple of decades. A recent publication of mine …
Adoptive Couple V. Baby Girl: Two-And-A-Half Ways To Destroy Indian Law, Marcia A. Yablon-Zug
Adoptive Couple V. Baby Girl: Two-And-A-Half Ways To Destroy Indian Law, Marcia A. Yablon-Zug
Michigan Law Review First Impressions
In December 2011, Judge Malphrus of the South Carolina family court ordered Matt and Melanie Capobianco to relinquish custody of Veronica, their two-year-old, adopted daughter, to her biological father, Dusten Brown. A federal statute known as the Indian Child Welfare Act ("ICWA") mandated Veronica's return. However, the court's decision to return Veronica pursuant to this law incited national outrage and strident calls for the Act's repeal. While this outrage was misplaced, it may nonetheless have influenced the U.S. Supreme Court's decision to hear the appeal. The case of Adoptive Couple v. Baby Girl is emotionally complicated, but it is not …
Keeping Up With The Jonses: Making Sure Your History Is Just As Wrong As Everyone Else's, Brian Sawers
Keeping Up With The Jonses: Making Sure Your History Is Just As Wrong As Everyone Else's, Brian Sawers
Michigan Law Review First Impressions
Before Katz v. United States, a search under the Fourth Amendment required a trespass. If there was no trespass on one’s property, then there was no search. In Katz, a 1967 decision, the U.S. Supreme Court abandoned that approach, instead finding a search without a trespass based on the government’s invasion of a “reasonable expectation of privacy.” In Oliver v. United States, the Court found that trespass was not sufficient to create a search. It found no reasonable expectation of privacy in open fields, and thus no search, even though the defendant had erected “No Trespassing” signs around his property …
The Rule Of Law And The Perils Of Precedent, Randy J. Kozel
The Rule Of Law And The Perils Of Precedent, Randy J. Kozel
Michigan Law Review First Impressions
In a world where circumstances never changed and where every judicial decision was unassailably correct, applying the doctrine of stare decisis would be a breeze. Fidelity to precedent and commitment to sound legal interpretation would meld into a single, coherent enterprise. That world, alas, is not the one we live in. Like so much else in law, the concept of stare decisis encompasses a series of trade-offs-and difficult ones at that. Prominent among them is the tension between allowing past decisions to remain settled and establishing a body of legal rules that is flexible enough to adapt and improve over …
Doing Affirmative Action, Stephen Clowney
Doing Affirmative Action, Stephen Clowney
Michigan Law Review First Impressions
Sometime this year the Supreme Court will announce its holding in Fisher v. University of Texas at Austin, a case that asks whether colleges may continue to consider race when making admissions decisions. Most Court watchers predict that the five conservative justices will vote to curtail the use of racial preferences. Lost in the weighty discussions about the scope of the Equal Protection Clause and the meaning of the Civil Rights struggle is any clear and concise explanation of how selective colleges actually make admissions decisions and how they work to fulfill the goals of affirmative action. This Essay seeks …
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Michigan Law Review First Impressions
Recent technological advances have allowed consumers to reinvent the mixtape. Instead of being confined to two sides of an audiocassette, people can now create playlists that stretch for hours and days on their computers, tablets, mobile devices, and MP3 players. This, in turn, has affected how people consume and listen to music, both in isolation and in groups. As individuals and business owners in the United States use devices to store, organize, and listen to music, they inevitably run up against the boundaries of U.S. copyright law. In general, these laws affect businesses more often than private individuals, who can …
The Volcker Rule's Hedging Exemption, Spencer A. Winters
The Volcker Rule's Hedging Exemption, Spencer A. Winters
Michigan Law Review First Impressions
The comment period for the proposed regulations to be promulgated under the Volcker Rule expired on February 13, 2012. The rulemakers received over 16,000 comments during that period, in what one commentator described as a "fecal storm." Though that description is hopefully an exaggeration, it is safe to say that the Rule's implementation has been contentious. The Volcker Rule, named for former chairman of the Federal Reserve Paul Volcker, is a component of the Dodd-Frank Act, which Congress passed in response to the recent financial crisis. The Rule's statutory provision charges the nation's financial regulators with issuing a body of …
Who Is Afraid Of Perpetual Trusts?, Bridget J. Crawford
Who Is Afraid Of Perpetual Trusts?, Bridget J. Crawford
Michigan Law Review First Impressions
Throw a stone into a room full of law professors, and it is virtually impossible to hit someone who will defend perpetual trusts. Yet since 1995, eighteen states have repealed their rules against perpetuities, and there are now twenty-one states that permit trusts to last forever. Many academics have responded with a virtual pile-on, calling the repeals a "race to the bottom" at best and "loony" at worst. Lawrence Waggoner, Professor Emeritus at the University of Michigan School of Law and Reporter for the Restatement (Third) of Property: Wills and Other Donative Transfers, has made another contribution to the scrum. …
Foreign Affairs Federalism And The Limits On Executive Power, Zachary D. Clopton
Foreign Affairs Federalism And The Limits On Executive Power, Zachary D. Clopton
Michigan Law Review First Impressions
On February 23 of this year, the Ninth Circuit Court of Appeals invalidated a California statute permitting victims of the Armenian genocide to file insurance claims, finding that the state's use of the label "Genocide" intruded on the federal government's conduct of foreign affairs. This decision, Movsesian v. Versicherung AG, addresses foreign affairs federalism—the division of authority between the states and the federal government. Just one month later, the Supreme Court weighed in on another foreign affairs issue: the separation of foreign relations powers within the federal government. In Zivotofsky v. Clinton, the Supreme Court ordered the lower courts to …
What Can The Brothers Malone Teach Us About Ficher V. University Of Texas?, Charlie Gerstein
What Can The Brothers Malone Teach Us About Ficher V. University Of Texas?, Charlie Gerstein
Michigan Law Review First Impressions
In 1975, the Brothers Malone took the entrance exam for the Boston Fire Department. At the time, the Department was under a court-ordered affirmative action plan: it divided its pool of test-takers into groups of black and white applicants and gave substantial preference to those in the former. The Brothers listed themselves as white and didn't make the cut. In 1977, the Brothers Malone again took the entrance exam for the Boston Fire department, this time listing themselves as black. The Brothers became firemen. Within a few years, someone at the Fire Department grew suspicious of the Malones. An investigation …
Erratum, Fred R. Shapiro, Michelle Pearse
Erratum, Fred R. Shapiro, Michelle Pearse
Michigan Law Review First Impressions
Fred R. Shapiro and Michelle Pearse's essay The Most-Cited Law Review Articles of All Time, 110 MICH. L. REV. 1483 (2012), omitted an article: Owen M. Fiss, Groups and the Equal Protection Clause, 5 PHIL. & PUB. AFF. 107 (1976). Professor Fiss's article should have been listed in 72nd place (with 729 citations) in Table I, Most-Cited Law Review Articles of All Time. Professor Fiss's article fell into the category of articles published in nonlegal journals with over 50 percent of the citations to them occurring in legal journals. See Shapiro & Pearse, supra, at 1487-88. This category by its …
What's In A Name? A Brief Study Of Legal Aptonyms, Aaron Zelinsky
What's In A Name? A Brief Study Of Legal Aptonyms, Aaron Zelinsky
Michigan Law Review First Impressions
Law and literature ranges wide. Scholars use Shakespeare to illuminate issues of justice, Dickens to understand trusts and estates, and J.K. Rowling to explain the law of nations. But an important subset of this field has been hitherto neglected: the study of the names of law's protagonists-law and onomastics. This Essay takes the first step into this promising arena by identifying a previously unexplored category of cases, which it dubs "legal aptonyms." Many are familiar with aptonyms but lack the vocabulary to describe them. Aptonyms—literally "apt names"—are those proper names that are "regarded as (humorously) appropriate to a person's profession …
Who's Bringing The Children?: Expanding The Family Exemption For Child Smuggling Offenses, Rebecca M. Abel
Who's Bringing The Children?: Expanding The Family Exemption For Child Smuggling Offenses, Rebecca M. Abel
Michigan Law Review First Impressions
Under immigration law, an alien smuggling offense takes place when one knowingly encourages, induces, assists, abets, or aids an alien to enter or to try to enter the United States. Committing this offense is cause for either removal or inadmissibility charges under the Immigration and Nationality Act ("INA"). In addition, a federal criminal conviction for alien smuggling under INA section 274(a)(1)(A) or 274(a)(2) classifies the immigrant as an aggravated felon, leading to near certain deportation. Although the INA levies harsh penalties against smugglers, the practice has not showed any signs of slowing. In 2010, the United States Border Patrol apprehended …
Clarification Needed: Fixing The Jurisdiction And Venue Clarification Act, William Baude
Clarification Needed: Fixing The Jurisdiction And Venue Clarification Act, William Baude
Michigan Law Review First Impressions
One hates to seem ungrateful. Judges and scholars frequently call for Congress to fix problems in the law of jurisdiction and procedure, and Congress doesn't usually intervene. In that light, the Jurisdiction and Venue Clarification Act ("JVCA"),[1] signed into law on December 7, 2011, ought to be a welcome improvement. And hopefully, on balance, it will be. But in at least one area that it attempts to clarify, the JVCA leaves much to be desired. Professor Arthur Hellman has called the JVCA "the most far-reaching package of revisions to the Judicial Code since the Judicial Improvements Act of 1990."[2] The …
Rebel Without A Clause: The Irrelevance Of Article Vi To Constitutional Supremacy, Gary Lawson
Rebel Without A Clause: The Irrelevance Of Article Vi To Constitutional Supremacy, Gary Lawson
Michigan Law Review First Impressions
With Stare Decisis and Constitutional Text, Jonathan Mitchell has produced what I think is the most interesting and creative textual defense (or at least partial defense) to date of the use of horizontal precedent in federal constitutional cases. Mitchell's careful analysis of the Supremacy Clause is fascinating and instructive, and he does an impeccable job of drawing out the implications of his premise that the Supremacy Clause prescribes only a very limited choice-of-law rule-a rule that does not, by its own terms, specifically elevate the Constitution above federal statutes and treaties. His innovative and intriguing framework yields four distinct conclusions …
J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson
J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson
Michigan Law Review First Impressions
This Term, the Supreme Court was presented with a prime opportunity to provide some much-needed clarification on a "backdrop" issue of law-one of many topics that arises in a variety of legal contexts, but is rarely analyzed on its own terms. In J.D.B. v. North Carolina, the Court considered whether age was a relevant factor in determining if a suspect is "in custody" for Miranda purposes, and thus must have her rights read to her before being questioned by the police. Miranda, like dozens of other areas of law, employs a reasonable person test on the custodial question: it asks …
Toward A System Of Invention Registration: The Leahy-Smith America Invents Act, Jason Rantanen, Lee Petherbridge
Toward A System Of Invention Registration: The Leahy-Smith America Invents Act, Jason Rantanen, Lee Petherbridge
Michigan Law Review First Impressions
The recently enacted Leahy-Smith America Invents Act (“AIA”) represents the most significant legislative event affecting patent law and practice in more than half a century. In addressing the AIA, scholars and policymakers have focused with an almost laser-like exclusivity on the AIA’s imposition of a first-to-file-or-first-to-publicly-disclose system, which replaces an over 200-year-old first-to-invent tradition. This myopia, we suggest, overlooks a part of the AIA that could hold a substantially greater potential to jeopardize American innovation, job creation, and economic competitiveness: the imposition of a mechanism for supplemental examination.
Why Governance Might Work In Mutual Funds, Michael C. Schouten
Why Governance Might Work In Mutual Funds, Michael C. Schouten
Michigan Law Review First Impressions
The Supreme Court's recent decision in Jones v. Harris Associates L.P. has highlighted the potential for agency conflicts in mutual funds, whose advisors have the de facto power to award themselves high fees. While the surrounding debate has focused on the extent to which market competition replaces the need for fee litigation, there appears to be a growing consensus that fund governance, through the use of voice, is unlikely to be effective. The use of voice is commonly said to be hampered by collective action problems. More recently, scholars have argued that it is further weakened by the easy availability …
Unclaimed Financial Assets And The Promotion Of Microfinance, Andrew W. Hartlage
Unclaimed Financial Assets And The Promotion Of Microfinance, Andrew W. Hartlage
Michigan Law Review First Impressions
State governments can effectively promote domestic entrepreneurship in low-income communities and simultaneously fulfill their duties as conservator s of unclaimed property, by lending unclai med financial assets-in-trust at preferential interest rates to in-state microfinance providers. This plan presents an alternative to charitable contributions, though it does not resolve the tension between for-profit and not-for-profit microfinance providers. Such a scheme could be a significant funding source for many microfinance operations in the United States today. Even a small portion of the yearly intake of unclaimed assets would be substantial enough to support fully most microfinance loan portfolios. Also, reinvestment of unclaimed …
Beating The Bluebook Blues: A Response To Judge Posner, Stephen M. Darrow, Jonathan J. Darrow
Beating The Bluebook Blues: A Response To Judge Posner, Stephen M. Darrow, Jonathan J. Darrow
Michigan Law Review First Impressions
Judge Richard A. Posner's recent critique (The Bluebook Blues) of the maddening hypertrophy of The Bluebook is surely a refreshing voice of sanity for the multitudes of law students and legal professionals who have had occasion to consult it. Even at Harvard Law School, the home of its founding institutional sponsor, The Bluebook's labyrinthine rules annually aggravate a fresh crop of otherwise remarkably stoic future lawyers. But while many of Posner's observations regarding The Bluebook are astute, we posit that both form and uniformity are important for citations, and we suggest citation-formatting software as a means of maximizing the utility …