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Articles 121 - 150 of 10691
Full-Text Articles in Law
Reviving Negotiated Rulemaking For An Accessible Internet, Julie Moroney
Reviving Negotiated Rulemaking For An Accessible Internet, Julie Moroney
Michigan Law Review
Web accessibility requires designing and developing websites so that people with disabilities can use them without barriers. While the internet has become central to daily life, websites have overwhelmingly remained inaccessible to the millions of users who have disabilities. Congress enacted the Americans with Disabilities Act (ADA) to combat discrimination against people with disabilities. Passed in 1990, it lacks any specific mention of the internet Courts are split as to whether the ADA applies to websites, and if so, what actions businesses must take to comply with the law. Further complicating matters, the Department of Justice (DOJ) initiated the rulemaking …
Pregnancy And The Carceral State, Khiara M. Bridges
Pregnancy And The Carceral State, Khiara M. Bridges
Michigan Law Review
A Review of Policing the Womb: Invisible Women and the Criminalization of Motherhood. by Michele Goodwin.
A Perfectly Empty Gift, Christina D. Ponsa-Kraus
A Perfectly Empty Gift, Christina D. Ponsa-Kraus
Michigan Law Review
A Review of Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire. by Sam Erman.
Can Prosecutors End Mass Incarceration?, Rachel E. Barkow
Can Prosecutors End Mass Incarceration?, Rachel E. Barkow
Michigan Law Review
A Review of Charged: The New Movement to Transform American Prosecution and End Mass Incarceration. by Emily Bazelon.
A Different Type Of Property: White Women And The Human Property They Kept, Michele Goodwin
A Different Type Of Property: White Women And The Human Property They Kept, Michele Goodwin
Michigan Law Review
A Review of Incidents in the Life of a Slave Girl. by Harriet A. Jacobs, and They Were Her Property: White Women as Slave Owners in the American South. by Stephanie E. Jones-Rogers.
The Limits Of Deliberation About The Public's Values, Mark Seidenfeld
The Limits Of Deliberation About The Public's Values, Mark Seidenfeld
Michigan Law Review
A Review of The Public's Law: Origins and Architecture of Progressive Democracy by Blake Emerson.
The Market Cannot Be Your Mother, Meghan Boone
The Market Cannot Be Your Mother, Meghan Boone
Michigan Law Review
A Review of The Free-Market Family: How the Market Crushed the American Dream (and How It Can Be Restored). by Maxine Eichner.
The "Innocence" Of Bias, Osamudia James
The "Innocence" Of Bias, Osamudia James
Michigan Law Review
A Review of Biased: Uncovering the Hidden Prejudices that Shapes What We See, Think, and Do. by Jennifer L. Eberhardt.
The Geopolitics Of American Policing, Andrew Lanham
The Geopolitics Of American Policing, Andrew Lanham
Michigan Law Review
A Review of Badges Without Borders: How Global Counterinsurgency Transformed American Policing. by Stuart Schrader.
Racial Revisionism, Shaun Ossei-Owusu
Racial Revisionism, Shaun Ossei-Owusu
Michigan Law Review
A Review of The Enigma of Clarence Thomas. by Corey Robin.
Will Legal Education Change Post-2020?, Heather K. Gerken
Will Legal Education Change Post-2020?, Heather K. Gerken
Michigan Law Review
The famed book review issue of the Michigan Law Review feels like a reminder of better days. As this issue goes to print, a shocking 554,103 people have died of COVID-19 in the United States alone, the country seems to have begun a long-overdue national reckoning on race, climate change and economic inequality continue to ravage the country, and our Capitol was stormed by insurrectionists with the encouragement of the president of the United States. In the usual year, a scholar would happily pick up this volume and delight in its contents. This year, one marvels at the scholars who …
Pride And Predators, Heidi S. Bond
Pride And Predators, Heidi S. Bond
Michigan Law Review
A Review of Pride and Prejudice. by Jane Austen
The Rule Of Five Guys, Lisa Heinzerling
The Rule Of Five Guys, Lisa Heinzerling
Michigan Law Review
A Review of The Rule of Five: Making Climate History at the Supreme Court. by Richard J. Lazarus.
Two Visions Of Contract, Hanoch Dagan
Two Visions Of Contract, Hanoch Dagan
Michigan Law Review
A Review of Justice in Transactions: A Theory of Contract Law. by Peter Benson.
Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani
Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani
Michigan Law Review
A Review of Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era. by Nate Holdren.
Tort Law And Civil Recourse, Mark A. Geistfeld
Tort Law And Civil Recourse, Mark A. Geistfeld
Michigan Law Review
A Review of Recognizing Wrongs. by John C.P. Goldberg and Benjamin C. Zipursky.
Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein
Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein
Michigan Law Review
A Review of Until We Reckon: Violence, Mass Incarceration, and a Road to Repair. by Danielle Sered.
Natural Language Processing For Lawyers And Judges, Frank Fagan
Natural Language Processing For Lawyers And Judges, Frank Fagan
Michigan Law Review
A Review of Law as Data: Computation, Text, & the Future of Legal Analysis. Edited by Michael A. Livermore and Daniel N. Rockmore.
The Lost Promise Of Disability Rights, Claire Raj
The Lost Promise Of Disability Rights, Claire Raj
Michigan Law Review
Children with disabilities are among the most vulnerable students in public schools. They are the most likely to be bullied, harassed, restrained, or segregated. For these and other reasons, they also have the poorest academic outcomes. Overcoming these challenges requires full use of the laws enacted to protect these students’ affirmative right to equal access and an environment free from discrimination. Yet, courts routinely deny their access to two such laws—the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act of 1973 (section 504).
Courts too often overlook the affirmative obligations contained in these two disability rights …
The Liar’S Mark: Character And Forfeiture In Federal Rule Of Evidence 609(A)(2), Jesse Schupack
The Liar’S Mark: Character And Forfeiture In Federal Rule Of Evidence 609(A)(2), Jesse Schupack
Michigan Law Review
Rule 609(a)(2) of the Federal Rules of Evidence is an outlier. The Rule mandates admission of impeaching evidence of a witness’s past convictions for crimes of dishonesty. It is the only place in the Rules where judges are denied their usual discretion to exclude evidence on the grounds that its admission would be more prejudicial than probative. This Note analyzes three assumptions underlying this unusual Rule: (1) that there is a coherently definable category of crimes of dishonesty, (2) that convictions for crimes of dishonesty are uniquely probative of a person’s character, and (3) that an assessment of moral character …
The Democracy Principle In State Constitutions, Jessica Bulman-Pozen, Miriam Seifter
The Democracy Principle In State Constitutions, Jessica Bulman-Pozen, Miriam Seifter
Michigan Law Review
In recent years, antidemocratic behavior has rippled across the nation. Lame-duck state legislatures have stripped popularly elected governors of their powers; extreme partisan gerrymanders have warped representative institutions; state officials have nullified popularly adopted initiatives. The federal Constitution offers few resources to address these problems, and ballot-box solutions cannot work when antidemocratic actions undermine elections themselves. Commentators increasingly decry the rule of the many by the few.
This Article argues that a vital response has been neglected. State constitutions embody a deep commitment to democracy. Unlike the federal Constitution, they were drafted—and have been repeatedly rewritten and amended— to empower …
Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, Loren M. Lee
Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, Loren M. Lee
Michigan Law Review
Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for its application in law school admissions. Almost two decades have passed, so where do we stand? This Note’s quantitative analysis of the matriculation of and degrees awarded to Black and Latinx students at twenty-nine accredited law schools across the United States illuminates a stark lack of …
Structural Labor Rights, Hiba Hafiz
Structural Labor Rights, Hiba Hafiz
Michigan Law Review
American labor law was designed to ensure equal bargaining power between workers and employers. But workers’ collective power against increasingly dominant employers has disintegrated. With union density at an abysmal 6.2 percent in the private sector—a level unequaled since the Great Depression— the vast majority of workers depend only on individual negotiations with employers to lift stagnant wages and ensure upward economic mobility. But decentralized, individual bargaining is not enough. Economists and legal scholars increasingly agree that, absent regulation to protect workers’ collective rights, labor markets naturally strengthen employers’ bargaining power over workers. Existing labor and antitrust law have failed …
Rethinking The Reasonable Response: Safeguarding The Promise Of Kingsley For Conditions Of Confinement, Hanna Rutkowski
Rethinking The Reasonable Response: Safeguarding The Promise Of Kingsley For Conditions Of Confinement, Hanna Rutkowski
Michigan Law Review
Nearly five million individuals are admitted to America’s jails each year, and at any given time, two-thirds of those held in jail have not been convicted of a crime. Under current Supreme Court doctrine, these pretrial detainees are functionally protected by the same standard as convicted prisoners, despite the fact that they are formally protected by different constitutional amendments. A 2015 decision, Kingsley v. Hendrickson, declared that a different standard would apply to pretrial detainees and convicted prisoners in the context of use of force: consistent with the Constitution’s mandate that they not be punished at all, pretrial detainees …
Anti-Modalities, David E. Pozen, Adam M. Samaha
Anti-Modalities, David E. Pozen, Adam M. Samaha
Michigan Law Review
Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters—the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the “anti-modalities” of …
The Doctrine Of Clarifications, Pat Mcdonell
The Doctrine Of Clarifications, Pat Mcdonell
Michigan Law Review
Clarifications are a longstanding but little-studied concept in statutory interpretation. Most courts have found that clarifying amendments to preexisting statutes bypass retroactivity limitations. Therein lies their power. Because clarifications simply restate the law, they do not implicate the presumption against retroactivity that Landgraf v. USI Film Products embedded in civil-statute interpretation. The problem that courts have yet to address is how exactly clarifying legislation can be distinguished from legislation that substantively changes the law. What exactly is a clarification? The courts’ answers implicate many of the entrenched debates in statutory interpretation. This Note offers three primary contributions. First, it summarizes …
Restoring The Power Of The Convening Authority To Adjust Sentences, Jacob R. Weaver
Restoring The Power Of The Convening Authority To Adjust Sentences, Jacob R. Weaver
Michigan Law Review
In 2013, Congress abrogated the power of certain military officers to reduce court-martial sentences, thereby eliminating a military defendant’s best hope for efficient and effective relief from common legal errors in the military justice system. While the overhaul of the Uniform Code of Military Justice (UCMJ) in 2016 promised significant reform, it ultimately failed to substantially reduce common legal errors. This Note analyzes how the 2013 and 2016 reforms have combined to prevent military defendants from receiving timely and adequate relief. In light of this analysis, this Note suggests an amendment to the UCMJ that would restore to certain officers …
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Michigan Law Review
This Article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence class certification under Rule 23 of the Federal Rules of Civil Procedure. We find that the ideological composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having dramatically higher rates of procertification outcomes than all-Republican panels—nearly triple in about the past twenty years. We also find that the presence of one African American on a panel, and the presence of …
Arbitration Waiver And Prejudice, Timothy Leake
Arbitration Waiver And Prejudice, Timothy Leake
Michigan Law Review
Arbitration agreements are common in commercial and consumer contracts. But two parties can litigate an arbitrable dispute in court if neither party seeks arbitration. That presents a problem if one party changes its mind and invokes its arbitration rights months or years after the lawsuit was filed and substantial litigation activity has taken place. Federal and state courts agree that a party can waive its arbitration rights by engaging in sufficient litigation activity without seeking arbitration, but they take different approaches to deciding how much litigation is too much. Two basic methods exist. Some courts say waiver requires the party …
Possible Reliance: Protecting Legally Innocent Johnson Claimants, Keagan Potts
Possible Reliance: Protecting Legally Innocent Johnson Claimants, Keagan Potts
Michigan Law Review
The writ of habeas corpus presents the last chance for innocent defendants to obtain relief from invalid convictions and sentences. The writ constitutes a limited exception to the finality of judgments. Given the role finality plays in conserving judicial resources and deterring criminal conduct, exceptions created by habeas must be principally circumscribed. Since the Supreme Court’s invalidation of the Armed Career Criminal Act’s residual clause in Johnson v. United States, the federal courts of appeals have attempted to develop a test that protects the writ from abuse by Johnson claimants.
This Note first contributes a new understanding of the …