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Michigan State University College of Law

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Articles 1 - 30 of 1733

Full-Text Articles in Law

Neither ‘Twixt Nor ‘Tween: Emerging Property Interests In Bankruptcy, Lawrence Ponoroff Jan 2019

Neither ‘Twixt Nor ‘Tween: Emerging Property Interests In Bankruptcy, Lawrence Ponoroff

Faculty Publications

No abstract provided.


Does Copyright Help Or Harm Cultural Diversity In The Digital Age?, Sean A. Pager Jan 2019

Does Copyright Help Or Harm Cultural Diversity In The Digital Age?, Sean A. Pager

Faculty Publications

No abstract provided.


Precedent And Disagreement, Glen Staszewski Jan 2018

Precedent And Disagreement, Glen Staszewski

Faculty Publications

This essay reviews Randy Kozel’s new book, Settled Versus Right: A Theory of Precedent. It contends that far from presenting a fundamentally neutral approach that should reasonably be acceptable to everyone, Kozel’s second-best theory of precedent is deeply normative and inherently controversial, and most Justices would have compelling grounds for rejecting his proposed doctrinal reforms. The review proceeds to set forth the outlines of an alternative conception of precedent that is grounded in deliberative democratic theory. This theory accepts interpretive pluralism as a desirable feature of the American constitutional order. It also recognizes that the fundamental purposes of ...


Strategies Of Public Udap Enforcement, Prentiss Cox, Amy Wiedman, Mark Totten Jan 2018

Strategies Of Public Udap Enforcement, Prentiss Cox, Amy Wiedman, Mark Totten

Faculty Publications

No abstract provided.


Education Reform And Detroit’S Right To Literacy Litigation, Kristine L. Bowman Jan 2018

Education Reform And Detroit’S Right To Literacy Litigation, Kristine L. Bowman

Faculty Publications

No abstract provided.


Precedent And Disagreement, Glen Staszewski Jan 2018

Precedent And Disagreement, Glen Staszewski

Faculty Publications

No abstract provided.


Cryptolaw For Distributed Ledger Technologies: A Jurisprudential Framework, Carla L. Reyes Jan 2018

Cryptolaw For Distributed Ledger Technologies: A Jurisprudential Framework, Carla L. Reyes

Faculty Publications

No abstract provided.


Civil Rules Interpretive Theory, Lumen N. Mulligan, Glen Staszewski Jan 2017

Civil Rules Interpretive Theory, Lumen N. Mulligan, Glen Staszewski

Faculty Publications

No abstract provided.


The Perfect Crime? Fifa And The Absence Of Accountability In Switzerland, Bruce Bean Jan 2017

The Perfect Crime? Fifa And The Absence Of Accountability In Switzerland, Bruce Bean

Faculty Publications

No abstract provided.


Examining Jurors: Applying Conversation Analysis To Voir Dire In Capital Cases, Catherine M. Grosso, Barbara O'Brien, Abijah P. Taylor Jan 2017

Examining Jurors: Applying Conversation Analysis To Voir Dire In Capital Cases, Catherine M. Grosso, Barbara O'Brien, Abijah P. Taylor

Faculty Publications

No abstract provided.


Animal Consortium, David S. Favre, Thomas Dickinson Jan 2017

Animal Consortium, David S. Favre, Thomas Dickinson

Faculty Publications

No abstract provided.


Legislative Exhaustion, Michael D. Sant'ambrogio Jan 2017

Legislative Exhaustion, Michael D. Sant'ambrogio

Faculty Publications

No abstract provided.


Grounding Criminal Procedure, Catherine M. Grosso, Barbara O'Brien Jan 2017

Grounding Criminal Procedure, Catherine M. Grosso, Barbara O'Brien

Faculty Publications

No abstract provided.


Shame Agent, Joan W. Howarth Jan 2017

Shame Agent, Joan W. Howarth

Faculty Publications

No abstract provided.


Rethinking Chapter 13, Lawrence Ponoroff Jan 2017

Rethinking Chapter 13, Lawrence Ponoroff

Faculty Publications

No abstract provided.


The Role Of Copyright In Creative Industry Development, Sean A. Pager Jan 2017

The Role Of Copyright In Creative Industry Development, Sean A. Pager

Faculty Publications

No abstract provided.


Obergefell And Democracy, Glen Staszewski Jan 2017

Obergefell And Democracy, Glen Staszewski

Faculty Publications

No abstract provided.


National Study Of Individual Chapter 11 Bankruptcies, Richard M. Hynes, Anne Lawton, Margaret Howard Jan 2017

National Study Of Individual Chapter 11 Bankruptcies, Richard M. Hynes, Anne Lawton, Margaret Howard

Faculty Publications

No abstract provided.


Inside The Agency Class Action, Michael D. Sant'ambrogio, Adam S. Zimmerman Jan 2017

Inside The Agency Class Action, Michael D. Sant'ambrogio, Adam S. Zimmerman

Faculty Publications

No abstract provided.


Kaplow And Shavell And The Priority Of Income Taxation And Transfer, David H. Blankfein-Tabachnick, Kevin A. Kordana Jan 2017

Kaplow And Shavell And The Priority Of Income Taxation And Transfer, David H. Blankfein-Tabachnick, Kevin A. Kordana

Faculty Publications

No abstract provided.


Food And Fertile Ground: Improving Chinese Food Safety Through Environmental Regulation, Brent Domann Jan 2017

Food And Fertile Ground: Improving Chinese Food Safety Through Environmental Regulation, Brent Domann

Faculty Publications

No abstract provided.


Of Death And Deadlocks: Section 4 Of The Twentieth Amendment, Brian C. Kalt Jan 2017

Of Death And Deadlocks: Section 4 Of The Twentieth Amendment, Brian C. Kalt

Faculty Publications

No abstract provided.


Parental Parity: Intentional Parenthood's Promise, Melanie B. Jacobs Jan 2016

Parental Parity: Intentional Parenthood's Promise, Melanie B. Jacobs

Faculty Publications

Parental Parity begins a critical dialogue regarding the reformation of legal parentage. Scholars have been advocating for more than a decade that courts and legislatures eschew traditional status based parentage (e.g., birth and biology) in the context of parentage establishment when assisted reproductive technologies (“ARTs”) are used. Parental Parity sets forth a much bolder agenda: to use intentional parenthood as the default framework to establish all legal parent-child relationships at birth. Intentional parenthood is a superior parentage establishment doctrine because it appropriately captures who should and should not be a parent. It avoids the over and under inclusive problems ...


An Interim Essay On Fifa's World Cup Of Corruption: The Desperate Need For International Corporate Governance Standards At Fifa, Bruce Bean Jan 2016

An Interim Essay On Fifa's World Cup Of Corruption: The Desperate Need For International Corporate Governance Standards At Fifa, Bruce Bean

Faculty Publications

No abstract provided.


Musings On Bapcpa And The Individual Chapter 11 Debtor, Anne Lawton Jan 2016

Musings On Bapcpa And The Individual Chapter 11 Debtor, Anne Lawton

Faculty Publications

No abstract provided.


What We Know And Need To Know About Legal Startups, Daniel W. Linna Jr. Jan 2016

What We Know And Need To Know About Legal Startups, Daniel W. Linna Jr.

Faculty Publications

No abstract provided.


Whither Recharacterization, Lawrence Ponoroff Jan 2016

Whither Recharacterization, Lawrence Ponoroff

Faculty Publications

No abstract provided.


Traditional Knowledge Rights And Wrongs, Sean A. Pager Jan 2016

Traditional Knowledge Rights And Wrongs, Sean A. Pager

Faculty Publications

No abstract provided.


Unconstitutional But Entrenched: Putting Uocava And Voting Rights For Permanent Expatriates On A Sound Constitutional Footing, Brian C. Kalt Jan 2016

Unconstitutional But Entrenched: Putting Uocava And Voting Rights For Permanent Expatriates On A Sound Constitutional Footing, Brian C. Kalt

Faculty Publications

No abstract provided.


Institutional Competence And Civil Rules Interpretation, Lumen N. Mulligan, Glen Staszewski Jan 2016

Institutional Competence And Civil Rules Interpretation, Lumen N. Mulligan, Glen Staszewski

Faculty Publications

This essay responds to Pragmatism Rules by Professor Elizabeth Porter, which argues that the Supreme Court is justified in eschewing, at least at times, traditional tools of statutory construction when it interprets the Federal Rules of Civil Procedure. Porter devotes substantial attention in her piece to our prior work on the Supreme Court’s methods for implementing the Federal Rules. This response essay highlights some of the strengths of Porter’s article and identifies substantial areas of agreement. It also parts company with her analysis insofar as she contends that the Supreme Court is justified in supplanting the Rules drafters ...