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Front Matter, Michigan Business & Entrepreneurial Law Review

Michigan Business & Entrepreneurial Law Review

Front Matter for Volume 13, Issue 1 of Michigan Business & Entrepreneurial Law Review

Stakeholder Fairness And Corporate Social Impact: The Behavioral Economic Structure Of Corporate Law, Eli Bukspan

Michigan Business & Entrepreneurial Law Review

This study aims to bridge the gap between stakeholder capitalism—manifesting today in the evolving corporate social impact paradigm—and the historical shareholder primacy of corporate law. The emerging view of corporate purpose, particularly stakeholder capitalism, is closely related to the notion of fairness. This article demonstrates—by looking mainly at Israeli corporate law—that certain foundational concepts of behavioral economics better describe and justify the recent prominence of stakeholderism and the rejuvenated discourse of corporate social impact and purpose than does neoclassical economic theory. It concludes that the “fairness principle” provides a strong rationale for assimilating stakeholder expectations into the DNA of modern …

Developing A Professional Identity: Lessons For Women, Bipoc, And First-Generation Law Students From The Canaries In The Coalmines, Christine M. Venter

Michigan Journal of Gender & Law

This Article explores the concept of professional identity formation in the law, particularly as it pertains to women and lawyers of color. The topic of professional identity formation is an understudied area in legal education, despite the ABA’s new Standard 303(b)(3), which requires law schools to provide substantial opportunities for the development of professional identity. In the legal field, professional identity is often conflated with professionalism, which leads to confusion about how law schools should best prepare their students for their professional lives, and fails to fully equip students to join the profession.

Studies from other professions have shown that …

Originalism's Selection Problem, Darrell A.H. Miller

William & Mary Bill of Rights Journal

This Essay examines the problem of selection with any originalist theory and what it means for constitutional adjudication. Part I surveys the major branches of originalism, explains how each share a commitment to the pursuit of objective, knowable, falsifiable fact, and then use that fact as a fixed point to constrain discretion. Part II discusses how each of these theories are vulnerable to methodological challenges familiar to all empirical projects. Part III explores the implications of these methodological challenges for originalism in particular and for constitutional doctrine and theory more generally.

This abstract has been taken from the author's introduction.

A Disability-Inclusive Theory Of “Ordinary” Care: Redistributing Accommodative Labor In Torts, Rachel Caldwell

University of Chicago Law Review

Everyone generally owes each other a duty of ordinary care—but what is “ordinary”? How does one act reasonably to meet this burden? The answer depends on a plaintiff’s disability status. This Comment analyzes the current reasonable per- son standard for disabled plaintiffs and the corresponding duty of “ordinary care” provided by defendants through a critical disability studies lens. The current system burdens disabled plaintiffs with accommodating themselves, rather than requiring defendants to include accessible care in meeting their general duty of ordinary care. To redistribute this inequitable distribution of accommodative labor, this Comment proposes three stackable policies: (1) courts should …

Discrimination In Contractual Performance: Theory, Evidence, And Preliminary Policy Prescriptions, Meirav Furth-Matzkin

Washington Law Review

This Article examines the often-overlooked practice of “selective performance” of standard form consumer contracts—where sellers permit employees to exercise discretion by waiving or modifying contractual terms to maintain customer satisfaction. While such flexibility can benefit consumers, it raises serious concerns about discrimination. Through both theoretical analysis and empirical evidence, this Article demonstrates that discretionary performance can disproportionately favor certain consumer groups, particularly along racial and gender lines, leading to biased and inequitable outcomes. Drawing on examples from diverse sectors, including retail, insurance, and mortgage services, the Article highlights how marginalized communities, especially Black consumers, frequently face harsher treatment and greater …

Limitation For Liberty: A Commentary On Federalism And The Tenth Amendment, Riley Banker

Senior Honors Theses

The concept of Federalism is essential to the very survival of the United States. However, recent decisions by the Supreme Court have illustrated attempts by the federal government to expand its authority and undermine the balance of power created by Federalism. This thesis will explore the concept of Federalism to demonstrate how it can best be protected. First, this thesis will address the origins of Federalism. Second, it will show how the principles of Federalism are manifested within the founding documents of the United States. Finally, this thesis will analyze current events including Supreme Court cases to demonstrate a concerning …

Metagenomic Sequencing For Early Detection Of Future Engineered Pandemics: Foreshadowing The Privacy Challenge, Nir Eyal, Bridget Williams, Kevin M. Esvelt, Jane R. Bambauer

UF Law Faculty Publications

In this commentary, we imagine how a global system of metagenomic sequencing could be governed in order to reap the benefits and manage the risks. Global institutional engineers and their academic partners would need to develop a new governance model to ensure that all partners involved in a global metagenomic surveillance system cooperate as needed.

Navigating Neither, Susan S. Kuo

University of the Pacific Law Review

No abstract provided.

Algorithms, Images, And Authorship: Creating Copyright Criteria In The Age Of Ai-Assisted Imagery, Whitney Ellis

University of the Pacific Law Review

No abstract provided.

All Bark, No Bite: How The Lone Star "Junk-Science Writ" Could Reinvigorate Federal Habeas Review, Robert Harry Saylor Iii

Hofstra Law Review

No abstract provided.

It Takes A Village: Why And How Georgia Should Afford Greater Protection To Juveniles During Police Interrogations, Lillie Tate Andrews

Mercer Law Review

On June 27, 1998, Lori Duniver discovered that her five-year-old daughter, Devan, was missing from her home in New Philadelphia, Ohio. The following day, Devan’s body was found in a wooded area near her home. The Duniver family’s twelve-year-old neighbor, Anthony Harris, was ultimately convicted of Devan’s murder and sentenced to a term of incarceration to last until his twenty-first birthday. However, on June 7, 2000, the Court of Appeals of Ohio reversed his conviction on the ground that the juvenile court had improperly denied a motion to suppress his confession, which was coerced in violation of his Fifth Amendment …

Viewing The Unseen: Requesting Accommodation For Non-Visible Disabilities Under The Ada After Kelly V. Town Of Abingdon, Jason Naulty

North Carolina Law Review

No abstract provided.

Interrogating Miranda’S Custody Requirement, Lauren E. Clatch

North Carolina Law Review

No abstract provided.

Case Brief: Carolina Youth Action Project V. Wilson, Megan Mills Rash

North Carolina Law Review

No abstract provided.

De Novo Déjà Vu: The Inequitable Consequences Of The Remand Process Under New Jersey Municipal Land Use Law, Timothy R. Jinks

University of Dayton Law Review

No abstract provided.

Next Steps In Online Courts: Accelerating Access To Justice Through Court Technology, J.J. Prescott

Articles

For more than a decade, state courts have been expanding access to justice by adopting online dispute resolution (ODR) platforms and other outward-facing communication technologies. At a deep level, these reforms aim at improving society by bolstering the rule of law. At a surface level, these innovations recognize that the justice system works better when courts and law are easier and less costly to understand and use. In important respects, these efforts have been a success. The accessibility of many state courts is considerably more robust today than it was ten years ago, at least for small-stakes cases, like traffic …

Survey Of Capital Cases In Georgia, Jessica L. Heywood

Mercer Law Review

This Article examines five cases decided during the Survey period: two decisions by the Supreme Court of Georgia and three decisions by federal courts involving Georgia defendants. The Georgia Supreme Court cases are a direct appeal and a habeas appeal. All three federal cases are habeas petitions by Georgia state prisoners. We included federal cases because they involve significant points of law and illustrate the United States Court of Appeals for the Eleventh Circuit’s continued lax oversight of habeas claims, decades after the passage of the Antiterrorism and Effective Death Penalty Act (AEDPA) by Congress. The small number of cases …

Shaping Preferences With Pigouvian Taxes, Gary M. Lucas Jr.

Faculty Scholarship

A Pigouvian tax is a tax that is imposed to correct an externality, which arises when a person engages in behavior that harms others without their consent. Pigouvian taxes are popular among academics—with prominent economists and legal scholars arguing for their imposition on myriad goods and activities that harm third parties, like carbon emissions and alcohol. Policymakers have recently been receptive to at least some of these arguments as evidenced by taxes imposed on or proposed for a variety of externality-generating goods, including guns, plastic bags, and sugary drinks.

The conventional economic rationale for Pigouvian taxes assumes that they affect …

The Postnational Aspirations Of European Law, Paul Linden-Retek

Buffalo Law Review

This Essay begins from a particular quarrel over the interpretation of the German Federal Constitutional Court’s PSPP judgment of May 2020 to open onto questions of how to conceive political freedom beyond the nation-state, about the structure of postnational constitutionalism and its purposes, and, finally, about the role of courts within that structure and in light of those aspirations. In arguments defending the Court, an influential strand of constitutional theory, in this Essay represented by the intervention of Ulrich Haltern, continues to channel assumptions that constrain thinking about Europe as a postnational legal order. Assuming that political freedom is essentially …

Protecting Your Digital Life: Congress Needs To Take Lessons From Hipaa’S Playbook To Amend The Proposed Federal Privacy Law, Taeyoon Kong Kim

University of the Pacific Law Review

No abstract provided.

The Adolescent Mental Health Crisis: A Case Study In Family Court Planning, Andrew Schepard

Hofstra Law Review

The article focuses on addressing the adolescent mental health crisis within the framework of family court planning, particularly in the context of parental separation and divorce. It emphasizes the need for comprehensive planning processes within family courts to integrate Family Dispute Resolution (FDR) as a central strategy for tackling this crisis effectively. It seeks to enhance mental health services for adolescents involved in family court proceedings.

Debunking Criminal Restitution, Lula A. Hagos

Michigan Law Review

Criminal restitution—the money paid by a defendant to a victim—is often overlooked amidst growing scholarly consensus about the adverse impact of criminal court fines and fees. Restitution receives less attention because it is perceived as a fair and unobjectionable sanction with legitimate goals, while fines and fees are now widely condemned as primarily serving as a funding source for local and state governments. Consequently, the animated and extensive discourse around financial punishment largely excludes criminal restitution.

Though criminal restitution may appear to have legitimate penological purposes, it serves to perpetually punish defendants who are poor—the vast majority of those in …

Reshaping Intellectual Property Scholarship From Within, Peter K. Yu

Faculty Scholarship

Written for the Symposium collecting papers from the Race + IP 23 Conference, this article explores intellectual property scholarship that has been either overlooked or marginalized. Because scholars of color are often outsiders looking in, the article identifies opportunities to reshape intellectual property scholarship from within. Even though the focus of this article was chosen with readers of this Symposium in mind, its insights will be relevant to all scholars.

This article begins by calling on scholars to develop a deeper appreciation of the intrinsic motivations of authors and inventors. It then discusses the oft-overlooked inequalities of creativity and innovation …

Criminal Law And Procedure, Tanner M. Russo, Hallie Hovery-Murray, Alli M. Mentch

University of Richmond Law Review

This Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant published appellate decisions and legislation.

The Case For Specialty Dockets: The Intersection Of Judicial Intervention, Psychiatric Hospitalization And Involuntary Commitments, Community-Based Services, And Public Safety, The Honorable Jacqueline S. Mcclenney

University of Richmond Law Review

Defendant Doe was diagnosed with a significant mental illness in 2015. His adult diagnosis of paranoid schizophrenia came after having been an adjudicated delinquent following multiple status offenses as a juvenile. Defendant Doe was placed into foster care as a result of his biological father’s incarceration and his mother’s unwillingness to seek treatment for her substance use disorder. Mother, father, and now adult Defendant Doe were all eligible for services and attempted to receive them through the local community services board (“CSB”).

Defendant Doe received psychiatric and supportive services through the CSB. Defendant Doe again entered the criminal justice system …

Distorted Narratives In The Treatment Program Complex, Evelyn Lia Malavé

Fordham Law Review

Problem-solving courts and alternatives to incarceration have been both celebrated as successful attempts to address the factors that lead to defendants’ involvement in the criminal legal system and critiqued as ineffective reforms that worsen mass incarceration. Specifically, critiques of the “treatment program complex” have tended to focus on how it harms defendants by exposing them to higher levels of incarceration if they fail to complete court mandates. But these critiques have failed to account for another way the treatment program complex harms defendants: by suppressing their voices regarding what kind of help they need and how they are affected by …

Aid Or Abuse? A Review Of U.S. Police Assistance Programs In Latin America During The Early Cold War, Brianna Mcnally

War, Diplomacy, and Society (MA) Theses

During the Cold War, the United States used police assistance programs in under-developed countries to stop the spread of communism. Police aid aimed to improve a country’s economic stability and internal security to curb the rise of communist revolutions. The U.S. government charged the Office of Public Safety (OPS) within the U.S. Agency for International Development (USAID) with managing police assistance programs around the world, including in Asia, Africa, and Latin America.

Despite its seemingly good intentions, the OPS became a short-lived program now known today for its ties to human rights abuses, especially throughout Latin America. Several Latin American …

Roger Williams University 2024 President's Report: A Message From President Miaoulis, Roger Williams University

Life of the Law School (1993- )

No abstract provided.

Follow The Bloody Brick Road: Bleeding Kansas And The Emancipation Proclamation, Margaret Hu

William & Mary Bill of Rights Journal

To help illuminate Balkin’s project of Memory and Authority, this brief Essay considers a slice of American memory from Kansas’ historical archives and other primary sources, and examines its unique role in the Civil War. Specifically, it excavates the influence of Kansas’ leaders as advisors to President Abraham Lincoln. Prior to and during the Civil War, Lincoln relied upon the guidance of senior leaders from Kansas on matters ranging from guarding the White House, war strategies, the recruitment of former enslaved persons to the war effort, and the issuance of the Emancipation Proclamation as a part of an effective …