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100th Henry M. Campbell Moot Court Competition: Final Round, University Of Michigan Law School

Event Materials

Nearly a century has passed since Henry Munroe Campbell’s law partners met with the dean of the University of Michigan Law School to establish a memorial for their friend and colleague. As a result, the Law School’s nascent “case club competition” was named in Mr. Campbell’s honor, a fitting way to combine his love for Michigan Law, oral advocacy, and the training of young lawyers.

I do not know what Mr. Campbell’s law partners envisioned when they met with the dean. They couldn’t have envisioned this beautiful room we are in today for the Final Round—Hutchins Hall didn’t even exist …

Law In Society: Defending Hart, Alma Diamond

Fellow, Adjunct, Lecturer, and Research Scholar Works

I revisit the debate between Joseph Raz and H. L. A. Hart concerning the nature of legal content and reasoning. Raz contended that legal reasoning should be analyzed as a form of moral reasoning. In contrast, Hart emphasized the distinction between legal and moral content, proposing that legal reasoning is a form of what I will call social-institutional reasoning. I characterize social-institutional reasoning in terms of the agent-relative, domain-specific, universal, and content-insensitive justifications it draws upon. I evaluate Raz’s moralized analysis and argue that it obscures the distinctive contribution that law’s social and institutional grounds play in our understanding of …

Empirical Essays On Mobility-Restricting Covenants, Lorenzo G. Luisetto

SJD Dissertations

This thesis, which consists of four essays, uses empirical methods to study questions on the use of mobility-restricting covenants in business and employment contracts.

The first chapter investigates the spillover effects of the so-called “No-Poach Initiative,” an enforcement action launched by the Antitrust Division of the State of Washington Attorney General’s Office in January 2018 that led 237 franchisors to agree to stop using no-poaching clauses—i.e., provisions in franchise contracts that prohibit franchisees from hiring each other’s employees—nationwide. I document that approximately one third of the franchisors not targeted by the No-Poach Initiative removed the no-poaching clause from their franchise …

Generative Artificial Intelligence: Legal Ethics Issues, Kincaid Brown

Law Librarian Scholarship

Generative artificial intelligence (GenAI) is transforming nearly every sector of society including the practice of law. Legal professionals are increasingly using AI tools for research, drafting, contract review, and even predicting judicial outcomes with as many as one third of respondents to a survey using GenAI daily. But with this rapid adoption come questions that go beyond efficiency and instead point to the core of legal ethics including issues such as competence, confidentiality, and professional judgment.

Genre Audiences, Lcgft And User Warrant: An Exploratory Study, Deborah Tomaras, Allison Bailund, Joshua Bergmann, Abby Dover, Steven W. Holloway, C. Rockwell Strader

Law Librarian Scholarship

The Library of Congress Genre/Form Terms (LCGFT) vocabulary is among the most prominent genre vocabularies used in library cataloging. To investigate how the current application of LCGFT affects users’ genre access, we gathered data from library patrons, library staff, and parties involved in genre creation and use. The results demonstrate that patrons actively seek out genre materials in libraries, often via library catalogs, and that LCGFT has room for growth and expansion that might enhance patrons’ search experience.

The Syntax Of Sports Class 7: Information Flow, Patrick Barry

Books

What can sports fans who start “the wave” at a big stadium teach us about getting people to speak up in class or at an important meeting? What can the poet Maya Angelou and the boxer Joe Louis teach us about streamlining sentences and paragraphs? And how exactly do we get our ideas to flow in powerfully persuasive ways? Explore these and other questions in the seventh volume of The Syntax of Sports, a series based on the innovative and highly interdisciplinary courses Professor Patrick Barry teaches at the University of Michigan.

Front Matter, University Of Michigan Law School

University of Michigan Journal of Law Reform

Front Matter for Volume 58, Issue 2 of Michigan Journal of Law Reform

Taming The Kangaroos, Matt Garcia

University of Michigan Journal of Law Reform

Low-level state courts frequently disregard federal law. And though the judgments of these courts have profound legal consequence for millions of Americans, they receive little oversight. Rather than bastions of justice, low-level state courts are too often sites of lawlessness, earning them the shameful label “kangaroo courts.” This article proposes a path forward by which advocates can curb that lawlessness and enforce critically important federal protections.

As part of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, a broad legislative effort to protect the national economy and public health infrastructure, Congress altered mandatory procedures in eviction suits. Evictions …

Front Matter, Michigan Business & Entrepreneurial Law Review

Michigan Business & Entrepreneurial Law Review

Front Matter for Volume 14 of Michigan Business & Entrepreneurial Law Review

The Insurance Solution For Financial Advice Failures, Adam J. Gana, Benjamin P. Edwards

Michigan Business & Entrepreneurial Law Review

Solving the retirement savings crisis requires widespread access to reliable financial advice. Yet financial advisers often operate without insurance, collecting fees and commissions from customers and leaving them penniless when substandard advice causes harm. Instituting insurance coverage requirements would protect investors and allow market forces to discipline misconduct. For decades, advocates and regulators have raised awareness about the millions of unpaid arbitration awards each year; an insurance solution would significantly reduce the harm suffered.

This paper aims to create a roadmap to solve the problem. It identifies the problem and maps out the different levers available to policymakers to increase …

Competitive Effects Of T-Mobile/Sprint: Analysis Of A "4-To-3" Merger, Thomas W. Hazlett, Robert W. Crandall

Michigan Business & Entrepreneurial Law Review

Mergers in the mobile telecommunications industry are of keen interest to policymakers and scholars. This sector often experiences high concentration levels, driven by pronounced economies of scale and scope, alongside substantial regulatory barriers to entry created by radio spectrum allocations. Hence, antitrust authorities frequently struggle with the tradeoff between the benefits of enhanced synergies and the potentially adverse effects of increased market power. This tension results in varied outcomes from regulatory agencies when approving (or blocking) mergers. Between 2012 and 2016, for instance, four E.U. nations (Austria, Ireland, Germany, and Italy) allowed the consummation of “4-to-3” mobile telecommunications transactions, while …

Solving The Proxy Advisory Problem: Minimum Regulation For Maximum Competition, Dominic P. Keilty

Michigan Business & Entrepreneurial Law Review

The proxy advisory industry is often criticized on two primary accounts: the lack of accountability for informational accuracy in the development of voting standards and the conflicts of interest faced by advisors when they make proxy voting recommendations on issuers to which they have previously provided corporate governance consulting services. The industry has also been accused of having “anemic” levels of competition, since only two advisors command a vast majority of the market share. While much has been written about curtailing the prevalence and effects of proxy advisor conflicts of interest through increased regulation, the regulatory route toward increased informational …

Celebrating The Fiske Fellowship Program: 2001-2025, University Of Michigan Law School

Event Materials

This program contains statements of impact from the 2001-2025 recipients of Fiske Fellowships.

Some information was shared in 2022 and may not reflect current roles and/or responsibilities of Fiske Fellows.

Crossing The Rubicon: Assembling A Litigation Colossus In Mass Torts, Samir D. Parikh

Michigan Law Review Online

In 2021, Arizona created the alternative business structure (ABS), which allows nonattorneys to own a firm that provides legal services and actively participate in firm management. Scholars have argued that this new paradigm will erode the attorney-client relationship. This represents a legitimate concern. Conflict- ing fiduciary duties can complicate key moments in case resolution. But the impact of Arizona’s shift is more seismic. The true threat does not involve nonattorneys owning a law firm but, rather, private equity firms vertically in- tegrating the entire mass-tort machinery. The endgame is a litigation colossus that rolls up law firms, marketers, claim aggregators, …

What’S Left Of The New Deal State?, Sandeep Singh Dhaliwal

Michigan Law Review Online

A vast body of scholarship situates itself in the New Deal era. Another extensive collection explores the history of criminal justice in the United States. To date, however, there has been little effort to bring these conversations together. New Deal Law and Order, written by legal historian Anthony Gregory, fills this conspicuous gap. Gregory remarkably narrates the New Deal era through the lens of President Franklin Roosevelt’s “war on crime” (p. 1), challenging how we think about both the New Deal’s legacy and the foundations of the modern security state.

The Birth Of The Franchised Dealer Model, Daniel A. Crane

Book Chapters

Chapter 1 traces the history of the franchise dealer model of car distribution, from the early wild west days of the internal combustion automobile to the political confrontations between Detroit’s Big Three and the “mom and pop” car dealers during the mid-twentieth century. The chapter examines the thinking of legendary management figures such as Henry Ford and Alfred P. Sloan, explains the dealer protection rationale behind state franchise dealer laws, and shows how the legacy car companies largely acquiesced in those laws until Tesla’s entry onto the scene.

Commonsense Consent And Action Representation: What Is “Essential” To Consent?, Roseanna Sommers

Book Chapters

Recent empirical work demonstrates that some instances of material deception are perceived by ordinary people as consent-defeating, whereas other instances are not. One hypothesized account of these divergent lay intuitions draws on the notion of “essence”: roughly speaking, lies that pertain to the “core” or “nature” of a consented-to act are perceived as precluding consent, whereas lies that pertain to features that are “nonessential” or “collateral” to the act are perceived as compatible with consent. To assess this hypothesized account, an independent measure of “essence”—one that does not rely with problematic circularity on notions of consent—is needed. This chapter draws …

Blood Quantum And The Auto-Colonization Of The Michigan Anishinaabek, Matthew L.M. Fletcher

Book Chapters

Anishinaabe storyteller Basil Johnston described the chronological path of life in four stages, what he called the four hills of life. The first stage, linked to the East, is infancy and early childhood, a time of preparation and listening. The second stage, linked to the South, is youth, a time of doing things. The third stage, linked to the West, is adulthood, a time of vision. The fourth stage, linked to the North, is Old Age, a time of the fulfillment of the vision and a time of sacred learning and teaching.

The twelve Michigan Anishinaabek tribal nations are in …

John P. Davis And The Joint Committee, Pamela A. Izvănariu

Michigan Journal of Race and Law

This Article uses archival research and social movement theory to recover a critical but untold story about how John P. Davis innovated novel modes of organizational mobilization and multidimensional advocacy to build power and movement at the intersection of race and the economy in the Jim Crow and New Deal era. It examines Davis’s mobilization of the Joint Committee on National Recovery (JCNR), recovers the mobilization and advocacy models Davis engineered, and tells of the fight Davis and the JCNR waged to achieve racial and economic justice and effect a new— and truly emancipatory—New Deal.

Institutionalized Ostracism, Danieli Evans

Michigan Journal of Race and Law

Belonging is a fundamental need, like food or water. Hundreds of social psychology studies find that people who are ostracized (excluded, rejected, or ignored) experience severe pain and suffering. Ostracism threatens basic needs, triggers the same neurocognitive processing system as physical pain, and impairs functioning. Furthermore, ostracized people may cope in ways that beget “deviant” labeling and further ostracism.

Belonging and ostracism are prevalent themes in social psychology research, but these constructs have received relatively little attention in law. This Article begins to explore the implications of this research for law. I make three contributions: First, I name and describe …

Front Matter, University Of Michigan Law School

Michigan Journal of Race and Law

Front Matter for Volume 29, Issue 2 of Michigan Journal of Race & Law

Police Gatekeeping, Emily M. Poor

Michigan Journal of Race and Law

The role of policing in American society is more pervasive (and less visible) than many acknowledge. Police do not just patrol, arrest, and keep peace – they also gatekeep. Many and varied ostensibly non-criminal processes rely on police fact-finding to adjudicate claims, establish eligibility for resources, and take adverse action against individuals. This Article examines the phenomenon of police gatekeeping, both as a practical barrier to resources and remedies and as a hegemonic mechanism to construct the social conception of truth.

Recognizing the ways in which civil society relies upon police as gatekeepers of both practical resources and the social …

La Ignorancia Es Atrevida: Hernandez V. New York And The Mistaken Exclusion Of Bilingual Jurors, Finley B. Davis

Michigan Journal of Race and Law

No abstract provided.

Tribal Legal Licensing Of Attorneys, House Counsel Status, And The Opportunity To Redefine The Jd Preferred Position And The Entire Lawyer Ecosystem, Nicholas J. Stamates

Michigan Journal of Race and Law

The recognized right of Indian Tribes to license has been a known reality dating back to the Supreme Court’s ruling in Worcester v. Georgia, 31 U.S. 515 (1832) where state law was found inapplicable on the lands of the Cherokee. However, the modern implications of tribal licensing and regulation have only just begun to be explored in the context of the modern American regulatory system. In fact, the ability of Indian Tribes to license attorneys to practice law within their court systems has largely gone unexamined outside of a few exceptions such as the Tribal Law and Order Act …

An Ecofeminist Approach To Climate Risks, Angela Hefti

Michigan Journal of International Law

Climate change poses significant risks to the human right to life. However, international adjudicators have either neglected to examine right to life claims in the context of climate risks or dismissed them as prospective and speculative. International human rights bodies have long applied the standard of imminence to determine whether a threat to the right to life exists and the extent to which it constitutes a violation. In climate change cases, this standard has hardened, requiring a tight temporal connection between climate risks and a violation of the right to life. This article argues that failing to recognize the impact …

Transparency, Accountability, And Influence In The International Investment Law System, Jarrod Wong, Jason Yackee

Michigan Journal of International Law

This article offers the first interdisciplinary critique of transparency in international investment law (“IIL”) that draws on transparency-skeptical and accountability scholarship in political science and public administration. Not only has the expansive IIL literature overlooked these disciplines, but much of it fails to define the core concept of transparency. Building on contributions from the fields of administrative law, international relations, and system theory in classic political science, we provide a novel functionalist account of transparency that traces a line from transparency to accountability to influence in the IIL system.

We make three arguments. First, transparency involves access to data that …

Automating International Human Rights Adjudication, Veronika Fikfak, Laurence R. Helfer

Michigan Journal of International Law

International human rights courts and treaty bodies are increasingly turning to automated decision-making (“ADM”) technologies to expedite and enhance their review of individual complaints. These tribunals have yet to consider many of the legal, normative, and practical issues raised by the use of different types of automation technologies for these purposes. This article offers a comprehensive and balanced assessment of the benefits and challenges of introducing ADM into international human rights adjudication. We argue in favor of using ADM to digitize documents and for internal case management purposes and to make straightforward recommendations regarding registration, inadmissibility, and the calculation of …

Smartphones On Wheels In Southeast Asia: A Crossroads For Data Governance, Attamongkol Tantratian, Gunn Jiravuttipong

Journal of Law and Mobility

While the transformation of automobiles into data-generating “smartphones on wheels” has revolutionized mobility, it has also raised critical concerns over data privacy and sovereignty. Equipped with sensors and connected technologies, smart vehicles collect vast amounts of data, including personal information, driving patterns, and biometric identifiers. While auto-exporting jurisdictions such as the United States, the European Union, and China have introduced regulatory measures to address these challenges, countries importing smart vehicles remain vulnerable due to their limited influence over the auto companies’ integrated technology and data policies.

This Article examines the regulatory and economic challenges faced by developing nations integrating foreign-designed …

Neighborliness Vs. Car Culture: Traffic Violence, Pedestrian Deaths In Philadelphia, And Vision Zero's Concept Of Equity, Regina Austin

Journal of Law and Mobility

Vision Zero (VZ) is a transportation policy adopted by major cities like Philadelphia that aims to reduce or eliminate traffic violence, primarily through improvements in the transportation infrastructure. VZ prioritizes engineering (over enforcement), community engagement, and perhaps most importantly, equity. In the battle for superiority among users of land-based travel modes in America, automobile drivers have benefited from arterial highways that speed traffic flows around and through urban enclaves to reach center city business districts and from a car culture that encourages dominant behavior behind the wheel. Pedestrians have been among the losers.

In Philadelphia, as elsewhere, pedestrians who are …

Jerking The Rug Out From Under A Trade Secret Licensee: Is Transfer Of The Patent A Remedy?, Henry H. Perritt Jr.

Michigan Technology Law Review

Predominantly state trade secret law and exclusively federal patent law enjoy a sometimes-uneasy coexistence. Inventions almost always are secret until and unless they are patented; publicizing them for too long will negate the availability of a patent. Misappropriation of trade secrets often is accompanied by application for a patent on the same subject matter. This commonly occurs when an employee gains access to his employer’s trade secrets, quits, and then applies for a patent on them in his own name, maybe after going to work for a competitor of the original employer. It is also conceivable that the owner of …