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Senior Day 2022, University Of Michigan Law School
Senior Day 2022, University Of Michigan Law School
Commencement and Honors Materials
Program for the May 6, 2022 University of Michigan Law School Senior Day.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 120, Issue 7 of Michigan Law Review
Prison And Jail Civil Rights/Conditions Cases: Longitudinal Statistics, 1970-2021, Margo Schlanger
Prison And Jail Civil Rights/Conditions Cases: Longitudinal Statistics, 1970-2021, Margo Schlanger
Law & Economics Working Papers
These tables relating to prison and jail civil rights litigation in federal court update prior-published versions, using data available as of April 6, 2022.
The Tables show longitudinal statistics about case filings, features, and outcomes, for jail/prison civil rights and conditions cases and for the entire federal civil docket, grouped by case category.
List of tables:
Table A: Incarcerated Population and Prison/Jail Civil Rights Filings, FY1970–FY2021
Table B: Pro Se Litigation in U.S. District Courts by Case Type, Cases Terminated Fiscal Years 1996–2021
Table C: Outcomes in Prisoner Civil Rights Cases in Federal District Court, Fiscal Years 1988–2021
Table D: …
Happily Ever After, Phoebe C. Ellsworth
Happily Ever After, Phoebe C. Ellsworth
Book Chapters
I have been lucky in my upbringing and education, and especially in having advisors who let me do what I wanted to even when they didn’t think it was a good idea. This allowed me to have a deeply rewarding career devoted to two entirely different topics – basic theory and research on emotion, and applied theory and research in psychology and law. My career spanned the period from when women were considered unsuitable for scientific or academic work through the rise of feminism, so although I faced obstacles, the culture was changing quickly enough that my unusual choices soon …
Title Ix And The Alleged Victimization Of Men: Applying Twombly To Federal Title Ix Lawsuits Brought By Men Accused Of Sexual Assault, Zoë Seaman-Grant
Title Ix And The Alleged Victimization Of Men: Applying Twombly To Federal Title Ix Lawsuits Brought By Men Accused Of Sexual Assault, Zoë Seaman-Grant
Michigan Journal of Gender & Law
This Note provides a survey of the current state of Title IX law as applied to anti-male bias lawsuits and suggests how courts should apply Twombly’s plausibility standard to anti-male bias claims going forward. Part I of this Note provides an overview of sexual violence on college campuses and the history of Title IX regulations and jurisprudence. Part II offers a brief history of Title IX anti-male bias lawsuits, examines the structure of anti-male bias lawsuits, and analyzes the various pleading standards applied by courts. Part III lays out the types of facts pled by Title IX anti-male bias …
Advancing Reproductive Justice In Latin America Through A Transitional Justice Lens, Rosario Grimà Algora
Advancing Reproductive Justice In Latin America Through A Transitional Justice Lens, Rosario Grimà Algora
Michigan Journal of Gender & Law
Reproductive autonomy is a pivotal part of women’s access to equal citizenship, yet it has not been included in any international nor regional human rights treaty. In the past decades, the U.N. Committees, notably the CEDAW Committee, and regional human rights bodies, particularly the Inter-American System for the Protection of Human Rights, have timidly advanced reproductive justice through their jurisprudence, including through the use of reparations. Drawing from the standards of reparations developed in the field of transitional justice, human rights bodies increasingly rely on reparations to enhance the transformative effects of their decisions. These reparations intend to include a …
Trek To Triumph, Briaunna Buckner
Trek To Triumph, Briaunna Buckner
Michigan Journal of Gender & Law
I was screaming in the stairwell of my home, holding a dead baby. The air was so thick that I could barely breathe. Tears were racing down my face as her twin sister, Zola, was screeching at the top of her lungs. “WHY LORD, don't take my baby!” Every emotion, every word, and every second after that moment felt black. All the sweet memories from just eight days of being able to hold her, kiss her, and love her fell in a black pit along with the dreams I had for my life. As I looked down at my sweet …
Reproduction And Gender Self-Determination: Fertile Grounds For Trans Legal Advocacy, Samira Seraji
Reproduction And Gender Self-Determination: Fertile Grounds For Trans Legal Advocacy, Samira Seraji
Michigan Journal of Gender & Law
Current medical constructions of trans identities reflect heterosexist understandings of gender expression—understandings that deny access to gender-affirming healthcare to those who fail to perform normative binary genders. As medical providers establish norms for how to “properly” be trans, the state codifies these norms, basing trans existence on rigidly defined and harshly enforced understandings of binary gender. When this construction of transness is codified on an institutional level, such as with gender reclassification rules for government identification, it forces trans people to conform their bodies to cisgender norms, and dangerously disrupts trans people’s bodily autonomy and diminishes their control over their …
Examining The Bar Exam: An Empirical Analysis Of Racial Bias In The Uniform Bar Examination, Scott Devito, Kelsey Hample, Erin Lain
Examining The Bar Exam: An Empirical Analysis Of Racial Bias In The Uniform Bar Examination, Scott Devito, Kelsey Hample, Erin Lain
University of Michigan Journal of Law Reform
The legal profession is among the least diverse in the United States. Given continuing issues of systemic racism, the central position that the justice system occupies in society, and the vital role that lawyers play in that system, it is incumbent upon legal professionals to identify and remedy the causes of this lack of diversity. This Article seeks to understand how the bar examination—the final hurdle to entering the profession— contributes to this dearth of diversity. Using publicly available data, we analyze whether the ethnic makeup of a law school’s entering class correlates to the school’s first-time bar passage rates …
The Best Data Plan Is To Have A Game Plan: Obstacles And Solutions To Reaching International Data Privacy Agreements, James Y. Wang
The Best Data Plan Is To Have A Game Plan: Obstacles And Solutions To Reaching International Data Privacy Agreements, James Y. Wang
Michigan Technology Law Review
The modern digital world relies on the instantaneous transfer of data. This digital highway is essential for the growth of the modern digital economy and contributes to the rise of globalization. In order to facilitate these data transfers, ground rules must first be put into place. To date, there are few, if any, binding international data privacy agreements. This is in part due to practical considerations, such as high administrability costs, inadequate enforcement agencies, and complex jurisdictional procedures. More fundamentally, however, this is due to competing incentive structures, as countries are incentivized to protect their own digital sovereignty by limiting …
The Ping-Pong Olympics Of Antisuit Injunction In Frand Litigation, King Fung Tsang, Jyh-An Lee
The Ping-Pong Olympics Of Antisuit Injunction In Frand Litigation, King Fung Tsang, Jyh-An Lee
Michigan Technology Law Review
In the past two years, antisuit injunctions (ASIs) and subsequent legal proceedings associated with standard-essential patents (SEPs) subject to fair, reasonable, and nondiscriminatory (FRAND) commitments have proliferated in multiple jurisdictions. This phenomenon reveals not only the transnational nature of technical standards and FRAND-encumbered SEPs but also the jurisdictional tension between different national courts. This Article explains the emergence of ASIs in FRAND scenarios and recent developments in six jurisdictions with major interests in standard development and adoption. Countries have developed different approaches to ASIs based on their own domestic rules and interests. We believe that to promote technical compatibility and …
Unreasonable: A Strict Liability Solution To The Ftc’S Data Security Problem, James C. Cooper, Bruce H. Kobayashi
Unreasonable: A Strict Liability Solution To The Ftc’S Data Security Problem, James C. Cooper, Bruce H. Kobayashi
Michigan Technology Law Review
For over two decades, the FTC creatively employed its capacious statute to police against shoddy data practices. Although the FTC’s actions were arguably needed at the time to fill a gap in enforcement, there are reasons to believe that its current approach has outlived its usefulness and is in serious need of updating. In particular, our analysis shows that the FTC’s current approach to data security is unlikely to instill anything close to optimal incentives for data holders. These shortcomings cannot be fixed through changes to the FTC enforcement approach, as they are largely generated by a mismatch between the …
Mental Health Mobile Apps And The Need To Update Federal Regulations To Protect Users, Kewa Jiang
Mental Health Mobile Apps And The Need To Update Federal Regulations To Protect Users, Kewa Jiang
Michigan Technology Law Review
With greater societal emphasis on the need for better mental health services coupled with COVID-19 limits, mental health mobile applications have significantly risen in variety, availability, and accessibility. As more consumers use mental health mobile applications, more data is generated and collected by mobile application companies. However, consumers may have the false assumption that the data collected is protected under HIPAA or have an expectation of privacy protection higher than current regulations afford. This Note examines HIPAA, Health Breach Notification Rule, and section 5 of the Federal Trade Commission Act, as well as how these regulations fall short of protecting …
Corporations As Private Regulators, Wentong Zheng
Corporations As Private Regulators, Wentong Zheng
University of Michigan Journal of Law Reform
The growing trend of corporations imposing restrictions on suppliers, contractors, and customers beyond the requirements of existing laws requires rethinking the nature and impact of corporations’ private regulatory power. This trend, which this Article refers to as “Corporations as Private Regulators” (CPR), represents a paradigmatic shift in how corporations participate in the making of public policies. This Article conceptualizes the corporate CPR power as the exercise of a right of refusal to deal with counterparties. This right of refusal could be theorized as a new form of property right, whose allocation has important implications for both rights and wealth. The …
Another Katz Moment?: Privacy, Property, And A Dna Database, Claire Mena
Another Katz Moment?: Privacy, Property, And A Dna Database, Claire Mena
University of Michigan Journal of Law Reform
The Fourth Amendment protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The understanding of these words seems to shift as new technologies emerge. As law enforcement’s arsenal of surveillance techniques has grown to include GPS tracking, cell phones, and cell site location information (CSLI), the Supreme Court has applied Fourth Amendment protections to these modern tools. Law enforcement continues to use one pervasive surveillance technique without limitations: the routine collection of DNA. In 2013, the Supreme Court in Maryland v. King held that law enforcement may routinely …
Second Chances: Why Michigan Should Categorically Prohibit The Sentence Of Juvenile Life Without Parole, Richard Zhao
Second Chances: Why Michigan Should Categorically Prohibit The Sentence Of Juvenile Life Without Parole, Richard Zhao
University of Michigan Journal of Law Reform
The United States is the only country in the world that sentences children to die in prison. This practice, known as juvenile life without parole (JLWOP), is condemned by the United Nations Convention on the Rights of the Child. Yet twenty-five states still permit the sentence, and Michigan houses one of the nation’s largest JLWOP populations. Despite the U.S. Supreme Court’s ban on some forms of JLWOP, more must be done to further limit the use of this sentence. The current JLWOP sentencing scheme is untenable, imposes a significant financial burden on taxpayers, and perpetuates racial inequality. This Note explores …
The Never-Ending Struggle For Reproductive Rights, Stephanie Toti
The Never-Ending Struggle For Reproductive Rights, Stephanie Toti
Michigan Law Review
For me, the annual Book Review issue is a time for reflection. It provides an opportunity to take stock of scholarly trends, reassess conventional wisdom, and gather new insights to apply to the practice of law. The reviews contained in this year’s issue address a wide range of subjects, including the history of public defenders, the use of bigotry rhetoric in conflicts over marriage and civil rights law, the role of cost-benefit analysis in federal policymaking, and racial inequities in tax policy. This impressive commentary on an astute and varied collection of books about the law will inspire many of …
How Racism Persists In Its Power, Deborah N. Archer
How Racism Persists In Its Power, Deborah N. Archer
Michigan Law Review
A Review of The Fire Next Time. By James Baldwin.
The Color Of Justice, Alexis Hoag
The Color Of Justice, Alexis Hoag
Michigan Law Review
A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux.
Free-Ing Criminal Justice, Bennett Capers
Free-Ing Criminal Justice, Bennett Capers
Michigan Law Review
A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux
Bigotry, Civil Rights, And Lgbtq Child Welfare, Jordan Blair Woods
Bigotry, Civil Rights, And Lgbtq Child Welfare, Jordan Blair Woods
Michigan Law Review
A Review of Who’s the Bigot? Learning from Conflicts over Marriage and Civil Rights Law. By Linda C. McClain.
Rejecting Citizenship, Rose Cuison-Villazor
Rejecting Citizenship, Rose Cuison-Villazor
Michigan Law Review
A Review of Pursuing Citizenship in the Enforcement Era. By Ming Hsu Chen.
Community Lawyering In Resistance To Neoliberalism, Jeena Shah
Community Lawyering In Resistance To Neoliberalism, Jeena Shah
Michigan Law Review
A Review of An Equal Place: Lawyers in the Struggle for Los Angeles. By Scott L. Cummings.
Shining A Bright Light On The Color Of Wealth, A. Mechele Dickerson
Shining A Bright Light On The Color Of Wealth, A. Mechele Dickerson
Michigan Law Review
A Review of The Whiteness of Wealth: How the Tax System Impoverishes Black Americans—and How We Can Fix It . By Dorothy A. Brown.
“Hey Stephen”, Leah M. Litman
“Hey Stephen”, Leah M. Litman
Michigan Law Review
A Review of The Authority of the Court and the Peril of Politics. By Stephen Breyer.
The Truth About Property, Jessica A. Shoemaker
The Truth About Property, Jessica A. Shoemaker
Michigan Law Review
A Review of Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky.
Whither Rationality?, Shi-Ling Hsu
Whither Rationality?, Shi-Ling Hsu
Michigan Law Review
A Review of Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. By Michael A. Livermore and Richard L. Revesz.
Beating A Dead Corpse, Josh Chafetz
Beating A Dead Corpse, Josh Chafetz
Michigan Law Review
A Review of Sovereignty, RIP. By Don Herzog.
Responding To Abolition Anxieties: A Roadmap For Legal Analysis, Jamelia Morgan
Responding To Abolition Anxieties: A Roadmap For Legal Analysis, Jamelia Morgan
Michigan Law Review
A Review of We Do This ’Til We Free Us. By Mariame Kaba.
Ability Apartheid And Paid Leave, Ryan H. Nelson, Michael Ashley Stein
Ability Apartheid And Paid Leave, Ryan H. Nelson, Michael Ashley Stein
Michigan Law Review
A Review of Ableism at Work: Disablement and Hierarchies of Impairment. By Paul David Harpur.