Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (202)
- Legal Profession (61)
- Constitutional Law (27)
- Legal Education (26)
- Law and Society (25)
-
- Legal Writing and Research (23)
- Legal Ethics and Professional Responsibility (21)
- State and Local Government Law (21)
- Civil Rights and Discrimination (16)
- Litigation (16)
- Courts (15)
- Administrative Law (14)
- Insurance Law (14)
- Criminal Law (12)
- Social Welfare Law (12)
- Supreme Court of the United States (12)
- Bankruptcy Law (11)
- Contracts (11)
- Criminal Procedure (11)
- Evidence (11)
- Law and Race (11)
- Comparative and Foreign Law (9)
- Family Law (9)
- Legislation (9)
- Estates and Trusts (8)
- Law and Economics (8)
- Labor and Employment Law (7)
- Law and Gender (7)
- Torts (7)
- Transportation Law (7)
- Keyword
-
- Lawyers (25)
- Law schools (17)
- Law professors (10)
- Poverty law (9)
- Legal systems (8)
-
- Scholarship (8)
- History (7)
- United States Supreme Court (7)
- Law firms (6)
- Legal services (6)
- Michigan (6)
- University of Michigan Law School (6)
- Consumers (5)
- Law reform (5)
- Law students (5)
- Public defenders (5)
- Publications (5)
- Race and law (5)
- State courts (5)
- Trials (5)
- Access to justice (4)
- Book reviews (4)
- Clients (4)
- Curriculum (4)
- England (4)
- Ethics (4)
- Poverty (4)
- Treatises (4)
- Compensation (3)
- Constitution (3)
Articles 1 - 30 of 263
Full-Text Articles in Entire DC Network
Legal Ethics Of Ai Snake Oil: Navigating The Hype, Harm, And Hope Of Legal Ai, Drew Simshaw
Legal Ethics Of Ai Snake Oil: Navigating The Hype, Harm, And Hope Of Legal Ai, Drew Simshaw
Michigan Law Review
A review of AI Snake Oil.By Arvind Narayanan and Sayash Kapoor.
The Bluebook: An Insider’S Perspective, M. Burke Craighead
The Bluebook: An Insider’S Perspective, M. Burke Craighead
Michigan Law Review
A review of The Bluebook: A Uniform System of Citation. Edited by Columbia Law Review Association, Harvard Law Review Association, University of Pennsylvania Law Review and The Yale Law Journal.
When Lawyers Protest, Renee Knake Jefferson
When Lawyers Protest, Renee Knake Jefferson
Michigan Law Review
A review of Lawyer Nation: The Past, Present, and Future of the American Legal Profession. By Ray Brescia and a review of Canceling Lawyers: Case Studies of Accountability, Toleration, and Regret. By W. Bradley Wendel.
Disability Rights On Probation And Parole, Alexis Karteron
Disability Rights On Probation And Parole, Alexis Karteron
Michigan Law Review
This Article addresses disability discrimination in community supervision programs, a large—but frequently overlooked—component of the criminal legal system and important contributor to America’s mass incarceration crisis. The long-standing concerns of legal scholars and advocates about disability discrimination in prisons and policing, particularly against people with mental health disabilities, apply with equal measure to probation and parole. This Article examines the experiences of people with intellectual/developmental, cognitive, and mental health disabilities to understand how disability discrimination manifests in probation and parole programs and identifies numerous policies and practices that likely run afoul of two major federal disability rights laws: the Americans …
Legal Insurance And Its Limits, Nora Freeman Engstrom
Legal Insurance And Its Limits, Nora Freeman Engstrom
Michigan Law Review
Courts are buckling under the weight of a staggering access-to-justice crisis. In three-quarters of cases, at least one side lacks a lawyer, default judgments are on the rise, and most Americans with valid claims never take legal action. The situation is dire, and it understandably has policymakers casting about for a fix. On the menu are a range of uncontroversial reform ideas, such as expanding legal aid, supporting system simplification, and promoting pro bono. But it is increasingly clear that those measures—even if accomplished—would not make a dent in the problem. Attention is thus turning to other reform ideas, such …
Marriage, Courts, And Substantive Equality: A Transformative Interpretation, Kushagr Bakshi
Marriage, Courts, And Substantive Equality: A Transformative Interpretation, Kushagr Bakshi
Michigan Law Review
Courts in various jurisdictions have relied on either the right to privacy or the right to equality to offer protections to the LGBTQ+ community. The use of different rights to achieve similar ends may seem like an empty distinction. But the differences in the nature and function of each right evince the differences in the construction of rights across jurisdictions. In the traditional liberal method of conceptualizing rights, privacy is typically a negative right, restricting the state from interfering in intimate relationships between individuals. Courts operating within a transformative framework of rights interpretation, however, rely on the positive right to …
On The Genealogy Of Intimate Digital Harm, Aziz Z. Huq
On The Genealogy Of Intimate Digital Harm, Aziz Z. Huq
Michigan Law Review
A review of The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age. By Danielle Keats Citron.
The Profit Principle: Tracing The Moral Decline Of Corporate Law Firms, Sung Hui Kim
The Profit Principle: Tracing The Moral Decline Of Corporate Law Firms, Sung Hui Kim
Michigan Law Review
A review of Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice. By David Enrich.
Deinstitutionalization, Disease, And The Hcbs Crisis, Jacob Abudaram
Deinstitutionalization, Disease, And The Hcbs Crisis, Jacob Abudaram
Michigan Law Review
Primarily funded by Medicaid, home- and community-based services (HCBS) allow disabled people and seniors to receive vital health and personal services in their own homes and communities rather than in institutions like nursing homes and other congregant care facilities. The HCBS system is facing a growing crisis of care nationwide; more than 600,000 people are waitlisted for services, thousands of direct care workers are leaving the industry, and states are not committed to deinstitutionalization. The COVID-19 pandemic has highlighted and exacerbated these problems, as people in institutional settings face infection and death at far higher rates than those housed outside …
The Problematic Structure Of Indigent Defense Delivery, Eve Brensike Primus
The Problematic Structure Of Indigent Defense Delivery, Eve Brensike Primus
Michigan Law Review
The national conversation about criminal justice reform largely ignores the critical need for structural reforms in the provision of indigent defense. In most parts of the country, decisions about how to structure the provision of indigent defense are made at the local level, resulting in a fragmented patchwork of different indigent defense delivery systems. In most counties, if an indigent criminal defendant gets representation at all, it comes from assigned counsel or flat-fee contract lawyers rather than public defenders. In those assigned-counsel and flat-fee contract systems, the lawyers representing indigent defendants have financial incentives to get rid of assigned criminal …
Heeding The Voices Of Migrant Youth: The Need For Action, Randi Mandelbaum
Heeding The Voices Of Migrant Youth: The Need For Action, Randi Mandelbaum
Michigan Law Review
A Review of Unaccompanied: The Plight of Immigrant Youth at the Border. By Emily Ruehs-Navarro.
Lawyering The Indian Child Welfare Act, Matthew L.M. Fletcher, Wenona T. Singel
Lawyering The Indian Child Welfare Act, Matthew L.M. Fletcher, Wenona T. Singel
Michigan Law Review
This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court, their adversaries use those same advantages on appeal to attack the constitutional validity of the law. The primary goal of this Article is to help expose those structural issues and the ethically troublesome practices of adoption attorneys as the most important Indian Child Welfare Act (ICWA) case …
Racial Trauma In Civil Rights Representation, Angela Onwuachi-Willig, Anthony V. Alfieri
Racial Trauma In Civil Rights Representation, Angela Onwuachi-Willig, Anthony V. Alfieri
Michigan Law Review
Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of adversely impacted individuals and groups but also for greater awareness of the risks of secondary or vicarious trauma for lawyers who represent traumatized clients and communities. In this Article, we join this chorus of attorneys and academics. Harnessing the recent civil rights case of P.P. v. Compton Unified School District …
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.
Reconstructing Rural Discourse, Bailey Tulloch
Reconstructing Rural Discourse, Bailey Tulloch
Michigan Law Review
A Review of Where the Crawdads Sing. By Delia Owens.
Territorial Exceptionalism And The Americanwelfare State, Andrew Hammond
Territorial Exceptionalism And The Americanwelfare State, Andrew Hammond
Michigan Law Review
Federal law excludes millions of American citizens from crucial public benefits simply because they live in the United States territories. If the Social Security Administration determines a low-income individual has a disability, that person can move to another state and continue to receive benefits. But if that person moves to, say, Guam or the U.S. Virgin Islands, that person loses their right to federal aid. Similarly with SNAP (food stamps), federal spending rises with increased demand—whether because of a recession, a pandemic, or a climate disaster. But unlike the rest of the United States, Puerto Rico, the Northern Mariana Islands, …
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.
It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping
It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping
Michigan Law Review
“[T]he first thing I lost in law school was the reason that I came.” This prescient quote by an unnamed law student defines, in a single sentence, our growing problem in training lawyers. From the moment he or she steps foot in a law school classroom, the future lawyer feels a strong pull to pursue a career that has nothing to do with justice. The law school experience will discourage the future lawyer from pursuing a career advocating for those in society who most need a voice. Once graduated, the young lawyer will enter a world where he or she …
A Moment For Pragmatism, Jane S. Schacter
A Moment For Pragmatism, Jane S. Schacter
Michigan Law Review
One of the least controversial things to say about the U.S. Constitution is that it has proven very difficult to amend. The numbers are familiar. Only 27 amendments have been made since the Constitution was ratified, and 10 of those were adopted at the same time, only a few years after the original ratification. These numbers are all the more remarkable given that there have been over 11,500 attempts to amend the Constitution since it was first enacted. The paucity of amendments is also striking as a comparative matter. The national constitution that India approved in 1949 has been amended …
Speedy Trial As A Viable Challenge To Chronic Underfunding In Indigent-Defense Systems, Emily Rose
Speedy Trial As A Viable Challenge To Chronic Underfunding In Indigent-Defense Systems, Emily Rose
Michigan Law Review
Across the country, underresourced indigent-defense systems create delays in taking cases to trial at both the state and federal levels. Attempts to increase funding for indigent defense by bringing ineffective assistance of counsel claims have been thwarted by high procedural and substantive hurdles, and consequently these attempts have failed to bring significant change. This Note argues that, because ineffective assistance of counsel litigation is most likely a dead end for system-wide reform, indigent defenders should challenge the constitutionality of underfunding based on the Sixth Amendment guarantee of speedy trial. Existing speedy trial jurisprudence suggests that the overworking and furloughing of …
Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri
Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri
Michigan Law Review
Low-income communities of color in Miami and in cities across the nation both share aspirations of equal justice and democratic participation and suffer the burdens of legal underrepresentation and political disenfranchisement. Such burdens become crippling when, as in Miami, local legal aid offices, public interest organizations, and bar associations lack the resources to provide meaningful private access to justice or to muster significant public engagement in the political process. These burdens become especially crippling when, again as in Miami, local and state governments adopt policies that engender inner-city neglect, economic displacement, and racial exclusion. In these circumstances, volunteer lawyers from …
Letting Go Of Old Ideas, William D. Henderson
Letting Go Of Old Ideas, William D. Henderson
Michigan Law Review
Two recently published books make the claim that the legal profession has changed (Steven Harper’s The Lawyer Bubble: A Profession in Crisis) or is changing (Richard Susskind’s Tomorrow’s Lawyers: An Introduction to Your Future). The books are interesting because they discuss the types of changes that are broad, sweeping, and dramatic. In suitable lawyer fashion, both books are unfailingly analytical. They both also argue that the old order is collapsing. The Lawyer Bubble is backward looking and laments the legacy we have squandered, while Tomorrow’s Lawyers is future oriented and offers fairly specific prescriptive advice, particularly to those lawyers entering …
Statutory Interdependence In Severability Analysis, Rachel J. Ezzell
Statutory Interdependence In Severability Analysis, Rachel J. Ezzell
Michigan Law Review
According to conventional wisdom, when a court rules a statutory provision unconstitutional, it must sever that provision or strike down the entire statute. This understanding is incomplete. In practice, courts may engage in compound severance: invalidating additional, otherwise constitutional provisions of the statute without striking down the entire statute. They reason that the degree of interrelation between those provisions is so significant that severance of one compels severance of the other. As a result, a subset of the statute remains law. The power to craft such subsets raises constitutional concerns, and yet the jurisprudence concerning statutory interdependence is inconsistent and …
What Ails The Law Schools?, Paul Horwitz
What Ails The Law Schools?, Paul Horwitz
Michigan Law Review
In January 2012, law professors from across the country arrived in Washington, D.C., for the annual conference of the Association of American Law Schools ("AALS"). It was an opportune moment. The legal economy was struggling. Graduates were begging for jobs and struggling with unprecedented levels of debt. The smart talk from the experts was that the legal economy was undergoing a fundamental restructuring. For these and other reasons, law schools were under fire, from both inside and outside of the academy. Judges - including the keynote speaker at the AALS conference himself! - derided legal scholarship as useless. Law school …
The Law Of Ponzi Payouts, Spencer A. Winters
The Law Of Ponzi Payouts, Spencer A. Winters
Michigan Law Review
When a Ponzi scheme collapses, there will typically be net winners and net losers. The bankruptcy trustee will often seek to force the net winners - those who received more money back from the Ponzi scheme than they invested - to disgorge their profits. Courts diverge on whether they should compel disgorgement in this instance. This Note argues that under prevailing fraudulent transfer law, net winners in a Ponzi scheme need not disgorge their profits. This is because the investor's dollar-for-dollar discharge of a preexisting debt constitutes the transfer of value in exchange for the payout. There are two exceptions …
Facades Of Justice, Norman W. Spaulding
Facades Of Justice, Norman W. Spaulding
Michigan Law Review
Representing Justice is a book of encyclopedic proportions on the iconography of justice and the organization of space in which adjudication occurs. Professors Judith Resnik and Dennis Curtis have gathered a provocative array of images, ranging from the scales of the Babylonian god Shamash-"judge of heaven and earth"-on a 4,200-year-old seal (pp. 18- 19 & fig. 23), and a 600-year-old painting of Saint Michael weighing the souls at the Last Judgment with sword and scales in hand (p. 23 fig. 25) to the tiny Cook County Courthouse in Grand Marais, Minnesota, 110 miles north of Duluth (p. 372 fig. 226), …
Explaining The Importance Of Public Choice For Law, D. Daniel Sokol
Explaining The Importance Of Public Choice For Law, D. Daniel Sokol
Michigan Law Review
The next generation of government officials, business leaders, and members of civil society likely will draw from the current pool of law school students. These students often lack a foundation of the theoretical and analytical tools necessary to understand law's interplay with government. This highlights the importance of public choice analysis. By framing issues through a public choice lens, these students will learn the dynamics of effective decision making within various institutional settings. Filling the void of how to explain the decision-making process of institutional actors in legal settings is Public Choice Concepts and Applications in Law by Maxwell Steams …
Are Class Actions Unconstitutional?, Alexandra D. Lahav
Are Class Actions Unconstitutional?, Alexandra D. Lahav
Michigan Law Review
Are class actions unconstitutional? Many people-defendants and conservative legislators, not to mention scholars at the American Enterprise Institute-would like them to be. For opponents of the class action, Martin Redish's book Wholesale Justice provides some of the most theoretically sophisticated arguments available. The book is a major contribution both to the scholarly literature on class actions and to the larger political debate about this powerful procedural device. The arguments it presents will surely be debated in courtrooms as well as classrooms.
Against Practice, Anthony V. Alfieri
Against Practice, Anthony V. Alfieri
Michigan Law Review
This Review examines the theory/practice dichotomy in legal education through the prism of the Carnegie Foundation's Educating Lawyers: Preparation for the Profession of Law. Descriptively, it argues that the Foundation's investigation of law school curricular deficiencies in the areas of clinical-lawyer skills, professionalism, and public service overlooks the relevance of critical pedagogies in teaching students how to deal with difference-based identity and how to build cross-cultural community in diverse, multicultural practice settings differentiated by mutable and immutable characteristics such as class, gender, and race. Prescriptively, it argues that the Foundation's remedial call for the curricular integration of clinical lawyer …
Sox And Whistleblowing, Terry Morehead Dworkin
Sox And Whistleblowing, Terry Morehead Dworkin
Michigan Law Review
The language of the Sarbanes-Oxley Act ("SOX") leaves no doubt that Congress intended whistleblowing to be an integral part of its enforcement mechanisms. The Act attempts to encourage and protect whistleblowers in a variety of ways, including providing for anonymous whistleblowing, establishing criminal penalties for retaliation against whistleblowers, and clearly defining whistleblowing channels. Unfortunately, these provisions give the illusion of protection for whistleblowers without effectively providing it. There is increasing evidence that virtually no whistleblower who has suffered retaliation and pursued remedies under SOX has been successful. Additionally, social science research and studies of whistleblowing laws indicate that SOX is …