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Articles 1 - 25 of 25
Full-Text Articles in Law
Criminal Certification: Restoring Comity In The Categorical Approach, Joshua Rothenberg
Criminal Certification: Restoring Comity In The Categorical Approach, Joshua Rothenberg
University of Michigan Journal of Law Reform
Federal sentencing enhancements force federal courts to delve into the world of substantive state criminal law. Does a state assault statute require violent force or just offensive touching? Does a state burglary statute that criminalizes breaking into a car or a house require prosecutors to charge the location entered as an element? Whether a person with prior convictions convicted of violating 18 U.S.C. § 922(g) faces a minimum sentence of fifteen years and a maximum of life imprisonment rather than a maximum sentence of ten years turns upon the answers to these questions. Yet, state law often does not resolve …
Connect The Dots: Patents And Interdisciplinarity, Michal Shur-Ofry
Connect The Dots: Patents And Interdisciplinarity, Michal Shur-Ofry
University of Michigan Journal of Law Reform
This Article unravels a troubling paradox in the ecosystem of innovation. Interdisciplinarity is widely recognized as a source of valuable innovation and a trigger for technological breakthroughs. Yet, patent law, a principal legal tool for promoting innovation, fails to acknowledge it in an explicit, consistent manner. Moreover, although the scientific understanding of the significance of interdisciplinarity for innovation increasingly relies on big data analyses of patent databases, patent law practically ignores patent data as a source of information about interdisciplinary innovation. This Article argues that patent law should connect the dots—explicitly recognize interdisciplinarity as a positive indication when deciding whether …
Do We Need Help Using Yelp? Regulating Advertising On Mediated Reputation Systems, David Adam Friedman
Do We Need Help Using Yelp? Regulating Advertising On Mediated Reputation Systems, David Adam Friedman
University of Michigan Journal of Law Reform
Yelp, Angie’s List, Avvo, and similar entities enable consumers to access an incredibly useful trove of information about peer experiences with businesses and their goods and services. These “mediated reputation systems,” gatherers and disseminators of consumer peer opinions, are more trusted by consumers than traditional commercial channels. They are omnipresent, carried everywhere on mobile devices, and used by consumers ready to transact.
Though this information is valuable, a troubling conflict emerges in its presentation. Most of these reputation platforms rely heavily on advertising sales to support their business models. This reliance compels these entities to display persuasive advertising right along …
The Failure Of Education Federalism, Kristi L. Bowman
The Failure Of Education Federalism, Kristi L. Bowman
University of Michigan Journal of Law Reform
Since the Great Recession of 2007–09, states have devoted even less money to public education and state courts have become even more hostile to structural reform litigation that has sought to challenge education funding and quality. Yet the current model of education federalism (dual federalism) leaves these matters largely to the states. As a result, state-level legislative inaction, executive acquiescence, and judicial abdication can combine to create a situation in which the quality of traditional public schools declines sharply. This is the case in Michigan, which is an unusually important state not only because the dynamics that are emerging in …
Human Rights And Cybersecurity Due Diligence: A Comparative Study, Scott J. Shackelford
Human Rights And Cybersecurity Due Diligence: A Comparative Study, Scott J. Shackelford
University of Michigan Journal of Law Reform
No company, just like no nation, is an island in cyberspace; the actions of actors from hacktivists to nation-states have the potential to impact the bottom line, along with the human rights of consumers and the public writ large. To help meet the multifaceted challenges replete in a rapidly globalizing world—and owing to the relative lack of binding international law to regulate both cybersecurity and the impact of business on human rights—companies are reconceptualizing what constitutes “due diligence.” This Article takes lessons from both the cybersecurity and human rights due diligence contexts to determine areas for cross-pollination in an effort …
Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. Mackenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law
Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. Mackenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law
University of Michigan Journal of Law Reform
This Article takes an in-depth look at the evolution of cybersecurity information sharing legislation, leading to the recent passage of the Cybersecurity Information Sharing Act (CISA) and offers insights into how automated information sharing mechanisms and associated requirements implemented pursuant to CISA can be leveraged to help ensure liability protections when engaging in cyber threat information sharing with and amongst other non-federal government entities.
Products Liability And The Internet Of (Insecure) Things: Should Manufacturers Be Liable For Damage Caused By Hacked Devices?, Alan Butler
University of Michigan Journal of Law Reform
While the application of products liability to insecure software is a frequently-discussed concept in academic literature, many commentators have been skeptical of the viability of such claims for several reasons. First, the economic loss doctrine bars recovery for productivity loss, business disruption, and other common damages caused by software defects. Second, the application of design defects principles to software is difficult given the complexity of the devices and recent tort reform trends that have limited liability. Third, the intervening cause of damage from insecure software is typically a criminal or tortious act by a third party, so principles of causation …
It Takes A Village: Designating "Tiny House" Villages As Transitional Housing Campgrounds, Ciara Turner
It Takes A Village: Designating "Tiny House" Villages As Transitional Housing Campgrounds, Ciara Turner
University of Michigan Journal of Law Reform
A relatively new proposal to reduce homelessness in the United States involves extraordinarily small dwellings. While the “tiny house” movement is intuitively appealing and has found sporadic success, strict housing codes, building codes, and zoning laws often destroy the movement before it can get off the ground. One possibility for getting around these zoning and building code challenges, without drastic overhauls to health and safety codes, is to create a new state-level zoning classification of “transitional campgrounds.” A new zoning classification would alleviate the issue because campgrounds are consistently subject to less strict building codes, which could permit tiny houses …
Reforming State Laws On How Businesses Can Ban Guns: "No Guns" Signs, Property Rights, And The First Amendment, Christine M. Quinn
Reforming State Laws On How Businesses Can Ban Guns: "No Guns" Signs, Property Rights, And The First Amendment, Christine M. Quinn
University of Michigan Journal of Law Reform
Every state has different regulations regarding how businesses can ban guns. Some states mandate that specific signs be posted in specific places while other states say nothing on the issue. This Note first establishes that even under Heller and McDonald, private business owners have a right to control their private property, which includes a right to prohibit their customers from carrying firearms into their buildings. It then introduces some states’ requirements for “No Guns” signs and examines their weaknesses, particularly from a First Amendment, compelled speech perspective. The Note concludes that some current state regulations are ineffective, unclear, and outright …
The Limits Of Performance-Based Regulation, Cary Coglianese
The Limits Of Performance-Based Regulation, Cary Coglianese
University of Michigan Journal of Law Reform
Performance-based regulation is widely heralded as a superior approach to regulation. Rather than specifying the actions regulated entities must take, performance-based regulation instead requires the attainment of outcomes and gives flexibility in how to meet them. Despite nearly universal acclaim for performance-based regulation, the reasons supporting its use remain largely theoretical and conjectural. Owing in part to a lack of a clear conceptual taxonomy, researchers have yet to produce much empirical research documenting the strengths and weaknesses of performance-based regulation. In this Article, I provide a much-needed conceptual framework for understanding and assessing performance-based regulation. After defining performance-based regulation and …
Short Fall Arguments In Court: A Probabilistic Analysis, Maria Cuellar
Short Fall Arguments In Court: A Probabilistic Analysis, Maria Cuellar
University of Michigan Journal of Law Reform
A discussion about how statistical arguments are used in court, specifically in cases of Abusive Head Trauma in which the defendant has claimed that an accidental short fall, and not shaking or child abuse, has caused the child’s injuries.
Bias, Subjectivity, And Wrongful Conviction, Katherine Judson
Bias, Subjectivity, And Wrongful Conviction, Katherine Judson
University of Michigan Journal of Law Reform
A talk about bias, subjectivity and wrongful convictions.
Show Me The Money: Determining A Celebrity’S Fair Market Value In A Right Of Publicity Action, Cody Reaves
Show Me The Money: Determining A Celebrity’S Fair Market Value In A Right Of Publicity Action, Cody Reaves
University of Michigan Journal of Law Reform
As the power of celebrity continues to grow in the age of social media, so too does the price of using a celebrity’s name and likeness to promote a product. With the newfound ease of using Twitter, Facebook, and even print media to use a celebrity’s identity in conjunction with a product or company, right of publicity concerns arise. When a company uses a celebrity’s name and likeness without the celebrity’s authorization to market or sell a product, companies open themselves up to right of publicity suits. Many of these cases settle out of court. But when these cases do …
Child Abuse--Nonaccidental Injury (Nai) And Abusive Head Trauma (Aht)--Medical Imaging: Issues And Controversies In The Era Of Evidence-Based Medicine, Patrick Barnes
University of Michigan Journal of Law Reform
A look at nonaccidental injury and abusive head trauma in children with a focus on Shaken Baby Syndrome.
Police Interrogations, False Confessions, And Alleged Child Abuse Cases, Richard Leo
Police Interrogations, False Confessions, And Alleged Child Abuse Cases, Richard Leo
University of Michigan Journal of Law Reform
A discussion on false confession cases in the United States.
Evidence Of Child Abuse: Inferring The Causes Of Effects, Stephen E. Fienberg
Evidence Of Child Abuse: Inferring The Causes Of Effects, Stephen E. Fienberg
University of Michigan Journal of Law Reform
A statistician's take on evidence of child abuse.
Reforming Sec Alj Proceedings, Joanna Howard
Reforming Sec Alj Proceedings, Joanna Howard
University of Michigan Journal of Law Reform
This Note considers the current constitutional challenges to SEC administrative proceedings and suggests process reforms to enhance fairness for respondents. Challenges have developed since the Dodd-Frank Act expanded the SEC’s ability to use administrative proceedings. Arguments that there is a pre-existing flaw in the method of appointing administrative law judges provide the most potential for success. The Tenth Circuit’s December 2016 decision against the SEC in Bandimere has created a split, diverging from the D.C. Circuit’s analysis of that question in Lucia. Resolution by the Supreme Court may be inevitable. Even if the challengers do ultimately succeed, this will …
The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, Perry Grossman
The Case For State Attorney General Enforcement Of The Voting Rights Act Against Local Governments, Perry Grossman
University of Michigan Journal of Law Reform
The summer of 2016 showed that racial discrimination in voting is alive and well, as federal courts across the country struck down state statutes that disproportionately disenfranchise minority voters, including voter ID laws, restrictions on early voting, and racially gerrymandered legislative districts. However, at the local level, discriminatory practices in the nation’s approximately 89,000 political subdivisions have gone largely uninvestigated and challenged. Recent conflicts between communities of color and law enforcement have highlighted the failure of local governments in places like Ferguson, Missouri to adequately represent the interests of minority voters. These failures of representation, which occur in progressive states …
Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Introduction, Anna Kirkland, David Moran, Angela K. Perone
Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Introduction, Anna Kirkland, David Moran, Angela K. Perone
University of Michigan Journal of Law Reform
Introduction to the University of Michigan Journal of Law Reform Symposium, Child Abuse Evidence: New Perspectives from Law, Medicine, Psychology & Statistics.
Making Democracy Harder To Hack, Scott Shackelford, Bruce Schneier, Michael Sulmeyer, Anne Boustead, Ben Buchanan, Amanda N. Craig Deckard, Trey Herr, Jessica Malekos Smith
Making Democracy Harder To Hack, Scott Shackelford, Bruce Schneier, Michael Sulmeyer, Anne Boustead, Ben Buchanan, Amanda N. Craig Deckard, Trey Herr, Jessica Malekos Smith
University of Michigan Journal of Law Reform
With the Russian government hack of the Democratic National Convention email servers and related leaks, the drama of the 2016 U.S. presidential race highlights an important point: nefarious hackers do not just pose a risk to vulnerable companies; cyber attacks can potentially impact the trajectory of democracies. Yet a consensus has been slow to emerge as to the desirability and feasibility of reclassifying elections—in particular, voting machines—as critical infrastructure, due in part to the long history of local and state control of voting procedures. This Article takes on the debate—focusing on policy options beyond former Department of Homeland Security Secretary …
Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Question And Answer Session, Kimberly Thomas, Keith B. Maddox, Samuel R. Sommers, Patrick Barnes, Richard Leo
Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Question And Answer Session, Kimberly Thomas, Keith B. Maddox, Samuel R. Sommers, Patrick Barnes, Richard Leo
University of Michigan Journal of Law Reform
A transcript of the Question and Answer session during the University of Michigan Journal of Law Reform Symposium, Child Abuse Evidence: New Perspectives from Law, Medicine, Psychology & Statistics.
Keynote Address: Can A Sign Or Occult Finding Predict A Causal Relationship?: How To Reason About Possible Child Abuse, Peter Aspelin
Keynote Address: Can A Sign Or Occult Finding Predict A Causal Relationship?: How To Reason About Possible Child Abuse, Peter Aspelin
University of Michigan Journal of Law Reform
Keynote Address for the University of Michigan Journal of Law Reform Symposium, Child Abuse Evidence: New Perspectives from Law, Medicine, Psychology & Statistics.
The Civil Redress And Historical Memory Act Of 2029: A Legislative Proposal, William J. Aceves
The Civil Redress And Historical Memory Act Of 2029: A Legislative Proposal, William J. Aceves
University of Michigan Journal of Law Reform
During the extant “War on Terror,” U.S. and foreign nationals who did not engage in hostilities were detained and mistreated abroad by the United States or by other countries with the acquiescence of the United States. These individuals were accused of being terrorists or were suspected of associating with terror groups, but they were, in fact, innocent. They were eventually released and were never charged by the United States with any crime. Despite their innocence, the United States has failed to provide them with any form of redress for their mistreatment. The Bush, Obama, and Trump administrations refused to apologize …
Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Opening Remarks, November 6, 2015, Bridget M. Mccormack
Child Abuse Evidence: New Perspectives From Law, Medicine, Psychology & Statistics: Opening Remarks, November 6, 2015, Bridget M. Mccormack
University of Michigan Journal of Law Reform
Opening remarks by Justice Bridget McCormack, Michigan Supreme Court on November 6, 2015.
Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers
Implicit Bias In Daily Perceptions And Legal Judgments, Keith B. Maddox, Samuel R. Sommers
University of Michigan Journal of Law Reform
In today’s demonstration, we explored the audience’s positive and negative associations with blacks and whites. The demonstration is an adaptation of the Implicit Association Test (www.projectimplicit.net), a computer-based task designed to explore mental connections between various concepts. Participants were presented with a list of concepts (stereotypically black and white names, pleasant and unpleasant concepts) in a column down the middle of a screen along with the response categories (black/white or Pleasant/Unpleasant) along the left and right sides. When reading a word, participants were asked to categorize it by slapping the knee (left or right) that corresponds to the category displayed …