Law Commons^™

Women's Interest Network, Julie King, Christine Korper, Abiola Afolayan, Marie Elena Angulo, Michela Cocchi, Angela M. Gallerizzo, Dolly Hernandez, Margaret Kamm, Dana Katz, Kendra Muller, Sierra Paola, Vanessa Romero Rocha, Aina Serret, Sandhya Taneja, Catherine Van Kampen

The Year in Review

No abstract provided.

International Litigation, Jonathan I. Blackman, Carmine D. Boccuzzi, Theodore J. Folkman, Phillip B. Dye Jr., Matthew D. Slater, Mark Mcdonald, Ari Mackinnon, Igor V. Timofeyev, Joseph R. Profaizer

The Year in Review

No abstract provided.

International Criminal Law, International Courts, And Judicial Affairs, Manish N. Bhatt, Giovanni Chiarini, Katherine Maddox Davis, Beth Farmer, Timothy Franklin, Cyreka C. Jacobs, Stéphane De Navacelle, Sara L. Ochs, Alexander S. Vesselinovitch, Melissa Ginsberg, Marc Weitz, Julie Zorrilla

The Year in Review

No abstract provided.

International Arbitration, Sergey Petrachkov, Dmitry Kuptsov, Saglar Ochirova, Oksana Karel, Daryna Hrebeniuk, Robert J.C. Deane, Jeffrey Rosenthal, Katie Gonzalez, Katerina Wright, Caoimhe Clarkin, Marcus Walsh, Bella Chan, Keara A. Bergin, Christopher P. Denicola, Peter Ashford, Kate Felmingham, Aline Dias, Antonio Canales, Grëtel Cannon, Ashley Chandler, Marianne Chao, Mercedes Fernández, Gustavo A. Galindo, Melissa Stear Gorsline, Benjamin Holloway, Haifeng Huang, Elie Kleiman, Viktoriia Korynevych, Annie Leeks, Fernando F. Pastore, Maria I. Pradilla Picas, Iris Sauvagnac, Jiahui Sheng, Darya Vakulenko, José Antonio Vázquez Cobo, Sharon Yiu, Lars Markert, Christina Nitsche, Anthony Lynch, Héctor Scaianschi Márquez, Preeti Bhangnani, Eric Lenier Ives, Tom Pearson

The Year in Review

No abstract provided.

International Art And Cultural Heritage Law, Birgit Kurtz, Maria Goretti Tai, Lois E. Wetzel

The Year in Review

No abstract provided.

International Tax, Giovanna Bernal, Paul D. Carman, Wiebe De Vries, Sunita Doobay, Johan Myrén, Michael Robinson, Dave Sherwin

The Year in Review

No abstract provided.

International Transportation Law, James Henry Bergeron, Attilio M. Costabel, Andrew M. Danas, Gregory C. Maddaleni, Rebecca Fenneman

The Year in Review

No abstract provided.

International M&A And Joint Ventures, Renata Antiquera, Jason Saltzman, Sydney Dennis-Birnbaum, Francisco Ugarte, Alejandra Daroch, Luigi Pavanello, Pawel Sikora, Anton Dzhuplin, Kristina Akalovich, Natella Kortiashvili, Albert Garrofé, Idoya Fernández, Lola Tejero, Mark Howard

The Year in Review

No abstract provided.

International Energy, Natural Resources, And Environmental Law, Jonathan Mcgowan, Josè Sampaio, Mariana Ardizzone, Ricardo Alves Silva, Sara Frazão

The Year in Review

No abstract provided.

International Contracts, Deana Davis, Izak Rosenfeld, Alison Strongwater, Martin E. Aquilina, Vicky Li, Willem Den Hertog

The Year in Review

No abstract provided.

South Asia/Oceania & India, Namrata P. Rastogi, Aseem Chawla, Soniya Dodeja, Sanjay Notani, Naghm Ghei, Amit Gupta, Vidhi Goel, Hari Sankar Mahapatra, Katherine Maddox Davis, Alisa Rukbankerd

The Year in Review

No abstract provided.

China, Yanling Zheng

The Year in Review

No abstract provided.

Mexico, Kelsey Quigley, Josè Luis Lizárraga, John Walsh, Danielle Morris, Maria Camila Hoyos, David Ross, Lauren Mandell, Noah Guiney, Carlo Cannizzo, Enrique García, Vanessa Romero

The Year in Review

No abstract provided.

Canada, Jacob Mantle, Danny Yeo, Peter Jarosz, Tayler Farrell, Gannon Beaulne, Megan Steeves, Adam Mauntah, Salma Kebeich

The Year in Review

No abstract provided.

International Legal Developments Year In Review: 2021, Jason S. Palmer, Kimberly Y. W. Holst

The Year in Review

No abstract provided.

Front Matter

The Year in Review

No abstract provided.

A Principled Approach To Equitable Compensation Undea Principled Approach To Equitable Compensation Under Erisa § 502(A)(3)R Erisa § 502(A)(3), Gabriel Juedemann

University of Chicago Law Review

In many cases, a beneficiary of an employee benefit plan suffers an injury due to a fiduciary’s misfeasance, but the beneficiary does not have a claim under ERISA’s benefit-recovery provision. In these circumstances, the beneficiary’s only path to relief is § 502(a)(3)’s authorization of “appropriate equitable relief.” But whether that provision permits monetary compensation when a beneficiary sues a fiduciary is a question the Supreme Court has not cleanly resolved, and circuit courts have fractured as a result.

This Comment argues that equitable compensation—or surcharge—should be available under § 502(a)(3) when a beneficiary sues a fiduciary, but only under certain …

Administrative Acquiescence: An Analysis Of Nonadverse Litigation Involving Administrative Agencies, Sami Winawer

University of Chicago Law Review

When an administrative agency declines to defend the constitutionality of its structure, courts must grapple with the unusual scenario in which the parties before it agree—or at least do not disagree—on the merits of the constitutional question at issue. This Comment seeks to provide some clarity to this area of the law by proposing a multifactor framework for courts to use at the standing stage when determining the justiciability of a question when the Executive declines to defend a federal statute, and explaining how these factors can be weighed in cases in which an administrative agency declines to defend some …

The Non-Binding Bind: Reframing Precatory Stockholder Proposals Under Delaware Law, Kyle A. Pinder

Michigan Business & Entrepreneurial Law Review

Rule 14a-8 under the Securities Exchange Act of 1934 allows stockholders to submit proposals for inclusion in a company’s proxy materials. The rule assumes that Delaware law provides stockholders with the right to submit non-binding proposals for stockholder approval. But as many have observed, this assumption lacks a firm basis in state law, particularly in Delaware. If such a right exists, a stockholder conducting its own proxy solicitation could submit numerous precatory proposals, including those advancing narrow or special interests. This article concludes that, under Delaware law, stockholders do not have an inherent right to submit precatory proposals. Accordingly, a …

Navigating The Eu’S Corporate Sustainability Due Diligence Directive: Strategic Implications For Us Companies, Silvia Ciacchi, Michael Faure, Sharon Oded

Michigan Business & Entrepreneurial Law Review

The European Union’s (“EU”) Corporate Sustainability Due Diligence Directive (“CSDDD” or the “Directive”) introduces new human rights and environmental obligations that reshape global corporate governance. This paper explores its impact on US companies, with a particular focus on compliance strategies under both direct and indirect applicability. It contrasts tactical compliance, which emphasizes risk mitigation while meeting minimum legal requirements, against strategic compliance, where companies use sustainability to gain a competitive edge in the market.

This paper highlights how varying enforcement levels across EU Member States may incentivize companies to “forum shop” or choose jurisdictions with more relaxed enforcement. It also …

Litigating Birthright Citizenship In The Shadow Of World War Ii: The Continuing Relevance Of A Forgotten Case, Rachel E. Rosenbloom

Michigan Journal of Race and Law

With the question of birthright citizenship before the Supreme Court this term in Trump v. Barbara, this Article explores the last time that federal courts confronted an attempt to restrict birthright citizenship. It tells the story of two lawsuits, Regan v. King and Fisk v. Wade, filed in 1942 by organizations seeking to overturn United States v. Wong Kim Ark, the 1898 Supreme Court decision that affirmed the broad scope of birthright citizenship under the Fourteenth Amendment. While the cases left little mark doctrinally, their history sheds light on a dimension of birthright citizenship litigation that has …

Police Surveillance And The Perils Of Techno-Solutionism, Prithika Balakrishnan

Michigan Journal of Race and Law

This Article charts domestic law enforcement’s use of video surveillance, beginning in the backlash to the Civil Rights movement in the late 1960s, continuing through the War on Terror and, more recently, in the context of the post-George Floyd public critiques of policing. The undergirding philosophy of policing’s embrace of surveillance technology is techno-solutionism, the view that all complex social situations can be simplified to measurable data primed for quick-fix, unbiased, algorithmic answers. While technology may have initially been adopted by police to respond to specific problems, it has changed the problems themselves, altered the array of potential solutions, and …

The Vanishing Voice: Juror Disenfranchisement In Capital Cases And The Erosion Of Constitutional Protections, Yacenda Hudson

Michigan Journal of Race and Law

After years of battling to have an uninfringed right to vote and participate on a jury panel, the removal of the unanimity requirement for a death penalty recommendation threatens to disenfranchise minority jurors, thereby implicating the Sixth and Fourteenth Amendments. The death penalty is one of the most controversial issues in our society, and it has evolved over time. Due to a paradigm shift in beliefs, the death penalty’s constitutionality was challenged under the Eighth and Fourteenth Amendments. Pivotal legal decisions, such as Furman v. Georgia and Hurst v. Florida, required states to institute changes to the death penalty. …

Extradition In The Early Republic: International Law And Constitutional Authority, Curtis A. Bradley

University of Chicago Law Review

This Article is the first comprehensive account of the constitutional foundations of U.S. extradition practice and its relationship to international law. Through detailed analysis of early American extradition controversies—including the Longchamps Affair and the Robbins case—the Article shows how political actors and courts constructed the modern constitutional law of extradition, resolving key issues concerning presidential power, the role of the states, and the scope of congressional authority. This regime, the Article argues, emerged not from appeals to the constitutional text or original understandings, but rather from structural intuitions, consequentialist considerations, and, as time went on, historical traditions. As the Article …

Native Marburys: Judicial Review In Tribal Courts, Elizabeth Hidalgo Reese

University of Chicago Law Review

Not all of America’s courts have judicial review. This Article is the first to dis- cuss a body of judicial review case law in which this extraordinary judicial power has been rejected, is a recent development, or is not yet a settled question—judicial review cases from tribal courts. In a time when skepticism about the power that judicial review gives to the federal courts is at an all-time high, it is that much more important that we look to other examples of government systems wrestling with whether to give their courts the power of judicial review—to other courts that are …

Establishing A Right To Civil Transcription, Shruti Bax

University of Chicago Law Review

Court reporters have long been a fixture of American jurisprudence, but tightening state budgets and a nationwide shortage of certified reporters have left many state court civil proceedings without any form of verbatim transcription at public expense. While litigants with means can hire private court reporters to accompany them to their proceedings, indigent parties must go without—even though the absence of a transcript is often deadly to one’s chances of prevailing on appeal, no matter how meritorious the claim.

In the 1956 case Griffin v. Illinois, the Supreme Court held that the principle of equal justice demands that “[d]estitute defendants …

The Coming Health Insurance Transition, Brendan S. Maher

Faculty Scholarship

For decades, the dominant form of private health insurance in the United States—by far—has been employment-based group health insurance. Somewhere in the range of 175 million employees and their families receive health care coverage through a system in which employers serve as financiers, procurers, administrators, and fiduciaries of the health insurance promise. An overwhelming percentage of those health insurance arrangements are governed by ERISA, with little room for state law.

That is going to change.

This Article explains—for the first time anywhere—why and how. Because of the tremendous and as-yet unrecognized power of an obscure-sounding funding arrangement called the Individual …

¿Digno Retorno? De La Ciudadanía Cultural A La Ciudadanía Truncada En El Retorno A México, Nancy Plankey-Videla, Luz E. Herrera

Faculty Scholarship

The chapter revisits citizenship by drawing on the findings of the Mexican Reintegration Project that interviewed 333 Mexicans that the U.S. deported or who returned to Mexico, and 18 civil society organizations that were part of the study. Many Mexicans in the United States experience a form of belonging, or cultural citizenship, even while being monitored by immigration and law enforcement. Upon returning to Mexico —whether forcibly or “voluntarily” - they experience a truncated citizenship that also complicates their sense of belonging to their own country of origin. They often do not have all the documentation needed to prove their …

When Dentists Spoke Up, The Law Changed, Timothy Rath

The Journal of the Michigan Dental Association

This article details how grassroots member advocacy led to the passage of Michigan Senate Bill 105. Championed by the Michigan Dental Association, the law requires insurers to offer at least one fee-free payment method for dental reimbursements, protecting practices from being forced to pay transaction fees of 3% to 5% to access virtual credit card payments. Once a dentist opts out under the new law, insurers must maintain the alternative payment method. This legislative victory highlights the power of organized dentistry in relieving the administrative and financial burdens faced by individual practitioners amid rising operational overhead costs.

Evaluating The Case Against Fda Independence, Patricia J. Zettler, Rachel E. Sachs

Utah Law Review

Many former FDA officials, both politically-appointed leaders and those from the career ranks, as well as numerous FDA scholars have advocated for increased FDA independence in varied forms, and for good reason. At the same time, there are advantages to FDA’s current structure, and there may be ways to insulate career scientific experts’ decisions from political influence and to address other problems by generating independence, without overhauling the agency’s design. Policymakers should consider all options, as particular independence features may, or may not, be the best way, to address concerns about FDA’s capacity to carry out its vital public health …