Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legislation (40)
- Legal Education (38)
- Courts (30)
- Administrative Law (28)
- Law and Economics (27)
-
- Constitutional Law (25)
- Comparative and Foreign Law (24)
- International Law (21)
- Science and Technology Law (19)
- Supreme Court of the United States (19)
- Tax Law (19)
- Civil Rights and Discrimination (18)
- Juvenile Law (17)
- Business Organizations Law (16)
- State and Local Government Law (16)
- Law Enforcement and Corrections (15)
- Securities Law (15)
- Evidence (14)
- Health Law and Policy (14)
- Public Law and Legal Theory (14)
- Law and Race (13)
- Legal History (13)
- Judges (12)
- Legal Writing and Research (12)
- Criminal Law (11)
- Human Rights Law (11)
- Internet Law (11)
- Jurisprudence (11)
- Law and Gender (11)
- Keyword
-
- Law reform (40)
- University of Michigan Law School (33)
- Events (22)
- Regulation (18)
- United States Supreme Court (18)
-
- Book reviews (16)
- Corporations (16)
- Empirical studies (16)
- Criminal justice (13)
- Income tax (13)
- Conferences (11)
- Congress (11)
- Treaties (11)
- Discrimination (10)
- Enforcement (10)
- History (10)
- Liability (10)
- Child Abuse Evidence New Perspectives from Law Medicine Psychology and Statistics (9)
- Governance (8)
- Health care (8)
- International tax (8)
- Lawyers (8)
- Regulations (8)
- Territoriality (8)
- African Americans (7)
- Child abuse (7)
- Children (7)
- Curriculum (7)
- Federal courts (7)
- Gender and law (7)
- Publication
-
- Articles (80)
- Michigan Law Review (48)
- University of Michigan Journal of Law Reform (25)
- Law & Economics Working Papers (23)
- Book Chapters (21)
-
- Event Materials (21)
- Michigan Journal of Environmental & Administrative Law (12)
- Michigan Business & Entrepreneurial Law Review (11)
- Michigan Journal of International Law (10)
- Michigan Telecommunications & Technology Law Review (10)
- Michigan Law Review Online (8)
- Michigan Journal of Race and Law (6)
- Reviews (6)
- Michigan Journal of Gender & Law (5)
- Miscellaneous Law School History & Publications (5)
- Other Publications (4)
- Commencement and Honors Materials (2)
- SJD Dissertations (1)
- Publication Type
Articles 211 - 240 of 298
Full-Text Articles in Law
A Conversation With Khaled Beydoun: Politics, Protests, Law & Islam, University Of Michigan Law School
A Conversation With Khaled Beydoun: Politics, Protests, Law & Islam, University Of Michigan Law School
Event Materials
Program for the Special Lecture in celebration of the Martin Luther King Jr. Holiday.
Wrongs Without Rights. Review Of Wrongs, Rights, And Third Parties, By N. Cornell., Scott Hershovitz
Wrongs Without Rights. Review Of Wrongs, Rights, And Third Parties, By N. Cornell., Scott Hershovitz
Reviews
The word “wrong” is the source of much confusion, in part because it does double duty. “You set the table wrong,” I might say, noting that you’ve misplaced the forks and knives. When I say that, I imply that there’s a standard against which place settings are properly judged, and that you’ve mucked things up by failing to match it. This use of the word “wrong” pops up all over the place: “You took a wrong turn.” “That’s the wrong answer.” “Why do I get everything wrong?” But there’s another way to use the word “wrong”: “You wronged Tom,” I …
Sec Enforcement Attorneys: Should I Stay Of Should I Go?, Adam C. Pritchard, Stephen J. Choi
Sec Enforcement Attorneys: Should I Stay Of Should I Go?, Adam C. Pritchard, Stephen J. Choi
Law & Economics Working Papers
We examine the career paths of attorneys in the Enforcement Division at the SEC. Using a variety of performance metrics, we find evidence that long term lawyers and lawyers in regional offices do not perform as well as other SEC attorneys. We also report that men and women may differ in their career paths in this field. We find that early-stage female attorneys perform just as well as male attorneys. Notwithstanding their comparable performance, these early-stage women are less likely to get a raise or promotion. We find that women are more likely to stay at the SEC, at least …
Democracy, Law, Compliance, Don Herzog
Democracy, Law, Compliance, Don Herzog
Articles
Professors Schauer and McAdams both seek a more or less sweepingly general theory of why we obey the law. But we should split, not lump. There are different reasons different actors in different social settings obey different laws–not only, but not least, out of regard for democratic decision making.
Judge Gorsuch And Johnson Resentencing (This Is Not A Joke), Leah M. Litman
Judge Gorsuch And Johnson Resentencing (This Is Not A Joke), Leah M. Litman
Michigan Law Review Online
Jan Crawford has reported that President Donald Trump is strongly considering appointing Judge Neil Gorsuch of the United States Court of Appeals for the Tenth Circuit to the U.S. Supreme Court. I do not know Judge Gorsuch, but I do know his opinion in Prost v. Anderson, which is a rather wonky case on a somewhat technical area of federal habeas law. Prost provides an interesting insight into Judge Gorsuch’s jurisprudence. The case concerns an issue on which the courts of appeals disagree, so it provides a nice glimpse into how Judge Gorsuch might address matters that are reasonably …
Sally Yates, Ronald Dworkin, And The Best View Of The Law, W. Bradley Wendel
Sally Yates, Ronald Dworkin, And The Best View Of The Law, W. Bradley Wendel
Michigan Law Review Online
What interests me, as a scholar of legal ethics and jurisprudence, is whether Yates got it right when she said the responsibility of a lawyer for the government is to seek justice and stand for what is right, and that the position of the Department of Justice should be informed by the lawyer’s best view of the law. Yates’s claim that legal advice should be informed by the best view of the law sounds very much like the position of Ronald Dworkin. Dworkin argued that a judge should determine the legal rights and duties of the litigants by constructing the …
Unduly Burdening Women’S Health: How Lower Courts Are Undermining Whole Woman’S Health V. Hellerstedt, Leah M. Litman
Unduly Burdening Women’S Health: How Lower Courts Are Undermining Whole Woman’S Health V. Hellerstedt, Leah M. Litman
Michigan Law Review Online
At the end of the Supreme Court’s 2016 Term, the Court issued its decision in Whole Woman’s Health v. Hellerstedt. One of the more closely watched cases of that Term, Hellerstedt asked whether the Supreme Court would adhere to its prior decision in Planned Parenthood v. Casey, which reaffirmed that women have a constitutionally protected right to decide to end a pregnancy.
The state of Texas had not formally requested that the Court revisit Casey or the earlier decision Casey had affirmed, Roe v. Wade, in Hellerstedt. But that was what Texas was, in effect, asking …
Chevron In The Circuit Courts: The Codebook Appendix, Kent Barnett, Christopher J. Walker
Chevron In The Circuit Courts: The Codebook Appendix, Kent Barnett, Christopher J. Walker
Michigan Law Review Online
For our empirical study on the use of Chevron deference in the federal courts of appeals, we utilized the following Codebook. This Codebook draws substantially from the codebook appended to William Eskridge and Lauren Baer’s pathbreaking study of administrative law’s deference doctrines at the Supreme Court. Our research assistants and we followed the instructions below when coding judicial decisions. To address questions as they arose and to ensure consistent coding, we maintained close contact with each other and our research assistants throughout the project and clarified the Codebook to address additional issues. Further details concerning our methodology (and its limitations) …
Ms-13 As A Terrorist Organization: Risks For Central American Asylum Seekers, Jillian Blake
Ms-13 As A Terrorist Organization: Risks For Central American Asylum Seekers, Jillian Blake
Michigan Law Review Online
In its first year, the Trump Administration has used aggressive rhetoric in a crusade against the transnational gang MS‑13. In April, Attorney General Jeff Sessions called MS‑13 “one of the most violent gangs in the history of our country” and said that the gang “could qualify” as a terrorist organization. Since then, the administration has put its fight against MS‑13 at the front and center of its agenda. In a speech this summer, President Donald Trump called MS‑13 gang members “animals” and vowed to “dismantle, decimate and eradicate” their operations. The president has also used the threat posed by MS‑13 …
Counting Zeros: The Every Student Succeeds Act And The Testing Opt-Out Movement, Paul A. Hoversten
Counting Zeros: The Every Student Succeeds Act And The Testing Opt-Out Movement, Paul A. Hoversten
Michigan Law Review Online
The story begins with threatening letters. In October 2014, the U.S. Department of Education reminded Colorado’s chief state school officer that the department “ha[d], in fact, withheld Title I, Part A administrative funds . . . from a number of States for failure to comply with the assessment requirements” under the Elementary and Secondary Education Act. Given the occasion, the department implied, it wouldn’t hesitate to be ruthless.
Colorado could be forgiven for assuming it was authorized to craft its own policies in this arena; according to the Wall Street Journal, the Every Student Succeeds Act (ESSA) represented “the …
The Fourth Amendment Categorical Imperative, David Gray
The Fourth Amendment Categorical Imperative, David Gray
Michigan Law Review Online
The vast majority of current Fourth Amendment doctrine is unfounded, incoherent, and dangerous. The culprit is the Supreme Court’s 1967 decision in Katz v. United States, which defines “search” as government conduct that violates subjectively manifested expectations of privacy “that society is prepared to recognize as ‘reasonable.’ ” This is pure applesauce. Nowhere will you find a standard dictionary that defines “search” in these terms. Neither will you hear a native speaker of the English language use “search” in this sense unless her mind has been polluted by a semester of studying criminal procedure. The Court created this definition …
Reviewer's Note, Vincent J. Palusci, Frank E. Vandervort
Reviewer's Note, Vincent J. Palusci, Frank E. Vandervort
Reviews
Review of Child Abuse & the Law by Jennifer N Fishe and Frederick L. Moffat III.
Afterword - Agape And Reframing, James Boyd White
Afterword - Agape And Reframing, James Boyd White
Other Publications
In a provocative essay, philosopher Jeffrie Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as …
Source, Character And Taxable Presence In A Digital World: International Taxation Of Online Advertising, Assaf Prussak
Source, Character And Taxable Presence In A Digital World: International Taxation Of Online Advertising, Assaf Prussak
SJD Dissertations
The purpose of this dissertation is to examine the application of the U.S. and international tax rules and norms to income derived from online advertising, to consider the challenges and problems that arise when these rules are applied to such a purely-digital type of income, to propose an alternative framework for the taxation of online advertising, and to discuss the legislative measures adopted by various countries in an attempt to tax this type of income (and other income derived from digital-based activities).
Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois
Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois
Michigan Journal of International Law
In August 2013, the French Parliament passed a statute meant to bring domestic law into conformity with several European legal instruments recently adopted. The statute explicitly addressed for the first time contemporary forms of slavery, servitude, and forced labor by establishing a set of four offenses that criminalize these three types of severe labor exploitation. For lawmakers as well as for many stakeholders in the fight against modern-day slavery, that achievement marked the culmination of a series of piecemeal amendments to criminal law and narrow advances in case law, which gradually enhanced the penal repression of modern-day slavery over the …
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 …
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 …
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 …
Gender Equality In Law: Uncovering The Legacies Of Czech State Socialism, Barbara Havelkova
Gender Equality In Law: Uncovering The Legacies Of Czech State Socialism, Barbara Havelkova
Miscellaneous Law School History & Publications
A PowerPoint presentation which accompanied the International and Comparative Law Speaker Series: Barbara Havelkova.
Victors For Michigan: Honor Roll Of Donors, University Of Michigan Law School
Victors For Michigan: Honor Roll Of Donors, University Of Michigan Law School
Miscellaneous Law School History & Publications
An annual report of giving from the members of the University of Michigan Law School community covering July 1, 2016 - June 30, 2017.
Think M, University Of Michigan Law School
Think M, University Of Michigan Law School
Miscellaneous Law School History & Publications
At Michigan, our people and approach set us apart. You'll receive exceptional teaching in the foundations of the law along with the practical training you need to make a lasting impact on society. But Michigan Law is more than academics and opportunity. Bonds formed here last a lifetime because our students and faculty believe that one person's success doesn't have to come at someone else's expense. Our collaborative pursuit of excellence makes us better scholars and lawyers, and creates a law school experience that sticks with you forever.
A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz
A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz
Michigan Telecommunications & Technology Law Review
With concerns rising over the number and variety of state regulations, companies are increasingly looking to the federal government for guidance. Representatives from Google, GM, Lyft, and Delphi testified before Congress on March 15, urging Congress to pass a federal law concerning autonomous vehicles. While the passage of any federal legislation is unclear at this time, other parts of the federal government have been extremely active in recent months. In January 2016, the Obama administration proposed a 10-year, $4 billion investment in autonomous vehicle technology. In that same announcement, the Department of Transportation (“DOT”) committed to developing model state policy …
A Relational Feminist Approach To Conflict Of Laws, Roxana Banu
A Relational Feminist Approach To Conflict Of Laws, Roxana Banu
Michigan Journal of Gender & Law
Feminist writers have long engaged in critiques of private law. Surrogacy contracts or the “reasonable man” standard in torts, for example, have long been the subjects of thorough feminist analysis and critique. When private law issues touch on more than one jurisdiction, Conflict of Laws is the doctrine that determines which jurisdiction can try the case and—as separate questions—which jurisdiction’s law should apply and under what conditions a foreign judgment can be recognized and enforced. Yet, there are virtually no feminist perspectives on Conflict of Laws (also known as Private International Law). This is still more surprising when one considers …
Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck
Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck
Michigan Journal of Gender & Law
This article addresses an issue critical to forty-one percent of fathers in the United States: prenatal abandonment. Under prenatal abandonment theory, fathers can lose their parental rights to non-marital children if they do not provide prenatal support to the mothers of their children. This is true even if the mothers have not notified the fathers of the pregnancy and if the mothers or fathers are unsure of the fathers’ paternity. While this result may seem counterintuitive, it is necessitated by demographic trends. Prenatal abandonment theory has been structured to protect mothers, fathers, and fetuses in response to a number of …
A Visual Approach To Law, Margaret Hagan
A Visual Approach To Law, Margaret Hagan
Miscellaneous Law School History & Publications
A presentation to accompany Margaret Hagan's Law + Design program.
Experience 100+, University Of Michigan Law School
Experience 100+, University Of Michigan Law School
Miscellaneous Law School History & Publications
100+ facts about the University of Michigan Law School and Ann Arbor, Michigan for the 2017-2019.
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.