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Articles 61 - 90 of 313
Full-Text Articles in Law
My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran
My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran
Articles
You are a parent whose children are in foster care. Your court hearing is today, after which you hope your children will return home. Upon leaving the bus, you wait in line to enter the court. At the metal detectors you’re told you can’t bring your cell phone inside. With no storage options, you hide your phone in the bushes, hoping it will be there when you return.
Free-Range Parenting Gets Legal Protection In Utah - But Should The State Dictate How To Parent?, David Pimentel
Free-Range Parenting Gets Legal Protection In Utah - But Should The State Dictate How To Parent?, David Pimentel
Articles
No abstract provided.
Wrong Turn On The Ex Post Facto Clause, Paul D. Reingold, Kimberly Thomas
Wrong Turn On The Ex Post Facto Clause, Paul D. Reingold, Kimberly Thomas
Articles
The Ex Post Facto Clause bars any increase in punishment after the commission of a crime. But deciding what constitutes an increase in punishment can be tricky. At the front end of a criminal case, where new or amended criminal laws might lengthen prisoners’ sentences if applied retroactively, courts have routinely struck down such changes under the Ex Post Facto Clause. At the back end, however, where new or amended parole laws or policies might lengthen prisoners’ sentences in exactly the same way if applied retroactively, courts have used a different standard and upheld the changes under the Ex Post …
Perils Of Tax Reform, James R. Hines Jr.
Perils Of Tax Reform, James R. Hines Jr.
Articles
Tax reforms dangle possibilities of improving the tax system, but are fraught with perils that are evident from the 2017 U.S. experience and caution against frequent reforms of its ilk. The first peril is that reforms containing tax provisions selected simply on the basis of their projected revenue contributions will produce less tax revenue than anticipated, illustrative calculations suggesting shortfalls of roughly 8–16 percent. The second peril is that reforms will not advance the objectives of efficiency and tax equity to the extent that they include provisions intended to influence future tax legislation or government spending. The third peril is …
The Future Of Law And Mobility, Daniel A. Crane
The Future Of Law And Mobility, Daniel A. Crane
Articles
With the launch of the new Journal of Law and Mobility, the University of Michigan is recognizing the transformative impact of new transportation and mobility technologies, from cars, to trucks, to pedestrians, to drones. The coming transition towards intelligent, automated, and connected mobility systems will transform not only the way people and goods move about, but also the way human safety, privacy, and security are protected, cities are organized, machines and people are connected, and the public and private spheres are defined.
A New Approach To Executory Contracts, John A.E. Pottow
A New Approach To Executory Contracts, John A.E. Pottow
Articles
This Article will proceed as follows. First, it will offer an abbreviated explanation of the treatment of executory contracts under the Code, chronicling the development of the concept of executoriness and the subsequent challenges of its effects. Second, it will explain a new approach that embraces and makes its peace with executoriness by focusing on the proper treatment of non-executory contracts. Third, it will address some of the anticipated counterarguments to the new approach. Finally, it will offer a quick road test to demonstrate how the new approach would have more easily resolved a major litigated precedent in this field.
Informed Trading And Its Regulation, Merritt B. Fox, Lawrence R. Glosten, Gabriel V. Rauterberg
Informed Trading And Its Regulation, Merritt B. Fox, Lawrence R. Glosten, Gabriel V. Rauterberg
Articles
Informed trading--trading on information not yet reflected in a stock's price-- drives the stock market. Such informational advantages can arise from astute analysis of varied pieces of public news, from just released public information, or from confidential information from inside a firm. We argue that these disparate types of trading are all better regulated as part of the broader phenomenon of informed trading. Informed trading makes share prices more accurate, enhancing the allocation of capital, but also makes markets less liquid, which is costly to the efficiency of trade. Informed trading thus poses a fundamental trade-off in how it affects …
Implicit Bias's Failure, Samuel Bagenstos
Implicit Bias's Failure, Samuel Bagenstos
Articles
The 2016 presidential election was a coming-out party of sorts for the concept of implicit bias-and not necessarily in a good way. In answering a question about race relations and the police during the vice-presidential debate, Mike Pence introduced the topic. Offering his explanation for why the Fraternal Order of Police had endorsed the Trump-Pence ticket, Pence said:
Legal Innocence And Federal Habeas, Leah Litman
Legal Innocence And Federal Habeas, Leah Litman
Articles
Although it has long been thought that innocence should matter in federal habeas corpus proceedings, innocence scholarship has focused almost exclusively on claims of factual innocence-the kind of innocence that occurs when new evidence reveals that the defendant did not commit the offense for which he was convicted. The literature has largely overlooked cases where a defendant was convicted or sentenced under a statute that is unconstitutional, or a statute that does not apply to the defendant. The Supreme Court, however, has recently begun to recognize these cases as kinds of innocence and it has grounded its concern for them …
Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto
Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto
Articles
Five years ago, I went to lunch with a colleague. I was teaching a legal writing course to 1L students, and he taught in a clinic in which 2L and 3L students were required to write short motions and briefs. Several of his students had taken my writing class as 1Ls, and he had a question for me. "What the heck are you teaching these students?" he asked as we sat down. He explained that several of his students were struggling with preparing simple motions. They were not laying out facts clearly. They were not identifying key legal rules. In …
Reform At Risk — Mandating Participation In Alternative Payment Plans, Scott Levy, Nicholas Bagley, Rahul Rajkumar
Reform At Risk — Mandating Participation In Alternative Payment Plans, Scott Levy, Nicholas Bagley, Rahul Rajkumar
Articles
In an ambitious effort to slow the growth of health care costs, the Affordable Care Act created the Center for Medicare and Medicaid Innovation (CMMI) and armed it with broad authority to test new approaches to reimbursement for health care (payment models) and delivery-system reforms. CMMI was meant to be the government’s innovation laboratory for health care: an entity with the independence to break with past practices and the power to experiment with bold new approaches. Over the past year, however, the Department of Health and Human Services (HHS) has quietly hobbled CMMI, imperiling its ability to generate meaningful data …
Picketing In The New Economy, Hiba Hafiz
What We Still Don't Know About What Persuades Judges – And Some Ways We Might Find Out, Edward R. Becker
What We Still Don't Know About What Persuades Judges – And Some Ways We Might Find Out, Edward R. Becker
Articles
Over 25 years ago, in his foreword to the first volume of Legal Writing, Chris Rideout nailed it: legal writing as actually practiced by lawyers and judges needs to improve, “[b]ut more fundamental inquiry into legal writing...is needed as well.” The intervening decades have seen many laudable efforts on the latter front, as our collective scholarly discipline, then in its infancy, has matured. But one particular question that Rideout identified remains largely unaddressed by our discipline, although recent developments suggest a welcome increase in attention to the topic. Specifically, Rideout explained that our field did not know as much as …
Errors In Misdemeanor Adjudication, Samuel R. Gross
Errors In Misdemeanor Adjudication, Samuel R. Gross
Articles
Millions of defendants are convicted of misdemeanors in the United States each year but almost none obtain exonerations, primarily because ordinarily exoneration is far too costly and time consuming to pursue for anything less than years of imprisonment. The National Registry of Exonerations lists all known exonerations in the United States since 1989 — 2,145 cases, as of the end of 2017; only 85 are misdemeanors, 4%. In all but one of these misdemeanor exonerations the defendants were convicted of crimes that never happened; by comparison, more than three-quarters of felony exonerees were convicted of actual crimes that other people …
Editing And Empathy, Patrick Barry
Editing And Empathy, Patrick Barry
Articles
Design begins with empathy.” I recently wrote that on the board during a class for students in the Child Welfare Appellate Clinic at the University of Michigan Law School. I thought it might help them write better briefs. I got the idea from Ilse Crawford, whose work as an interior designer can be seen all over the world—from airport lounges in Hong Kong, to fancy restaurants in London, to pear-shaped stools at IKEA. In Crawford’s view, “empathy is a cornerstone of design.”1 She thinks it is important to understand the spaces and products she creates from the perspective of the …
Qualified Immunity At Trial, Alexander A. Reinert
Qualified Immunity At Trial, Alexander A. Reinert
Articles
Qualified immunity doctrine is complex and important, and for many years it was assumed to have an outsize impact on civil rights cases by imposing significant barriers to success for plaintiffs. Recent empirical work has cast that assumption into doubt, at least as to the impact qualified immunity has at pretrial stages of litigation. This Essay adds to this empirical work by evaluating the impact of qualified immunity at trial, a subject that to date has not been empirically tested. The results reported here suggest that juries are rarely asked to answer questions that bear on the qualified immunity defense. …
Democratic Erosion And The Courts: Comparative Perspectives, Aziz Huq
Democratic Erosion And The Courts: Comparative Perspectives, Aziz Huq
Articles
No abstract provided.
Controlling The Jury-Teaching Function, Richard D. Friedman
Controlling The Jury-Teaching Function, Richard D. Friedman
Articles
When evidence with a scientific basis is offered, two fundamental questions arise. First, should it be admitted? Second, if so, how should it be assessed? There are numerous participants who might play a role in deciding these questions—the jury (on the second question only), the parties (through counsel), expert witnesses on each side, the trial court, the forces controlling the judicial system (which include, but are not limited to, the appellate courts), and the scientific establishment. In this Article, I will suggest that together, the last two—the forces controlling the judicial system and the scientific establishment—have a large role to …
Does The United States Still Care About Complying With Its Wto Obligations?, Reuven S. Avi-Yonah
Does The United States Still Care About Complying With Its Wto Obligations?, Reuven S. Avi-Yonah
Articles
The Tax Cuts and Jobs Act of 2017 (“TCJA”) contains a provision that on its face appears to be a blatant violation of the WTO’s Subsidies and Countervailing Measures (SCM) rules. New IRC section 250 applies a reduced 13.125% tax rate to “foreign derived intangible income” (FDII), which is defined as income derived in connection with (1) property that is sold by the taxpayer to any foreign person for a foreign use or (2) services to any foreign person or with respect to foreign property. In other words, this category comprises exports for property and services, including royalties from the …
Quantifying Partisan Gerrymandering: An Evaluation Of The Efficiency Gap Proposal, Benjamin Plener Cover
Quantifying Partisan Gerrymandering: An Evaluation Of The Efficiency Gap Proposal, Benjamin Plener Cover
Articles
Electoral districting presents a risk of partisan gerrymandering: the manipulation of electoral boundaries to favor one political party over another. For three decades, the U.S. Supreme Court has failed to settle on a legal test for partisan gerrymandering, and such claims have uniformly failed. Until recently. Plaintiffs prevailed before a three-judge federal panel in Wisconsin by leveraging a new measure called the "efficiency gap," which quantifies partisan gerrymandering in terms of two parties' relative efficiency at translating votes for their party into seats in government. The case is now before the Court, which may embrace the efficiency gap approach and …
The Politics Of Access: Examining Concerted State/Private Enforcement Solutions To Class Action Bans, Myriam E. Gilles
The Politics Of Access: Examining Concerted State/Private Enforcement Solutions To Class Action Bans, Myriam E. Gilles
Articles
Procedural and substantive constraints on the ability of ordinary people to access the civil justice system have become all too commonplace. The “justice gap” owes much to cuts in funding for legal aid and court administration, heightened pleading standards, ever-rising costs of discovery, increasingly restrictive views on standing to sue, and the co-opting of small claims court by businesses seeking to collect debts, among other obstacles in the path to the courthouse. But the most consequential impediment, surely, is the enforcement of mandatory arbitration clauses with class action bans, which bar consumers and employees from bringing or being represented in …
Section 2 After Section 5: Voting Rights And The Race To The Bottom, Ellen D. Katz
Section 2 After Section 5: Voting Rights And The Race To The Bottom, Ellen D. Katz
Articles
Five years ago, Shelby County v. Holder released nine states and fifty-five smaller jurisdictions from the preclearance obligation set forth in section 5 of the Voting Rights Act (VRA). This obligation mandated that places with a history of discrimination in voting obtain federal approval—known as preclearance—before changing any electoral rule or procedure. Within hours of the Shelby County decision, jurisdictions began moving to reenact measures section 5 had specifically blocked. Others pressed forward with new rules that the VRA would have barred prior to Shelby County.
The Jus Ad Bellum's Regulatory Form, Monica Hakimi
The Jus Ad Bellum's Regulatory Form, Monica Hakimi
Articles
This article argues that a form of legal regulation is embodied in decisions at the UN Security Council that condone but do not formally authorize specific military operations. Such decisions sometimes inflect or go beyond what the jus ad bellum permits through its general standards—that is, under the prohibition of cross-border force and small handful of exceptions. Recognizing that this form of regulation is both part of the law and different in kind from regulation through the general standards should change how we think about the jus ad bellum.
The Influence Of Government Defenders On Affirmative Civil Rights Enforcement, Alexander A. Reinert
The Influence Of Government Defenders On Affirmative Civil Rights Enforcement, Alexander A. Reinert
Articles
The federal government — in particular the Department of Justice — can be one of the most efficient and powerful vindicators of civil rights, while simultaneously one of the most effective advocates for imposing barriers to affirmative civil rights enforcement. At the same time that the DOJ’s Civil Rights Division (CRD) is entering federal court to vindicate important rights, attorneys in the Civil Division (either from Main Justice or in any number of U.S. Attorney’s offices) are appearing in court to prevent the same. No doubt a similar pattern can be observed in certain state governments that have active affirmative …
The Living Anti-Injunction Act, Daniel Hemel
Reframing The Mediation Debate In Irish All-Issues Divorce Disputes: From Mediation Vs. Litigation To Mediation And Litigation, Deirdre Mcgowan
Reframing The Mediation Debate In Irish All-Issues Divorce Disputes: From Mediation Vs. Litigation To Mediation And Litigation, Deirdre Mcgowan
Articles
Mediation currently plays a minor role in the Irish family justice system, yet a policy consensus exists that more couples should be encouraged to mediate and that increased rates of mediation will reduce the numbers seeking redress through the courts. The recently published Mediation Act 2017 adopts this position, assuming that the provision of information on mediation will increase uptake and that mediation offers an alternative to litigation for most civil disputes. This article reviews attempts in Ireland, England and Wales to encourage family disputants to mediate, identifying weaknesses in the information strategy. It also examines the legal framework governing …
The Coming Demise Of Liberal Constitutionalism?, Aziz Huq, Tom Ginsburg, Mila Versteeg
The Coming Demise Of Liberal Constitutionalism?, Aziz Huq, Tom Ginsburg, Mila Versteeg
Articles
No abstract provided.
Courts’ Limited Ability To Protect Constitutional Rights, Adam S. Chilton, Mila Versteeg
Courts’ Limited Ability To Protect Constitutional Rights, Adam S. Chilton, Mila Versteeg
Articles
No abstract provided.
Two Deans Answer The Law School Wellness Questions They Hear The Most, Janet Stearns, David B. Jaffe
Two Deans Answer The Law School Wellness Questions They Hear The Most, Janet Stearns, David B. Jaffe
Articles
No abstract provided.
Accountability Claims In Constitutional Law, Nicholas Stephanopoulos
Accountability Claims In Constitutional Law, Nicholas Stephanopoulos
Articles
No abstract provided.