Law Commons^™

American Dreams, American Realities, Michael Lewyn

Scholarly Works

Review of Zoned In The USA, by Sonia Hirt.

Theorizing Precedent In International Law, Harlan G. Cohen

Faculty Scholarship

Precedent presents a puzzle for international law. As a matter of doctrine, judicial decisions construing international law are not-in-and-of themselves law. They are not binding on future parties in future cases, even before the same tribunal. And yet, international precedent is everywhere. From international investment to international criminal law to international human rights to international trade, prior decisions are invoked, argued over, and applied as precedents by practitioners and by tribunals.

How and why do certain interpretations of international law take on the weight of precedent, reshaping international law arguments around them, while others do not? This chapter develops a …

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Michigan Law Review

No abstract provided.

Tmi? Why The Optimal Architecture Of Disclosure Remains Tbd, Ryan Bubb

Michigan Law Review

We are inundated with disclosures in our daily lives. In one of the more evocative passages in their stimulating new book, More Than You Wanted to Know, Omri Ben-Shahar and Carl E. Schneider imagine a day in the life of someone who actually reads all those disclosures (pp. 95–100). During a commercial on the morning news, the protagonist hits pause on the TiVo to catch the fine print that would otherwise fly by. Breakfast is a slog, requiring close reading of the toaster’s ominous label and the disheartening nutrition facts on the butter and jam. More of the same awaits …

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Michigan Law Review

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Michigan Law Review

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Michigan Law Review

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Michigan Law Review

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A Functional Theory Of Congressional Standing, Jonathan Remy Nash

Michigan Law Review

The Supreme Court has offered scarce and inconsistent guidance on congressional standing—that is, when houses of Congress or members of Congress have Article III standing. The Court’s most recent foray into congressional standing has prompted lower courts to infuse analysis with separation-ofpowers concerns in order to erect a high standard for congressional standing. It has also invited the Department of Justice to argue that Congress lacks standing to enforce subpoenas against executive branch actors. Injury to congressional litigants should be defined by reference to Congress’s constitutional functions. Those functions include gathering relevant information, casting votes, and (even when no vote …

Emergency Takings, Brian Angelo Lee

Michigan Law Review

Takings law has long contained a puzzle. The Fifth Amendment to the U.S. Constitution requires the government to pay “just compensation” to owners of private property that the government “takes.” In ordinary circumstances, this requirement applies equally whether the property is confiscated or destroyed, and it also applies to property confiscated in emergencies. Remarkably, however, courts have repeatedly held that if the government destroys property to address an emergency, then a “necessity exception” relieves the government of any obligation to compensate the owner of the property that was sacrificed for the public good. Although the roots of this startling principle …

Due Process For Cash Civil Forfeitures In Structuring Cases, Timothy J. Ford

Michigan Law Review

On January 22, 2013, Tarik “Terry” Dehko sat down to pay the bills for his small Michigan grocery store when a federal agent entered his office. The agent told Dehko that the Internal Revenue Service (IRS) had executed a seizure warrant and taken the market’s entire bank account—more than $35,000. When Dehko asked how he could run his business without its bank account, the agent replied, “I don’t care.” The government did not charge Dehko with a crime that day. In fact, Dehko had never been charged with any crime in his life. Instead, the government waited until July 19 …

Fighting Foreign-Corporate Political Access: Applying Corporate Veil-Piercing Doctrine To Domestic-Subsidiary Contributions, Ryan Rott

Michigan Law Review

Campaign finance regulations limit speech. The laws preclude foreign nationals, including foreign corporations, from participating in U.S. politics via campaign contributions. The unusual characteristics of corporations, however, may allow foreign corporations to exploit a loophole in the regulatory regime. A foreign corporation may contribute to political campaigns by acquiring a domestic subsidiary and dominating it. This Note addresses how these unusual corporate behaviors enable foreign corporations to illegally corrupt the political process. This Note concludes that to close the loophole without violating the free speech rights of domestic subsidiaries, Congress should enact legislation which would apply corporate veil-piercing theory to …

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Michigan Law Review

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Teaching And Assessing Professional Communication Skills In Law School, Denitsa R. Mavrova Heinrich

North Dakota Law Review

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Twenty Years Later: Was It A Success? Revisiting The Unification Of Trial Courts In North Dakota, Kathleen M. Johnson, Jared Wall

North Dakota Law Review

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Law Historians’ Fallacies, Ilan Wurman

North Dakota Law Review

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Divorce—Proceedings And Disposition Of Property: The Effect Of The Death Of A Party During A Divorce Proceeding On The Incidental Issues To The Divorce Albrecht V. Albrecht, 2014 Nd 221, 856 N.W.2d 755, Grant Bakke

North Dakota Law Review

No abstract provided.

Proceedings Of The One Hundred Sixteenth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

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Breaking Faith: Machiavelli And Moral Risks In Lawyer Negotiation, Michael S. Mcginniss

North Dakota Law Review

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Must Physicians Disclose An Alcohol Or Substance Abuse Problem When Requesting A Patient Sign An Informed Consent Document?, Samuel D. Hodge, Jr., Diane Beyers, Kayla B. Thomas

North Dakota Law Review

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Increasing The Role Of Agency Deference In Curbing Online Banking Fraud, Stephanie L. Tang

North Dakota Law Review

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Social Security Administration Disability Discrepancies: The Debate Between Street-Level Bureaucrats And Administrative Law Judges, Erica M. Woehl

North Dakota Law Review

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Sex Offender Registration Laws For The Homeless: Safeguarding Society Or Punishing Sexually Dangerous Individuals For Being Homeless?, Emily Donaher

North Dakota Law Review

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Criminal Law—Search And Seizures: Determining When An Individual May Have A Reasonable Expectation Of Privacy In A Shared Residence State V. Taylor, 2015 Nd 100, 862 N.W.2d 801, Mindy Lawrence

North Dakota Law Review

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Searches And Seizures—Probationary Searches: The North Dakota Supreme Court Upholds Cell Phone Searches Of Probationers State V. Gonzalez, 2015 Nd 106, 862 N.W.2d 535, Connor Melvie

North Dakota Law Review

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North Dakota Supreme Court Review, North Dakota Law Review Associate Editors

North Dakota Law Review

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Jobs Looking For People, People Looking For Their Rights: Seeking Relief For Exploited Immigrant Workers In North Dakota, Sabrina Balgamwalla

North Dakota Law Review

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Fair Housing In Boom Times And Beyond, Margaret Moore Jackson

North Dakota Law Review

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Contracts And The Requirement Of Consideration: Positing A Unified Normative Theory Of Contracts, Inter Vivos And Testamentary Gift Transfers, Alex M. Johnson Jr.

North Dakota Law Review

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Lights, Camera, Action: The Age Of Body Cameras In Law Enforcement And The Effects Of Implementing Body Camera Programs In Rural Communities, Mindy Lawrence

North Dakota Law Review

No abstract provided.