Law Commons^™

Senior Day December 2016, University Of Michigan Law School

Commencement and Honors Materials

Program for the December 16, 2016 University of Michigan Law School Senior Day.

Drug Trafficking And The Presidential Family In Venezuela: The Narco Nephews, Daniela Castro

Capstones

An explosive combination of political turmoil, a deep economic crisis and critical security situation has Venezuela on the verge of collapse. Despite the alarming situation in the country, not everyone is doing so bad, especially those close to the ruling power. Ferraris, access to private aircrafts and bodyguards are only some of the privileges that only few can get access to in this impoverished South American nation.

Efrain Antonio Campo Flores, 30, and Franqui Francisco Flores de Freitas, 31 -- the nephews of the Venezuelan Presidential couple -- were found guilty of conspiring to import hundreds of kilograms of cocaine …

A New Era Of Islamophobia: Muslim Women Fight To Find Place After Trump Fueled Hate, Doha Madani

Capstones

"A New Era of Islamophobia: Muslim Women Fight to Find Place After Trump Fueled Hate" focuses on the trend of violence and harassment against Muslim women from 2015 to 2016. The story weaves personal stories and expert opinions about the trend, which seemingly sparked from Donald J. Trump's campaign rhetoric regarding Muslims and minorities.

https://dohamadani.atavist.com/a-new-era-of-islamophobia

A Long And Pricey Road To Freedom For New York's Aging Prisoners, Khorri Atkinson

Capstones

This character-driven capstone examines the impact New York’s growing aging inmates – defined as those over 50 – have on the criminal justice system.

The stories of those who are in and have been through the system, suggest that reform effort is still dragging slowly. The sentencing policies and healthcare costs continue to have lasting consequences for inmates, their relatives and taxpayers. And early release programs, such as commutation, pardon and parole, also tend to shy away from people serving decades in prison for violent crimes because of the lingering tough-on-crime era.

https://nyagingprisoners.atavist.com/capstone-project-

No Place Like Home: Tenant Harassment And The Frailty Of Housing Court, Adam M. Shrier

Capstones

Residents across New York City—particularly those living in rent-stabilized or rent-controlled apartments—are subject to concerted, persistent harassment at the hands of landlords determined to replace them with higher-rent paying tenants or tenants who will remain compliant in response to the landlords’ negligence or illegal actions. Although tenant harassment is illegal in New York City, the laws and penalties of New York City Housing Court have proven to be an ineffective system for tenants and insufficient deterrent against landlords who stand to make significant financial gains from deregulating apartments and who often get slapped with little to no fines for their …

Crossing Borders, Jarrett Lyons

Capstones

The United State Supreme Court declared the right to marry for LGBT people under “equal dignity in the eyes of the law,” on June 26th, 2015. The front pages of virtually every newspaper that day highlighted that proclamation. Exactly a week prior, another United States federal agency made an official declaration that didn’t make the front pages but also affected LGBTQ politics. U.S. Immigration and Customs Enforcement (ICE) issued a Transgender Care Memorandum, detailing policies for treatment trans migrants in detention facilities. The facilities have a noted history of mistreatment of transgender detainees.

Ishalaa Ortega is a transgender woman who …

Running For Ayotzinapa: A Father's Marathon To Find His Son, Gustavo Martínez

Capstones

People find a world of reasons to run marathons: to fight cancer, to raise money for a charity, to fulfill a promise. But Antonio Tizapa runs for the reason that has dictated his every waking moment for more than two years: finding his son. The story is presented through a written piece and a video short documentary. It follows Tizapa through events and races in the New York City area.

http://intl-clarke.2016.journalism.cuny.edu/2016/12/30/running-for-ayotzinapa-a-fathers-marathon-to-find-his-missing-son/

Designing And Improving A System Of Proactive Management-Based Regulation To Help Lawyers And Protect The Public, Susan Saab Fortney

Faculty Scholarship

Increasingly, lawyers and decision-makers are recognizing the limitations and consequences of current approaches to attorney regulation. Inspired by developments in other countries, regulators in the United States and Canada have started the process of exploring innovative approaches, including proactive management-based regulation. The term, proactive-management regulation (PMBR), was first used by Professor Ted Schneyer to refer to a regulatory approach designed to promote ethical law practice by assisting lawyers with practice management.

The seed for PMBR was first planted in the Australian state of New South Wales (NSW). It grew out of the legislation that allowed limited liability and non-lawyer ownership …

Jill Jackson: Pioneering In The Press Box, Katherine C. Perkins

LSU New Orleans Theses and Dissertations

Jill Jackson was one of the first female sports journalists and a pioneer voice for women in athletics. Although heretofore overlooked in the history of American sports journalism, the story of her career is an addition not only to the historiography of female sports journalists but also to the broader study of women in the mid-twentieth century. Jackson was admired, a hard worker, from a prominent New Orleans family, and well educated, yet she still was treated unequally in her primary workspace—the press box. Jackson left well-documented story to the Nadine Vorhoff Library and Special Collections at Newcomb College Institute …

911 Calls In Homicide Cases: What Does The Verbal Behavior Of The Caller Reveal?, Jon D. Cromer

Masters Theses, 2010-2019

Each year, numerous 911 calls reporting a death or a serious injury that leads to death are received by emergency communications centers; many of these turn out to be related to a homicide. Interestingly, a small percentage of these calls are made by the perpetrator. These calls constitute the first available evidence in most homicide cases. They are recorded at times of great stress and are the first versions of what the callers purport to know. The ability to develop hypotheses about a caller’s truthfulness enhances the police response by objectively informing the process of formulating early investigative strategies. For …

How Threat Assessment Could Become Self-Fulfilling Prophecy: Case Of U.S.-China Relations, Muhamad Arif

Global: Jurnal Politik Internasional

This article tries to explain how misperception can trigger conflict between countries. The article would employ spiral model of conflict proposed by Robert Jervis as a theoretical framework to scrutinize contemporary US and Chinese contemporary competition. As a result, this paper shows how threat assessment could trigger a spiral of conflict through state’s tendency to overestimate threat level and its failure to perceive that defensive behavior can be interpreted as offensive by the belligerent. Based on this analysis, the probability of conflicts can be reduced as each country tries to comprehend motivations that drive other behavior, perceptions and reactions that …

The Evolving Security Policy Of Japan And The Adherence To Antimilitarism Culture, Chaula Rininta Anindya

Global: Jurnal Politik Internasional

Japan has reinterpreted Article 9 as the fundamental constitution of their antimilitarist culture and shows its willingness to play a more active role in the International security. This article seeks to examine the changes of Japan’s security and the potential shift of antimilitarist strategic culture, arguing that despite the continuous changes, Japan has not changed its strategic culture due to perpetual debates within the domestic politics that are vital in shaping the security identity. The changing security practices are merely a natural response to the current dynamic of International security environments. Therefore, it remains unlikely for Prime Minister Shinzo Abe …

Contesting Global Civil Society’S Legitimacy Claims: Evaluating International Non-Governmental Organizations (Ingos)’ Representation Of And Accountability To Beneficiaries, Cazadira Fediva Tamzil

Global: Jurnal Politik Internasional

The global civil society is often regarded as a progressive moral force that provides advocacy and protection of marginalized groups in the global political arena. Nevertheless, departing from the belief that civil society has great power and influence over global dynamics, it sees that the legitimacy claims they articulate and articulated by academics are essential to be evaluated, especially with regard to their representation and accountability groups and individual beneficiaries. This paper concludes that the claims of legitimacy of civil society are less justifiable, both normatively and empirically. From the normative point of view, claims for civil society representation are …

Kerja Sama Pembangunan Korea Selatan Di Vietnam Dalam Pengembangan Area Pedesaan Melalui Model Saemaul Undong, Indah Lestari

Global: Jurnal Politik Internasional

In this last decade, a closed cooperation of rural development “Saemaul Undong” between South Korea and Vietnam has been formed. Saemaul Undong is a success model of South Korea’s rural development. Along with it, question related to the possibility of adopting Saemaul Undong by developing countries arises. With this regard, this research attempts to explain the reasons why this cooperation has been formed. By using concept of cooperation, this research tries to observe the existence of goals and benefits in “Saemaul Undong” cooperation between South Korea and Vietnam. Result of this research affirmed that goals and benefits spurred “Saemaul Undong” …

Copyright Law’S Origin Stories, Laura A. Heymann

Popular Media

No abstract provided.

Security Districts In New Orleans, Kara Chin, Emily Siegel

Capstones

We did an investigative study of security districts in New Orleans. For nearly 20 years, neighborhoods in the city’s wealthier sections have voted to impose higher taxes only on themselves for additional security that benefits their own neighborhoods. These added patrols supplement the city’s often-criticized police. Last year, security districts raised nearly $6 million in additional revenue that isn’t shared with the rest of the city. No other major city has implemented a publicly funded law enforcement system that allows voters to funnel tax dollars for additional security that is not shared with the city at large.

A Cost Of Doing Business: Defense Contracting Fraud, Shane M. English

Capstones

The federal government relies heavily on outside contractors to provide essential research and services. Following World War II, the Department of Defense and the military began to rely on approved government contractors to develop, test and improve weapons and tools used to keep soldiers and the nation safe.

Defense contracting is a massive business that commands billions of dollars a year. Despite the magnitude of the United States' contracting system, detecting fraud and preventing bad actors from continuing to profit off of the government has proven difficult. The systems at hand: civil and criminal charges, suspension and debarment have consistently …

Quality Of Death People With Terminal Illnesses Are Turning To An Age-Old Method To End It All: Self-Starvation, Kazi E. Awal, Alyssa Pagano

Capstones

Voluntarily stopping eating and drinking (VSED) is getting more attention in the medical community. Though physician assisted dying legislation passed in two more states in 2016--there are now 7 states where it is legal--the practice, where doctors prescribe a lethal dose of sedatives so that terminally ill patients can end their own lives, is inaccessible to many. But fasting to death is a way for patients suffering from terminal illnesses or other debilitating diseases to end their lives on their own terms that is legal everywhere. As extreme as it sounds, research shows the process can be made comfortable with …

Not On The Menu, Kathryn Casteel, Zameena Mejia

Capstones

The element of “unwelcomeness” and the burden of proof on the plaintiff to prove sexual conduct in the workplace is one of the flaws of Title VII that make it difficult to protect victims of sexual harassment. This is particularly true in restaurants where a sexual environment is often thought of as “part of the job.” Formal complaint systems, if available, in restaurants are often flawed, even though they can pose as an affirmative defense for the defendant if they are available and a victim does not file a complaint. In the cases examined, all involved an accused supervisor or …

In The Wake Of Broken Windows Policing How Aggressive Policing Contributed To East Harlem Residents Distrust Of Police, Stephanie Daniel, Nicole Lewis, Kalalea Kalalea

Capstones

In 2015, the East Harlem neighborhood – specifically the 25th Precinct – had the highest rate of criminal court summonses amongst residential areas. At 145 summonses for every 1,000 residents, it was more than four times the citywide average, according to an analysis of data obtained from the NYPD.

Since 2010, summonses have declined as the NYPD moves towards a more community-based approach to policing. But the Broken Windows theory has left a lasting and often negative effect on the East Harlem community.

This past fall, CUNY reporters investigated how summonses have affected the relationship between East Harlem residents and …

Different Names For Bullying, Marco Poggio

Capstones

“There's all different forms of bullying,” says Steven Gray, a Lakota rancher and former law enforcement officer living in South Dakota. In this look into Gray’s life, we learn about two instances of bullying: the psychological and physical harassment that pushed his son, Tanner Thomas Gray, to commit suicide at age 12; And the controversial construction of an oil pipeline in an ancient tribal land that belongs to the Lakota people by rights of a treaty signed in 1851, which Gray sees as an institutional abuse infringing on the sovereignty of his people. Gray is involved in the movement that …

Catering Hall Harbors Immigrant Families Through Underground Employment, Kimberly J. Avalos

Capstones

A catering hall in Queens serves as a hub of work for immigrant families and holds a collection of Latin American migration stories and insights into illegal immigration in the United States.

The stories of the catering hall workers—younger and older, longtime residents and new arrivals—reflect the different struggles of immigration across the different generations of immigrants who work there. Their stories also show the common bonds for the different generations and the longstanding dreams of America.

immigrantworkers.kimberlyjavalos.com

Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez

Master's Theses

According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means …

Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Appellant, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

State v. Gregory

1996 San Luis Obispo County Map - Township And Range

Groundwater Basin Maps

A map of San Luis Obispo County, California, prepared by the Department of Planning and Building, showing township and range, as well as depicting Planning Area Boundary, Coastal Zone Boundary, Urban Reserve Area or Village Reserve Area and County Supervisors District Boundary and District Number.

Rancho Patents In Salinas River And Carmel River Groundwater Basin [Draft]

Summaries of Data Relating to the Basins

Spreadsheet listing the patented Spanish and/or Mexican land grants located within the Salinas River and Carmel River Groundwater Basin, along with the Patentee, date of patent, authority, document number, total acres, township, range, meridian and county.

United States Land Patents In The Salinas River And Carmel River Groundwater Basin Prior To January 1, 1872 [Draft]

Summaries of Data Relating to the Basins

Listing of all United States land patents issued in the Salinas River and Carmel River Groundwater Basin prior to January 1, 1872, including the Patentee, date of patent, authority under which the patent was issued, document number, total acres, township, range, section, meridian and county.

In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy

Northwestern University Law Review

Over the last twenty years, domestic asset protection trusts have risen in popularity as a means of estate planning and asset protection. A domestic asset protection trust is an irrevocable trust formed under state law which enables an independent trustee to allocate money to a class of

persons, which includes the settlor.

Since Alaska first enacted domestic asset protection legislation in 1997, fifteen states have followed its lead. The case law over the last twenty years addressing these trust mechanisms has, however, been surprisingly sparse. A Washington bankruptcy court decision, In re Huber, altered this drought, but caused more confusion …

The Church And Magna Carta, R. H. Helmholz

William & Mary Bill of Rights Journal

No abstract provided.

The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand

William & Mary Bill of Rights Journal

No abstract provided.