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Full-Text Articles in Law

Tragedies Of The Cultural Commons, Etienne C. Toussaint Dec 2022

Tragedies Of The Cultural Commons, Etienne C. Toussaint

Faculty Publications

In the United States, Black cultural expressions of democratic life that operate within specific historical-local contexts, yet reflect a shared set of sociocultural mores, have been historically crowded out of the law and policymaking process. Instead of democratic cultural discourse occurring within an open and neutral marketplace of ideas, the discursive production and consumption of democratic culture in American politics has been rivalrous. Such rivalry too often enables dominant White supremacist cultural beliefs, values, and practices to exercise their hegemony upon law’s production and meaning. The result has been tragedy for politically disempowered and socioeconomically excluded communities.

This Article uses …


Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz Feb 2009

Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz

Faculty Publications

No abstract provided.


The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault Jan 2000

The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault

Faculty Publications

Examines the harmless error rule as interpreted by Michigan case law.


Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus Jan 1996

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Faculty Publications

No abstract provided.


State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander Jan 1980

State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander

Faculty Publications

During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …