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The Progressive Love Affair with the Carceral State Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Kate Levine
A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.
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How Racism Persists in Its Power Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Deborah Archer
A Review of The Fire Next Time. By James Baldwin.
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Responding to Abolition Anxieties: A Roadmap for Legal Analysis Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Jamelia Morgan
A Review of We Do This ’Til We Free Us. By Mariame Kaba.
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Community Lawyering in Resistance to Neoliberalism Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Jeena Shah
A Review of An Equal Place: Lawyers in the Struggle for Los Angeles. By Scott L. Cummings.
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Ability Apartheid and Paid Leave Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Ryan Nelson,Michael Stein
A Review of Ableism at Work: Disablement and Hierarchies of Impairment. By Paul David Harpur.
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Shining a Bright Light on the Color of Wealth Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 A. Dickerson
A Review of The Whiteness of Wealth: How the Tax System Impoverishes Black Americans—and How We Can Fix It . By Dorothy A. Brown.
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The Never-Ending Struggle for Reproductive Rights Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Stephanie Toti
For me, the annual Book Review issue is a time for reflection. It provides an opportunity to take stock of scholarly trends, reassess conventional wisdom, and gather new insights to apply to the practice of law. The reviews contained in this year’s issue address a wide range of subjects, including the history of public defenders, the use of bigotry rhetoric in conflicts over marriage and civil rights
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Rent Strikes and Tenant Power: Supporting Rent Strikes in Residential Landlord-Tenant Law Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Samantha Gowing
For more than a century, low-income tenants across cities in the United States have protested and organized together against unjust housing conditions. Yet landlords continue to evade accountability, leaving mold, pests, lead paint, unclean water, and innumerable other issues unaddressed. On top of habitability concerns, the past several decades of gentrification have displaced hundreds of thousands
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Unfair Collection: Reclaiming Control of Publicly Available Personal Information from Data Scrapers Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Andrew Parks
Rising enthusiasm for consumer data protection in the United States has resulted in several states advancing legislation to protect the privacy of their residents’ personal information. But even the newly enacted California Privacy Rights Act (CPRA)—the most comprehensive data privacy law in the country— leaves a wide-open gap for internet data scrapers to extract, share, and monetize consumers’ personal
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Bigotry, Civil Rights, and LGBTQ Child Welfare Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Jordan Woods
A Review of Who’s the Bigot? Learning from Conflicts over Marriage and Civil Rights Law. By Linda C. McClain.
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Introduction: Two Perspectives on Sara Mayeux’s Free Justice Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Brooke Simone,Aditya Vedapudi
A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux.
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“A Mystifying and Distorting Factor”: The Electoral College and American Democracy Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Katherine Shaw
A Review of Let the People Pick the President: The Case for Abolishing the Electoral College. By Jesse Wegman.
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The Impact of Amex and Its Progeny on Technology Platforms Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Kacyn Fujii
Big Tech today faces unprecedented levels of antitrust scrutiny. Yet antitrust enforcement against Big Tech still faces a major obstacle: the Supreme Court’s 2018 decision in Ohio v. American Express. Popularly called Amex, the case imposed a higher initial burden on antitrust plaintiffs in cases involving two-sided markets. Two-sided markets connect two distinct, noncompeting groups of customers on
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Securing Gun Rights by Statute: The Right to Keep and Bear Arms Outside the Constitution Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Jacob Charles
In popular and professional discourse, debate about the right to keep and bear arms most often revolves around the Second Amendment. But that narrow reference ignores a vast and expansive nonconstitutional legal regime privileging guns and their owners. This collection of nonconstitutional gun rights confers broad powers and immunities on gun owners that go far beyond those required by the Constitution
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Searching for Truth in the First Amendment's True Threat Doctrine Michigan Law Review (IF 2.527) Pub Date : 2022-01-01 Renee Griffin
Threats of violence, even when not actually carried out, can inflict real damage. As such, state and federal laws criminalize threats in a wide range of circumstances. But threats are also speech, and free speech is broadly protected by the First Amendment. The criminalization of threats is nonetheless possible because of Supreme Court precedents denying First Amendment protection to “true threats
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Young and Dangerous: The Role of Youth in Risk Assessment Instruments Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Ingrid Yin
States are increasingly adopting risk assessment instruments (RAIs) to help judges determine the appropriate type and length of punishment for an offender. Although this sentencing practice has been met with a wide variety of scholarly criticism, there has been virtually no discussion of how RAIs treat youth as a strong factor contributing to a high risk score. This silence is puzzling. Not only is
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Vacatur Pending En Banc Review Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Ruby Emberling
When a case becomes moot on appeal, as when the parties settle, two primary Supreme Court cases guide the appellate court’s decision about whether to vacate the lower-court opinion. The Court has said that vacatur, an equitable remedy, promotes fairness to parties who were not responsible for the mootness because it erases adverse legal outcomes the litigants were prevented from appealing. Beyond this
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Through a Glass, Darkly: Systemic Racism, Affirmative Action, and Disproportionate Minority Contact Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Robin Walker Sterling
This Article is the first to describe how systemic racism persists in a society that openly denounces racism and racist behaviors, using affirmative action and disproportionate minority contact as contrasting examples. Affirmative action and disproportionate minority contact are two sides of the same coin. Far from being distinct, these two social institutions function as two sides of the same ideology
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Municipal Reparations: Considerations and Constitutionality Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Brooke Simone
Demands for racial justice are resounding, and in turn, various localities have considered issuing reparations to Black residents. Municipalities may be effective venues in the struggle for reparations, but they face a variety of questions when crafting legislation. This Note walks through key considerations using proposed and enacted reparations plans as examples. It then presents a hypothetical city
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The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 William Treanor
At the end of the Constitutional Convention, the delegates appointed the Committee of Style and Arrangement to bring together the textual provisions that the Convention had previously agreed to and to prepare a final constitution. Pennsylvania delegate Gouverneur Morris drafted the document for the Committee, and, with few revisions and little debate, the Convention adopted Morris’s draft. For more
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Fee Simple Failures: Rural Landscapes and Race Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Jessica Shoemaker
Property law’s roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural communities are in decline. The fee simple ownership form
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Territorial Exceptionalism and the American Welfare State Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Andrew Hammond
Federal law excludes millions of American citizens from crucial public benefits simply because they live in the United States territories. If the Social Security Administration determines a low-income individual has a disability, that person can move to another state and continue to receive benefits. But if that person moves to, say, Guam or the U.S. Virgin Islands, that person loses their right to
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Excluding 'Undesirable' Immigrants: Public Charge as Disability Discrimination Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Alessandra Rosales
Public charge is a ground of inadmissibility based upon the likelihood that a noncitizen will become dependent on government benefits in the future. Once designated as a public charge, a noncitizen is ineligible to be admitted to the United States or to obtain lawful permanent residence. In August 2019, the Trump Administration published a regulation regarding this inadmissibility ground. Among its
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Suspect Spheres, Not Enumerated Powers: A Guide for Leaving the Lamppost Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Richard Primus,Roderick Hills Jr
Despite longstanding orthodoxy, the Constitution’s enumeration of congressional powers does virtually nothing to limit federal lawmaking. That’s not because of some bizarrely persistent judicial failure to read the Constitution correctly. It’s because the enumeration of congressional powers is not a well-designed technology for limiting federal legislation. Rather than trying to make the enumeration
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Tort Law and Civil Recourse Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Mark Geistfeld
A Review of Recognizing Wrongs. by John C.P. Goldberg and Benjamin C. Zipursky.
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Compensation, Commodification, and Disablement: How Law Has Dehumanized Laboring Bodies and Excluded Nonlaboring Humans Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Karen Tani
A Review of Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era. by Nate Holdren.
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The Market Cannot Be Your Mother Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Meghan Boone
A Review of The Free-Market Family: How the Market Crushed the American Dream (and How It Can Be Restored). by Maxine Eichner.
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Pregnancy and the Carceral State Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Khiara Bridges
A Review of Policing the Womb: Invisible Women and the Criminalization of Motherhood. by Michele Goodwin.
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The Rule of Five Guys Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Lisa Heinzerling
A Review of The Rule of Five: Making Climate History at the Supreme Court. by Richard J. Lazarus.
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The Limits of Deliberation About the Public's Values Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Mark Seidenfeld
A Review of The Public's Law: Origins and Architecture of Progressive Democracy by Blake Emerson.
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Remediating Racism for Rent: A Landlord’s Obligation Under the FHA Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Mollie Krent
The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment
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Reviving Negotiated Rulemaking for an Accessible Internet Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Julie Moroney
Web accessibility requires designing and developing websites so that people with disabilities can use them without barriers. While the internet has become central to daily life, websites have overwhelmingly remained inaccessible to the millions of users who have disabilities. Congress enacted the Americans with Disabilities Act (ADA) to combat discrimination against people with disabilities. Passed
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The Meaning of Sex: Dynamic Words, Novel Applications, and Original Public Meaning Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 William Eskridge Jr.,Brian Slocum,Stefan Gries
The meaning of sex matters. The interpretive methodology by which the meaning of sex is determined matters Both of these were at issue in the Supreme Court’s recent landmark decision in Bostock v. Clayton County, where the Court held that Title VII protects lesbians, gay men, transgender persons, and other sexual and gender minorities against workplace discrimination. Despite unanimously agreeing that
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The Geopolitics of American Policing Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Andrew Lanham
A Review of Badges Without Borders: How Global Counterinsurgency Transformed American Policing. by Stuart Schrader.
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A Different Type of Property: White Women and the Human Property They Kept Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Michele Goodwin
A Review of Incidents in the Life of a Slave Girl. by Harriet A. Jacobs, and They Were Her Property: White Women as Slave Owners in the American South. by Stephanie E. Jones-Rogers.
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The Lost Promise of Disability Rights Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Claire Raj
Children with disabilities are among the most vulnerable students in public schools. They are the most likely to be bullied, harassed, restrained, or segregated. For these and other reasons, they also have the poorest academic outcomes. Overcoming these challenges requires full use of the laws enacted to protect these students’ affirmative right to equal access and an environment free from discrimination
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Do ESG Funds Deliver on Their Promises? Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Quinn Curtis,Jill Fisch,Adriana Robertson
Corporations have received growing criticism for contributing to climate change, perpetuating racial and gender inequality, and failing to address other pressing social issues. In response to these concerns, shareholders are increasingly focusing on environmental, social, and corporate governance (ESG) criteria in selecting investments, and asset managers are responding by offering a growing number
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Social Norms in Fourth Amendment Law Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Matthew Tokson,Ari Waldman
Courts often look to existing social norms to resolve difficult questions in Fourth Amendment law. In theory, these norms can provide an objective basis for courts’ constitutional decisions, grounding Fourth Amendment law in familiar societal attitudes and beliefs. In reality, however, social norms can shift rapidly, are constantly being contested, and frequently reflect outmoded and discriminatory
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On Time, (In)equality, and Death Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Fred Smith Jr.
In recent years, American institutions have inadvertently encountered the bodies of former slaves with increasing frequency. Pledges of respect are common features of these discoveries, accompanied by cultural debates about what “respect” means. Often embedded in these debates is an intuition that there is something special about respecting the dead bodies, burial sites, and images of victims of mass
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The Missing Algorithm: Safeguarding Brady Against the Rise of Trade Secrecy in Policing Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Deborah Won
Trade secrecy, a form of intellectual property protection, serves the important societal function of promoting innovation. But as police departments across the country increasingly rely on proprietary technologies like facial recognition and predictive policing tools, an uneasy tension between due process and trade secrecy has developed: to fulfill Brady’s constitutional promise of a fair trial, defendants
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Reviving Antitrust Enforcement in the Airline Industry Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Jonathan Edelman
The Department of Transportation (DOT) has broad but oft overlooked power to address antitrust issues among airlines through section 411 of the Federal Aviation Act. However, the DOT’s unwillingness to enforce antitrust more aggressively may be translating into higher fares and fees for airline travelers.More aggressive antitrust enforcement is urgently needed. Recent research has revealed a widespread
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Ranked-Choice Voting as Reprieve from the Court-Ordered Map Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Benjamin Lempert
Thus far, legal debates about the rise of ranked-choice voting have centered on whether legislatures can lawfully adopt the practice. This Note turns attention to the courts and the question of remedies. It proposes that courts impose ranked-choice voting as a redistricting remedy. Ranked-choice voting allows courts to cure redistricting violations without also requiring that they draw copious numbers
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Natural Language Processing for Lawyers and Judges Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Frank Fagan
A Review of Law as Data: Computation, Text, & the Future of Legal Analysis. Edited by Michael A. Livermore and Daniel N. Rockmore.
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Can Prosecutors End Mass Incarceration? Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Rachel Barkow
A Review of Charged: The New Movement to Transform American Prosecution and End Mass Incarceration. by Emily Bazelon.
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Will Legal Education Change Post-2020? Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Heather Gerken
The famed book review issue of the Michigan Law Review feels like a reminder of better days. As this issue goes to print, a shocking 554,103 people have died of COVID-19 in the United States alone, the country seems to have begun a long-overdue national reckoning on race, climate change and economic inequality continue to ravage the country, and our Capitol was stormed by insurrectionists with the
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Affirmative Inaction: A Quantitative Analysis of Progress Toward “Critical Mass” in U.S. Legal Education Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Loren Lee
Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for its application in law school admissions. Almost two
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The Liar’s Mark: Character and Forfeiture in Federal Rule of Evidence 609(a)(2) Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Jesse Schupack
Rule 609(a)(2) of the Federal Rules of Evidence is an outlier. The Rule mandates admission of impeaching evidence of a witness’s past convictions for crimes of dishonesty. It is the only place in the Rules where judges are denied their usual discretion to exclude evidence on the grounds that its admission would be more prejudicial than probative. This Note analyzes three assumptions underlying this
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Rethinking the Reasonable Response: Safeguarding the Promise of Kingsley for Conditions of Confinement Michigan Law Review (IF 2.527) Pub Date : 2021-01-01 Hanna Rutkowski
Nearly five million individuals are admitted to America’s jails each year, and at any given time, two-thirds of those held in jail have not been convicted of a crime. Under current Supreme Court doctrine, these pretrial detainees are functionally protected by the same standard as convicted prisoners, despite the fact that they are formally protected by different constitutional amendments. A 2015 decision
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Failed Interventions: Domestic Violence, Human Trafficking, and the Criminalization of Survival Michigan Law Review (IF 2.527) Pub Date : 2020-01-01 Alaina Richert
Over the last decade, state legislators have enacted statutes acknowledging the link between criminal behavior and trauma resulting from domestic violence and human trafficking. While these interventions take a step in the right direction, they still have major shortcomings that prevent meaningful relief for survivor-defendants. Until now, there has been no systematic overview of the statutes that
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Possible Reliance: Protecting Legally Innocent Johnson Claimants Michigan Law Review (IF 2.527) Pub Date : 2020-01-01 Keagan Potts
The writ of habeas corpus presents the last chance for innocent defendants to obtain relief from invalid convictions and sentences. The writ constitutes a limited exception to the finality of judgments. Given the role finality plays in conserving judicial resources and deterring criminal conduct, exceptions created by habeas must be principally circumscribed. Since the Supreme Court’s invalidation
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Resolving "Resolved": Covenants Not to Sue and the Availability of CERCLA Contribution Actions Michigan Law Review (IF 2.527) Pub Date : 2020-01-01 Jacob Podell
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)—as part of its dual goals of cleaning up hazardous-waste sites and ensuring that the polluter pays for that cleanup—gives private parties two mutually exclusive causes of action: cost recovery and contribution. Contribution is available in limited circumstances, including if the party has “resolved” its liability with
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Reclaiming Access to Truth in Reproductive Healthcare After National Institute of Family & Life Advocates v. Becerra Michigan Law Review (IF 2.527) Pub Date : 2020-01-01 Diane Kee
Crisis Pregnancy Centers (CPCs) are antiabortion organizations that seek to “intercept” people with unintended pregnancies to convince them to forego abortion. It is well documented that CPCs intentionally present themselves as medical professionals even when they lack licensure, while also providing medically inaccurate information on abortion. To combat the blatant deception committed by CPCs, California
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The Passion of John Paul Stevens Michigan Law Review (IF 2.527) Pub Date : 2020-01-01 Linda Greenhouse
Review of John Paul Stevens' The Making of a Justice: Reflections on My First 94 Years.
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Restoring the Power of the Convening Authority to Adjust Sentences Michigan Law Review (IF 2.527) Pub Date : 2020-01-01 Jaocb Weaver
In 2013, Congress abrogated the power of certain military officers to reduce court-martial sentences, thereby eliminating a military defendant’s best hope for efficient and effective relief from common legal errors in the military justice system. While the overhaul of the Uniform Code of Military Justice (UCMJ) in 2016 promised significant reform, it ultimately failed to substantially reduce common
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Politics, Identity, and Class Certification on the U.S. Courts of Appeals Michigan Law Review (IF 2.527) Pub Date : 2020-01-01 Stephen Burbank,Sean Farhang
This Article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence class certification under Rule 23 of the Federal Rules of Civil Procedure. We find that the ideological composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes
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International Megan's Law as Compelled Speech Michigan Law Review (IF 2.527) Pub Date : 2020-01-01 Alexandra Genord
“The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(l).” International Megan’s Law (IML), passed in 2016, prohibits the State Department from issuing passports to individuals convicted of a sex offense against a minor unless those passports are branded with this phrase. The federal government's decision to brand
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Tax Policy and Our Democracy Michigan Law Review (IF 2.527) Pub Date : 2020-01-01 Clinton Wallace
Review of Anthony C. Infanti's Our Selfish Tax Laws: Toward Tax Reform That Mirrors Our Better Selves.
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Redefining Reproductive Rights and Justice Michigan Law Review (IF 2.527) Pub Date : 2020-01-01 Leah Litman
Review of Reproductive Rights and Justice Stories edited by Melissa Murray, Katherine Shaw, and Reva B. Siegel.
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The NCAA's Special Relationship with Student-Athletes as a Theory of Liability for Concussion-Related Injuries Michigan Law Review (IF 2.527) Pub Date : 2020-01-01 Tezira Abe
The National Collegiate Athletic Association (NCAA) is the primary governing body of college athletics. Although the NCAA proclaims to protect student-athletes, an examination of its practices suggests that the organization has a troubling history of ignoring the harmful effects of concussions. Over one hundred years after the NCAA was established, and seventy years after the NCAA itself knew of the
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A Suspended Death Sentence: Habeas Review of Expedited Removal Decisions Michigan Law Review (IF 2.527) Pub Date : 2020-01-01 Lauren Schusterman
Expedited removal allows low-level immigration officers to summarily order the deportation of certain noncitizens, frequently with little to no judicial oversight. Noncitizens with legitimate asylum claims should not find themselves in expedited removal. When picked up by immigration authorities, they should be referred for a credible fear interview and then for more thorough proceedings.Although there