How Sensory Processing Sensitivity Affects Juror Decision-Making
By: Michael Conklin, Cheryl Stenmark
Immigration Update: The History and Impact of the Newly Defined ‘Public Charge’
By: Shane Kumar, Kayley C. Leon
From English Law?and Blackstone to Modern Jurisprudence: A Survey of the Interpretation and Changes to the Bill of Attainder Clause of the U.S. Constitution?
By: Alina Veneziano
This article is about the evolving interpretations of the Bill of Attainder Clause of the U.S. Constitution.? The interpretation of the Bill of Attainder Clause has strayed significantly from that used by English law and found in the writings of early commentators such as Blackstone.
Factors such as punishment and specificity no longer hold the same meaning to the judiciary as they had once retained.? Complicating matters more is the possibility that public policy purposes asserted by Congress could negate a possible Bill of Attainder violation. The extent to which this can occur and be accepted by the Supreme Court remains a mystery.? The objective of this article is to highlight this trend with examples from case law and scholarship.
Opening the Floodgates: Repealing Certificate of Needs Laws Could Drown Nursing?Home?Care
By: Brendan Williams
Opposition to CON laws has been driven by conservative “think tanks.” This article focuses on the precarious economics of the nursing home sector to argue that a “free market” approach cannot be taken to a sector that is so heavily-regulated and under-funded by government. It warns that the repeal of CON laws could have disastrous consequences for an already-beset health care sector, and even adversely impact home-and-community-based services.
Recommended?Citation:?Brendan Williams, Opening the Floodgates: Repealing Certificate of Needs Laws Could Drown Nursing?Home?Care, 97:2 U. Det. Mercy L. Rev. Online 1
Hernandez v. Whitaker: Because We Said So
By: Danil E. Vishniakov
This brief online article examines the U.S. Court of Appeals for the Sixth Circuit decision in Hernandez v. Whitaker and recommends that the Sixth Circuit reconsider its analysis and conclusion that Michigan’s felonious assault is not a crime involving moral turpitude.”
Recommended?Citation: Danil E. Vishniakov, Hernandez v. Whitaker: Because We Said So, 97:1 U. Det. Mercy L. Rev. Online 102
Women’s Rights in the Workplace: The Struggle is Still Real
By: Kirsten J. Silwanowicz
Discrimination against women on the basis of sex has existed in the workplace since women began entering the workforce. Many laws have been enacted that prohibit sex-based discrimination, however, the struggle still exists for women to achieve equal treatment at work. This paper examines these laws and many new proposed federal and state laws to help bridge the gap to achieve equality in the workplace for women.
Recommended?Citation:?Kirsten J. Silwanowicz, Women’s Rights in the Workplace: The Struggle is Still Real, 97:1 U. Det. Mercy L. Rev. Online 102
Complaint Conflicts: How Michigan’s State Complaint Oversight Fails to Protect Students with Disabilities
By: Emily B. Garcia
The Individuals with Disabilities Education Act (IDEA) was enacted in order to provide students with disabilities equal access to public education. As such, IDEA provides certain complaint procedures that states must follow when a student in special education feels that her school has failed to provide her equal access. Complaint procedures in Michigan fall short of the standard set forth by IDEA. This article explores these problems and provides suggestions for how Michigan can improve its special education complaint process.
Recommended?Citation:?Emily B. Garcia, Complaint Conflicts: How Michigan’s State Complaint Oversight Fails to Protect Students with Disabilities, 97:1 U. Det. Mercy L. Rev. Online 102
This paper will explore the intersection between law school and theatre. ?Oftentimes, law school curricula is ?wholly focused on doctrinal courses and bar tested content however there is also a need to educate students on the finer details of lawyering that do not come from an understanding of the law. ?Theatrical training is one component that law schools should incorporate into curriculum to aid in training students how it “feels” to be a lawyer and the importance of technical skills.
Recommended?Citation: Samantha Buck, A Law Student Prepares: Bringing?Theatre?into a Law School Curriculum, 97:1 U. Det. Mercy L. Rev. Online 102
The Legislative History of the Treatment of Military Working Dogs in the United States
By: Kayley Cheyenne Leon
The treatment of Military Working Dogs (MWDs) by the American government has transformed drastically over the years.??Recent provisions aim to further protect the animals, though formal military recognition has yet to be implemented.?This Essay addresses legislative changes concerning MWDs and advocates for the addition of further measures to recognize the animals’ contributions.
Recommended?Citation:?Kayley Cheyenne Leon, The Legislative History of the Treatment of Military?Working Dogs in the United States, 97:1 U. Det. Mercy L. Rev. Online 102
Stirring the Bankruptcy Pot
by Brittany Byrnes
In light of the upcoming election on November 6, 2018, this Article discusses the realities that marijuana-related businesses, and those that rely on them, face when filing for bankruptcy protection. ? As the legalization of marijuana sits on the upcoming Michigan ballot, businesses and practitioners must be aware that if even legal under relevant state law?does not extend bankruptcy protection to these operations under the federal bankruptcy code.
Recommended?Citation:?Brittany Byrnes, Stirring the Bankruptcy Pot, 96:1 U. Det. Mercy L. Rev. Online 1