Online Journal Full List of Articles

The Detroit Mercy Law Online Journal provides articles on timely issues in our city, state and nation. All available articles are listed here. To submit an article, see our Call for Articles information.

Online Journal articles

Establishing Corporate Criminal Liability for Crimes Against Humanity
By Harshit Rai

A pervasive culture of impunity surrounds corporate involvement in grave international crimes. Presently, there is no international mechanism to punish corporations for serious international crimes, as the jurisdiction of the International Criminal Court (“ICC”) does not permit holding legal persons criminally liable.

Recommended Citation Harshit Rai, Establishing Corporate Criminal Liability for Crimes Against Humanity, 97:4 U. Det. Mercy L. Rev. Online 1

Favoring And Disfavoring Religion In Law
By Sohail Wahedi

This essay discussed the question whether the law should treat religion in a special way because it is religion, either for the purposes of favoring or disfavoring religion in law.

Recommended Citation Sohail Wahedi, Favoring And Disfavoring Religion In Law, 97:4 U. Det. Mercy L. Rev. Online 1

“Thinking like a Lawyer: A Back to the Future Proposal for a Practitioner Based and Taught Pedagogy”
By Professor Michael Maslanka

An innocuous title for a radical proposal. A proposal that, to borrow the movie title, will take us Back to The Future. This Article proposes that how we currently teach law students to “think like a lawyer,” if at all, is not working. And I use this definition of “think”: “use one’s mind to actively form connected ideas…to direct one’s mind towards something.”

Recommended Citation Professor Michael Maslanka, “Thinking like a Lawyer: A Back to the Future Proposal for a Practitioner Based and Taught Pedagogy”, 97:4 U. Det. Mercy L. Rev. Online 1

Defining Violent Felonies under the Armed Career Criminal Act after Stokeling v. United States
By Bailey D. Barnes

In 2015, Denard Stokeling, the Petitioner, “pleaded guilty to possessing a firearm and ammunition after having been convicted of a felony.” Upon entering the plea, the United States Probation and Pretrial Services Office recommended that the District Court sentence Mr. Stokeling to fifteen years in prison as an armed career criminal under the Armed Career Criminal Act.

Recommended Citation Bailey D. Barnes, Defining Violent Felonies under the Armed Career Criminal Act after Stokeling v. United States, 97:4 U. Det. Mercy L. Rev. Online 1

A Law Student Prepares: Bringing Theater into a Law School Curriculum
By Samantha Buck

The importance of integrating theater into law school curriculum.

Recommended Citation Samantha Buck, A Law Student Prepares: Bringing Theater into a Law School Curriculum, 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

This article seeks to show how Michigan Department of Education’s complaint procedures are inconsistent with the Individuals with Disabilities Education Act of 2004 (IDEA) and the Michigan Administrative Rules for Special Education (MARSE), and recommend reforms for improving the system.

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

Women’s Rights in the Workplace: The Struggle Is Still Real
By Kirsten J. Silwanowicz

A look at where women’s rights in the workplace are now.

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

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 traces the history of the Bill of Attainder Clause, including its origins from English law, U.S. case law, and various commentaries and scholarship.

Recommended Citation Alina Veneziano, 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, 97:2 U. Det. Mercy L. Rev. Online 1

Hernandez v. Whitaker: Because We Said So
By Danil E. Vishniakov

In a succession of published and unpublished decisions, the U.S. Court of Appeals for the Sixth Circuit has unjustifiably mischaracterized Michigan’s "felonious assault" statute and ultimately held that felonious assault is not a crime involving moral turpitude. The Sixth Circuit should reconsider its decision in Hernandez v. Whitaker.

Recommended Citation Danil E. Vishniakov, Hernandez v. Whitaker: Because We Said So, 97:1 U. Det. Mercy L. Rev. Online 102

Opening the Floodgates: Repealing Certificate of Needs Laws Could Drown Nursing Home Care
By Brendan Williams

Although ‘certificate of need’ (CON) laws sweep up other health care services, especially hospitals, this article focuses particularly upon the fraught economics of nursing home care relative to CON laws in arguing that such laws should be maintained.

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

How Sensory Processing Sensitivity Affects Juror Decision-Making
By Michael Conklin & Cheryl Stenmark

This essay reports the findings of a first-of-its kind study designed to measure how Sensory Processing Sensitivity (SPS) affects juror decision-making. The findings support the hypothesis that the verdicts of Highly Sensitive People are uniquely affected by certain trial characteristics. The novel results are highly relevant to trial attorneys, jury selection specialists, criminal justice reform advocates, and legal scholars. Furthermore, the findings invite future research into the relationship between SPS and jury verdicts.

Recommended Citation Michael Conklin & Cheryl Stenmark, How Sensory Processing Sensitivity Affects Juror Decision-Making, 97:2 U. Det. Mercy L. Rev. Online 1

Immigration Update: The History and Impact of the Newly Defined 'Public Charge'
By Shane Kumar & Kayley C. Leon

This article discusses the 2020 amendment to the definition of a 'public charge' under the Immigration and Nationality Act, which renders non-citizens determined to be public charges inadmissible into the U.S. This change has led to disagreement among politicians, public confusion and has left U.S. immigration in a state of flux.

Recommended Citation Shane Kumar & Kayley C. Leon, Immigration Update: The History and Impact of the Newly Defined 'Public Charge', 97:2 U. Det. Mercy L. Rev. Online 1

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

A major risk in the marijuana industry is inability of marijuana professionals to file for the protections of bankruptcy.

Recommended Citation Brittany Byrnes, Stirring the Bankruptcy Pot, 96:1 U. Det. Mercy L. Rev. Online