Online Journal

The Detroit Mercy Law Online Journal provides articles on timely issues in our city, state and nation.  Below are some of the most recent articles.

Recent 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

Call for Articles

The University of Detroit Mercy Online Law Journal offers rapid turnaround and publication of shorter length articles (1,000–5,000 words) on any legal topic. Please send your manuscript to lawreview@udmercy.edu.

The subject line should read, “Online Law Review Submission.”