Volume 84 Issue 1
— Fall 2006 —
Case Digests
Constitutional Law – Due Process
Federal Prosecution Following a Defendant’s Rejection of a State Plea Offer Does Not Violate Due Process or Constitute Vindictive Prosecution. United States v. Gray, 382 F.Supp 2d 898 (E.D. Mich. 2005).
by Melodee Henderson
Constitutional Law – First Amendment
City’s Demonstration Ordinance Is Unconstitutional because (1) Thirty-Day Notice Provision Is Not Narrowly Tailored, (2) Application to “Small Group Speech” Is Overboard and Not Narrowly Tailored, and (3) Strict Liability Unconstitutionally Infringes on Protected First Amendment Activity. American-Arab Anti-Discrimination Committee v. City of Dearborn, 418 F.3d 600 (6th Cir. 2005).
by Jonathan Burleigh
Constitutional Law – Searches and Seizures
Without Individualized Suspicion, a Strip Search of a Student Violated the Fourth Amendment. However, When the Law Does Not Clearly Establish the Unconstitutionality of the Search, the Search Official Is Entitled to Qualified Immunity. Beard v. Whitmore Lake School District, 402 F.3d 598 (6th Cir. 2005).
by Dominic Paluzzi
Criminal Procedure – Searches and Seizures
The Defendant Has No Reasonable Expectation of of Privacy in Regard to an Enclosed Porch. Statements made During a Custodial Interrogation Are Inadmissible Unless the Defendant Voluntarily, Knowingly, and Intelligently Waived His Fifth Amendment Right Against Self-Incrimination. People v. Tierney, 703 N.W.2d 204 (Mich. Ct. App. 2005).
by Michael A. Chichester, Jr.
Insurance Law – Contribution
Michigan Tort Reform’s Adoption of Several Liability Does Not Preclude an Insurer from Bringing an Action for Statutory Contribution Against Purported Joint Tortfeasors After Settling with the Injured Party. Gerling Konzern Allgemeine v. Lawson, 693 N.W.2d 149 (Mich. 2005).
by Kenneth H. Hemler
Intellectual Property Law – Copyright Infringement
Any Digital Sample of Music Taken from a Sound Recording Is Prohibited Under the Federal Copyright Statute, 17 U.S.C. § 114. Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792 (6th Cir 2005).
by Nicole Stafford
Labor and Employment Law – Disability Benefits
Pursuant to ERISA, the Fact that a Long-Term Disability Insurance Plan Participant Might be Capable of Sedentary Work Does Not Mean He Is Not Disabled. Kalish v. Liberty Mutual/Liberty Assurance Co. of Boston, 419 F.3d 501 (6th Cir. 2005).
by Natalia Kujan Gentry
Medical Malpractice – Requirements for Out-of State Affidavits of Merit
Signatures on Out-of-State Affidavits of Merit Must Be Certified by Clerk of court from Which Affidavit Issues. Aspey v. Memorial Hospital, 702 N.W.2d 870 (Mich. Ct. App. 2005).
by Erin M. Badovinac
Property Law – Eminent Domain
A Proposed Road that Will Mainly Be Used by a Private Party Is a Public Use Because the Public Retains the Right to Travel the Road Which is Controlled by the Public Entity. City of Novi v. Robert Adell Children’s Funded Trust, 701 N.W.2d 144 (Mich. 2005).
by David Kowalski
Tort Law – Negligence
There Is No Cause of Action for Medical Monitoring, Based on Negligence, Absent a Present Physical Injury. Henry v. Dow Chemical Co., 701 N.W.2d 684 (Mich. 2005).
by Francine Nesti
Tort Law – Settlement Agreements
With “Mary Carter-Style” Agreements, Fairness Served by Disclosure to the Jury Must be Weighed Against the Countervailing Interests of Encouraging Settlements. Hashem v. Les Stanford Oldsmobile, Inc., 697 N.W.2d 558 (Mich. Ct. App. 2005).
by Jessica McGrath
Workers Compensation – Specific Loss Benefits
The Michigan Supreme Court Gives Its Citizens a Hand; for Specific Loss Benefits, a Limb Only Needs to Lose Its Usefulness. Cain v. Waste Management, Inc., 697 N.W.2d 130 (Mich. 2005).
by Ryan D. Streefkerk
Volume 84 Issue 2
— Winter 2007 —
Articles
Immigration Control: A Catholic Dilemma?
by March Carter Stith
Precedent and Procedural Due Process: Policymaking in the Federal Courts
by Sarah A. Maguire
Notes
The Twenty-first Amendment Accommodates the Dormant Commerce Clause: Did the Supreme Court Awaken a Sleeping Giant with Its Decision in Granholm v. Heald?
by Michael A. Chichester, Jr.
Michigan’s Proposed Constitutional Amendment in Response to Kelo: Adequate Protection Against Eminent Domain Abuse or False Hope to Private Property Owners?
by Kenneth H. Hemler
Publicity Rights in Michigan: A Set of Considerations for Moving Right of Publicity Legislation to the Front of the Bus
by Melodee Henderson
Exempting the Protection Out of Michigan’s Consumer Protection Act: A Call for Returning Consumer Protection to the Act
by Scott Thomas O’Neal
Volume 84 Issue 3
— Spring 2007 —
Articles
The Centrality of Information in Legal Opt-Out
by Chiawen C. Kiew
Recharacterizing Separate Property at Divorce
by Elijah L. Milne
Comments
Red State, Blue State, No State?: Examining the Existence of a Congressional Power to Remove a State
by David Kowalski
Michigan’s Sex Offender Registration Act: Does it Make Communities Safer? The Implications of the Inclusion of a Broad Range of Offenders, a Review of Statutory Amendments and Thoughts on Future Changes
by Kari Melkonian
Grandma Gets Devoured All Over Again and This Time the Huntsmen Is Not Around to Save Her: An Analysis of Michigan’s Grandparent Visitation Statute and a Comparison with Statutes of Other Jurisdiction
by Stephanie O’Connor
The Ninth Amendment and America’s Unconstitutional War on Drugs
by Kevin S. Toll
Volume 84 Issue 4
— Summer 2007 —
Articles
Ma, Ma, Where’s My Pa? On Your Jury, Ha, Ha, Ha! A Constitutional Analysis of Implied Bias Challenges for Cause
by William P. Barnette
The Supreme Court and the Future of Marriage
by Stephen L. Mikochick
Note
Don’t Fence Me Out: What Are the Rights and Responsibilities of the Public and Riparian Landowners After Glass v. Goeckel
by Jonathan Burleigh
Comments
Coping with the Specter of Urban Malaise in a Postmodern Landscape: The Need for a Detroit Land Bank Authority
by Thomas Gunton
The Federal Circuit: During Its Quarter-Century Existence, It Has Increasingly Positioned Itself as the Last Word in Patent Litigation, at the Expense of Uniformity, Predicability and Cost. Will the “Super Juror” Learn from Its Mistakes?
by Francine Nesti
Lose the Distinction: Internet Bloggers and First Amendment Protection of Libel Defendants – Citizen Journalism and the Supreme Court’s Murky Jurisprudence Blur the Line Between Media and Non-Media Speakers
by Nicole A. Stafford
Volume 84 Issue 5
— Summer 2007 —
McElroy Lecture
Law, Islam, and the Future of the Middle East
by Noah Feldman
Articles
Change and Authority in Islamic Law: The Islamic Law of Inheritance in Modern Muslim States
by Yasir Billoo
Sexual Morality: An Analysis of Dominance Feminism, Christian Theology, and the First Amendment
by Jeffrey M. Bryan
The Influence of Catholicism, Islam and Judaism on the Assisted Reproductive Technologies (“ART”) Bioethical and Legal Debate: A Comparative Survey of ART in Italy, Egypt and Israel
by Mary Rodgers Bundren
Qatar: The Pearl of the Middle East and Its Role in the Advancement of Women’s Rights
by Michael B. Dye
The French Headscarf Law and the Right to Manifest Religious Belief
by Mukul Saxena
