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Online Journal

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.”

Volume 97

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

At a time of record-low nursing home occupancy, and with federal data showing the average nursing home operating at a nearly-zero margin, the Trump Administration is advocating more nursing home beds. Arguing that competition will drive consumer choice and quality, the Administration has proposed that states eliminate Certificate of Need (CON) laws that, in most states, restrict the ability of health care providers to build new infrastructure such as hospitals or nursing homes.

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.

Hernandez v. Whitaker: Because Se 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."

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.

Complaint Conflicts: How Michigan's State Complaint Oversight Fails to Protect Students with Disabilities
By Emily 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.

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

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. 

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.

Past Issues

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    Volume 96

    Volume 96

    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.