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Volume 30 | Number 3 | Michaelmas Term 2013 - Krinock Lecture Series

Lectures

Unconventional Responses to Unique Catastrophes: Tailoring the Law to Meet the Challenges
Kenneth Feinberg

The Special Master of the Federal September 11 Victim Compensation Fund discusses his role in distributing awards to victims of various tragedies. While the system has worked in the past, he ultimately concludes that it is not perfect and may not be the best model for the future.

Legislation New Zealand Style and U.S. Style: The Case of Inheritance Law
Hon. Sir Grant Hammond

A New Zealand judge discusses inheritance law in New Zealand and in the United States. The lecture compares the two schemes and focuses on the principle of testamentary freedom.

Class Action Devils and Angels
Justice Paul M. Perell

An Ontario Superior Court justice highlights the good and bad qualities of class-action lawsuits. He analyzes the arguments of the critics and proponents, and he focuses on the rule of the judiciary in these lawsuits.

Distinguished Briefs

Distinguished Brief Award is given in recognition of the most scholarly briefs filed before the Michigan Supreme Court, as determined by a panel of eminent jurist. Three briefs are chosen each year and printed in the Thomas M. Cooley Law Review.

Speech Transcripts

Thomas M. Cooley Law Review Distinguished Brief Award Remarks
Justice Stephen J. Markman

Justice Markman delivers the keynote speech at the Distinguished Brief Awards Ceremony.  He celebrates this occasion by discussing appellate practice in the Michigan Supreme Court and giving invaluable advice for effective advocacy.

Despite all of these temptations to append gratuitous statements, we rarely engage in such extracurricular communications. But of course, it is necessary for all of you to understand, as I believe that you so, that good briefs do change judicial minds.

Case Name:

PEOPLE OF THE STATE OF MICHIGAN
Plaintiff-Appellee,
v.
DAVID MARK COLE
Defendant-Appellant.

J.J. Prescott, Miriam J. Aukerman, Michael J. Steinberg, Kary L. Moss, and John R. Minock

This amicus brief on behalf of the Criminal Defense Lawyers of Michigan and the American Civil Liberties Union (ACLU) of Michigan argues that defendants accused of first- or second-degree criminal sexual conduct in Michigan must be made aware that pleading guilty will result in mandatory, lifetime electronic monitoring after their release in order for any plea to be valid under Michigan law and the U.S. Constitution. As the brief documents at length, lifetime electronic monitoring imposes severe physical, financial, and social burdens, and these disabilities and restraints are unrelated to or vastly excessive when compared to any reasonable non-punitive governmental interest.

Case Name:

PEOPLE OF THE STATE OF MICHIGAN
Plaintiff-Appellee,
v.
KADEEM DENNIS WHITE
Defendant-Appellant.

Bradley Hall, John R. Minock, Steven A. Drizin, and Laura Nirider

The Criminal Defense Attorneys of Michigan and the Center on Wrongful Convictions of Youth collaborated on an amicus curiae brief in support of rehearing in People v. White. This case involved an interrogating police officer’s statements appealing to the conscience of a seventeen-year-old suspect who had invoked his right to silence under Miranda. The Michigan Supreme Court held that the officer’s comments did not amount to the functional equivalent of express questioning under Rhode Island v. Innis, thus a subsequent confession was admissible. This brief argues in favor of greater protections for juveniles in the custodial-interrogation setting, highlighting the particular vulnerabilities of youth and the troubling frequency of juvenile false confessions.

Case Name:

MICHIGAN PROPERTIES, LLC,
Petitioner-Appellee,
v.
MERIDIAN TOWNSHIP,
Respondent-Appellant

Bill Schuette, John J. Bursch, Richard A. Bandstra, and Matt Hodges

In Michigan Properties, the Michigan Supreme Court asked whether a local assessor retains the power to adjust a property’s taxable value if he mistakenly fails to make the proper adjustment in the year immediately following a transfer of ownership. The court agreed with the Michigan State Tax Commission that the answer to that question is yes.

Comments

Modification of Child Support for Business Owners and Self-employed Individuals: Balancing the Interests of the Child with the Means of the Parents
Stephen Madej

The Michigan Friend of the Court Bureau devoted an entire subsection of the 2013 Michigan Child Support Formula to assist trial courts in determining income for business owners and self-employed individuals. But this subsection merely provided the trial court with factors to determine when considering income, while failing to address that business owners have control over, and incentive to manipulate, their compensation, assets, and business records. As a result, child-support awards fail to meet the interests of our children.

Protecting the Worst Among Us: A Narrow Quarles Public-Safety Exception in the Boston Bombing and Other Terror Investigations
Christopher R. Schaedig

This Comment considers the public-safety exception to the Miranda requirements and, specifically, how the exception applies to the FBI’s 16-hour pre-Miranda interrogation of suspected Boston Marathon bomber Dzhokhar Tsarnaev. It details the history of the public-safety exception from its genesis in New York v. Quarles to the recent high-profile domestic-terror cases of Umar Farouk Abdulmutallab and Faisal Shahzad. While evaluating argument for a less restrictive reading or an outright elimination of the public-safety exception (as has been advocated by many politicians in the wake of domestic terror attacks) and for a narrow reading, this Comment argues that the narrower reading’s benefits outweigh its potential costs; such a reading preserves the constitutional rights of the accused, promotes faith and certainty in the system, and would not result in increased danger to the public.

Volume 30 | Number 2 | Trinity Term 2013 - Best Practices

Articles

Best Practice: Leadership

Leaving a Legacy of Excellence on Your Law Review
William Wagner

Follow the Leader
Laurel Romanella

Cream of the Crop: Interviewing and Selecting for Success
Scott R. Harrison

Mentoring in Your Journal for School and Career
Nicole Sciotto & Peter Tsoflias

Intraschool Journal Relations
Graham Boswell, Lisa Hackett, Nicholas Standiford, Zach Brown, & Monique Patton

Recreating Your Organizational Structure
Taryn Lamme

Best Practice: Article Solicitation

The New Haven School of Thought—A Focused Foundation in Article Analysis
Lauren M. Smith

Publishing to a Global Audience
Paul Carrier & William Wagner

Publishing to a Global Audience
David L. Finnegan

Publishing to a Global Audience Q&A Session
Paul Carrier, David L. Finnegan, & William Wagner

Stop Waiting for Godot: Proactive Solicitations
Sarah Fuhrman

Alternatives to Articles
Sarah Fuhrman & Colin Maguire

Social Media for Law Journals
Steven W. Kranz

Unleashing Law Reviews onto Social Media: Preventing Mishaps with a Social-Media Policy
Cathryn Rudolph

Best Practice: Editing

How to Dominate Your Reader—And Make Stewie Griffin Proud
Joseph Kimble

Tips for Better Writing in Law Reviews (And Other Journals) Tips
Joseph Kimble

Streamlining the Editing Process
Edward M. O’Brien & Spencer J. Brooks

Moving to Electronic Editing
Joshua A. Rummel & Taryn Lamme

Best Practice: Publishing

Transforming Your Law Review from Print to Digital
Kristen E. Brierley & John E. Fries

Law Journals and Emerging Publishing Technology
Tim Hurd

Best Practice: Third-Party Relations

Author Relations
Rick Bales

How Law Librarians Can Help Create a Law Review Library for Cite Checking
Jamie J. Baker

How Law Librarians Can Assist with Law Journal Publication Agreements
Jamie J. Baker

Cite-Checking Boot Camp: How Librarians Can Help the Cite-Checking Process Run Smoothly
Barbara H. Bean

Libraries Can Help: Institutional Repositories
Yolanda P. Jones

Using TWEN to Manage Your Law Review
Erin Jensen

The Paperless Law Review
Matthew R. Amon



Volume 30 | Number 1 | Hilary Term 2013
Symposium Edition

From the Editor
Erin Van De Putte

In Loving Memory Dawn C. Beachnau 2/5/38–7/12/13

Keynote Address
U.S. Ambassador Luis CdeBaca

Symposium Response Articles

Eroding Freedom’s Foundation: Human Trafficking and the Threat to American Principle
Staff of the Michigan Department of Attorney General

The Corporate Lawyer, Human Trafficking, and Child Labor: Who’s in Your Supply Chain?
E. Christopher Johnson, Jr.

Articles

Alert: Be on the Lookout for Protection Orders in the Educational Setting
Tanya M. Marcum and Catherine Davies Hoort

Sackett v. EPA Six Months Out: A Wide-Ranging Effect with an Uncertain Significance
Colin W. Maguire 


Volume 29 | Number 3 | Michaelmas Term 2012

Articles

Don't Tase Me Bro: A Lack of Jurisdictional Consensus Across Circuit Lines
Bailey Jennifer Woolfstead

The Symbolism of the Federal Rules of Evidence--The Created, the Fallen, and the Redeemed
Nelson P. Miller, Curt A. Benson, & Christopher G. Hastings

Response

The Past is the Waste Land on which to Build the Future: A Composer's Response to "Blanch it, Mix it, Mash it: A Fair-use Framework for the Mashup"
Benjamin Fuhrman


Volume 29 | Number 2 | Trinity Term 2012

Articles

Breaking the Siege: Restoring Equity and Statutory Intent to the Process of Determining Qui Tam Relator Awards Under the False Claims Act
Joel D. Hesch

Speech Transcripts

REMARKS, JULY 11, 2012, LANSING, MI. COOLEY LAW REVIEW DISTINGUISHED BRIEF AWARDS
Chief Justice Robert P. Young, Michigan Supreme Court (speech)

Distinguished Briefs

Case Name:
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v.
SELESA A. LIKINE,
Defendant-Appellant.

Legal Counsel:
Bridget McCormack and David Moran

Case Name:
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v.
JEROME WALTER KOWALSKI,
Defendant-Appellant.

Legal Counsel:
David W. Ogden, Daniel S. Volchok, and Sonya L. Lebsack

Case Name:
RESIDENTIAL FUNDING CO, LLC, f/k/a RESIDENTIAL
FUNDING CORPORATION,
Plaintiff-Appellant,
v.
GERALD SAURMAN,
Defendant-Appellee.
BANK OF NEW YORK TRUST COMPANY,
Plaintiff-Appellant,
v.
COREY MESSNER,
Defendant-Appellee.

Legal Counsel:
Aaron D. Lindstrom, James H. Breay, and Matthew T. Nelson

Volume 29 | Number 1 | Hilary Term 2012

Articles

Community-Based Redistricting: A New Standard
Robert D. DeVries

Improving Michigan Estate Settlement
John H. Martin

Cross-Border Insolvency & The Eligibility of Indian Tribes to Use Chapter 15 of the Bankruptcy Code
Blake F. Quakenbush



Volume 28 | Number 3 | Michaelmas Term 2011

Articles

Body Armor and the Law: A Survey of Current Federal and State Statutes
Drew A. Swank

A Primer on the History and Proper Drafting of Qualified Domestic-Relations Orders
Terrence Cain

Comments

Blanch It, Mix It, Mash It: A Fair Use Framework for the Mashup
Daniel Cherry

Distinguished Briefs

Case Name:
CHRISTOPHER LEE DUNCAN, BILLY JOE BURR, JR., STEVEN CONNOR, ANTONIO TAYLOR, JOSE DAVILA, JENNIFER O’SULLIVAN,CHRISTOPHER MANIES, and BRIAN SECREST, on behalf of themselves and all other similarly situation, Plaintiff-Appellees,
v.
STATE OF MICHIGAN and JENNIFER M. GRANHOLM, Governor of the State of Michigan, Sued in her official capacity, A Michigan Corporation, Defendants-Appellants

Legal Counsel:
Robin L. Dahberg, Frank D. Eaman,
Mark Granzotto, Yelena Konanova,
Julie A. North, Sarita S. Prabhu,
Kavita B. Ramakrishnan, Jessie Rossman,
Michael J. Steinberg, and Robert B. Wilcox Jr


Case Name:
THOMAS JOHN SHAY, Plaintiff-Appellant,
v.
JOHN ALDRICH, WILLAM PLEMONS, and J. MILLER, Defendants-Appellees,
and
ALLEN PARK POLICE OFFICERS ALBRIGHT and LOCKLEAR, Defendants

Legal Counsel:
Mark R. Bendure


Volume 28 | Number 2 | Trinity Term 2011

Krinock Lecture Series Speakers

Justice John Paul Stevens (Ret.)

Howard S. Schiffman

Stephen Todd

Articles by

Justice Thomas E. Brennan (Ret.)

Lewis Langham, Jr.

Dan Sheaffer

Comments by

Heidi D. Spiessl

Book Review by

Adam Dutkiewicz

Distinguished Brief by

Daniel B. Tukel

BRANDON BRIGHTWELL,
Plaintiff-Appellant,
v.
FIFTH THIRD BANK of MICHIGAN,
Defendant-Appellee,

SHARON CHAMPION,
Plaintiff-Appellant,
v.
FIFTH THIRD BANK of MICHIGAN,
Defendant-Appellee.


Volume 28 | Issue 1 | Hilary 2011 - Symposium Edition

Speech Transcripts

You Were There
Justice Thomas E. Brennan

The State-Application-and-Convention Method of Amending the Constitution: The Founding Era Vision
Robert G. Natelson

The Article V Convention: Discussing the Reality Versus the Fantasy
Bill Walker

Constitutional Traitors
Joel S. Hirschhorn

Article V Symposium
William H. Fruth

Symposium Response Comments

A Response to Justice Thomas Brennan's Remarks at the
Thomas M. Cooley Law School Article V Symposium

William Van Alstyne

The Case for Calling an Article V Convention
Paul D. Carrington

Articles

Art or Assets: University Museums and the Future of Deaccessioning
Christian H. Brill

A Look at the Constitutional Implications of Retrospective Laws: The Case of the False Claims Act
Monica P. Navarro

Comments

Michigan's Texting Ban: One Step Forward, Too Many Steps Back
Thomas B. Falkner III



Volume 27 | Number 2 | Michaelmas Term 2010

Articles

A Narrow Extension of Good Faith to Police Reliance on Settled Case Law: The Crossroads of Gant and Herring
Zachary C. Larsen

The Business Judgment Rule and Sphere Sovereignty
Lael Daniel Weinberger

My Doctor Made Me Crazy: Can a Medical-Malpractice Plaintiff Allege Psychological Damages Without Making Credibility the Issue
Brendan T. Beery

Comment

Protecting Our Past: The Need for Uniform Regulation to Protect Archaeological Resources
Gabrielle Paschall

Distinguished Briefs

Tracy Edry v. Marc Adelman and Marc Adelman, DO, PC
John J. Bursch, Matthew T. Nelson, and Julie Lam

Edith Kyser v. Kasson Township, a Michigan General Law Township
Christopher M. Bzdok and Michael C. Grant

Death Penalty Transcript

Transcript from the International Leadership Conference on Human Rights and the Death Penalty held December 6–7, 2005 in Tokyo, Japan. The conference was recorded without the intent to publish. Due to this, there may be errors in the translation. If you see a blank space, it is because the recording could not be properly translated or the person speaking wishes not to be identified. In addition, because the conference took place in 2005, the biographies you see for certain speakers indicate the position they held in 2005.

Volume 27 | Number 1 | Hilary Term 2010

Articles

Juror Expectations for Scientific Evidence in Criminal Cases: Perceptions and Reality About the "CSI Effect" Myth
Hon. Donald E. Shelton

Dealing with Supposed Jury Preconceptions About the Significance of the Lack of Evidence: The Difference Between the Perspective of the Policymaker and That of the Advocate
Edward J. Imwinkelried

Lawyered Up: A Book Review Essay
Charles N. W. Keckler

Deciphering Two Related Concepts: No-Fault PIP Causation Law and the Decision in Griffith v. State Farm
George T. Sinas & Stephen H. Sinas

Comment

The Aftermath of Melendez: Highlighting the Need for Accreditation-Based Rules of Admissibility for Forensic Evidence
Beth A. Riffe

Distinguished Brief

United States Fidelity Insurance & Guaranty Company, a foreign corporation, v. Michigan Catastrophic Claims Association, a non-profit Catastrophic Claims Association
George T. Sinas, Liisa R. Speaker, & Steven A. Hicks


Volume 26 | Number 3 | Michaelmas Term 2009

Articles

THE ESTABLISHMENT CLAUSE IN 2009: A BASELINE FOR MEASURING CHANGE
Daniel R. Ray

THE EFFECTS OF ELIMINATING THE CONCEPT OF FOURTH AMENDMENT STANDING--THIRTY YEARS IN HINDSIGHT
Robert H. Whorf

BEYOND THE MODEL RULES: ARISTOTLE, LINCOLN, AND THE LAWYER'S ASPIRATIONAL DRIVE TO AN ETHICAL PRACTICE
William T. Ellis & Billie J. Ellis

ROSCOE POUND, MARVIN BELLI, AND THE PERSONAL-INJURY BAR: THE TALE OF AN ODD COUPLING
Joseph A. Page

APPORTIONING LIABILITY IN ASBESTOS LITIGATION: A REVIEW OF THE LAW IN KEY JURISDICTIONS
Laura Kingsley Hong & Robert E. Haffke

ASBESTOS LITIGATION SCREENING CHALLENGES: AN UPDATE
Mark A. Behrens

Distinguished Briefs

ROBERT E. BENEFIEL V. AUTO-OWNERS INSURANCE COMPANY
JOHN J. BURSCH & GAETAN GERVILLE-REACHE

ANDREW LUCIAN BAVAS ET AL. and INDIANA MICHIGAN POWER CO. ET AL. and DANIEL JOHNSON ET AL.
SCOTT A. DIENES, PHILLIP J. DEROSIER, KEVIN J. O'DOWD, & JEFFREY V. STUCKEY


 

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Current Volume

2014

Volume 31 | Number 1 | Hilary Term 2014

Archived Volumes

2013

Volume 30 | Number 3 | Michaelmas Term
Volume 30 | Number 2 | Trinity Term
Volume 30 | Number 1 | Hilary Term

2012
Volume 29 | Number 3 | Michaelmas Term
Volume 29 | Number 2 | Trinity Term
Volume 29 | Number 1 | Hilary Term

2011
Volume 28 | Number 3 | Michaelmas Term
Volume 28 | Number 2 | Trinity Term
Volume 28 | Number 1 | Hilary Term

2010
Volume 27 | Number 2 | Michaelmas Term

Volume 27 | Number 1 | Hilary Term

2009
Volume 26 | Number 3 | Michaelmas Term