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It’s Getting Hot in Here: Maine’s Right to Food as a Mechanism to Address the Impact of the Warming of the Gulf of Maine on Lobster
No full textIn United States v. Washington, the Ninth Circuit considered a series of treaties called the Stevens Treaties between the Washington state government and a group of twenty-one Native American nations in the pacific northwest. The court held that embedded in a treaty right to take fish was a promise by the Washington state government that fish would still exist in that region. This case ultimately required the state government to protect the region’s fish against environmental degradation. In the age of climate change, this case provides a model for states like Maine to impose a duty on the state government to prevent further environmental degradation. Maine is both particularly well-adapted to enjoy the benefits of the Washington precedent and vulnerable to climate change. The Gulf of Maine is warming faster than almost any other ocean surface on the planet. The accelerated warming along the coast of the state coupled with the state’s reliance on lobster as an economic resource makes the state of Maine particularly susceptible to the impacts of climate change if preventative measures are not taken. This Note analyzes the way Washington can be analogized to Maine’s constitutional right to food and the way that the inclusion of the term “harvest” imposes a duty on the state government to take affirmative steps to slow the warming of the Gulf of Maine
Will Biden’s Executive Order to Close the Border Win or Lose Votes?
No full textWe begin with President Biden’s Executive Order today allowing temporary border closures to migrants once the seven day average of illegal entries reaches 2,500 per day. Joining us to discuss this thorny issue for the White House is Margaret Hu, a Professor of Law and the Director of the Digital Democracy Lab at William & Mary Law School
Entertaining and Embracing Professional Identity Development in the 1L Legal Writing Curriculum
No full textWomen, the Law, and Sexual Assault: Why the Model Penal Code\u27s Ordinary Resolution Standard Furthers Victim Blaming
No full textIn Re: Petition of Katherine Anne P.., 140 Nev. Adv. Op. 37 (June 6, 2024)
No full textThe Nevada Supreme Court reviewed an appeal from a district court order that set aside an adoption decree. The Supreme Court found that the district court abused its discretion and reversed the order
SSRN New Submission Process for Michigan Law Research Paper Series (RPS)
No full textThis video recaps information shared in June 2024 information sessions. The information is current as of July 2024.
This 22 min video is intended for current Michigan Law Faculty who will be uploading papers on SSRN and would like to include their papers in one, or both, of the Michigan Law Research Paper Series – Public Law and Legal Theory or Law and Economics.
Slides from the information session are attached, but do not include the demonstration portion of the video.
Sarah Woloschuk, Scholarly Publishing Librarian, is the contact for any questions and for assistance, including access to our specialized submission links.https://repository.law.umich.edu/presentations/1001/thumbnail.jp
Deciphering the Traditional Property Interests Test for Property-Based Mail and Wire Fraud
No full textThe mail and wire fraud statutes are the “first line of defense” against fraudulent activities. Adaptable and broadly written, they are go-to tools in the white- collar prosecutor’s arsenal. But this flexibility has also raised concern about their expansive and indeterminate scope—leading the Supreme Court to eliminate certain honest-services theories of fraud and limit property-based theories of fraud to the protection of “traditional property interests.”
Unfortunately, the vagueness of the traditional property interests test has resulted in a confusing morass of inconsistent judgments. With limited guidance from the Supreme Court on how to conduct such an inquiry, lower courts have struggled to consistently determine whether alleged property interests are covered by these statutes. This has led to overturned convictions in high-profile mail and wire fraud cases ranging from the Varsity Blues college admission scandal to the Buffalo Billion bid-rigging scheme.
This Comment aims to aid courts conducting the traditional property interest analysis by synthesizing the Supreme Court’s property-based case law and proposing a hallmarks-of-property test. By providing structure to the currently amorphous analysis, the hallmarks-of-property test should minimize lingering constitutional vagueness concerns and provide increased deterrence to the would-be fraudsters across the United States
Should U.S. Tax Law Be Constitutionalized?
No full textMoore is the first Supreme Court case involving a constitutional challenge to a federal income tax law since Macomber, which was decided more than a century ago. Whatever way the Court rules, other such cases are likely to be brought and some of them may reach the Court. Moore won’t be the last case of its kind