Michigan Law Review最新文献_第2页

Recognizing the Right to Family Unity in Immigration Law 承认移民法中的家庭团聚权

IF 2.7 2区社会学

Michigan Law Review Pub Date : 2023-01-01 DOI: 10.36644/mlr.121.4.recognizing

Eugene Lee

引用次数: 0

The Death Knell and the Wild West: Two Dangers of Domestic Discovery in Foreign Adjudications 丧钟与狂野西部:国外审判中国内发现的两种危险

2区社会学

Michigan Law Review Pub Date : 2023-01-01 DOI: 10.36644/mlr.122.1.death

Shay Collins

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引用次数: 0

The Geography of Unfreedom 《不自由的地理

IF 2.7 2区社会学

Michigan Law Review Pub Date : 2023-01-01 DOI: 10.36644/mlr.121.6.geography

A. Eisenberg

引用次数: 0

Sisters Gonna Work It Out: Black Women as Reformers and Radicals in the Criminal Legal System 姐妹们要解决问题:黑人女性在刑事法律体系中的改革者和激进分子

IF 2.7 2区社会学

Michigan Law Review Pub Date : 2023-01-01 DOI: 10.36644/mlr.121.6.sisters

Paul Butler

引用次数: 0

Nepantla/Coatlicue/Conocimiento Nepantla Coatlicue /知识

IF 2.7 2区社会学

Michigan Law Review Pub Date : 2023-01-01 DOI: 10.36644/mlr.121.6.nepantla

G. Torres

引用次数: 0

Title VII’s Failures: A History of Overlooked Indifference 第七修正案的失败:一段被忽视的冷漠史

2区社会学

Michigan Law Review Pub Date : 2023-01-01 DOI: 10.36644/mlr.121.8.title

Elena Meth

{"title":"Title VII’s Failures: A History of Overlooked Indifference","authors":"Elena Meth","doi":"10.36644/mlr.121.8.title","DOIUrl":"https://doi.org/10.36644/mlr.121.8.title","url":null,"abstract":"Nearly sixty years after the adoption of Title VII and over thirty since intersectionality theory was brought into legal discourse by Professor Kimberlé Crenshaw, the U.S. Supreme Court has consistently failed to meaningfully implement intersectionality into its decisionmaking. While there is certainly no shortage of scholarship on intersectionality and the Court’s failure to recognize it, this remains an overlooked failure by the Supreme Court. This Note proceeds in three parts. Part I provides an overview of Title VII and intersectional discrimination theory. I then explain how the EEOC and the Supreme Court have historically handled intersectional discrimination cases. Part II compares and contrasts some of the most influential feminist, political, and legal theories on sex discrimination with intersectionality. Though these theories might seem incompatible, I then offer a brief discussion of how they can be understood in concert. I also explain how the Court can improve its Title VII decisionmaking. Part III provides a framework for courts, plaintiffs, and defendants in Title VII discrimination cases to incorporate intersectional theory and, most importantly, to recognize the unique harms experienced by plaintiffs bringing Title VII claims.","PeriodicalId":47790,"journal":{"name":"Michigan Law Review","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135954192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Telegraph Torts: The Lost Lineage of the Public Service Corporation 电报侵权:公共服务公司失去的血统

2区社会学

Michigan Law Review Pub Date : 2023-01-01 DOI: 10.36644/mlr.121.8.telegraph

Evelyn Atkinson

{"title":"Telegraph Torts: The Lost Lineage of the Public Service Corporation","authors":"Evelyn Atkinson","doi":"10.36644/mlr.121.8.telegraph","DOIUrl":"https://doi.org/10.36644/mlr.121.8.telegraph","url":null,"abstract":"At the turn of the twentieth century, state courts were roiled by claims against telegraph corporations for mental anguish resulting from the failure to deliver telegrams involving the death or injury of a family member. Although these “telegraph cases” at first may seem a bizarre outlier, they in fact reveal an important and understudied moment of transformation in the nature of the relationship between the corporation and the public: the role of affective relations in the development of the category of the public utility corporation. Even as powerful corporations were recast as private, rights-bearing, profit-making market actors in constitutional law, a significant minority of rural state courts deviated from the common law to impose liability for mental anguish on negligent telegraph corporations. They did so on the basis that telegraph companies bore a duty to protect the emotional wellbeing and family connections of their customers. In this, courts gave voice to the popular view, voiced by telegraph users and promoted by the companies themselves, of the telegraph corporation as a faithful servant of individual families and communities. In so doing, they embedded the historical and popular perception of the corporation as “servant” into the definition of “public service.” This Article exposes the private law of the public service corporation and the noneconomic dimension of the legal category of “public utility.” Current scholarship has focused on how turn-of-the-century jurists developed the category of “public utility” or “public service” corporation to justify state economic regulations that would otherwise infringe on corporations’ newfound constitutional rights. The telegraph cases reveal a concurrent and complementary development in tort law: the imposition of affective responsibilities on certain corporations as well. Illuminating this doctrine offers an example of how the public utility category could be mobilized to protect the emotional as well as economic wellbeing of the public today.","PeriodicalId":47790,"journal":{"name":"Michigan Law Review","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135954667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Beyond More Accurate Algorithms: Takeaways from McCleskey Revisited 超越更精确的算法:重新审视麦克莱斯基的要点

IF 2.7 2区社会学

Michigan Law Review Pub Date : 2023-01-01 DOI: 10.36644/mlr.121.6.beyond.more

Ngozi Okidegbe

引用次数: 0

Gotta Get Those Ill-Gotten Gains: Improving the FTC's Authority to Seek Disgorgement in Antitrust Cases 必须得到那些不义之财:提高联邦贸易委员会在反垄断案件中寻求撤销的权力

IF 2.7 2区社会学

Michigan Law Review Pub Date : 2023-01-01 DOI: 10.36644/mlr.121.7.gotta

Kathryn Buggs

{"title":"Gotta Get Those Ill-Gotten Gains: Improving the FTC's Authority to Seek Disgorgement in Antitrust Cases","authors":"Kathryn Buggs","doi":"10.36644/mlr.121.7.gotta","DOIUrl":"https://doi.org/10.36644/mlr.121.7.gotta","url":null,"abstract":"Disgorgement is an equitable monetary remedy that requires a defendant to give up all ill-gotten gains from their illegal conduct. Unlike damages, which can be compensatory, deterrent, or even punitive in nature, disgorgement focuses primarily on deterring future illegal conduct. It relies on the simple moral premise that wrongdoers should not be allowed to retain the profits of their wrongdoing. Especially in antitrust litigation involving complex, multilayered supply chains, damages can underestimate the true harm suffered as a result of anticompetitive conduct. Disgorgement, if calculated properly and litigated thoughtfully, has the potential to provide redress for the full amount of harm and therefore act as a more efficient deterrent. Federal and state antitrust enforcers have sought disgorgement for anticompetitive conduct with limited success, and a recent Supreme Court decision casts doubt on the Federal Trade Commission’s authority to seek disgorgement altogether. Still, there is bipartisan support in Congress and the White House to restore the FTC’s disgorgement authority. This Note proposes enacting legislation to that effect, including a provision that would allow state attorneys general or private plaintiffs to seek disgorgement on the FTC’s behalf (called a “qui tam” provision). Further, this Note outlines how leveraging existing litigation tools can alleviate concerns that disgorgement will lead to duplicative recovery. By restoring the FTC’s authority to seek disgorgement and creating a qui tam mechanism for private enforcement, antitrust plaintiffs will benefit from increased leverage, enabling them to both recover the totality of harm caused by anticompetitive conduct and deter such conduct in the future.","PeriodicalId":47790,"journal":{"name":"Michigan Law Review","volume":"1 1","pages":""},"PeriodicalIF":2.7,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69687642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Indian Child Welfare Act in the Multiverse 多元宇宙中的印度儿童福利法

IF 2.7 2区社会学

Michigan Law Review Pub Date : 2023-01-01 DOI: 10.36644/mlr.121.6.indian

M. Pearl, Matthew L.M. Fletcher

引用次数: 0