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THE IRRATIONALITY OF PUNISHING HOMELESSNESS
The Supreme Court upheld the criminalization of public survival by unhoused people in City of Grants Pass v. Johnson in June 2024. This article examines that decision and considers why Grants Pass had not enforced its camping ban against unhoused people when the author visited the city one year…
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THE CONSTITUTIONAL RAMIFICATIONS OF GRANTS PASS
The brief and ambiguous wording of the Eighth Amendment has permitted courts to adopt a variety of interpretations. These interpretations have been applied inconsistently through different periods of the Amendment’s history, but the U.S. Supreme Court has never established a singular, definitive…
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CRIMINALIZING SURVIVAL: HOW THE GRANTS PASS DECISION IS INTENSIFYING THE HOMELESSNESS CRISIS IN CALIFORNIA AND BEYOND
This article examines the intensifying criminalization of homelessness in the United States since the Supreme Court’s 2024 decision in Grants Pass v. Johnson, which removed the ability of people to challenge laws under the Eighth Amendment’s Cruel and Unusual Punishment Clause that prohibit…
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Front Matter
Front Matter for Volume 124, Issue 4 of Michigan Law Review
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Standard Textualism
For as long as legal scholars have been writing about the rules-versus-standards distinction, textualism has been understood to produce characteristically rule-like law. This Article argues for the opposite view. Far from generating the “law of rules” that Scalia famously envisioned, the rule of…
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Conspiracy and Social Movements
Conspiracy prosecutions of social movements are on the rise. From anti-“Cop City” protesters in Atlanta to pro-Palestinian protesters in California, prosecutors are increasingly wielding conspiracy law to suppress social movements. This development is troubling. Social movements have long served as…
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Climate Preemption and Fossil Fuel Entrenchment
Mitigating the worst impacts of climate change demands a rapid reduction in greenhouse gas emissions and a transition to renewable, low-carbon sources of energy. This requires building thousands of gigawatts of clean energy at an unprecedented rate and expeditiously retiring existing fossil fuel…
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Surf and Turf: How Litigation Against Concentrated Animal Feeding Operations can Inform Regulation of the Aquaculture Industry
Industrial agriculture dominates the U.S. agricultural industry. On land, animals are stuffed into factory-like facilities, called concentrated animal feeding operations (“CAFOs”), where they are raised to maximize the output of food products. In the process, they produce vast amounts of waste…
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Forever Un-Wild: How the Forever Wild Clause “Locks Up” New York’s Closed Correctional Facilities
Article XIV of the New York State Constitution, better known as the “Forever Wild Clause,” enshrines a conservationist ideal into law. The crux of article XIV prohibits the leasing, selling, or exchanging of state-owned land within New York’s Forest Preserve to private entities. Since its…
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Front Matter
Front matter for Volume 15, Issue 1 of Michigan Business & Entrepreneurial Law Review
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Artikel Jurnal Teks lengkap
The Non-Binding Bind: Reframing Precatory Stockholder Proposals Under Delaware Law
Rule 14a-8 under the Securities Exchange Act of 1934 allows stockholders to submit proposals for inclusion in a company’s proxy materials. The rule assumes that Delaware law provides stockholders with the right to submit non-binding proposals for stockholder approval. But as many have observed…
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Navigating the EU’s Corporate Sustainability Due Diligence Directive: Strategic Implications for US Companies
The European Union’s (“EU”) Corporate Sustainability Due Diligence Directive (“CSDDD” or the “Directive”) introduces new human rights and environmental obligations that reshape global corporate governance. This paper explores its impact on US companies, with a particular focus on compliance…
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The Right to a Fair Trial in International Law and African Experiences
A country’s system for the administration of justice significantly impacts the rights and lives of its inhabitants, which may include citizens, nationals, and temporary residents (e.g., refugees, asylum seekers, religious pilgrims, and other travelers in transit). A robust and fair system for the…
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Changing Climate, Changing Rights: How the UnitedStates Can Learn from the Emergence of the Right to a Healthy Environment in Colombia and India
The right to a healthy environment embodies the idea that environmental protection and the enjoyment of human rights are connected. As this concept has developed, authorities around the world have described the contours of this right in various ways. The right to a healthy environment generally…
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Land Use Zoning: The Answer to Housing Affordability? A Look at Aukland, New Zealand and Minneapolis, Minnesota
For many individuals, purchasing their first home is a monumental step which they look forward to for years. Homes are one of the most valuable assets individuals purchase within their lifetime. In the current housing market, reaching this milestone is becoming more and more difficult for…
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VAR Check: Visa Requirements for the 2026 FIFA World Cup
“We are bullish about the power of football (soccer). It will become the number one sport in North America” —FIFA President Gianni Infantino Canada, Mexico, and the United States will host the 2026 Fédération Internationale de Football Association (FIFA) World Cup. While the tournament is expected…
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Use Laws of Attraction: The Gravitational Pull of a U.S. Space Court
No Man’s Land Another crude mission into the darkness we’ve dreamed, our intuition scream, and with no one there to hear it the truth of our condition only ever harkens to the meanings and the means we rectify with words and spirits. Yes, the human mind cannot help but defy conventions, intentional…
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A Case for Judge-Made Law for the American Jurists from an English Perspective—Drawing Example from the Human Rights Act 1998
Many authors frown upon judge-made law as an inappropriate and ghastly exercise of judicial activism in American jurisprudence. This, nevertheless, is not the view of English jurisprudence. This Comment proposes instead that the American legal audience should embrace the benefits of judge-made law…
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