The MSU College of Law Digital Commons is currently under maintenance and is unavailable. Links to completed articles from Volumes 2020–2022 are below. If you are looking for an article from a different volume, please email MichStLRevEIC@gmail.com.

Issue 2020.1

Visionary Article

The Incomparable Chief Justiceship of William Howard Taft
Robert Post

Articles

Cooperative Principles and Fair Labor Standards: Volunteering for Food Co-Ops
Ariana R. Levinson & Chad Eisenback

What Problem? A Response to How Cities Fail: Service Delivery Insolvency and Municipal Bankruptcy
Anne Lawton

Comment

Selecting the Right Vehicle: Is a Civil Rights Claim Under 42 U.S.C. § 1983 the Right Way to Remedy a Contracts Clause Violation?
Shane Anderson

Issue 2020.2

Articles

Artificial Intelligence, Due Process, and Criminal Sentencing
John Villasenor & Virginia Foggo

#SororityToo
Tanya Asim Cooper

Looking for a Life Raft: Citizen Voice and Votes of No Confidence
Mae Kuykendall

Comments

Direct Shipping for Michigan Beer? Wine Not
Mitchell Zolton

Challenging Land Contracting on the Basis of Disparate Impact After Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.: A Viable Option or a Dead End?
Allison N. Kruschke

Issue 2020.3

Articles

U.S. Trade Infallibility and the Crisis of the World Trade Organization
Daniel C.K. Chow

The Protean Concept of Materiality in Contract Law
Brian A. Blum

The Systems Approach to Teaching Business Associations
Lynn M. LoPucki & Andrew Verstein

Contract as Voluntary Commutative Justice
James Gordley & Hao Jiang

Compare This: How Employers Use Comparator Evidence to Defeat Employment Discrimination Claims
Marc Chase McAllister

Comment

In Fast-Fashion, One Day You’re In, and the Next Day You’re Out: A Solution to the Fashion Industry’s Intellectual Property Issues Outside of Intellectual Property Law
Kristin Sutor

Issue 2020.4

Articles

Two First Amendment Futures: Consumer Privacy Law and the Deregulatory First Amendment
Shaun B. Spencer

Incivility as Identity
Melissa Mortazavi

Rethinking Segregation
Paul Boudreaux

The Private Option
Brendan S. Maher

Comments

Cut It Out, America: Does the Shrinking Eligibility of Asylum for Private Actions Pull Back on Female Genital Mutilation Asylum Rights?
McKenzie Stone

From Banking to Data Breaches: Ensuring Financial Institution Accountability with Public and Private Oversight
Thomas Goers

Issue 2020.5

Symposium Articles

Law Search in the Age of the Algorithm
Michael A Livermore, Peter Beling, Keith Carlson, Faraz Dadgostari, Mauricio Guim & Daniel N. Rockmore

Technologies of Language Meet Ideology of Law
Anya Bernstein

Split Decisions: Practical Machine Learning for Empirical Legal Scholarship
James Ming Chen

Principles of Political Economy and the Taxation of Nations: Econometric and Machine-Learning Evaluation of Tariffs
James Ming Chen, Thomas Poufinas, Charalampos Agriopoulos & George Galanos

Nothing Under the Sun That Is Made of Man
Andrew W. Torrance

Issue 2021.1

Visionary Article

Good Faith as Contract’s Core Value
Daniel Markovits

Articles

Piketty Revisited: The Meaning of Capital in the Twenty-First Century
Edward J. McCaffery

Cooperative Ownership and the Fair Labor Standards Act
Ariana R. Levinson & Chad Eisenback

Therapeutic Discipline: Drug Courts, Foucalt, and the Power of the Normalizing Gaze
Michael D. Sousa

Circumventing the Crime Victims’ Rights Act: A Critical Analysis of the Eleventh Circuit’s Decision Upholding Jeffrey Epstein’s Secret Non-Prosecution Agreement
Paul G. Cassell, Bradley J. Edwards & Jordan Peck

Eighth Amendment Jurisprudence and Transgender Inmates: The “WPATH” to Evolving Standards of Decency
Bryce T. Daniels

Comment:

The IRS Can Show Cryptocurrency Holders That Money Talks Through Updated Guidance and Conditional Forgiveness
Kyle Lydy

Issue 2021.2

Articles:

Hidden Trade-Offs in Insurance Wellness Programs
Anya E.R. Prince

Patenting Fast and Slow: Examiner Rejections and Applicant Traversals to Nonprior Art Rejections
Shine Sean Tu

Exploring College Sports in the Time of COVID-19: A Legal, Medical, and Ethical Analysis
Marc Edelman, Thomas A. Baker III, John T. Holden & Dr. Andrew Shuman

Pandemics, Quarantines, Utility, and Dignity
Jens David Ohlin

Artificial Intelligence, LLC: Corporate Personhood as Tort Reform
Alicia Lai

Comment:

Old Law, New Solution: Bottling Water in the Great Lakes States
Rachel Westmaas

Issue 2021.3

Articles:

The Daubert Double Standard
Michael D. Cicchini

Weaponizing Proof of Harm in First Amendment Cases: When Scientific Evidence and Deference to the Views of Professional Associations Collide in the Battle Against Conversion Therapy
Clay Calvert

Summoning a New Artificial Intelligence Patent Model: In the Age of Crisis
Schlomit Yanisky-Ravid & Regina Jin

Look Up and Smile for Daddy Warbucks’s Surveillance Plane: Reforming the Standard for Determining When a Private Search Constitutes Government Action, and Why It’s Needed to Meet the Growing Fourth Amendment Problem of Privatized Surveillance
Lucias T. Outlaw III

Comment:

A Service or Not a Service–Is That the Question?: Plasma Donation Centers and the “Other Service Establishment” Catchall Under Section 12181(7)(F) of the Americans With Disabilities Act
Andrew Hereza

Issue 2021.4

Articles:

The Species of Origin
Max Stul Oppenheimer

Getting the Dream Team on the Ballot: The Legality of Bipartisan Gubernatorial Tickets
T. Quinn Yeargain

USDA’s Oversight Over National Check-Off Boards: What Check Do National Check-Off Boards Need?
Ashley Nicole Wilde

Fraudulent Transfers as a Tort David Gray Carlson

Comment:

A Victim’s Plea for a Fair Justice System: Providing Proper Disclosure Requirements Before Guilty Pleas
Juliana Sousou

Redefining Physical Restraint to Ensure Consistency in Its Application as a Federal Sentence Enhancement
Tyler Kitzmiller

Issue 2021.5

Symposium:

Racialized Bankruptcy Federalism
Rafael I. Pardo

Contextual Benefits of a Neutral Principles Approach to Religious Property Disputes
Frank S. Ravitch

The Feminist Movement’s State Action Doctrine
Elizabeth Sepper

Passive Takings in Action
Christopher Serkin

Erasing the Thin Blue Line: An Indigenous Proposal
Matthew L.M. Fletcher

Without Religion, W(h)ither Family Law?
Anita Bernstein

Issue 2022.1

Articles

The Truman Show: The Fraudulent Origins of the Former Presidents Act
Paul Campos

Geographic Income Tax Marriage Equality: A Proposal to Expand the Double Basis Step-Up
Daniel J. Durst

Non-Competes and Other Contracts of Dispossession
Sandeep Vaheesan & Matthew Jinoo Buck

Contextualizing (Children’s) Immigration Law, History, Theory and Politics
Shani M. King

Comment:

Inevitable or Avoidable? How the Illegal Wildlife Trade is Facilitating the Spread of Zoonotic Diseases and How the Next Pandemic Can Be Avoided
Lauren Legner

Issue 2022.2

Articles:

Fitting China–US Trade into WTO Trade Law–National Security and Non-Violation Mechanisms
Justin Hughes

Why Words?
Akhil Reed Amar

Courts in Conversation
Thomas P. Schmidt

Does Constitutional Law Have a Future?
Caitlin B. Tully

Hidden Killers and Imagined Saints: Why Courts Fail to Identify Unconstitutional Jurors in Death Penalty Cases
Eric R. Carpenter

Comment:

The Evolving Standards of Decency: Transgender Prisoners’ Right to Adequate Medical Care in the Prison System
Carly Cruickshank

Issue 2022.3

Articles:

The Dangerous Independent State Legislature Theory
Jason Marisam

The Challenges of 21st Century Transboundary Water Management and the Limits of International Water Law
Isabelle Blacketer, Fiona Luu, & Paul Babie

Rejecting Test Surveillance in Higher Education
Lindsey Barrett

Comment:

It’s Time For CRISPR Genetically Modified Food Labeling
Emily King

Issue 2022.4

Articles:

ESG: The 5th Element Of Corporate Risk Assessment
Michael J. Kelly

Bostock’s Impact on Sex-Differentiated Employee Appearance Standards
Marc Chase McAllister

A Judge Never Writes More Freely: A Separate-Opinions Citation-Network Approach to Assessing Judicial Ideology
Joseph Scott Miller

Comment:

Your Law is Due for an Update: Why Congress Should Update the Telephone Consumer Protection Act to Curb the Rise of Robotexts
Connor Hoffman

Issue 2022.5

Symposium:

Sequential Uses of Copyrighted Materials: Transforming Transformative use Doctrine in Andy Warhol Foundation v. Goldsmith Richard A. Epstein

Three Portraits of Sarony
Alfred C. Yen

The Best Comes Later: Copyright, Career Professionals, and Creative Achievement
Sean A. Pager & Sunawer Aujla

Statutory Damages Under the Copyright Act: An Empirical Study
Benjamin K. Brady, Roy Germano & Christopher Jon Sprigman