WMU-Cooley Law Review
The Western Michigan University Thomas M. Cooley Law Review board of editors is pleased to bring you the first issue in Volume 32. This is a momentous occasion, as you are now holding the first issue published under the title Western Michigan University Thomas M. Cooley Law Review, following the law school's affiliation with Western Michigan University. Our journal was first published in 1982 under the title Cooley Law Review, and the title Thomas M. Cooley Law Review was adopted with Volume 8 in 1991.
Human trafficking is modern-day slavery. Awareness and activism for human-trafficking victims has increased in the past decade, but one group of victims is consistently overlooked: the children born to sex-trafficking victims. No laws or resources are committed to specifically addressing these children’s needs. Traditional resources that many single mothers depend on for child support are often inaccessible to human-trafficking victims: the most prevalent is support payments. Victims service an average of 10 to 15 people who pay for sex (“Johns”) each day. This makes it nearly impossible to establish a child’s paternity, which is required to collect child-support payments. Even in the unlikely event that paternity can be established, the probability that a victim will be able to enforce a court-ordered judgment against a John is slight.
This Comment addresses federal and state legislative acts with an emphasis on Florida’s state laws. Reforming forfeited-asset legislation in Florida can create an accessible, viable, and self-sustaining resource for sex-trafficking victims with children. This Comment advocates developing specific legal remedies that will better address the needs of human-trafficking victims and their children.
Researchers' Privilege: Full Disclosure
Dr. Frank C. Woodside, III, & Michael J. Gray
With an ever-growing number of academic journals, there has been a corresponding increase in the number of reports that these journals are publishing articles based on questionable methodology. Many published studies contain improper statistical conclusions, flawed methodology, and results that cannot be replicated. Due to the spread of "pay-to-publish" and low-quality-academic journals, the epidemic of faulty research has become worse.
This Article analyzes how the so-called "researchers' privilege" allows faulty research to go undetected and delineates the reasons why it is difficult to evaluate published research findings without access to the underlying-research information. Then this Article analyzes the law regarding researchers' ability to withhold research information based on a "researchers' privilege." Finally, this Article addresses why the courts should favor disclosure with confidential information being addressed through confidentiality orders.
The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave to care for a spouse, child, or parent with a serious ailment. Courts have been particularly troubled when employees take leave to provide unconventional care. In these situations, courts frequently interpret FMLA-authorized care narrowly and deprive coverage accordingly. Narrow interpretation disregards the intent of the FMLA: to help working caregivers find balance between employment and family obligations.
This Comment endorses broad interpretation and proposes a newly-crafted, three-part test for courts to apply when analyzing FMLA care. This test requires an employee to prove that the family member in question had a time-sensitive medical need, that the employee's activity was performed with intent to serve that medical need, and that the employee did confer a likely benefit to the family member related to that need. This new approach evaluates FMLA care more thoroughly and generates more comprehensive coverage for employees, which will better effectuate FMLA-policy goals.
n Northrup v. City of Toledo Police Department, the United States Court of Appeals for the Sixth Circuit created a bright line rule for unreasonable seizures of citizens who are openly carrying firearms. Read the analysis by J.D. Baldwin with contributions by Prof. Christopher Hastings.
The Law Review publishes three issues a year - This is the Michaelmas 2014 edition. The articles from this issue cover a variety of topics. The first article discusses an important legal issue as technology use becomes rampant: social-media discovery. The next article highlights the forfeiture-by-wrongdoing doctrine and what burden of proof is required for the doctrine to apply. The third article focuses on firearms-identification evidence, and this issue also contains a student-written piece discussing the First Amendment issues with Bradley Manning’s WikiLeaks trial.
In Conlon v. InterVarsity Christian Fellowship/USA, the United States Court of Appeals for the Sixth Circuit provided additional direction for the use of the ministerial exception, which precludes application of employment-discrimination laws if the employer is a religious institution and the employee qualifies as a minister. Read the analysis by Scott Sawyer with contributions by Prof. Toree Randall.
In DeBoer v. Snyder, a lesbian couple initially challenged Michigan's ban on adoption by same-sex couples. But this case morphed into an argument about a larger issue; the couple claimed that the State's same-sex marriage ban is unconstitutional. Read the analysis by Candis Najor with contributions by Prof. Schindler.
Greg Coleman, partner at Critton, Luttier, and Coleman, a law firm in West Palm Beach, Florida, and current President of the Florida Bar was interviewed by Law Review member Jerrod Simpson. President Coleman talks about technology, the bar exam, diversity, access to justice, and ethics. Listen to the full interview:
The ABA selected the WMU-Cooley Law Review to write the Media Alerts for the 6th Circuit. Several Law Review members volunteer to write them. The Media Alerts provides reporters, lawyers, educators, and the public with accurate, unbiased analysis of newsworthy and legally significant cases pending in or decided by the federal courts of appeals.
The Law Review publishes three issues a year - This is the 2014 Symposium Edition featuring: State of Madness: Mental Health and Gun Regulations; A Liberal’s Case for the Second Amendment; and Gun Owners, Gun Legislation, and Compromise.