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UDM Law Review

Volume Eighty-four : Issue One : Fall 2006

Constitutional Law

	Due Process - Federal Prosecution Following a Defendant's Rejection of a State Plea Offer Does Not Violate Due Process or Constitute Vindictive Prosecution. United States v. Gray, 382 F. Supp. 2d 898 (E.D. Mich. 2005).
	Melodee Henderson 84 U. Det. Mercy L. Rev. 1

First Amendment - City's Demonstration Ordinance Is Unconstitutional because (1) Thirty-Day Notice Provision Is Not Narrowly Tailored, (2) Application to "Small Group Speech" Is Overbroad and Not Narrowly Tailored, and (3) Strict Liability Unconstitutionally Infringes on Protected First Amendment Activity. American-Arab Anti-Discrimination Committee v. City of Dearborn, 418 F.3d 600 (6th Cir. 2005).

Jonathan Burleigh
84 U. Det. Mercy L. Rev. 7

	Searches and Seizures - Without Individualized Suspicion, a Strip Search of a Student Violates the Fourth Amendment. However, When the Law Does Not Clearly Establish the Unconstitutionality of the Search, the Search Official Is Entitled to Qualified Immunity. Beard v. Whitmore Lake School District, 402 F.3d 598 (6th Cir. 2005).
	Dominic Paluzzi 84 U. Det. Mercy L. Rev. 15

Criminal Procedure

	Searches and Seizures - The Defendant Has No Reasonable Expectation of Privacy in Regard to an Enclosed Porch. Statements Made During a Custodial Interrogation Are Inadmissible Unless the Defendent Voluntarily, Knowingly, and Intelligently Waives His Fifth Amendment Right Against Self-Incrimination. People v. Tierney, 703 N.W.2d 204 (Mich. Ct. App. 2005).
	Michael A. Chichester, Jr. 84 U. Det. Mercy L. Rev. 21

Insurance Law

	Contribution - Michigan Tort Reform's Adoption of Several Liability Does Not Preclude an Insurer from Bringing an Action for Statutory Contribution Against Purported Joint Tortfeasors After Settling with the Injured Party. Gerling Konzern Allgemeine v. Lawson, 693 N.W.2d 149 (Mich. 2005).
	Kenneth H. Hemler 84 U. Det. Mercy L. Rev. 29

Intellectual property law

	Copyright Infringement - Any Digital Sample of Music Taken from a Sound Recording Is Prohibited Under the Federal Copyright Statute, 17 U.S.C. § 114. Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792 (6th Cir. 2005).
	Nicole Stafford 84 U. Det. Mercy L. Rev. 35

Labor and Employment Law

	Disability Benefits - Pursuant to ERISA, the Fact that a Long-Term Disability Insurance Plan Participant Might Be Capable of Sedentary Work Does Not Mean He Is Not Disabled. Kalish v. Liberty Mutual/Liberty Life Assurance Co. of Boston, 419 F.3d 501 (6th Cir. 2005).
	Natalia Kujan Gentry 84 U. Det. Mercy L. Rev. 39

Medical Malpractice

	Requirements for Out-of-State Affidavits of Merit - Signatures on Out-of-State Affidavits of Merit Must Be Certified by Clerk of Court from Which Affidavit Issues. Apsey v. Memorial Hospital, 702 N.W.2d 870 (Mich. Ct. App. 2005).
	Erin M. Badovinac 84 U. Det. Mercy L. Rev. 45

Property Law

	Eminent Domain - A Proposed Road that Will Mainly Be Used by a Private Party Is a Public Use Because the Public Retains the Right to Travel the Road Which Is Controlled by the Public Entity. City of Novi v. Robert Adell Children's Funded Trust, 701 N.W.2d 144 (Mich. 2005).
	David Kowalski 84 U. Det. Mercy L. Rev. 49

Tort Law

	Negligence - There Is No Cause of Action for Medical Monitoring, Based on Negligence, Absent a Present Physical Injury. Henry v. Dow Chemical Co., 701 N.W.2d 684 (Mich. 2005).
	Francine Nesti 84 U. Det. Mercy L. Rev. 55

	Settlement Agreements - With "Mary Carter-Style" Agreements, Fairness Served by Disclosure to the Jury Must be Weighed Against the Countervailing Interest of Encouraging Settlements. Hashem v. Les Stanford Oldsmobile, Inc., 697 N.W.2d 558 (Mich. Ct. App. 2005).
	Jessica McGrath 84 U. Det. Mercy L. Rev. 61

Worker's Compensation

	Specific Loss Benefits - The Michigan Supreme Court Gives Its Citizens a Hand; for Specific Loss Benefits, a Limb Only Needs to Lose Its Usefulness. Cain v. Waste Management., Inc., 697 N.W.2d 130 (Mich. 2005).
	Ryan D. Streefkerk 84 U. Det. Mercy L. Rev. 67