SAH Commons | Brent Domann | Activity https://sah.hcommons.org/members/domannbr/activity/ Activity feed for Brent Domann. Sat, 04 Apr 2026 09:53:42 -0400 https://buddypress.org/?v=10.6.0 en-US 30 hourly 2 5ecd45d75be97c4bfd656dd27a4c3c91 Brent Domann deposited How Leaders Come and Go: The Role of Improvisation and the Limitations of Formal Rules in the group MSU Law Faculty Repository https://commons.msu.edu/activity/p/1869564/ Tue, 02 Jan 2024 04:00:07 -0500 This is a publication of the Michigan State Law Review.

]]> 0 6f7c055152ebd31680c7997b8024d9ff Brent Domann deposited How Leaders Come and Go: The Role of Improvisation and the Limitations of Formal Rules https://commons.msu.edu/activity/p/1869539/ Mon, 01 Jan 2024 19:08:16 -0500 This is a publication of the Michigan State Law Review.

]]> 0 6bdf28e0af562cec8d9f63ab1cc78359 Brent Domann deposited International Human Rights Law and Violence Against Women & Girls in Africa https://commons.msu.edu/activity/p/1852898/ Wed, 26 Jul 2023 18:07:06 -0400 The UN has recognized that violence against women and girls is a
manifestation of historically unequal power relations between men and
women, which has led to significant levels of discrimination against
women and girls in virtually all parts of the world and in all spheres of
human endeavor. Since its founding in 1945, the UN has made a…[Read more]

]]> 0 4d504ec52ff19763c08cd78683201ee6 Brent Domann deposited Seeking Protection: The Interplay of Human Trafficking and the Refugee Space in Hong Kong https://commons.msu.edu/activity/p/1852897/ Wed, 26 Jul 2023 18:04:40 -0400 This is a publication of the Michigan State University College of Law.

]]> 0 16c372b6bee820704b128b9fdadb85a9 Brent Domann deposited Refugee Burden-and-Responsibility Sharing: Revisiting the Debate on the Right to Compensation to Refugee-Hosting States https://commons.msu.edu/activity/p/1852896/ Wed, 26 Jul 2023 18:02:51 -0400 This is a publication of the Michigan State University College of Law.

]]> 0 55f2e0cb35ef2a772ca194160ef9b8ea Brent Domann deposited A Human Rights Approach to Climate-Induced Displacement: A Case Study in Central American and Colombia https://commons.msu.edu/activity/p/1852892/ Wed, 26 Jul 2023 17:55:21 -0400 The past decade was the warmest decade ever recorded. As climate
impacts intensify, numbers of people displaced and in need of relocation
increase. International law has yet to adapt to a changing climate and its
implications for those most vulnerable. Experts still debate whether the
existing refugee regime could provide a solution for those…[Read more]

]]> 0 bfac0cdb3e75615f3b7573c0d8d1b527 Brent Domann deposited Israel’s Asylum Regime: The Inconsistencies with National and International Duties https://commons.msu.edu/activity/p/1852891/ Wed, 26 Jul 2023 17:52:43 -0400 Since 2005, Israel has been a destination for refugees fleeing conflicts,
repression, and political instability in some African countries, primarily
Sudan, Eritrea, and western African countries. Until 2010, more than
26,000 refugees and asylum seekers entered Israel without authorization
through the notorious Israeli-Egyptian borders.1 Due to…[Read more]

]]> 0 b7ea991053c8a98e7985f00d52798b8d Brent Domann deposited TAKEN AS READ: LINGUISTIC (IN)EQUALITY IN HONG KONG’S JURISPRUDENCE https://hcommons.org/activity/p/1847729/ Wed, 31 May 2023 20:15:58 -0400 Colonial Hong Kong was characterized by diglossia: the use of
Cantonese for the ‘low’ functions of daily life and the use of English for
the ‘high’ functions of law and government. This paper shows that
significant linguistic inequality persists at the top end of the legal hierarchy
a full quarter-century after the transition to Chinese…[Read more]

]]> 0 4db4ebdb01a28888566fbb4fc6383eca Brent Domann deposited REGIONAL INTERNATIONAL LAW REVISITED: A EURASIAN INTERNATIONAL LAW https://hcommons.org/activity/p/1847727/ Wed, 31 May 2023 20:14:23 -0400 This article revisits old contestation about international law’s
regionalist and universalist causes. First, formulated upon the “end of
history” narrative, the article analyses the concept of fragmentation as a
representation of the internal plurality of international law’s universality
and liberating condition for the Great Powers to “secure…[Read more]

]]> 0 a1d624d982f40b9b67d98004221f83e2 Brent Domann deposited THE NEW CIVIL CODE OF CHINA: ADVANCEMENTS AND IMPROVEMENTS FOR A BETTER FUTURE https://hcommons.org/activity/p/1847726/ Wed, 31 May 2023 20:12:41 -0400 This article highlights four features of the new Civil Code of China and
its enactment history to explain the significance of this long-expected
Code.

Overall, the innovative and forward-looking features of the new Code
can help China better prepare for the future. In particular, the Code adds
the right of habitation as a new and powerful…[Read more]

]]> 0 3f9dc3cf1be6c0dba9d2d62f4e9ffa33 Brent Domann deposited THE INTOLERABLY SLOW IMPLEMENTATION OF AFRICAN WOMEN’S RIGHTS AND ITS IMPACT ON AFRICAN ECONOMIC DEVELOPMENT https://hcommons.org/activity/p/1847725/ Wed, 31 May 2023 20:10:38 -0400 This is a publication of the Michigan State University College of Law.

]]> 0 b56f256eaeaf8b429b2828e20c5ef0c3 Brent Domann deposited Are Cryptocurrency Transactions Private in the European Union? Examining the Effects of Regulation (EU) 2015/847’s Amendment, Proposed Regulation (EU) 2021/0241, and the General Data Protection Regulation https://commons.msu.edu/activity/p/1841508/ Fri, 14 Apr 2023 16:25:12 -0400 In July 2021, the European Union proposed Regulation (EU)
2021/0241 to regulate the rise of cryptocurrency within its member
countries. Proposed Regulation (EU) 2021/0241 is an amendment to
Regulation (EU) 2015/847, and its main purpose is to augment the current
legal definition of “funds” to include cryptocurrency. Moreover, pro…[Read more]

]]> 0 67780b9d7796b4e2b280e9c907a39e08 Brent Domann deposited Virtual Whac-A-Mole: Addressing the Patchwork Regulation of Online Hate Speech https://commons.msu.edu/activity/p/1841507/ Fri, 14 Apr 2023 16:23:58 -0400 This note will discuss hate speech, why it’s dangerous, and how it can
spread without being detected. This leads to the exploration of existing
international, national, and company regulations regarding online hate
speech, the identification of holes and inadequacies, and ultimately
suggestions for moving forward in a digital age. The note c…[Read more]

]]> 0 4a7f7966ca6b296294e1c2639dfcf881 Brent Domann deposited The Spanish Stolen Baby Crisis: Why Stolen Baby Plaintiffs Have Been Unsuccessful in Spanish Courts and What Remedies Remain https://commons.msu.edu/activity/p/1841506/ Fri, 14 Apr 2023 16:22:44 -0400 Estimates show that starting in the Franco Era and persisting well into
the twentieth century, as many as 300,000 babies were illegally stolen
from their parents in Spain. What started as a tactic to erase communist
tendencies from the population of Spain progressed into a moneymaking
business that lasted well after the country transitioned to…[Read more]

]]> 0 c8803e5d13ec1d5b7000d8fcbf1857e1 Brent Domann deposited Spoiled Spoils of War: When Are Official Spoils of War Legitimate Acquisitions at the British Museum? https://commons.msu.edu/activity/p/1841504/ Fri, 14 Apr 2023 16:21:36 -0400 The British Empire acquired and stored many objects of historical and
cultural significance in the British Museum during its travels, battles, and
colonialization. Recently, nations attempting to regain pieces of their
history and recover from colonization have begun to question the
provenance of those objects. However, despite growing…[Read more]

]]> 0 25fed95fa2b9c2b7345eabd6a2cd6072 Brent Domann deposited Criminalizing Risk-Free Profits: • Has anyone written about the "risk-free profits" rational for legal liability under securities regulations? • Is April 28 a reasonable turnaround time for this request? https://commons.msu.edu/activity/p/1841503/ Fri, 14 Apr 2023 16:19:15 -0400 Sex-work is one of the world’s oldest professions and, to this day, exists
in every nation throughout the globe. Through social media, online sexwork
has increased the availability and diversity of sex-work. However,
the legalization of sex-work is still a hotly debated topic amongst legal
scholars and feminist theorists. Debate on sex-work r…[Read more]

]]> 0 d69202883aef895462ffc6ad368cd3e6 Brent Domann deposited The Evolving Standards of Decency: Transgender Prisoners’ Right to Adequate Medical Care in the Prison System in the group Michigan State Law Review https://commons.msu.edu/activity/p/1823605/ Wed, 23 Nov 2022 04:04:16 -0500 In recent years, the LGBTQ community has seen major
changes in the recognition of its legal rights.1 These changes come
after a long history of discrimination against the community and
criminalization of gender and sexual minorities in the United States.2
Today, the LGBTQ community, and transgender individuals in
particular, still face…[Read more]

]]> 0 1043478d58d61b7265fd1bbec34b86ec Brent Domann deposited Hidden Killers and Imagined Saints: Why Courts Fail to Identify Unconstitutional Jurors in Death Penalty Cases in the group Michigan State Law Review https://commons.msu.edu/activity/p/1823604/ Wed, 23 Nov 2022 04:04:16 -0500 What if half of the people in the jury pool for a capital case
are unqualified to sit—and the lawyers are not accurately identifying
and removing them? And what if the lawyers are actually identifying
the wrong people as unqualified and removing them instead?
This appears to be the case. The Constitution prohibits jurors
who will always (or n…[Read more]

]]> 0 7c03ae447d3ba933e69632d7a85bfdc0 Brent Domann deposited Does Constitutional Law Have a Future? in the group Michigan State Law Review https://commons.msu.edu/activity/p/1823603/ Wed, 23 Nov 2022 04:04:15 -0500 Over the past six years, constitutional law scholars, politicians,
and public opinion-makers have grappled with what many have
described as the anti-constitutionalism of the Trump administration.1
Responding to Trump’s presidency, its aftermath, and the
circumstances that predated and arguably precipitated it, critics have
focused on p…[Read more]

]]> 0 040505bd57d62cdb788f233a969f8bab Brent Domann deposited Courts in Conversation in the group Michigan State Law Review https://commons.msu.edu/activity/p/1823602/ Wed, 23 Nov 2022 04:04:15 -0500 Ralph Waldo Emerson once suggested that we read not for
instruction but for provocation.1 By that standard, in The Words That
Made Us, Akhil Reed Amar has written a characteristically great
book.2 This is not to deny that there is abundant instruction in its
many pages: Amar offers a synoptic and yet still nuanced description
of the great…[Read more]

]]> 0 7042cab82d6997dde01811405c7bda0d Brent Domann deposited Why Words? in the group Michigan State Law Review https://commons.msu.edu/activity/p/1823601/ Wed, 23 Nov 2022 04:04:14 -0500 What’s new in my new book, The Words That Made Us?
What’s missing? What’s next? If my tale is anywhere close to
correct, what tales told by other narrators must be rejected or
revised?
At heart, the biggest news is that a book such as this now
exists, as it did not before—a book that brings together between a
single set of covers the main co…[Read more]

]]> 0 ab509b79dc66846a41f9dea86242f028 Brent Domann deposited Fitting China–US Trade into WTO Trade Law—National Security and Non-Violation Mechanisms in the group Michigan State Law Review https://commons.msu.edu/activity/p/1823600/ Wed, 23 Nov 2022 04:04:14 -0500 During the four years of the Trump presidency, there was much
Sturm und Drang over the destruction of the rules-based international
trading system. That system—first as the General Agreement on
Tariffs and Trade (GATT), then as the World Trade Organization
(WTO), as well as hundreds of preferential trade agreements among
countries—has bee…[Read more]

]]> 0 566a5d00227bc18da8598c75c1340bb4 Brent Domann deposited Inevitable or Avoidable? How the Illegal Wildlife Trade Is Facilitating the Spread of Zoonotic Diseases and How the Next Pandemic Can Be Avoided in the group Michigan State Law Review https://commons.msu.edu/activity/p/1823599/ Wed, 23 Nov 2022 04:04:13 -0500 On February 1, 2020, Patricia Dowd called her brother to
cancel plans to attend a funeral later in the week because she had
fallen ill with what seemed like the flu.1 Only five days later, Dowd
suddenly collapsed and died of what appeared to be a heart attack
while standing in her kitchen.2 A subsequent flu test returned a
negative result,…[Read more]

]]> 0 7780a1d9c228236ebc617d2b859933e4 Brent Domann deposited Non-Competes and Other Contracts of Dispossession in the group Michigan State Law Review https://commons.msu.edu/activity/p/1823598/ Wed, 23 Nov 2022 04:04:13 -0500 Employers have used non-compete clauses to deprive tens of
millions of workers of the freedom to change jobs or start their own
businesses. In occupations ranging from home health aide to
journalist to sandwich shop worker, employers have used this legal
power to their great benefit. Non-compete clauses reduce worker
mobility, help employers…[Read more]

]]> 0 48f03cd3efcffe68f7ea34ac7c4f7fc3 Brent Domann deposited Geographic Income Tax Marriage Equality: A Proposal to Expand the Double Basis Step-Up in the group Michigan State Law Review https://commons.msu.edu/activity/p/1823597/ Wed, 23 Nov 2022 04:04:12 -0500 Surviving spouses in community property states enjoy a
significant, but unintended, income tax advantage over surviving
spouses in other states. The advantage, known as “the double basis
step-up,” generally eliminates capital gains for surviving spouses in
community property states. This geographic inequality incentivizes
inefficient beh…[Read more]

]]> 0 9d37bbf4d071615853a514aa84b22764 Brent Domann deposited The Truman Show: The Fraudulent Origins of the Former Presidents Act in the group Michigan State Law Review https://commons.msu.edu/activity/p/1823596/ Wed, 23 Nov 2022 04:04:11 -0500 On January 6, 2021, a seditious mob incited by President
Donald Trump invaded and ransacked the Capitol in an attempt to
stop a joint session of Congress from certifying Trump’s defeat in
the previous November’s election.1
In the days immediately following, many people demanded that
President Trump be impeached for a second time for his rol…[Read more]

]]> 0 1ebd64dd18b68351af0ef1c033d9f713 Brent Domann deposited The Evolving Standards of Decency: Transgender Prisoners’ Right to Adequate Medical Care in the Prison System https://commons.msu.edu/activity/p/1823560/ Tue, 22 Nov 2022 20:26:54 -0500 In recent years, the LGBTQ community has seen major
changes in the recognition of its legal rights.1 These changes come
after a long history of discrimination against the community and
criminalization of gender and sexual minorities in the United States.2
Today, the LGBTQ community, and transgender individuals in
particular, still face…[Read more]

]]> 0 c9b9c43b21e30dde173295faa5a939fd Brent Domann deposited Hidden Killers and Imagined Saints: Why Courts Fail to Identify Unconstitutional Jurors in Death Penalty Cases https://commons.msu.edu/activity/p/1823559/ Tue, 22 Nov 2022 20:25:12 -0500 What if half of the people in the jury pool for a capital case
are unqualified to sit—and the lawyers are not accurately identifying
and removing them? And what if the lawyers are actually identifying
the wrong people as unqualified and removing them instead?
This appears to be the case. The Constitution prohibits jurors
who will always (or n…[Read more]

]]> 0 2fb721044141aa8af4fc273d86ad4d1b Brent Domann deposited Does Constitutional Law Have a Future? https://commons.msu.edu/activity/p/1823558/ Tue, 22 Nov 2022 20:23:14 -0500 Over the past six years, constitutional law scholars, politicians,
and public opinion-makers have grappled with what many have
described as the anti-constitutionalism of the Trump administration.1
Responding to Trump’s presidency, its aftermath, and the
circumstances that predated and arguably precipitated it, critics have
focused on p…[Read more]

]]> 0 8acba4ec774d0efcdd77599d10af4734 Brent Domann deposited Courts in Conversation https://commons.msu.edu/activity/p/1823557/ Tue, 22 Nov 2022 20:21:15 -0500 Ralph Waldo Emerson once suggested that we read not for
instruction but for provocation.1 By that standard, in The Words That
Made Us, Akhil Reed Amar has written a characteristically great
book.2 This is not to deny that there is abundant instruction in its
many pages: Amar offers a synoptic and yet still nuanced description
of the great…[Read more]

]]> 0 188baa05d7d688aaf07283878b7b2b08 Brent Domann deposited Why Words? https://commons.msu.edu/activity/p/1823556/ Tue, 22 Nov 2022 20:19:59 -0500 What’s new in my new book, The Words That Made Us?
What’s missing? What’s next? If my tale is anywhere close to
correct, what tales told by other narrators must be rejected or
revised?
At heart, the biggest news is that a book such as this now
exists, as it did not before—a book that brings together between a
single set of covers the main co…[Read more]

]]> 0 4fa2d22c5c35a713f1ed001ee05e518d Brent Domann deposited Fitting China–US Trade into WTO Trade Law—National Security and Non-Violation Mechanisms https://commons.msu.edu/activity/p/1823554/ Tue, 22 Nov 2022 20:18:08 -0500 During the four years of the Trump presidency, there was much
Sturm und Drang over the destruction of the rules-based international
trading system. That system—first as the General Agreement on
Tariffs and Trade (GATT), then as the World Trade Organization
(WTO), as well as hundreds of preferential trade agreements among
countries—has bee…[Read more]

]]> 0 d7f500da6927a0ab1da8b129c8b7f90d Brent Domann deposited Inevitable or Avoidable? How the Illegal Wildlife Trade Is Facilitating the Spread of Zoonotic Diseases and How the Next Pandemic Can Be Avoided https://commons.msu.edu/activity/p/1823553/ Tue, 22 Nov 2022 20:14:59 -0500 On February 1, 2020, Patricia Dowd called her brother to
cancel plans to attend a funeral later in the week because she had
fallen ill with what seemed like the flu.1 Only five days later, Dowd
suddenly collapsed and died of what appeared to be a heart attack
while standing in her kitchen.2 A subsequent flu test returned a
negative result,…[Read more]

]]> 0 1164d09fbb30df2c0a4a772f85faf99e Brent Domann deposited Contextualizing (Children’s) Immigration in Law, History, Theory, and Politics https://commons.msu.edu/activity/p/1823552/ Tue, 22 Nov 2022 20:13:07 -0500 Few topics currently inspire more acrimony and reveal more
division than what is often termed “the immigration debate.”2 Indeed,
under the Trump Administration, the country has endured the longest
government shutdown in American history largely owing to the
inability of Congress to pass comprehensive and effective
immigration reform.3 The pro…[Read more]

]]> 0 5f358235a17abbd41114e02e31899e56 Brent Domann deposited Non-Competes and Other Contracts of Dispossession https://commons.msu.edu/activity/p/1823551/ Tue, 22 Nov 2022 20:11:07 -0500 Employers have used non-compete clauses to deprive tens of
millions of workers of the freedom to change jobs or start their own
businesses. In occupations ranging from home health aide to
journalist to sandwich shop worker, employers have used this legal
power to their great benefit. Non-compete clauses reduce worker
mobility, help employers…[Read more]

]]> 0 0dab25d3e073fa0f9b1b5faeab684d93 Brent Domann deposited Geographic Income Tax Marriage Equality: A Proposal to Expand the Double Basis Step-Up https://commons.msu.edu/activity/p/1823550/ Tue, 22 Nov 2022 20:08:50 -0500 Surviving spouses in community property states enjoy a
significant, but unintended, income tax advantage over surviving
spouses in other states. The advantage, known as “the double basis
step-up,” generally eliminates capital gains for surviving spouses in
community property states. This geographic inequality incentivizes
inefficient beh…[Read more]

]]> 0 1fab43b3b5d20292f80bac8bc614c97b Brent Domann deposited The Truman Show: The Fraudulent Origins of the Former Presidents Act https://commons.msu.edu/activity/p/1823549/ Tue, 22 Nov 2022 20:07:04 -0500 On January 6, 2021, a seditious mob incited by President
Donald Trump invaded and ransacked the Capitol in an attempt to
stop a joint session of Congress from certifying Trump’s defeat in
the previous November’s election.1
In the days immediately following, many people demanded that
President Trump be impeached for a second time for his rol…[Read more]

]]> 0 98ff58b0692df4cd5ba863034a1b760a Brent Domann deposited Impeachment and Its Discontents in the group MSU Law Faculty Repository https://commons.msu.edu/activity/p/1819785/ Thu, 03 Nov 2022 04:04:09 -0400 What purpose do presidential impeachments serve if the Senate does not convict? Should impeachment be attempted at all if there is no chance of conviction? These questions remind me of the old joke in which someone is asked whether he believes in infant baptism. He replies, “Believe in it? Heck, I’ve actually seen it done.”

I am not a fan of fa…[Read more]

]]> 0 e935255afe71afe7db6aa6a7bbcb12e0 Brent Domann deposited The Case of Proclamations (1610), Aldred's Case (1610), and the Origins of the Sic Utere/Salus Populi Antithesis in the group MSU Law Faculty Repository https://commons.msu.edu/activity/p/1819784/ Thu, 03 Nov 2022 04:04:08 -0400 At least since the middle of the eighteenth-century, salus populi (the people’s welfare) and sic utere (use your own without injuring others) have encapsulated alternative conceptions of regulatory power, with the former associated with continental police regimes and the latter with Anglo-American conceptions of limited government. This article f…[Read more]

]]> 0 ce0316a37e24af5e3587e1c1a2f7951f Brent Domann deposited Impeachment and Its Discontents https://commons.msu.edu/activity/p/1819694/ Wed, 02 Nov 2022 17:15:15 -0400 What purpose do presidential impeachments serve if the Senate does not convict? Should impeachment be attempted at all if there is no chance of conviction? These questions remind me of the old joke in which someone is asked whether he believes in infant baptism. He replies, “Believe in it? Heck, I’ve actually seen it done.”

I am not a fan of fa…[Read more]

]]> 0 a21b06882ca7145dcc295320dd8fcee9 Brent Domann deposited The Case of Proclamations (1610), Aldred's Case (1610), and the Origins of the Sic Utere/Salus Populi Antithesis https://commons.msu.edu/activity/p/1819687/ Wed, 02 Nov 2022 17:06:15 -0400 At least since the middle of the eighteenth-century, salus populi (the people’s welfare) and sic utere (use your own without injuring others) have encapsulated alternative conceptions of regulatory power, with the former associated with continental police regimes and the latter with Anglo-American conceptions of limited government. This article f…[Read more]

]]> 0 e2413be133f5385d86a6363b619e8df4 Brent Domann deposited Without Religion, W(h)ither Family Law? in the group Michigan State Law Review https://commons.msu.edu/activity/p/1816386/ Tue, 04 Oct 2022 04:10:53 -0400 Most fields of law in the United States appear to be heeding the
exhortation of a big-selling song, Imagine no religion, in that they
manifest a commitment to secular rather than religious authority.1
Within the Articles of the nation’s founding document, before any
amendments were ratified, framers of the new American design
provisioned t…[Read more]

]]> 0 07c145fe02eb011bccabf9e4b53d2e99 Brent Domann deposited Erasing the Thin Blue Line: An Indigenous Proposal in the group Michigan State Law Review https://commons.msu.edu/activity/p/1816385/ Tue, 04 Oct 2022 04:10:52 -0400 My earliest interaction with the police came in September 1976
when I was four.1 My mom, who is Anishinaabe, and dad, who is
white, had driven us in our small car all the way up north from
southwest Michigan where we lived to take a quick camping trip
north of Sault Ste. Marie, Ontario. At the border, the police separated
my mother from us…[Read more]

]]> 0 c275ce9a5822556eeeda151e5128b424 Brent Domann deposited Passive Takings in Action in the group Michigan State Law Review https://commons.msu.edu/activity/p/1816384/ Tue, 04 Oct 2022 04:10:52 -0400 Nearly ten years ago, I argued that government inaction in
certain cases can violate the Fifth Amendment Takings Clause.1 I
dubbed these “passive takings.” This category of liability, if
recognized, would mean that the government can violate the
Constitution by failing to act.2 Or, to put it even more provocatively,
it would mean that the Con…[Read more]

]]> 0 8d1f2a2d8ea458c6e00da59568b38f53 Brent Domann deposited The Feminist Movement’s State Action Doctrine in the group Michigan State Law Review https://commons.msu.edu/activity/p/1816383/ Tue, 04 Oct 2022 04:10:51 -0400 There is a conventional story of the state action doctrine. It
begins with the Supreme Court’s 1883 decision in the The Civil Rights
Cases, holding that Congress did not have the power to forbid
discrimination in hotels, trains, and other places open to the public. In
reaching that conclusion, the Court sharply distinguished b…[Read more]

]]> 0 503a7439a44ece9fc79c0197917a25e9 Brent Domann deposited Contextual Benefits of a Neutral Principles Approach to Religious Property Disputes in the group Michigan State Law Review https://commons.msu.edu/activity/p/1816382/ Tue, 04 Oct 2022 04:10:51 -0400 Religious property disputes raise an assortment of issues both
practical and constitutional. Should civil courts be able to decide these
disputes, and if so, under what circumstances? What is the role of the
doctrine of “church autonomy” in these disputes? 1 Can “neutral
principles of law” help courts decide these cases, and if so, what is…[Read more]

]]> 0 1ba6ac18a0a3aa10f033810e4e7b93c6 Brent Domann deposited Racialized Bankruptcy Federalism in the group Michigan State Law Review https://commons.msu.edu/activity/p/1816381/ Tue, 04 Oct 2022 04:10:50 -0400 Notwithstanding the robust national power conferred by the
U.S. Constitution’s Bankruptcy Clause, the design and administration
of federal bankruptcy law entails choices about the extent to which
nonbankruptcy-law entitlements will remain undisplaced. When such
entitlements sound in domestic nonfederal law (i.e., state or local l…[Read more]

]]> 0 0a6b1c17a66ff1c685fa5c0a526381fe Brent Domann deposited Without Religion, W(h)ither Family Law? https://commons.msu.edu/activity/p/1816302/ Mon, 03 Oct 2022 15:32:22 -0400 Most fields of law in the United States appear to be heeding the
exhortation of a big-selling song, Imagine no religion, in that they
manifest a commitment to secular rather than religious authority.1
Within the Articles of the nation’s founding document, before any
amendments were ratified, framers of the new American design
provisioned t…[Read more]

]]> 0 20735d44dc89584f6c0bf3493a6d8065 Brent Domann deposited Erasing the Thin Blue Line: An Indigenous Proposal https://commons.msu.edu/activity/p/1816301/ Mon, 03 Oct 2022 15:29:13 -0400 My earliest interaction with the police came in September 1976
when I was four.1 My mom, who is Anishinaabe, and dad, who is
white, had driven us in our small car all the way up north from
southwest Michigan where we lived to take a quick camping trip
north of Sault Ste. Marie, Ontario. At the border, the police separated
my mother from us…[Read more]

]]> 0 12a18aae9f8f8eaf0ec2052f5424998d Brent Domann deposited Passive Takings in Action https://commons.msu.edu/activity/p/1816300/ Mon, 03 Oct 2022 15:26:40 -0400 Nearly ten years ago, I argued that government inaction in
certain cases can violate the Fifth Amendment Takings Clause.1 I
dubbed these “passive takings.” This category of liability, if
recognized, would mean that the government can violate the
Constitution by failing to act.2 Or, to put it even more provocatively,
it would mean that the Con…[Read more]

]]> 0