Recent Faculty Publications

Detroit Mercy Law faculty members bring their expertise into the classroom and to their scholarship where they examine legal issues that affect our local, national, and global communities.  

photo of Erin ArcherdErin Archerd
Associate Professor of Law

Online Mediation and the Opportunity to Rethink Safety in Mediation, 52 Stetson L. Rev. 307 (2022)

It's Not the Lawyers We Need to Convince, Discussions in Dispute Resolution (2021)

Two Hearts and Brewer/Distributor Conflicts, 52 University of the Pacific Law Review 803 (2021)

Evaluating Mediation’s Future, 2020 Missouri J. Dispute Res. 31 (2020)

catherine Archibald Catherine Archibald
Associate Professor of Law 

Feminist Perspectives on Bostock v. Clayton County (co-authored with Ann C. McGinley, Nicole Buonocore Porter, Danielle Weatherby, Ryan H. Nelson, and Pamela Wilkins), 53 Connecticut Law Review Online 1 (2020); 

Commentary and Rewritten Opinion for Etsitty v. Utah Transit Authority (10th Cir. 2007) in Feminist Judgments: Employment Discrimination Opinions Rewritten (Ann McGinley & Nicole Porter eds., Cambridge University Press 2020) (co-authored with Pamela Wilkins).

photo of Julia BelianJulia Belian
Associate Professor of Law

Grandmother Law, 99 U. Det. Mercy L. Rev. 253 (2022)

photo of richard broughtonJ. Richard Broughton
Associate Dean for Faculty Research and Development & Professor of Law

Activist Extremist Terrorist Traitor, 96 St. John's Law Review (forthcoming 2022)

The Second Article and Congressional Self-Defense, 59 Houston Law Review 259 (2021)

Constitutional Discourse and the Rhetoric of Treason, 47 Hastings Constitutional Law Quarterly 303 (2020)

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    Dean Broughton has article published about President Trump's first impeachment

    Dean Richard Broughton recently wrote an article entitled, "The Second Article," that is forthcoming in Volume 59 of the Houston Law Review. This paper examines the second article of the first impeachment of President Donald Trump (alleging obstruction of Congress). The paper argues that impeachment for obstruction Congress can advance several important separation-of-powers interests. It allows a diminished Congress to battle the President on its own turf, counter executive branch lawyering with its own authoritative legal assertions, and engage in a strong form of institutional self-defense. The paper concludes that although impeaching a President for obstructing Congress is difficult -- it requires the House to demonstrate serious institutional harms and account for meaningful constitutional defenses -- it also can reify the separation of powers by combining constitutional fidelity with a robust assertion of Congress's rival interests.

Melissa EckhauseMelissa Eckhause
Visiting Assistant Professor of Law 

Fighting Image Theft:  An Empirical Study of Photography Copyright Lawsuits, Albany Law Review, (forthcoming 2022)

 Dean Jelani Jefferson ExumJelani Jefferson Exum
Dean & Philip J. McElroy Professor of Law

Where Black Lives Matter Less: Understanding the Impact of Black Victims on Sentencing Outcomes in Texas Capital Murder Cases from 1973 to 2018, 66 Saint Louis University Law Journal (forthcoming 2022)(with David Niven) 

Addressing Racial Inequities in the Criminal Justice System Through A Reconstruction Sentencing Approach, 47 Ohio Northern Law Review 557 (2021) 

Presumed Punishable: Sentencing on the Streets and the Need to Protect Black Lives Through a Reinvigoration of the Presumption of Innocence, 64 Howard Law Journal 2 (2021)

That's Enough Punishment: Situating Defunding the Police Within Antiracist Sentencing Reform, 48 Fordham Urban Law Journal 625 (2021) (with Jalila Jefferson-Bullock)

Reconstruction Sentencing: Imagining Drug Sentencing in the Aftermath of the War on Drugs, Am. Crim L. Rev (Georgetown) 1685 (2021)

Sentencing Disparities and the Dangerous Perpetuation of Racial Violence, 26 Washington & Lee Journal of Civil Rights & Social Justice 491 (2020)

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    Professor Eckhause to publish article about image copyright

    Albany Law Review accepted Professor Eckhause's article Fighting Image Theft:  An Empirical Study of Photography Copyright Lawsuits, for spring publication.  Her article examines over 1,000 image infringement lawsuits that were filed since March 1, 2020, and analyzes the nature of the complaints.  By studying the who, what, where, and why of image infringement, this article seeks to devise solutions to prevent copyright infringement and fix a broken licensing system. 


    Dean Jefferson Exum publishes paper on addressing inequities in the criminal justice system

    Dean Jelani Jefferson Exum wrote an article title Addressing Racial Inequities in the Criminal Justice System Through a Reconstruction Sentencing Approach that was published by the Ohio Northern Law Review 557. In this article, Dean Jefferson Exum discusses her “reconstruction approach” to criminal justice reform and how this approach can be used to begin unraveling the effects of race on criminal justice outcomes in this article.


    Dean Jefferson Exum publishes article expanding on TEDxTalk

    Dean Jelani Jefferson Exum had her article Presumed Punishable: Sentencing on the Streets and the Need to Protect Black Lives Through a Reinvigoration of the Presumption of Innocence published by the Howard Law Review. This article is an expansion of Dean Jefferson Exum's TEDxTalk titled #PersumedPunishable: Sentencing on the Streets

    From the Abstract

    Following the police killing of George Floyd in the summer of 2020, there has been a renewed focus on protecting Black people in America from excessive police violence. While the images of George Floyd were shocking to the public, that level of extreme violence and disregard for life has been a common aspect of the lives of Black Americans throughout history. In America, Black people are “presumed punishable.” Due to the historical and persistent biases against Black people, Black people find themselves subject to false assumptions about their criminality and presumptions that they are deserving of punishment. This stands in stark contrast to the presumption of innocence that has been enshrined into our American understandings of fairness in the criminal justice system. Though scholars have posited a host of suggested policing reforms in the wake of the renewed Black Lives Matter movement, this Article argues that none of those reforms will lead to sustained improvement in the lives of Black Americans if they are not accompanied by the acknowledgement of the daily biases faced by Black people and the employment of new understandings of basic constitutional protections to address the effects of those biases. Through this author's “presumed punishable” concept, this Article offers a reinvigoration of the presumption of innocence as a due process requirement as a possible vehicle for protecting black lives.


    Dean Jefferson Exum publishes article reimagining drug sentencing laws

    Reconstruction Sentencing: Reimagining Drug Sentencing in the Aftermath of the War on Drugs published in the American Criminal Law Review from Georgetown Law Center. The article examines the drug sentencing system in the wake of the war on drugs and reimagines how this system could work. 

    From the Abstract

    The year is 2020, and the world has been consumed by a viral pandemic, social unrest, increased political activism, and a history-changing presidential election. In this moment, anti-racism rhetoric has been adopted by many, with individuals and institutions pledging themselves to the work of dismantling systemic racism. If we are going to be true to that mission, then addressing the carnage of the failed War on Drugs has to be among the top priorities. The forty years of treating drug law offenders as enemies of society have left us with decimated communities and have perpetuated a biased view of individuals in those communities. Of course, the bulk of the devastation waged by the War has been borne by Black and brown families. To begin the work of repairing the damage caused by overly punitive and racially disproportionate drug law enforcement, we must make commitments to actually end the War. Moreover, we must commit to reinterpret our Constitution to protect those who suffered most from Wartime policies and those who are most vulnerable to post-War retaliation. Dr. Henry Louis Gates, Jr. has written that “few American historical periods are more relevant to understanding our contemporary racial politics than Reconstruction.” This Article argues that Reconstruction’s modern relevance goes beyond politics and is especially applicable to the criminal sentencing context where law and policy have been used to perpetuate racialized oppression. With that in mind, this Article uses the promise and pitfalls of the Reconstruction Era as a model for reimagining drug sentencing in the aftermath of the War on Drugs. 

    The War on Drugs officially began in 1971 when President Nixon targeted drug abuse as “public enemy number one.” The goal of the war rhetoric was clear: identify drug abuse and the drug offender as dangerous foes to the law-abiding public and mandate military-like tactics to contain and defeat them. Criminal sentencing would come to be the weapon of choice used in this urgent combat. As a part of the war efforts, the Anti-Drug Abuse Act of 1986 was passed under President Reagan, establishing a weight-based, highly-punitive, mandatory- minimum sentencing approach to drug offenses that has persisted in some form for the last four decades. When the Act was passed, crack cocaine was publicized as the greatest drug threat, and crack cocaine offenders—the vast majority of whom were Black—were subjected to the heaviest mandatory minimum penalties. Like any war, the consequences of the War on Drugs has had widespread casualties, including (but not limited to) the destruction of many communities, families, and individuals; the increase in racial disparities in punishment; and a fiscal disaster in penal systems across the country. What the War on Drugs has failed to do is eradicate drug abuse in the United States. It is time to move on from this failed War. This Article imagines an America in which the War on Drugs has officially ended and introduces the idea of a “Reconstruction Sentencing” model in which we heal from the devastating effects of the drug war through intentional reinterpretation of key constitutional provisions. During the aftermath of the War, reconstruction sentencing necessitates an understanding that drug crime is undeterred by incarceration. Reconstructing our approach to drug sentencing requires identifying the goals of drug sentencing and developing multifaceted approaches to address and eradicate the underlying sources of the drug problem. When this is done, we may find that more appropriate purposes of punishment—rehabilitation and retribution— compel us to think beyond incarceration and move us away from viewing mandatory minimum sentences as ever appropriate. 

    This Article proceeds in four parts. Part I explores the need for Reconstruction following the Civil War and compares that period to the usefulness of a Reconstruction model for a post-Drug War period. The causes and casualties of the War on Drugs are explained in Part II, with a focus on how the War has disproportionately targeted Black communities. Part III then discusses how a reinvigoration of constitutional protections, namely those found in the Thirteenth Amendment, can and should be used to end the War on Drugs and rectify the damage that the War has caused over the past four decades. In Part IV the Article introduces ways in which this Reconstruction approach. 

Troy HarrisTroy L. Harris
Associate Professor of Law

International Construction Arbitration Handbook (Thomson West, 2022 ed.)

“Weak” Legal Pluralism and the Eighteenth Century English Ecclesiastical Courts, Journal of Legal History (forthcoming 2023)

Karen Henning McDonaldKaren McDonald Henning
Associate Dean for Academic Affairs & Associate Professor of Law

Mastering Criminal Procedure (3d ed. Carolina Press, 2020) (with Ellen Podgor, Peter Henning, Cynthia Jones & Sanjay Chhablani)

cristina lockwoodCristina D. Lockwood
Professor of Law 

Successful Legal Analysis and Writing: The Fundamentals (5th ed., West 2022) (with Christopher D. Soper)

Legal Ethics, Chapter 22, in ICLE, Michigan Basic Practitioner Handbook (6th ed., forthcoming 2022)

The Presence of Justice: A Call to Expand the Humanitarian Exception in ABA Model Rule of Professional Conduct 1.8(e), 36 Notre Dame Journal of Law, Ethics & Public Policy 65 (2022)

Lawrence Dubin & Cristina Lockwood, in ICLE, Michigan Basic Practitioner Handbook, Chapter 22 (6th ed., 2021)

Michigan Legal Research, Fourth Edition (Carolina Academic Press 2021)

Paula ManningPaula J. Manning
Assistant Dean for Academic Support and Bar Preparation and Professor of Law

How to Train Your Supervisor, 42 Pace Law Review (forthcoming 2022)

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    Professor Lockwood publishes fourth edition of Michigan Legal Research

    Michigan Legal Research, Fourth Edition introduces sources of Michigan law and the process of researching legal issues in Michigan, supplemented with information regarding legal research in the federal system. The text includes numerous charts, guides, screen shots of resources, and other tools to help the reader better understand the material. The goal of the book is to teach readers how to conduct effective and efficient research with a focus on free legal resources.


    Professor Lockwood to have co-authored book published in 2022

    With Christopher D. Soper, Professor Cristina Lockwood has written the Fifth Edition of the book Successful Legal Analysis and Writing: The Fundamentals. This book provides instruction and templates for analyzing and discussing legal problems. The book covers how to draft formal and email memoranda and client letters as well as trial and appellate briefs, providing several examples of each. It also includes a chapter on oral argument. Each chapter states the learning objectives to be accomplished, has self-guided exercises for students to complete, and discusses relevant ethical and technological considerations.


    Professor Lockwood to have article published about allowing attorneys to provide support for clients

    Professor Cristina Lockwood had her article “The Presence of Justice”: A Call to Expand the Humanitarian Exception in ABA Model Rule of Professional Conduct 1.8(e) accepted for publication by the Notre Dame Journal of Law, Ethics & Public Policy. This article argues that the ABA’s recent amendment to Model Rule of Professional Conduct 1.8(e) allowing lawyers to give modest gifts to indigent pro bono clients for basic living expenses, although laudable, should be expanded. The paper proposes that states considering adopting the ABA’s recent amendment should instead adopt a rule that allows lawyers to provide financial assistance to existing clients in an emergency financial situation. A gift or loan for basic necessities in an emergency situation will allow clients to withstand delays in litigation that would otherwise put substantial pressure on the client to settle a case because of financial hardship rather than on the merits.  


    Professor Lockwood and Professor Dubin have book chapter published

    Chapter 22, titled Legal Ethics, in the Michigan Basic Practitioner Handbook comprehensively covers professional conduct information for Michigan attorneys. It discusses, interprets, and provides guidance regarding the Michigan Rules of Professional Responsibility, Michigan case law concerning professional conduct of lawyers, Michigan court rules, Michigan administrative orders, Michigan and American Bar Association ethics opinions and decisions, along with Michigan Attorney Discipline Board orders and opinions. 

Patrick MeyerPatrick Meyer
Director, Kresge Law Library and Professor of Law

This Article Contains 400 Calories: A Critique Of, and Call for Expansion To, the Menu Labeling Requirements of Section 4205 of the Affordable Care Act, 56 Ind. L. Rev. 59 (2022)

deb paruchDeborah Paruch
Professor of Law 

Attorney-Client Privilege and the Work Product Doctrine in Michigan (2d ed., ICLE 2022) (with Fatima M. Bolyea)

Solitary Confinement of Juveniles: It is a Cruel and Unusual Punishment, 25 Idaho Law Review (2022)

michelle richardsMichelle Richards
Associate Professor of Law 

Going Viral?: Examining the Use of Civil Liability Strategies as a Response to Public Health Crises, 18 University of New Hampshire Law Review (forthcoming 2021)

Pills, Public Nuisance, and Parens Patriae: Questioning the Propriety of the Posture of the Opioid Litigation, 54 University of Richmond Law Review 405 (2020)

Nick SchroeckNicholas J. Schroeck
Associate Dean for Experiential Education & Associate Professor of Law 

Water Law Issue: Introduction, Michigan Bar Journal (forthcoming Summer 2022)(with Ross Hammersley)

Engage Communication of Environmental Health Science: Processes and Outcomes of Urban Academic-Community Partnerships, Applied Environmental Education & Communication (June 2021) (with Carrie Leach, et al.)

The Flint Water Crisis, Drinking Water Regulations and Gaps in Lead, Copper, and Legionella Protections, 98 University of Detroit Mercy Law Review (2020)

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    Dean Schroeck co-authors article about communicating with communities in environmental crisis

    Dean Nicholas Schroeck recently had an article he co-authored published in Applied Environmental Education & Communication. The article, "Engaged communication of environmental health science: Processes and outcomes of urban academic-community partnerships,” explores how environmentally over run communities need information and resources to cope with hazards and how the authors engaged Detroit stakeholders in the co-production of environmental health communication tools.  

    From the abstract: 

    Environmentally overburdened communities need information and resources to cope with hazards. We describe, and use a case study to depict, a participatory process of engaging Detroit stakeholders with academic researchers in the co-production of environmental health communication tools to enhance their capacity to address the unjust conditions. Over five years, we disseminated tools to 763 individuals who connected us to their network members so that we reached three times as many (n = 2,273) through snowball methods. On-going demand and evaluation findings indicated that our model was responsive to local circumstances, which may inform and encourage others to engage in such collaborations.

Elizabeth SherowskiElizabeth Sherowski
Visiting Assistant Professor of Law 

An Inclusive Model for New Lawyer Licensing, 51 Capital University Law Review (forthcoming 2023).

Measuring Impact: A Supportive and Inclusive Definition of Legal Writing Scholarship, 2 Proceedings: The Online Journal of Legal Writing Conference Presentations 22 (2021)

Book Review, Narrative and Metaphor in the Law, Legal Communication & Rhetoric: Journal of the Association of Legal Writing Directors (forthcoming 2021)

A New Way to Teach Secondary Source Research: Source Discovery, 28 Perspectives: Teaching Legal Research and Writing 32-35 (2020)

cara cunningham warrenCara Cunningham Warren
Associate Professor of Law

International Law in Context (Carolina Academic Press, 2023)

Cultivating the International Criminal Court’s Legitimacy and Use of Constructivism to Prepare for Head-of-State Aggression Prosecutions, in The Past, Present, and Future of the International Criminal Court (International Nuremberg Principles Academy 2021). 

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    Professor Sherowski publishes article about measuring impact of legal scholarship

    Professor Elizabeth Sherowski had her article Measuring Impact: A Supportive and Inclusive Definition of Legal Writing Scholarship published by 2 Proceedings: The Online Journal of Legal Writing Conference Presentations. As we seek to define legal writing scholarship, she argues that all scholarship is better measured by impact than by length. The impact of what we write may extend beyond the legal academy to reach the bench and bar, academia in general, and the public and our definition should recognize, and even embrace, that a scholar might produce a wide variety of works for a wide variety of audiences, rather than restricting every scholar to the traditional law review article aimed at other academics. 

Stephen WilksStephen Wilks
Associate Professor of Law

Sheriffs, Shills, or Just Paying the Bills?: Rethinking the Merits of Compelling Merchant Co-Operation with Third-Party Policing in the Aftermath of George Floyd's Death, 79 Washington and Lee Law Review 5 (forthcoming 2023)

Disturbing the Modern Plantation: How COVID-19 is Reinforcing the Food Supply Chain’s Function as a Social Sorting Tool, 30 Cornell Journal of Law & Public Policy (2021)

Chasing the Fruits of Misery: Confronting the Historical Relationship Between Opioid Revenues, Offshore Financial Centers, and International Regulatory Networks, 41 Northwestern Journal of International Law & Business 1 (2021)

Opportunistic Prosecution? Huawei and the Role of Banking Regulation in China’s Trade War with the United States, in Big Policy and Big Crime: Is It All About the Money? (Elizabeth Kirley & Tonita Murray, eds.) (forthcoming 2021)

Designed for Disruption: When COVID-19 Collides with a Fractured Supply Chain and Politicized Global Trading System, in Outsmarting the Next Pandemic (Elizabeth Kirley & Deborah Porter, eds.) (forthcoming 2021)

The Reimagined Schoolyard: Social Participation, Hegemony, and Cryptocurrency’s Adoption in Tomorrow’s International Monetary Order, 2020 Boston College Intellectual Property & Technology Forum. 

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    Professor Wilks publishes article about the food supply chain as a social sorting tool

    Professor Stephen Wilks recently published new scholarship about how COVID-19 is reinforcing the food supply chain's function and a social sorting tool. His article Disturbing the Modern Plantation: How COVID-19 is Reinforcing the Food Supply Chain’s Function as a Social Sorting Tool was published by the Cornell Journal of Law & Public Policy. 

    From the overview: 

    This Article confronts the moral vandalism of heaping admiration on food and agricultural workers while benefiting from their marginalization. It critiques the commercial and political imperatives using law in ways that deny choice to some while protecting the right of anti-lockdown protesters to express socially-harmful choices in absolutist terms. Whether we shop for groceries and prepare meals at home, eat at restaurants, find food trucks, opt for “drive-thru” service, or order food using our smartphones, each of us exists at the end of a food supply system. Such varied approaches to filling our stomachs engage discrete logistical arrangements connecting fields, factories, and forks. Most consumers are far removed from those who work within the input segments of our food supply chains to support our eating patterns. Planting, harvesting, sorting, transporting, quality control, and directing items to particular sectors—such as institutions, grocery stores, restaurants, and elsewhere—all depend on human participation. Truck drivers, logistics coordinators, wholesalers, and other intermediaries play a vital role in moving our food through production corridors linking processing facilities to markets. In the consumptive segments of this vast system, people restock grocery stores and serve as checkout clerks; employees in every conceivable food service environment toil away in kitchens, serve customers, clean tables, and wash dishes; and those within the “gig” economy work as shoppers or deliver fast food to our doorsteps. All of these workers derive their livelihood from food-based commodities moving from source to customer.


    Professor Wilks publishes scholarship on the impact of cryptocurrency

    Professor Stephen Wilks recently authored new scholarship about cryptocurrency's potential impact on society based on specific periods of socio-legal history of money. His article "The Reimagined Schoolyard: Cryptocurrency's Adoption in Tomorrow's International Monetary Order" was published in Boston College Intellectual Property and Technology Forum.

    From the abstract:

    This Article looks to specific periods in the socio-legal history of money to make a series of predictive statements about cryptocurrency’s contemporary impact. New forms of currency have been more consequential than simply solving narrowly defined problems. They have shaped relationships between technology and government’s expansionary aims to produce important structural arrangements – sometimes at the cost of disrupting incumbent ones. In the prehistoric era, commodity-based forms of money gave way to metal coins and systems of exchange that facilitated trade expansion and would eventually express political power in their physical design. The large- scale circulation of paper notes in seventeenth-century England also responded to a mix of technological and governmental needs that created their own disruptive effects. This paradigm would repeat itself in America’s early history and ultimately lay the seedbed for today’s global political economy. In each of these historical periods, social participation remained a key element in the evolution of state power through its currency. This history gives rise to two observations about digital currency and its prospects. The first suggests cryptocurrency’s disruption will echo prior experiences with new currency adoption while attempting to address some perceived problem. The second observation argues that cryptocurrencies signal a new phase in the constantly evolving project of defining law's role in the relationship between currency, governance and regulation; and where the modern state remains interested in controlling money's production and movement.

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    Complete List

    You can view a complete list of all faculty publications here

    For more information about individual faculty members' research and publications, please visit their biography page on the faculty page.