On Friday, Ketanji Brown Jackson became the first Black woman nominated to the U. S. Supreme Court. Members of the Detroit legal community, including Jamila Jefferson-Jones, professor at Wayne State University Law School and associate director of the Damon J. Keith Center for Civil Rights, praised the historic nomination. “Judge Ketanji Brown Jackson is a judicial heavyweight,” said Jefferson-Jones. “She was on the Harvard Law Review, which is reserved for the best students in a given class. She has all the tools, including of course her years of judicial experience, her judicial clerkships…Those that I’ve spoken to, of all sorts of backgrounds, are very excited about this nomination. They see her as a gifted jurist and as someone who will do well in the court.” 

At a time of heightened racial tension, the Black Lives Matter Movement, and social injustice, Black lawyers have become even more essential to African American communities and the legal progress of the country. Black legal trailblazers of the past have cleared the way for a new generation of Black lawyers, including newly-hired adjunct professor of Wayne State University Law School James Britton. A legal career that spans several years, Britton’s passion for law and equity led him to a path of labor law. Now, in his new role as adjunct professor at Wayne State’s Law School, he intends to give students a tangible image of Black law professionals while guiding them through labor law. Combing his love for law and his knack for education, Britton will now lead the next class of Black attorneys. “I’m one of those people who always wanted to be a lawyer. I don’t remember ever wanting to do anything else,” said Britton. “At first, I wanted to be a Civil Rights lawyer like Johnnie Cochran or Thurgood Marshall. I consider that to be working in the public interest as a union side labor lawyer. My belief is that labor rights are human rights.”  

Second-year Wayne State University Law School students Dominica Convertino and Kawkab El-Moussaoui were named American Bar Association (ABA) Legal Education Police Practices Consortium (LEPPC) Fellows. The LEPPC aims to contribute to the national effort examining and addressing legal issues in policing and public safety, including conduct, oversight, and the evolving nature of police work. Convertino and El-Moussaoui are 2 of only 38 fellows serving with the ABA's Legal Education Police Practices Consortium during the winter 2022 semester, and are the only two law students selected for the program in the state of Michigan. Convertino's research will examine police practices in the City of Detroit, while El-Moussaoui's will focus on the City of Dearborn.

As the Canadian trucker ‘Freedom Convoy’ continues in protest of vaccine mandates and other restrictions, police in the Canadian capitol are warning people not to bring the truckers supplies or they’ll be arrested. The protest has sparked legal issues, as people are being arrested or threatened with arrest for honking horns or bringing in supplies. Wayne State University Law professor Lance Gable said law enforcement is within its rights. “The city government and the national government do have some legal authority to use law enforcement against people who are disrupting business and traffic…just because they have the authority, though, doesn’t mean that they have to use maximum force,” said Gable. “…obviously the protests have been disruptive, but so far they’ve remained peaceful. They’ve been gaining a lot of attention in the unusual message they’ve been using with these trucks to create a visible obstruction and a visible symbol of what they’re protesting. I think with a situation like this, for the people who might have the authority to break it up within the government, they have to weigh the consequences of being a little more aggressive…and potentially making the protests larger or more vocal…with a situation like this, it’s kind of a tough judgment call…”  

More than a year after the January 6, 2021, insurrection attempt, we’re learning more about the level of coordination that went into the effort to overturn 2020’s election result. The congressional commission tasked with uncovering details behind the attempted coup hopes its work will prevent future attacks on our democracy. However, governmental oversight does not always lead to true accountability. The Levin Center at Wayne State University Law School has a new project titled “Portraits in Oversight,” which explores the history of such investigations throughout the United States’ past. “Oversight is something that the media plays a very important role in, and that the public has to be very attentive to, so, really, it’s an ecosystem,” said Jim Townsend, a former state lawmaker and director of the Levin Center.  

By Kirsten Carlson  Kirsten Carlson, associate professor of law and adjunct associate professor of political science at Wayne State University, wrote an article outlining key takeaways from the Supreme Court’s recent ruling that cleared the way for presidential records dating from his time in office to be turned over to a House committee investigating the Jan. 6 attack. Carlson says the ruling has immediate – and potentially longer-term – consequences around the limits of executive power, unanswered questions over former presidents’ executive privilege, and the broader importance of congressional oversight.  

Professor Christopher Lund has been named Wayne State University Law School’s new associate dean for research and faculty development. The role, which was first held by professor Jonathan Weinberg, supports and promotes faculty scholarship and academic achievement. Since joining Wayne Law in 2009, Lund has taught a variety of courses, including torts, contracts, Constitutional law, religious liberty in the United States, and evidence, as has been voted Professor of the Year seven times. “During his time at Wayne Law, professor Lund has established himself as an amazing partner for the school, and has been a leading scholar in the field of religious liberty,” said Dean Richard A. Bierschbach. “I know how valuable his insights will be in his new role. He is the ideal choice to continue the outstanding work professor Weinberg has done to showcase the local, national and global impact our faculty have.”  

By Kim Russell  Governor Gretchen Whitmer asked the Michigan Catastrophic Claims Association (MCCA) to use a $5 billion surplus in its fund to give drivers a refund check, and the association agreed. The refund will come in the form of checks sent to insured drivers, even if they chose not to buy MCCA coverage last year, with the idea being that all Michigan drivers previously contributed to the base amount in the fund. Gov. Whitmer has emphasized that the surplus exists because of overpayments, but director of the Michigan Department of Insurance and Financial Services Anita Fox says it is also in large part due to investment returns and cuts. Attorney Wayne Miller, a professor at Wayne State University Law School, has represented crash victims as they fight for care and says concerns that the refund could put their futures at risk are legitimate. “I think people don’t understand what is at stake. They look at it as, hey, it’s found money” Miller said. “Of course, nothing is free and there are reasons that surplus existed.”  

Gig-economy rise prompts FTC chief’s call to alter antitrust law  Gig-economy workers fighting for higher pay and better working conditions through protests and grassroots organizing campaigns face yet another obstacle in their campaigns: U. S. antitrust law. Federal statutes aimed at promoting competition and preventing monopolies leave out gig workers, classified as independent contractors, from protections for unionizing or other group actions. Federal Trade Commission Chair Lina Khan is pushing to change that through legislation or joint guidance with the U.S. Justice Department, which would be a more straightforward, if legally risky, way of clarifying that current antitrust exemptions for traditional unions can extend to gig workers. The FTCs push joins an ongoing tug-of-war in the U.S. among gig companies, lawmakers, regulators, academics, and legal advocates over the employment status of app-based workers for Uber Technologies Inc., Lyft Inc., DoorDash Inc., and others. Companies themselves may not bring suits against workers for antitrust violations, but they have attempted to further insulate themselves from worker activity, said Sanjukta Paul, an assistant professor of law at Wayne State University.  

By Sheila Pursglove  Involved in his family’s commercial real estate business from a young age, Basem Younis learned early on that he had an affinity for numbers. He went on to earn an undergrad degree in accounting and finance from Wayne State University, remaining a Wayne Warrior for JD and MBA studies. His parents, who immigrated to the U.S. from Lebanon and Syria in pursuit of an American education and the American Dream, always emphasized that education is a powerful and essential tool for nurturing positive change in society.  “They taught me higher education is an avenue to access the type of opportunities that would allow me to help nurture the communities that helped nurture me,” Younis says.  “My undergraduate career helped me realize small businesses are catalysts for thriving communities, as it had proven to be for my parents and my community. Given that many business decisions are influenced in some manner by the law, I decided a formal understanding of the law is essential to meaningfully influence the course of businesses.” Choosing Wayne Law was an easy decision for pursuing a JD/MBA dual degree, he adds. 

When Michigan lawmakers, the mayor of Detroit, and the governor of the state gathered on Mackinac Island on May 30, 2019 to celebrate her signing the just-passed no fault insurance reform bill into law, the mood was almost giddy. It sometimes sounded like a family reunion, as Gov. Gretchen Whitmer praised the fully bipartisan effort to make sweeping changes to Michigan’s auto insurance system. "When we see one another as people, as Michiganders, we can focus on getting things done," Whitmer said. “When we see one another as Michiganders first we are capable of great things, and it doesn't stop today." Governor Whitmer has since asked the state Legislature to fix the law. But Wayne State University Law Professor Wayne Miller, an expert on no-fault, said Whitmer never should have signed it in the first place because she knew — or should have known — that it would have a devastating effect on auto accident patients. He said he and other no-fault experts were called to the governor’s office a day before the vote happened. "We thought we were being called in for an emergency conference, like, 'We’re close to a deal, we want your input and we want you to look at what we’ve drafted.' It was nothing like that," he said. "It was a done deal."Instead of a meeting with the governor’s top negotiator, a staff member handed them a copy of the final bill. Bluntly put, everyone flipped out when they saw what was in it. "We said, 'Oh my God,'" Miller recalled, because they could immediately see that the bill would destroy Michigan’s entire system of care for catastrophic car accident survivors — not just previous survivors, but all those going forward. 

Growing up, Shanice Leach was always interested in shows and movies about mysteries, true crime, and criminal justice.  “At first, I thought I wanted to do forensic science or forensic psychology but then I was introduced to the legal side through my law and public safety class in high school,” says Leach, who earned her undergrad degree in criminal justice and corrections from Wayne State University and is now a student at University of Detroit Mercy School of Law.  “I love the idea of being able to help people when they are going through a tough time in their life—bridging the gap between the community and the legal system is extremely important to me.” After graduation, Leach spent 9 months as a domestic violence advocate for the AmeriCorps Urban Safety Project (AmUS) in Detroit, where she enjoyed the community interaction. Helping more than 800 victims of domestic violence receive assistance in their time of need, Leach said her work consisted of emergency planning and helping victims file personal protection orders.

By Sheila Pursglove  Growing up, Shanice Leach was always interested in shows and movies about mysteries, true crime, and criminal justice.  “At first, I thought I wanted to do forensic science or forensic psychology but then I was introduced to the legal side through my law and public safety class in high school,” says Leach, who earned her undergrad degree in criminal justice and corrections from Wayne State University and is now a student at University of Detroit Mercy School of Law.  “I love the idea of being able to help people when they are going through a tough time in their life—bridging the gap between the community and the legal system is extremely important to me.” After graduation, Leach spent 9 months as a domestic violence advocate for the AmeriCorps Urban Safety Project (AmUS) in Detroit, where she enjoyed the community interaction. Helping more than 800 victims of domestic violence receive assistance in their time of need, Leach said her work consisted of emergency planning and helping victims file personal protection orders. “My favorite thing to do is emergency planning—specifically because most people think the only way you could help a victim in a domestic violence situation is to make them leave or force them to understand why they should leave this situation at this very moment, when in reality, they can only leave when they are ready,” she says. “Planning for emergencies includes making two to three realistic escape situations so that when it’s time for the victim to leave, he or she has an effective escape route that is logical and nothing important is forgotten.”  Leach then spent 15 months as a domestic relations specialist for the Wayne County Circuit Court, where she enjoyed meeting and interacting with attorneys, judges, and referees.  “They were extremely friendly and always available to answer any questions I needed,” she says. “Friend of the Court is like a big family.” Now a rising 3L at Detroit Mercy Law, Leach particularly enjoys the culture.  “Professors are extremely involved inside and outside the classroom—they’re knowledgeable and tell the best stories,” she says. “The competitive atmosphere is still there, of course, but everyone is still friendly and gets along well.” 

The House committee investigating the Jan. 6 attack on the U.S. Capitol is tasked with providing as full an account as possible of the attempted insurrection. But there is a problem: Not everyone is cooperating. As of Oct. 14, 2021, Steve Bannon, a one-time aide to former President Donald Trump, has stated that he will not comply with a committee subpoena compelling him to give testimony. Bannon’s lawyers have said their client is not acting out of defiance; rather, he is following the direction of Trump, who, citing executive privilege, has told Bannon not to produce testimony or documents. Either way, Bannon now faces the prospect of criminal contempt charges. 

Michigan Solicitor General Fadwa A. Hammoud made history on Tuesday by becoming the first Arab American Muslim woman to argue before the U.S. Supreme Court. The case she was arguing originated in Kalamazoo in 2007 and has now made it all the way to the high court. “Every single one of the justices actually asked a question. Justice Kavanaugh was on the phone, but every single one of the justices obviously was interested,” Hammoud said. She said arguing in front of the Supreme Court was the highlight of her career. “It really is surreal. The attorney general and I both went to Wayne State Law School. We went to an urban law school and we bring all of that that here to the Supreme Court and to the Capitol and to Washington D.C. with us. And this is what’s so wonderful about our experience,” Hammoud said. “I know that my family is here, came to surprise me -- my husband, my children, my father, my colleagues are here.” 

Jim Townsend is the director of the Levin Center at Wayne State University law school and a former member of the Michigan House of Representatives. He says the public can’t solve important problems when it disagrees on certain truths. At the Levin Center, Townsend says he is trying to encourage people “to return to the facts,” and constrain representatives to do that. “They have to feel that pressure,” he says, referring to lawmakers. Townsend says representatives also have to work across political boundaries to do what former Sen. Carl Levin taught, which was to conduct investigations with those with whom they disagree. Many policy issues go unsolved, says Townsend, because legislators are not favoring the better angels of their nature. “We have to own up to the fact that a significant reason why we’re failing to address these situations is that lawmakers don’t hold themselves accountable and they don’t hold the executive branch accountable,” he says.  https://wdet.org/posts/2021/09/29/91488-what-the-us-constitution-says-and-doesnt-say-about-truth/ 

Wayne State University Law School announced this week four new faculty members: Nancy Chi Cantalupo, Daniel Ellman, Jamila Jefferson-Jones and Hillel Nadler. Cantalupo is a nationally respected voice on Title IX, sexual harassment and gender-based violence. She has contributed significantly to U.S. public policy, including as a member of the 2013-14 Negotiated Rulemaking Committee for the Violence Against Women Act. Her scholarship focuses on using the law to combat discriminatory violence and draws from her more than two decades of work as a researcher, campus administrator, victims’ advocate, attorney and policymaker. She joins the Law School as an assistant professor of law. She was previously a faculty member at California Western School of Law. Ellman is a former trial lawyer at New York City’s Bronx Defenders. He joins the faculty after clerking for Michigan Supreme Court Justice Richard H. Bernstein and teaching in the Sociology Department at the University of Michigan. Drawing in part on his work at the Bronx Defenders, he has been instrumental in launching Wayne Law’s innovative new Holistic Defense Partnership with the university’s School of Social Work. 

Associate Professor of Law and Adjunct Associate Professor of Political Science, Kirsten Carlson, wrote an article for The Conversation. “In the intensely partisan atmosphere surrounding the House committee investigating the Jan. 6, 2021, attack on the U.S. Capitol, will the committee be able to get the information it needs? The American people, said Republican House member Liz Cheney, “deserve the full and open testimony of every person with knowledge of the planning and preparation for Jan. 6.” In opening statements link takes to a paywall at the first hearing held on July 27 by the House select committee investigating the attack, Cheney and other committee members said that an accurate record of the events on Jan. 6 - and in the time that led up to it - is essential to understanding the factors contributing to the attack so that future attacks may be prevented. The committee has several tools for shedding light on the events of Jan. 6 and ensuring that the American people learn the truth about what happened. Transparent, research-based, written by experts – and always free.”

State legislators from across the country learned about the importance of insurance oversight from a National Conference of Insurance Legislators panel entitled, “The Delicate Balance of Legislative Oversight.” One panelist was the Levin Center’s Ben Eikey, an expert on state legislative oversight. “Oversight can play a critical role in state legislatures seeking to promote a healthy insurance sector and so that families and businesses can obtain effective insurance at a fair price,” said Eikey. “Legislative oversight can help identify and analyze problems, encourage best practices, and help make sure financial help is there if disaster strikes.” The Levin Center at Wayne Law is named in honor of former U.S. Sen. Carl Levin, Michigan’s longest-serving U.S. senator who retired in 2015 after 36 years in the Senate conducting fact-based, bipartisan oversight investigations. Levin serves as the chair of the center which is headquartered at Wayne State University Law School. The center’s mission is to promote high quality oversight in Congress and the 50 state legislatures through oversight workshops, research, events, and other activities.

Amazon and Facebook have filed petitions seeking Federal Trade Commission Chair Lina Khan’s recusal in antitrust cases involving their companies. Khan’s confirmation to the FTC and appointment to lead the agency presents one of the clearest threats of major regulatory action in the tech sector in years. By seeking to recuse Khan, the companies are going after one of the biggest antitrust weapons the FTC has and, whether Khan is recused or not, the decision could muck up the antitrust charges against either company. Experts told CNBC that it makes sense for Facebook and Amazon to try to get Khan removed from the suits. Experts interviewed by CNBC said petitions for recusal of FTC commissioners happen but aren’t common. That makes the two petitions in a matter of weeks seem like an outlier. But, the experts said, it makes sense the companies would pull out all the stops given their opportunity to do so. “The last thing a party would want to do would be to sleep on its rights, so it’s not surprising that they would go ahead and raise the issue now,” said Stephen Calkins, a law professor at Wayne State University and a former FTC general counsel. “And raising it could serve a purpose even if all it does is to provide an argument the parties could make if any matter ever goes forward and ends up in a court.”