Brendan T. Beery

Western Michigan University Cooley Law School

Professor of Law

300 S. Capitol Avenue

P.O. Box 13038

Lansing, MI 48901

United States

SCHOLARLY PAPERS

13

DOWNLOADS
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CROSSREF CITATIONS

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Scholarly Papers (13)

1.

Five Different Species of Legal Tests--And What They All Have in Common

Quinnipiac Law Review, Forthcoming
Number of pages: 31 Posted: 11 Sep 2018
Brendan T. Beery and Dan Ray
Western Michigan University Cooley Law School and Western Michigan University Thomas M. Cooley Law SchoolIndependent
Downloads 459 (62,251)

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legal reasoning, syllogism, deductive reasoning, law students, legal education, legal writing

2.

When Originalism Attacks: How Justice Scalia's Resort to Original Expected Application in Crawford v. Washington Came Back to Bite Him in Michigan v. Bryant

59 Drake L. Rev. 1047 (2011)
Number of pages: 39 Posted: 16 Apr 2011 Last Revised: 21 Sep 2018
Brendan T. Beery
Western Michigan University Cooley Law School
Downloads 199 (153,891)

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Scalia, Confrontation Clause, originalism, textualism, text and principle, equal protection, fourteenth amendment, constitutional interpretation

3.

Rational Basis Loses Its Bite: Justice Kennedy's Retirement Removes the Most Lethal Quill from LGBT Advocates' Equal-Protection Quiver

Syracuse Law Review, Forthcoming
Number of pages: 27 Posted: 07 Aug 2018
Brendan T. Beery
Western Michigan University Cooley Law School
Downloads 124 (230,892)

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Constitutional Law, LGBT Rights, Rational Basis Review, Standards of Review, Rational Basis with a Bite, Equal Protection, Justice Kennedy

4.

Tiered Balancing and the Fate of Roe v. Wade: How the New Supreme Court Majority Could Turn the Undue-Burden Standard Into a Deferential Pike Test

Kansas Journal of Law & Pubic Policy, Forthcoming
Number of pages: 23 Posted: 22 Sep 2018
Brendan T. Beery
Western Michigan University Cooley Law School
Downloads 87 (292,551)

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5.

Be Careful What You Ask for: Navigating a Remand after You've Won the Appeal

Michigan Bar Journal, May 2002
Number of pages: 4 Posted: 18 Apr 2011
Brendan T. Beery
Western Michigan University Cooley Law School
Downloads 63 (351,141)

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appellate practice, remand, mandate, appeal

6.

Prophylactic Free Exercise: The First Amendment and Religion in a Post-Kennedy World

Albany Law Review, Forthcoming
Number of pages: 25 Posted: 28 Aug 2018
Brendan T. Beery
Western Michigan University Cooley Law School
Downloads 45 (409,212)

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constitutional law, prophylactic free exercise, dynamic free exercise, free exerise, kavanaugh, kennedy, first amendment

7.

Lading and Weight: Suggested Evidentiary Burdens in Senate Judicial-Nominee Hearings Post-Kavanaugh

University of New Hampshire Law Review, Forthcoming
Number of pages: 53 Posted: 16 Nov 2018
Brendan T. Beery
Western Michigan University Cooley Law School
Downloads 36 (444,629)

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kavanaugh, judicial, nominee, hearing, proceedings, senate, confirmation, appointment, supreme court

8.

How to Argue Liberty Cases in a Post-Kennedy World: It's Not About Individual Rights, But State Power and the Social Compact

National Lawyers Guild Review, Forthcoming
Number of pages: 19 Posted: 07 Aug 2018
Brendan T. Beery
Western Michigan University Cooley Law School
Downloads 33 (457,585)

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substantive due process, John Locke, Ninth Amendment, Tenth Amendment, individual rights, social compact, state power

9.

My Doctor Made Me Crazy: Can a Medical Malpractice Plaintiff Allege Psychologocal Damages Without Making Credibility the Issue?

Thomas M. Cooley Law Review, Vol. 27, No. 2, 2010
Number of pages: 32 Posted: 18 Apr 2011
Brendan T. Beery
Western Michigan University Cooley Law School
Downloads 30 (471,454)

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medical malpractice, psychological damages, torts, sanism, attorney misconduct

10.

Constitutional Law: A Survey of Michigan Cases

Wayne Law Review, Vol. 64, No. 3, 2019
Number of pages: 39 Posted: 20 Jun 2019
Brendan T. Beery and Dan Ray
Western Michigan University Cooley Law School and Western Michigan University Thomas M. Cooley Law SchoolIndependent
Downloads 27 (492,202)

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Survey, Michigan, Constitutional Law

11.

It Is What It Is

Michigan Bar Journal, 2004
Number of pages: 2 Posted: 18 Apr 2011
Brendan T. Beery
Western Michigan University Cooley Law School
Downloads 23 (508,967)

Abstract:

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plain language, legal writing

12.

Some Particularly Useless Words

Michigan Bar Journal, July 2003
Number of pages: 2 Posted: 18 Apr 2011
Brendan T. Beery
Western Michigan University Cooley Law School
Downloads 22 (514,917)

Abstract:

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writing plain language

13.

Free Exercise Standing: Extra-Centrality As Injury In Fact

St. John's Law Review, Forthcoming
Number of pages: 38 Posted: 12 Apr 2019 Last Revised: 14 Apr 2019
Brendan T. Beery
Western Michigan University Cooley Law School
Downloads 21 (520,797)

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