Mary Phelan D'Isa

Professor D'Isa was a member of the full-time faculty at Cooley Law School for 25-plus years before taking Distinguished Professor Emeritus status. She was a tenured faculty member in both the Legal Research and Writing and Evidence and Civil Procedure departments, and she served as the Law Review Faculty Advisor and/Scholarly Writing Program Coordinator, and sat by assignment on more than 20 faculty committees.

A prolific and award-winning author, Professor D'Isa is a member of SCRIBES and the Cooley Legal Authors Society, and was a designated Contributing Editor in Civil Procedure/Federal Courts for the American Bar Association's PREVIEW of United States Supreme Court Cases. She has published dozens of articles, chapters in treatises, and a legal reference book. Her work has been cited by the Iowa and Michigan Supreme Courts.

Before joining the Cooley faculty, Professor D'Isa was in private practice as a litigation associate with the law firms of Pretzel & Stouffer in Chicago, and Phelan, Tucker, Boyle & Mullen (now PTM Law) in Iowa City, Iowa. In law school, she was a member of the Creighton Law Review, and she served as a research assistant to the Nebraska Supreme Court for the Jury Instructions Project. She also clerked for the Douglas County Attorney's office in Omaha, Nebraska. After law school, Professor D'Isa received her Master of Science in Journalism from Northwestern University's Medill School of Journalism in Evanston, Illinois, with an emphasis in magazine publishing and legal reporting.

She is a member of the Iowa, Nebraska, and Michigan state bars, and a Fellow of the State Bar of Michigan Foundation. In 2009 she was admitted to the United States Supreme Court. In 2015, Professor D'Isa received a presidential appointment to the ABA Silver Gavel Committee, and is currently serving a three-year term. She became a certified civil mediator in 2014, and most recently joined the Michigan Attorney General's Consumer Protection Division as a Public Education Departmental Specialist. Professor D'Isa continues to teach Civil Procedure at the Lansing campus on an adjunct basis.

Articles (Law Reviews and Law Journals)

• Mary Phelan D'Isa, Is Robbery A 'Violent Felony' Under the Elements Clause of the Armed Career Criminals Act? 46 Preview U.S. Sup. Ct. Cases 10 (2018).
• Mary Phelan D'Isa, What is the Standard for Granting "Reasonably Necessary" Investigative Funds to a Death-Row Inmate in Federal Post-Conviction Proceedings? 45 Preview U.S. Sup. Ct. Cases 58 (2017).
• D’Isa, Mary Phelan, “Assessing Valid Forum Selection Clauses in Unselected Federal District Courts: A Question of Improper Venue and Mandatory Transfer or a Question of Convenience and Discretionary Transfer?” PREVIEW of United States Supreme Court Cases (ABA Div. for Pub. Ed.) Issue No. 1, Vol. 41, Pg. 38, Oct. 7, 2013, 2013-2014 Term.
• D’Isa, Mary Phelan, “Can a Sentencing Error be “Plain” Under Federal Rule of Criminal Procedure 52(b) if the Law is Unsettled at the Time of the Error But it Becomes Clear by the Time of Appeal?” PREVIEW of United States Supreme Court Cases (ABA Div. for Pub. Ed.) Issue No. 3, Vol. 40, Pg. 104, Nov. 26, 2012, 2012-2013 Term.
• D’Isa, Mary Phelan, “Trial Counsel Deficiently Advises Defendant to Reject a Plea Bargain, and After a Fair Trial , Defendant is Convicted and Receives a Longer Sentence: A Wrong Without an Appropriate Sixth Amendment Remedy?” PREVIEW of United States Supreme Court Cases (ABA Div. for Pub. Ed.) Issue No. 2, Vol. 39, Pg. 52, Oct. 31, 2011
• Sheila Pursglove, Profile in Brief: Mary Phelan D’Isa, Writing Exercise, Det. Leg. News, Oct. 12, 2011, at 1
• D'Isa, Mary Phelan, "Shifting Fees: Who Is Awarded a Prevailing Party’s Attorneys' Fees In Equal Access to Justice Act Fee Awards?" PREVIEW of United States Supreme Court Cases (ABA Div. for Pub. Ed.) Issue No. 5, Vol. 37, Pg. 221, Feb. 22, 2010, 2009-2010 Term.
• D’Isa, Mary Phelan, “Are Orders Finding Waiver of the Attorney-Client Privilege Immediately Reviewable Under the Collateral Order Doctrine?” PREVIEW Of United States Supreme Court Cases (ABA Div. for Pub. Ed.) Issue No. 1, Vol. 37, Pg. 18, Oct. 5, 2009, 2009-2010 Term.
• D'Isa, Mary Phelan, "The Removal-Remand Shuffle: Is a Remand Order Based on a Discretionary Decline of Supplemental Jurisdiction Reviewable?" PREVIEW of United States Supreme Court Cases (ABA Div. for Pub. Ed.) Issue No. 5, Vol. 36, Pg. 307, Feb. 23, 2009, 2008-2009 Term.
• D'Isa, Mary Phelan, "What is the Appropriate Standard of Review for Forfeited Error?" PREVIEW of United States Supreme Court Cases (ABA Div. for Pub. Ed.) Issue No.4, Vol. 36, Pg. 247, Jan. 12, 2009.
• D'Isa, Mary Phelan, "Grammar Control: What Is a 'Misdemeanor Crime of Domestic Violence' Under the Federal Gun Possession Statute?" PREVIEW of United States Supreme Court Cases (ABA Div. for Pub. Ed.) Issue No.2, Vol. 36, Pg. 103, Nov. 3, 2008.
• D'Isa, Mary Phelan, "Is the Tucker Act's Six-Year Limitation Period Jurisdictional?" John R. Sand & Gravel Company v. United States, PREVIEW of United States Supreme Court Cases (ABA Div. for Pub. Ed.) Issue No. 2, Vol. 35, Pg. 76, October 29, 2007, 2007-2008 Term.
• D'Isa, Mary Phelan, "When Can the Attorney General Certify That an Employee Was Acting Within the Scope of His Employment?" PREVIEW of United States Supreme Court Cases (ABA Div. for Pub. Ed.) Issue No. 2, Vol. 34, Pg.104 (Oct. 30, 2006) 2006-2007 Term.
• D'Isa, Mary Phelan, "Women and Health" Arm Yourself With Knowledge," Lansing State Journal GREATER LANSING WOMAN magazine, Oct/Nov 2005, page 12.
• D'Isa, Mary Phelan, "Are National Banking Associations "Located" in and thus Citizens of the States in Which They Operate Branch Offices?" ABA Preview of United States Supreme Court Cases, Nov. 2005, Issue No. 3 (2005-2006 Term).
• D'Isa, Mary Phelan, When May a Court of Appeals Review the Sufficiency of Evidence Supporting a Civil Jury Verdict? ABA Preview of United States Supreme Court Cases, Oct. 2005, Issue No. 2 (2005-2006 Term).
• D'Isa, Mary Phelan, When Is the Citizenship of Unnamed Affiliates Relevant to Diversity Jurisdiction Analysis? ABA Preview of United States Supreme Court Cases, Sept. 26, 2005 Issue No. 1, pg. 29 (Sept. 26, 2005) 2005-2006 Term.
• D'Isa, Mary Phelan, "When does a case "arise under" federal law for the purpose of establishing original jurisdiction in a federal court?" ABA Preview of U.S. Supreme Court Cases, April 2005, Issue 7 (2004-2005 Term).
• D'Isa, Mary Phelan, Peanuts, Pesticides, and Preemption: Are State-Law Crop Damage Claims Allowed Under Federal Law? ABA Preview of United States Supreme Court Cases, January 10, 2005, Issue 4, 207(2004-2005 Term).
• D’Isa, Mary Phelan, “Does Heck’s ‘Favorable Termination’ Requirement Bar Section 1983 Claims Challenging State Parole Procedures?” ABA Preview of United States Supreme Court Cases, Nov. 29, 2004, Issue 3, 151 (2004-2005 Term).
• D'Isa, Mary Phelan, "Does Zadvydas or Due Process Protect Excludable Aliens From Indefinite Post-Removal-Period Detention?" ABA Preview of United States Supreme Court Cases, Oct, 1, 2004, Issue 1, (2004-2005 Term).
• D'Isa, Mary Phelan, "Does a Magistrate Judge Need the Parties' Pre-Trail, Express Consent to Decide Their Case?" Issue No. 5 PREVIEW of United States Supreme Court Cases, page 258, February 21, 2003 (ABA 2002-2003 Term).
• D'Isa, Mary Phelan, "Is a “Stateless Corporation’ an Oxymoron? And Whose Law Decides?” 7 PREVIEW 373 (April 12, 2002).
• Phelan, Mary Elizabeth, "Unleashing the Limits on Lawyers' Liability? Mieras v DeBona: Michigan Joins the Mainstream and Abrogates the Privity Requirement in Attorney-Malpractice Cases Involving Negligent Will Drafting," 72 U OF DET L REV 327 (Winter 1995).
• Phelan, Mary Elizabeth, "Benefits Under Michigan's No-Fault Law: What are 'Ordinary Risks of Driving', and When is an Assailant's Intent Relevant?," 1993 DET CL REV 59.
• Phelan, Mary Elizabeth, "The Pitfalls of Presenting a Diminished Capacity Defense," 5 CRIM JUST 8 (Fall 1990)
• Phelan, Mary Elizabeth, "The First Party Dilemma: Bad Faith or Bad Business?," 34 DRAKE L REV 1031 (1985). (Article was the First Place Recipient 1985 Mason Ladd Legal Writing Competition and cited by the Iowa Supreme Court in Dolan v A.I.D. 431 NW2d 790 (Iowa 1988).
• Phelan, Mary Elizabeth, "Contribution, Indemnity and Subrogation - Sharing and Shifting the Loss Under Nebraska Law (case note)," 17 CREIGHTON L REV 323 (1984).
• Phelan, Mary Elizabeth, "Civil Rights: Punitive Damages in Section 1983 Actions: The Eighth Circuit's Requirement of Malicious Intent," 16 CREIGHTON L REV 898 (1983).

Books and Chapters in Books

• D’Isa, Mary Phelan, author "The American Bar Association Legal Guide for Women," Random House Reference (2005).
• Phelan, Mary Elizabeth. "Rule 501: Attorney-Client Privilege," in EMERGING PROBLEMS UNDER THE FEDERAL RULES OF EVIDENCE, 2nd ed., David A. Schlueter, et al. eds. Chicago: ABA (1989).
• Phelan, Mary Elizabeth. "Rule 501: Physician-Patient and Psychotherapist-Patient Privileges," in EMERGING PROBLEMS UNDER THE FEDERAL RULES OF EVIDENCE, 2nd ed. David A. Schlueter et al. eds. Chicago: ABA (1989).
• Phelan, Mary Elizabeth, contributor. "AIDS and the Law: An Overview," in CRITICAL 7 ETHICAL ISSUES FOR NURSES. Chicago: Professional Education Systems (1988).
• Phelan, Mary Elizabeth. "Chapter 17: Rule 407 Measures," in EVIDENCE IN AMERICA: THE FEDERAL RULES IN THE STATES by Gregory P. Joseph. Charlottesville, VA: Michie Co. (1987).
• Phelan, Mary Elizabeth, contributor. ILLINOIS NURSING STATUTE MANUAL. Eau Claire, WI: Professional Education Systems (1987).

Short Works

• D'Isa, Mary Phelan, "Shifting Fees: Who is Awarded a Prevailing Party's Attorneys' Fees in Equal Access to Justice Act Fee Awards?" 37 PREVIEW 221 (February 22, 2010).
• D'Isa, Mary Phelan, "Does Notice of a Title VII Discrimination Claim Preclude Applying the Continuing Violations Doctrine?" 4 PREVIEW 186 (January 2, 2002).
• D'Isa, Mary Phelan "Can Courts Impose a Heightened Pleading Standard in Federal Civil Rights Cases?" 4 PREVIEW 195 (January 2, 2002).
• D'Isa, Mary Phelan, "Does the Eleventh Amendment Bar Federal Supplement Jurisdiction?" 2 PREVIEW 135 (November 19, 2001).
• D'Isa, Mary Phelan, "What Constitutes Adequate Notice to Prisoners Under the Federal Drug Forfeiture and Customs Laws?" 2 PREVIEW 75 (October 22, 2001).
• D'Isa, Mary Phelan, "Can the Lack of a Handwritten Signature Invalidate an Otherwise Properly Filed Notice of Appeal?" 7 PREVIEW 372 (April 10, 2001).
• D'Isa, Mary Phelan, "What Is the Standard for Reviewing a Trial Court's Ruling on a Challenge to a Punitive Damage Award?" 5 PREVIEW 250 (February 13, 2001).
• D'Isa, Mary Phelan, "What Is the Standard for Reviewing a Trial Court's Decision to Grant a New Trial?" 4 PREVIEW 197 (December 29, 2000).
• D'Isa, Mary Phelan, "Does State or Federal Law Decide the Preclusive Effect of a Federal Diversity Judgment?" 3 PREVIEW 154 (November 20, 2000).
• D'Isa, Mary Phelan, "Does Immunity Under the Flood Control Act Extend to Irrigation Projects 'Connected to' Larger Projects?" 2 PREVIEW 71 (October 23, 2000).
• D'Isa, Mary Phelan, "Burdens of Proof and Standards of Review: What's a Claimant Suppose to Prove?" 6 PREVIEW 318 (March 8, 2000).
• D'Isa, Mary Phelan, "What Is the Proper Relief for Improperly Admitted Expert Testimony?" 4 PREVIEW 206 (December 20, 1999).
• D'Isa, Mary Phelan, "When Does the Limitations Period Begin To Run for Bringing A Civil RICO Claim?" 2 PREVIEW 84 (October 20, 1999).
• D'Isa, Mary Phelan, "May a Wrongfully Discharged 'Whistle-blower' Assert a Civil RICO Conspiracy Claim?" 2 PREVIEW 92 (October 20, 1999).
• D'Isa, Mary Phelan, "Federal Habeas Corpus and State Court Decisions: A Question of Federal Due Process, State Retroactivity Jurisprudence -- or Both?" 1 PREVIEW 30 (September 13, 1999).
• D'Isa, Mary Phelan, "May a Federal District Court Dismiss A Removed Case for Want of Personal Jurisdiction Before Deciding Whether It Has Subject Matter Jurisdiction?" 6 PREVIEW 315 (March 15, 1999).
• Phelan, Mary Elizabeth, "Guilt by Association? Does the NCAA 'Receive' Federal Financial Assistance Within the Meaning of Title IX Because Its Member Institutions Receive Such Funds?" 4 PREVIEW 207 (December 31, 1998).
• Phelan, Mary Elizabeth, "Postdeprivation Remedies and Procedural Due Process: Are Property Owners Entitled to Notice of Their Remedies for Recovering Properties Already Seized Pursuant to a Search Warrant?" 2 PREVIEW 74 (October 23, 1998).
• Phelan, Mary Elizabeth, "Picking a Trial Court in Money Laundering Cases: Does Where the Money Was Laundered Prevail Over Where the Laundered Money was Derived?" 7 PREVIEW 479 (April 8, 1998).
• Phelan, Mary Elizabeth, "But Judge, My Gun Was Locked in the Glove Compartment or Trunk of My Vehicle...' Another Call for the Supreme Court to Decide When a Defendant Has Carried a Firearm in Relation to a Drug Trafficking Crime," 6 PREVIEW 376 (March 12, 1998).
• Phelan, Mary Elizabeth, "Whose Law Is It Anyway? Does the Coast Guard's Decision Not to Require Propeller Guards on Recreational Motorboats Bar Personal Injury Lawsuits Based on State Law?" 6 PREVIEW 335 (February 12, 1998).
• Phelan, Mary Elizabeth, "Milking the Limitation Period for a Civil Racketeering Suit: What Is the Time Limit for Filing Suit When There Are Ongoing Fraudulent Acts and Concealment?" 7 PREVIEW 448 (April 3, 1997).
• Phelan, Mary Elizabeth, "Milking the Limitation Period for a Civil Racketeering Suit: What Is the Time Limit for Filing Suit When There are Ongoing Fraudulent Acts and Concealment?" 6 PREVIEW 448 (April 3, 1997).
• Phelan, Mary Elizabeth, "Filing a Civil Racketeering Suit: Does the Limitation Period Begin to Run When the Injury is Known or When the Injury and the Racketeering Activity Are Known?" 4 PREVIEW 259 (December 4, 1996).
• Phelan, Mary Elizabeth, "The Confinement Continuum: Looking for a Liberty Interest Somewhere Between Work Release and Parole," 3 PREVIEW 128 (November 18, 1996).
• Phelan, Mary Elizabeth, "When a Pacemaker or Other Medical Device Fails: Does Federal Law Deprive Those Injured of Their State Law Remedies?" 7 PREVIEW 365 (April 4, 1996).
• Phelan, Mary Elizabeth, "A 'Heavy' Decision: Determining the Weight of LSD for Federal Sentencing Purposes," 3 PREVIEW 128 (November 17, 1995).
• Phelan, Mary Elizabeth, "The Cart Before the Horse: Must a State Prisoner Exhaust All State Remedies Before Filing a Federal Civil Rights Claim?" 7 PREVIEW 282 (April 11, 1994).
• Phelan, Mary Elizabeth, "Can the United States Collect Prejudgment on a Texas Debt for Stolen Food Stamps," 5 PREVIEW 212 (February 5, 1993).
• Phelan, Mary Elizabeth, "Does Federal Law Give Employees the Right to Obtain a Three- Year Leave of Absence to Serve in the National Guard?" 2 PREVIEW 35 (October 28, 1991).
• Phelan, Mary Elizabeth, "Can the Attorney General Bar Aliens From Employment Pending Deportation Determination as a Condition to Granting a Release Bond?" 3 PREVIEW 97 (November 22, 1991).
• Phelan, Mary Elizabeth, "Supervised Release and the Anti-Drug Abuse Act: Just Say When," 3 PREVIEW 82 (November 9, 1990).
• Phelan, Mary Elizabeth, "And the Survey Says . . .," BRIEFS (Ingham County Bar Association) (June 1990).
• Phelan, Mary Elizabeth, "Strange Brew: Sound Amplification Guidelines, Public Forums and the Right to Rock," 10 PREVIEW 279 (February 24, 1989).
• Phelan, Mary Elizabeth, "Give Me Liberty or Give Me Section 1983: What Process is Due Illegally Detained Mental Patients?" 2 PREVIEW 40 (October 20, 1989).
• Phelan, Mary Elizabeth, "Distilling the Twenty-First Amendment: The Liquor Sticker Bicker," 4 PREVIEW 109 (November 24, 1989).