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Articles 1 - 30 of 61
Full-Text Articles in Entire DC Network
Workplace Dispute Resolution In Ireland At A Crossroads: Challenges And Opportunities, Brian M. Barry Dr
Workplace Dispute Resolution In Ireland At A Crossroads: Challenges And Opportunities, Brian M. Barry Dr
Articles
The Workplace Relations Act 2015 fundamentally reformed the workplace dispute resolution system in Ireland–the centrepiece being the Workplace Relations Commission, the new body for first-instance dispute resolution. While the overall system is an improvement on its overly-complex and confusing predecessor, the Supreme Court’s decision in Zalewski v An Adjudication Officer declaring aspects of adjudication at the WRC unconstitutional, coupled with user representatives’ persistent concerns about how adjudication is conducted, present ongoing challenges.
This article describes the results of a survey undertaken in 2019 by the author of over one hundred representatives’ views on the system, and contextualises them in light …
“Community Guidelines”: The Legal Implications Of Workplace Conditions For Internet Content Moderators, Anna Drootin
“Community Guidelines”: The Legal Implications Of Workplace Conditions For Internet Content Moderators, Anna Drootin
Fordham Law Review
Content moderation is the internet’s not-so-secret, dirty little secret. Content moderators are working around the world, and around the clock, to scrub the internet of horrific content. Most moderators work for low pay and with little or no health care benefits. The content they are exposed to leaves them vulnerable to a number of different mental health issues, including post-traumatic stress disorder. Their work is often hidden from users and is de-emphasized by the technology industry. This Note explores potential solutions to the labor and employment issues inherent in content moderation work and suggests that there could be a path …
Justiciability Of All Human Rights: Scottish Independence As Redress For British Human Rights Abuses, Ann M. Piccard
Justiciability Of All Human Rights: Scottish Independence As Redress For British Human Rights Abuses, Ann M. Piccard
Florida Journal of International Law
No abstract provided.
The Case For Complicity-Based Religious Accomodations, Joshua Craddock
The Case For Complicity-Based Religious Accomodations, Joshua Craddock
Tennessee Journal of Law and Policy
No abstract provided.
Public Health And The Power To Exclude: Immigrant Expulsions At The Border, Sarah R. Sherman-Stokes
Public Health And The Power To Exclude: Immigrant Expulsions At The Border, Sarah R. Sherman-Stokes
Faculty Scholarship
We are presently in the midst of a crisis at the U.S.-Mexico border, as Courts, and indeed the Biden Administration, are struggling to manage thousands of immigrants waiting to seek asylum in the midst of a global pandemic. Beginning in March of 2020, against the advice of public health experts, the U.S. Government closed the southern U.S.-Mexico border, disproportionately impacting would-be asylum seekers from Central America, who are now immediately expelled from the United States should they reach the border under a process known as “Title 42.” Not only do these expulsions lack a legitimate public health rationale, but they …
The Paradox Of Free Speech In The Digital World: First Amendment Friendly Proposals For Promoting User Agency, Nadine Strossen
The Paradox Of Free Speech In The Digital World: First Amendment Friendly Proposals For Promoting User Agency, Nadine Strossen
Articles & Chapters
The United States Supreme Court has continued a speech-protective trend dating back to the 1960s, safeguarding even the most controversial speech from government regulation, including speech that critics of this trend label with the stigmatizing terms "hate speech," "disinformation," "misinformation," "extremist speech," and "terrorist speech." In contrast, as dominant online platforms have become increasingly important forums for both individual self-expression and democratic discourse, the platforms have been issuing and enforcing increasing restrictions on their users' speech pursuant to each platform's content moderation policies. These restrictions often suppress speech that the U.S. Constitution bars government from suppressing. As private sector entities, …
State Sponsored Radicalization, Sahar F. Aziz
State Sponsored Radicalization, Sahar F. Aziz
Michigan Journal of Race and Law
Where was the FBI in the months leading up to the violent siege on the U.S. Capitol in 2021? Among the many questions surrounding that historic day, this one reveals the extent to which double standards in law enforcement threaten our nation’s security. For weeks, Donald Trump’s far right-wing supporters had been publicly calling for and planning a protest in Washington, D.C. on January 6, the day Congress was to certify the 2021 presidential election results. Had they been following credible threats to domestic security, officials would have attempted to stop the Proud Boys and QAnon from breaching the Capitol …
Taxation And Business: The Human Rights Dimension Of Corporate Tax Practices, Reuven S. Avi-Yonah
Taxation And Business: The Human Rights Dimension Of Corporate Tax Practices, Reuven S. Avi-Yonah
Book Chapters
The response of both developed and developing countries to global developments has been first, to shift the tax burden from (mobile) capital to (less mobile) labour, and second, when further increased taxation of labour becomes politically and economically difficult, to cut government services. Thus, globalization and tax competition lead to a fiscal crisis for countries that wish to continue to provide those government services to their citizens, at the same time that demographic factors and increased income inequality, job insecurity and income volatility that result from globalization render such services more necessary. This chapter argues that if government service programs …
Unleashing Pets From Dead-Hand Control, Kaity Y. Emerson, Kevin Bennardo
Unleashing Pets From Dead-Hand Control, Kaity Y. Emerson, Kevin Bennardo
Nevada Law Journal
No abstract provided.
The Pigouvian Constitution, Peter N. Salib
The Pigouvian Constitution, Peter N. Salib
University of Chicago Law Review
How can lawmakers reduce the skyrocketing rate of gun deaths in the United States? How can they stymie the spread of viral fake news stories designed to under-mine our elections? Certain constitutionally protected activities—like owning a gun or speaking online—can generate social harms. Yet when lawmakers enact regulations to reduce those harms, they are regularly struck down as unconstitutional. In-deed, the very laws designed to most aggressively reduce social harms—like total criminal bans—are the least likely to be upheld. As a result, regulators appear stuck with an unpleasant choice—regulate constitutionally or effectively, but not both.
This Article proposes a novel …
Mmu: 08/23/21–08/29/21, Student Bar Association
Mmu: 08/23/21–08/29/21, Student Bar Association
Monday Morning Update
Welcome Back
This Week @ NDLS
General Announcements
Note to 1Ls
Stoic Start to the Week
Sport Report by Ashley Topel
1L of the Week: William Golden
2Ls Taking Ls: Davis Lovvorn
Ask a 3L: Stephanie Wong
Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe
Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe
Georgia Journal of International & Comparative Law
No abstract provided.
Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson
Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson
French Summer Fellows
This project aims to assess the relative success of revitalization efforts for seven languages: Welsh, Scottish Gaelic, Irish, Hopi, Navajo, Breton, and Occitan. The success of linguistic revitalization is determined through comparative analysis of minority languages in the United States, the United Kingdom, Ireland, and France as seen through each country’s history, melting pot experiences, traditions, language protection laws, education system, in addition to the differing levels of diffusion via the Internet. A key point of analysis is the strength of language protection laws in the United States, United Kingdom, Ireland, and France. Language is the most primordial expression of …
The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler
The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler
Notre Dame Journal on Emerging Technologies
This Article envisions what it would look like to tailor the First Amendment editorial privilege to the multifaceted nature of the internet, just as courts have done with media in the offline world. It reviews the law of editorial judgment offline, where protections for editorial judgment are strong but not absolute, and its nascent application online. It then analyzes whether the diversity of internet platforms and their functions alter how the Constitution should be applied in this new setting. First Amendment editorial privilege, as applied to internet platforms, is often treated by courts and platforms themselves as monolithic and equally …
After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne
After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne
All Faculty Scholarship
While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system.
Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive …
Oral Testimonies Of Female Emigrants From Northern Ireland: Finding The The Universal And Unique Stories Of Migration, Lisa Ahmed
International Development, Community and Environment (IDCE)
The purpose of this paper is to add a nuanced understanding to the study of women and migration. By using oral testimonies to conduct this narrative research study I was able to add to growing body of knowledge on women and migration. This study focused on women who arrived in the United States from Northern Ireland, for family the migration process started in Germany. The terms migration, emigration and immigration are used in the paper to describe people in movement within and across national borders. This narrative illustrates some of the consequences when nation states use their power to facilitate …
Turning The Tables On Rds: Racially Revealing Questions Asked By White Judges, Constance Backhouse
Turning The Tables On Rds: Racially Revealing Questions Asked By White Judges, Constance Backhouse
Dalhousie Law Journal
In the 1997 RDS case, the Supreme Court of Canada deliberated on the concept of judicial race bias. The decision subjected the oral ruling of a lower court trial judge in a busy Youth Court to close scrutiny. The majority of the nine-person, all-white bench reprimanded Canada’s first Black female judge, whose words about police officers who “overreact” in dealing with racialized youth they found “troubling” and “worrisome.” This article places the same close scrutiny on the words of the white judges who were most critical of the trial judge. It examines their informal interjections and comments at the Supreme …
Addressing Vaccination Hesitancy, Savannah Young
Addressing Vaccination Hesitancy, Savannah Young
University of Miami International and Comparative Law Review
This note examines the United States’ vaccination policy in comparison to other countries’ policies. Throughout Europe and in certain states in the United States, vaccination requirements are tightening, and citizens are expected to comply with more stringent requirements. The past year has brought new outbreaks of vaccine-preventable diseases in the United States and Europe, which has led to a push against the anti-vaccine movement and for stronger vaccination policies. However, the likelihood of a federally mandated immunization program emerging in the United States, like those in Europe and China, is low. The best policies to encourage vaccination compliance are to …
Trump’S Insurrection: Pandemic Violence, Presidential Incitement And The Republican Guarantee, Elizabeth M. Iglesias
Trump’S Insurrection: Pandemic Violence, Presidential Incitement And The Republican Guarantee, Elizabeth M. Iglesias
University of Miami Race & Social Justice Law Review
Our own experience has corroborated the lessons taught by the examples of other nations; . . . that seditions and insurrections are, unhappily, maladies as inseparable from the body politic as tumors and eruptions from the natural body; that the idea of governing at all times by the simple force of law (which we have been told is the only admissible principle of republican government), has no place but in the reveries of those political doctors whose sagacity disdains the admonitions of experimental instruction. Should such emergencies at any time happen under the national government, there could be no remedy …
Plastic Prohibition: The Case For A National Single-Use Plastic Ban In The United States, Margaret Kolcon
Plastic Prohibition: The Case For A National Single-Use Plastic Ban In The United States, Margaret Kolcon
Penn State Journal of Law & International Affairs
No abstract provided.
Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips
Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips
William & Mary Journal of Race, Gender, and Social Justice
This Note argues that mandatory disclosures of personal information—specifically race, sex, and gender—on a marriage license application constitute compelled speech under the First Amendment and should be subject to heightened scrutiny. Disclosing one’s race, sex, or gender on a marriage license application is an affirmative act, and individuals may wish to have their identity remain anonymous. These mandatory disclosures send a message that this information is still relevant to marriage regulation. Neither race nor gender is based in science; rather they are historical and social constructs created to uphold a system of white supremacy and heteronormativity. Thus, such statements are …
Sexual Orientation And Gender Identity, Mark E. Wojcik
Sexual Orientation And Gender Identity, Mark E. Wojcik
The Year in Review
No abstract provided.
How The Conflict Between Anti-Boycott Legislation And The Expressive Rights Of Business Endangers Civil Rights And Antidiscrimination Laws, Debbie Kaminer, David Rosenberg
How The Conflict Between Anti-Boycott Legislation And The Expressive Rights Of Business Endangers Civil Rights And Antidiscrimination Laws, Debbie Kaminer, David Rosenberg
University of Richmond Law Review
This Article examines how opponents of anti-BDS laws may extend First Amendment rights in the business context to a point at which they actually threaten the validity of much antidiscrimination legislation. Part I discusses the BDS movement and state-based initiatives that attempt to penalize businesses that actively engage in a boycott of Israel. It examines the handful of cases in which federal courts have addressed the constitutionality of laws that require state contractors to affirm that they are not actively boycotting that country. Part II transitions to a discussion of the ways the Supreme Court has historically resolved conflicts between …
Organizing A Business Law Department Within A Law School, William J. Carney
Organizing A Business Law Department Within A Law School, William J. Carney
University of Colorado Law Review Forum
No abstract provided.
Managing Stress, Grief, And Mental Health Challenges In The Legal Profession; Not Your Usual Law Review Article, Deborah L. Rhode
Managing Stress, Grief, And Mental Health Challenges In The Legal Profession; Not Your Usual Law Review Article, Deborah L. Rhode
Fordham Law Review
No abstract provided.
Why Liberalism Persists: The Neglected Life Of The Law In The Story Of Liberalism's Decline, Kenneth L. Townsend
Why Liberalism Persists: The Neglected Life Of The Law In The Story Of Liberalism's Decline, Kenneth L. Townsend
St. John's Law Review
(Excerpt)
Liberalism is in decline in the West. Past political divides that pitted classically liberal conservatives against moderate to progressive political liberals are giving way to a new landscape in which a liberal consensus simply cannot be assumed. From the left, socialist and identity-based critiques of liberalism have called into question core liberal assumptions regarding procedural justice, the division between public and private realms, and the rights of individuals. From the right, an increasingly vocal group of conservatives is questioning classical liberalism’s commitment to limited government, a free market, and individual rights in favor of a vision of political community …
Pandemic Pirates: An Essay Calling For Legislation Curbing Pandemic Profiteering, Gregory Smith
Pandemic Pirates: An Essay Calling For Legislation Curbing Pandemic Profiteering, Gregory Smith
Lincoln Memorial University Law Review Archive
No abstract provided.
Expedited Removal And Habeas Corpus: How A Recent Supreme Court Ruling, Combined With An Executive Order From Former President Trump Has Affected The Due Process Rights Of Illegal Immigrants Detailed For Expedited Removal, Roel Reyna
Lincoln Memorial University Law Review Archive
No abstract provided.
Mmu: 04/05/21–04/11/21, Student Bar Association
Mmu: 04/05/21–04/11/21, Student Bar Association
Monday Morning Update
This Week @ NDLS
General Announcements and Reminders
- Crossings is open Monday thru Friday 7:30-4:00. Daily Specials.
- Crossings and Grubhub Partnership
- CDO Announcements
- Moot Court 1L Tournament Registratoin & Oralist Statement of Interest Due
- Fall Externships Information for 1Ls and 2Ls
- NDLS Office Hours with Undergrads
- SBA Store
- Christian Legal Society Morning Prayer
- Mass Schedule
- 1L Judicial Clerkship Overview, Applications, Timing and Process
- Free International Snacks!
- Exoneration Justice Clinic Information Session
- Notre Dame Law in D.C. (Spring 2022) Externship Info Session
- NDLS Journal Information Session
- Conversations on Notre Dame's Global Engagement
- Life After Notre Dame with Dr. Vinodh Jaichand
- Professor …
Ndls Communicator: Week Of 04.05.21, Notre Dame Law School
Ndls Communicator: Week Of 04.05.21, Notre Dame Law School
NDLS Communicator
The Latest News
- Jimmy Gurulé talks to USA Today
- Nicole Garnett moderates a discussion for the Federalist Society
- Mark McKenna talks to the Wall Street Journal
- Faculty News: Carter Snead will deliver the Harold T. Shapiro Lecture on Ethics, Science, and Technology hosted by Princeton University's James Madison Program
- Lloyd Mayer will be part of a webinar through the Lilly Family School of Philanthropy at IUPUI, "Charitable Crowdfunding: Who Gives, to What, and Why?"
- The Law School's new Religious Liberty Initiative hosted a panel discussion with women from different faith traditions, "Empowering Women through Religious Liberty," moderated by Stephanie Barclay …