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Making The Case For A Third Reconstruction Based On The State Of Voting Rights In America, Alex Pilla May 2024

Making The Case For A Third Reconstruction Based On The State Of Voting Rights In America, Alex Pilla

Seton Hall Law Review

No abstract provided.


A State-Centered Approach To Digital Equity, Colin Dennis May 2024

A State-Centered Approach To Digital Equity, Colin Dennis

Seton Hall Law Review

No abstract provided.


Roads Not Taken On Affirmative Action, Robert L. Tsai May 2024

Roads Not Taken On Affirmative Action, Robert L. Tsai

Seton Hall Law Review

No abstract provided.


Table Of Contents May 2024

Table Of Contents

Seton Hall Law Review

No abstract provided.


Morgan V. Sundance: A Legal Overview Of The Prejudice Requirement In Arbitration And Its Impact On Litigation, Sergio Fernandez May 2024

Morgan V. Sundance: A Legal Overview Of The Prejudice Requirement In Arbitration And Its Impact On Litigation, Sergio Fernandez

University of Dayton Law Review

Since the enactment of the Federal Arbitration Act (“FAA”) in 1925, arbitration clauses have been embedded in the commercial contractual ambit and have been a predominant tool employed not only in transactions between corporations, but most importantly between corporations and individuals. Arbitration is a tool used in both the public and private sector to resolve disputes without channeling the usual litigation route. Arbitration, like other forms of alternative dispute resolution (“ADR”), has attributes beneficial to the disputing parties. It “reduces the judiciary’s workload and reduces litigation costs, allowing companies to offer lower prices and higher wages.” It is known to …


Double Standards Or Doubling Down On Mistakes? A Comparative Analysis Of The Outcomes And Effects In State Of Tennessee V. Radonda Vaught And Ohio V. Dr. William Husel, Emily Witker May 2024

Double Standards Or Doubling Down On Mistakes? A Comparative Analysis Of The Outcomes And Effects In State Of Tennessee V. Radonda Vaught And Ohio V. Dr. William Husel, Emily Witker

University of Dayton Law Review

Nobody is perfect. This is a difficult reality for many to accept, but a person’s imperfections are a key factor in shaping their identity as they contribute to their personal growth by learning from the mistakes they make throughout their life. Mistakes in one’s career are no exception and can have varying degrees of consequences, especially in a career involving the care of another human being. The potential consequences for those working in the medical field can be considered some of the most extreme as medical personnel’s actions directly affect the lives of those who they are caring for.

Educational …


The Remedial Rationale After Sffa, Olatunde C.A. Johnson May 2024

The Remedial Rationale After Sffa, Olatunde C.A. Johnson

Seton Hall Law Review

No abstract provided.


Our Constitution Has Never Been Colorblind, Robert S. Chang May 2024

Our Constitution Has Never Been Colorblind, Robert S. Chang

Seton Hall Law Review

No abstract provided.


The Supreme Court’S Assault On History In Sffa, Joel K. Goldstein May 2024

The Supreme Court’S Assault On History In Sffa, Joel K. Goldstein

Seton Hall Law Review

No abstract provided.


Wardlow After Black Lives Matter: Using A Protest Movement To Establish A Colorable Equal Protection Challenge To Supreme Court Precedent, Patrick Maley May 2024

Wardlow After Black Lives Matter: Using A Protest Movement To Establish A Colorable Equal Protection Challenge To Supreme Court Precedent, Patrick Maley

Seton Hall Law Review

No abstract provided.


Third Circuit Buries The Theft-Robbery Distinction In Graves, Richard Smith May 2024

Third Circuit Buries The Theft-Robbery Distinction In Graves, Richard Smith

University of Dayton Law Review

To the layperson, the distinction between theft and robbery may not be entirely clear. In fact, outside a law school or a courtroom, it would not be unusual to find people using the terms interchangeably. The similarities of the offenses lend themselves to this confusion. They both involve an offender taking something that does not belong to them from someone else. But there is a reason they were distinguished by the common law and remain distinguished in modern law today. It speaks to our fundamental notions of fairness and justice to treat differently those that engage in “safe” criminal behavior …


The 50th Anniversary Of Watergate: Lessons Learned And Unlearned, Elizabeth Holtzman May 2024

The 50th Anniversary Of Watergate: Lessons Learned And Unlearned, Elizabeth Holtzman

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Santayana Warned Us, But We Weren’T Paying Attention, Stuart M. Gerson May 2024

Santayana Warned Us, But We Weren’T Paying Attention, Stuart M. Gerson

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Does This Law Apply To Me? An Examination Of States’ Good Samaritan Overdose Laws And A Policy Proposal For A Uniform Approach To Combatting The Opioid Epidemic, Labiba Salim May 2024

Does This Law Apply To Me? An Examination Of States’ Good Samaritan Overdose Laws And A Policy Proposal For A Uniform Approach To Combatting The Opioid Epidemic, Labiba Salim

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Off The Rails: The Surprising Story Of Smith V. Rapid Transit, Inc., D. Michael Risinger May 2024

Off The Rails: The Surprising Story Of Smith V. Rapid Transit, Inc., D. Michael Risinger

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Seeking Asylum Somewhere Over The Rainbow: The Long-Term Effect Of Southern Border Restrictions Upon Lgbtq+ Asylum Seekers, London Jones May 2024

Seeking Asylum Somewhere Over The Rainbow: The Long-Term Effect Of Southern Border Restrictions Upon Lgbtq+ Asylum Seekers, London Jones

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Symptoms Of A Self-Medicated Society: Unresolved Ryan Haight Act Implications On The Use Of Telemedicine To Prescribe Controlled Substances Post-Pandemic, Hannah Nagy May 2024

Symptoms Of A Self-Medicated Society: Unresolved Ryan Haight Act Implications On The Use Of Telemedicine To Prescribe Controlled Substances Post-Pandemic, Hannah Nagy

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Uncharged Conduct And Disproportionate Impact: Amending The Guidelines To Protect Due Process Interests At Sentencing, Christine E. Hoy May 2024

Uncharged Conduct And Disproportionate Impact: Amending The Guidelines To Protect Due Process Interests At Sentencing, Christine E. Hoy

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Table Of Contents May 2024

Table Of Contents

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Preference Conflict And Peace Studies: The Line Between Disagreement And Violence, Frederic R. Kellogg May 2024

Preference Conflict And Peace Studies: The Line Between Disagreement And Violence, Frederic R. Kellogg

Peace and Conflict Studies

Broadening the definition of conflict defines more comprehensively the condition of peace, focusing on how unresolved shared disagreements can lead to, or avoid, polarization and violence. The line between general disagreement and violent conflict lies in the adjustment of shared preferences. Matters like reproductive rights, medically assisted death, race and gender discrimination, while subject to political polarization, are open to peaceful redress through what John Dewey called the transformative continuum of inquiry, in which the crucial social response to shared problems includes dispute and conflict. Resolution of controversial social problems requires preference adjustment and habit change, often, if not always, …


Ndls Communicator: Week Of 05.27.24, Notre Dame Law School May 2024

Ndls Communicator: Week Of 05.27.24, Notre Dame Law School

NDLS Communicator

Commencement Features

  • The Commencement of Notre Dame Law School’s Class of 2024 included 186 J.D., 13 LL.M., and two J.S.D. graduates.
  • Notre Dame Law School announces awards for 2024 graduating class
  • Stories of Notre Dame Law School's Class of 2024
  • Frederick Mostert, who teaches Global Digital Intellectual Property and Cyber Security in the London Law Programme, journeyed to campus to celebrate with his graduating students from his seminars in 2023 and 2024.

The Latest News

  • In Memoriam: Roger F. Jacobs
  • Notre Dame Law School hosted an event for 200 Notre Dame Lawyers, Chicago alumni, and friends on May 22, 2024 …


Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14 May 2024

Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.


Governing The Metaverse, Jesse Valente May 2024

Governing The Metaverse, Jesse Valente

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


If You Wanna Use My Lyrics: Copyright Preemption Of Browsewrap Contracts After Ml Genius Holdings Llc V. Google Llc, Joseph Sotile May 2024

If You Wanna Use My Lyrics: Copyright Preemption Of Browsewrap Contracts After Ml Genius Holdings Llc V. Google Llc, Joseph Sotile

The University of Cincinnati Intellectual Property and Computer Law Journal

The Copyright Act of 1976 aimed to streamline the United States’ copyright system, replacing dual federal and state protections using an express statutory preemption clause, § 301. Despite the Act’s uniformity objective, challenges persist in the consistent application of copyright preemption, particularly concerning breach of contract claims. A circuit split has emerged, with one group arguing for copyright preemption of contracts involving copyrightable material, while another asserts that most contracts that involve copyrightable material are not preempted and can be enforced. This split was underscored and expanded by the 2022 case ML Genius Holdings LLC v. Google LLC, where the …


Virtual Confessions: Examining The Clergy Privilege’S Extension To Artificially Intelligent Religious Robots, Samuel N. Dick May 2024

Virtual Confessions: Examining The Clergy Privilege’S Extension To Artificially Intelligent Religious Robots, Samuel N. Dick

The University of Cincinnati Intellectual Property and Computer Law Journal

Artificial Intelligence (AI) is fundamentally changing the world. AI’s rapid development is driving its integration into every industry, including those traditionally untouched by technology—such as religion. Today, faith groups in America and globally, are integrating AI-driven robots in roles traditionally held by human priests, clergy, or pastors. AI robots have begun giving sermons, conducting funerals/weddings, providing spiritual counseling, and conducting the sacrament of confession. Some faith groups have gone further claiming the worship of AI as an independent religion, and have received § 501(c)(3) tax-exempt status as a church. Whether thoughts of sacrileges, inevitability, or a science-fiction novel emerge, AI’s …


Implementing Information Fiduciaries, Samuel E. Marticke May 2024

Implementing Information Fiduciaries, Samuel E. Marticke

Georgia State University Law Review

This Note discusses the information fiduciary model, proposed by Jack Balkin, where fiduciary duties would be imposed on data collectors and analyzes how such a model could come to pass in the United States.


Copyright Page, Georgia State University Law Review May 2024

Copyright Page, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


What Are “The Usual Burdens Of Voting”?, James M. Fischer May 2024

What Are “The Usual Burdens Of Voting”?, James M. Fischer

Georgia State University Law Review

This Article examines the development of the “usual burdens of voting” concept and looks at the evolution of voting in the United States to provide some context as to how voting burdens should be understood.


Constitutional Interpretation And Zombie Provisions, Michael L. Smith May 2024

Constitutional Interpretation And Zombie Provisions, Michael L. Smith

Georgia State University Law Review

This Article analyzes the presence of zombie provisions in the United States Constitution and state constitutions and the danger that these provisions may influence the interpretation of still-living constitutional provisions.


Federal Powers In A Pandemic, Julia Whitehead, Braden Leach May 2024

Federal Powers In A Pandemic, Julia Whitehead, Braden Leach

Georgia State University Law Review

This Article examines how the young federal government responded to infectious diseases to ascertain the limits of federal powers and analyzes how federal powers were used in response to the COVID-19 pandemic.