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Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson
Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson
Notre Dame Law Review
An essay is presented on the need of providing students with material and industrial foundation through higher education. The history of technical and vocational education in public schools, related federal legislation and the current state of education system is discussed. The issues related to college matriculation, employment status in young people and the mismatch between the education and the economic and industrial requirement of the nation is also discussed.
Multilingualism And Multiculturalism: Transatlantic Discourses On Language, Identity, And Immigrant Schooling, Rosemary C. Salomone
Multilingualism And Multiculturalism: Transatlantic Discourses On Language, Identity, And Immigrant Schooling, Rosemary C. Salomone
Notre Dame Law Review
An essay is presented on multiculturalism and the rights of linguistic minority children in education. The impact of communication on the ethnic identity, social cohesion and nation's interest and the need of balance while defining policies by the federal government of the U.S. is discussed. The transatlantic discourse in multilingualism and its impact on the immigrants is also discussed.
The Federal Role In School Reform: Obama's Race To The Top, Joseph P. Viteritti
The Federal Role In School Reform: Obama's Race To The Top, Joseph P. Viteritti
Notre Dame Law Review
An essay is presented on a critical review of federal education policy of the U.S. which focuses on improving educational opportunity of economically disadvantages children. The objective and strategies of the educational policy and imposition of accountability on the states with reference to the educational agenda of the U.S. President Barack Obama is discussed. The evaluation of teachers and the Race to the Top initiative is also discussed
Avoiding Independent Agency Armageddon, Kent H. Barnett
Avoiding Independent Agency Armageddon, Kent H. Barnett
Notre Dame Law Review
The article discusses the U.S. Supreme Court case Free Enterprise Fund v. Public Co. Accounting Oversight Board (FEF), where in the use of two layers of tenure for the protection of members of Public Company Accounting Oversight Board (PCAOB) has been invalidated by the court. It informs about preserving U.S. President's removal power and agency independence without disturbing Free Enterprise Fund. It further suggests courts to distinguish various tiered tenure-protection provisions.
Appellate Courts As First Responders: The Constitutionality And Propriety Of Appellate Courts' Resolving Issues In The First Instance, Joan Steinman
Appellate Courts As First Responders: The Constitutionality And Propriety Of Appellate Courts' Resolving Issues In The First Instance, Joan Steinman
Notre Dame Law Review
The article discusses the constitutionality and propriety of appellate courts of the U.S. that are the primary responders to take decisions regarding any filed lawsuits. It further discusses the shifting of focus to judicial discretion from power in the Supreme Court and in the federal intermediate appellate courts of the U.S. It informs about the division of function between trial and appellate courts on functional and institutional grounds.
Evading Legislative Jurisdiction, Austen L. Parrish
Evading Legislative Jurisdiction, Austen L. Parrish
Notre Dame Law Review
An essay is presented on the adoption of a different approach by the U.S. courts to deal with the issues related to legislative jurisdictions. The author discusses lapses in the decisions of the courts related to the practice of redefining extraterritoriality that have been foundational in both domestic and international law. It also offers brief information on the decision of the U.S. Supreme Court for the court case Morrison v. National Australia Bank Ltd.
The Anti-Messiness Principle In Statutory Interpretation, Anita S. Krishnakumar
The Anti-Messiness Principle In Statutory Interpretation, Anita S. Krishnakumar
Notre Dame Law Review
The article presents information on the use of anti-messiness arguments by the U.S. Court to bring theoretical attention and to interpret statutes with respect to the principle of messiness avoidance. It discusses the negative effect of the use of anti-messiness arguments by the court to reject otherwise plausible statutory constructions. It further explores the conditions for fitting the existing theories of statutory interpretation and jurisprudence into anti-messiness principle.
A (Modest) Separation Of Powers Success Story, Tara Leigh Grove
A (Modest) Separation Of Powers Success Story, Tara Leigh Grove
Notre Dame Law Review
An essay is presented on the context of safeguarding the federal judiciary corresponding to the separation of powers. It mentions that the separation of powers has always worked in favour of development of constitutional structure despite of the political incentives and ambitions of elected officials. The author also highlights the Madisonian system of separated powers that has worked well in safeguarding the constitutional values of judicial power.
A Call To Reject The Neurological Standard In The Determination Of Death And Abandon The Dead Donor Rule, Lauren J. Riley
A Call To Reject The Neurological Standard In The Determination Of Death And Abandon The Dead Donor Rule, Lauren J. Riley
Notre Dame Law Review
The article presents information on the adoption of law "Uniform Determination of Death Act (UDDA)" by the U.S. government that defines the criteria for determining death. It discusses the neurological standard for determining death that is the cessation of integrative functioning of the brain, the cardiopulmonary system, and the respiratory system. It further discusses the use of legal fictions to retain both the neurological criterion and the dead donor rule.
Transtemporal Separation Of Powers In The Law Of Precedent, Randy Beck
Transtemporal Separation Of Powers In The Law Of Precedent, Randy Beck
Notre Dame Law Review
The article focuses on several aspects associated with the law of precedent including the distinction between holding and dictum, the doctrine of stare decisis, and judicial resolution of a legal issue. It discusses a transtemporal application of separation of powers principles based on the law of precedent that allocates power to judges to minimize precedential effect of previous judges. It mentions that the general rule of stare decisis allocates power to evaluate previous decision-making.
Twombly And Iqbal Reconsidered, Brian T. Fitzpatrick
Twombly And Iqbal Reconsidered, Brian T. Fitzpatrick
Notre Dame Law Review
An essay is presented on the decisions taken by the U.S. Supreme Court for the court cases Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal. The author discusses a revolutionary and conservative judicial activism corresponding to both Twombly and Iqbal court cases. It mentions that the court can take an Act of Congress to institute a pervasive fee-shifting regime for discovery costs.
On The Road Again: The D.C. Circuit Reinvigorates The Work-Product Doctrine In United States V. Deloitte & Touche, Christopher R. Wray
On The Road Again: The D.C. Circuit Reinvigorates The Work-Product Doctrine In United States V. Deloitte & Touche, Christopher R. Wray
Notre Dame Law Review
The article discusses the court case United States v. Deloitte & Touch, where in the current status of the work-product doctrine that has been applied to audit workpapers are provided. It informs about the decision taken by the U.S. Court of Appeals for District of Columbia corresponding to the policy and legal arguments for and against the discoverability of audit workpapers. It also provides a sound legal framework for understanding case law and statute.
A Visa To Snitch: An Addendum To Cox And Posner, Eleanor Marie Lawrence Brown
A Visa To Snitch: An Addendum To Cox And Posner, Eleanor Marie Lawrence Brown
Notre Dame Law Review
The article presents information on the immigration law of the U.S. and the need of a second order structure of immigration law. The challenges facing the visa application processes based on the screening of terrorism suspects and information gathering are discussed. The use of sanctions is also discussed with reference to the trials of Cox and Posner.
Government By Contract And The Structural Constitution, Kimberly N. Brown
Government By Contract And The Structural Constitution, Kimberly N. Brown
Notre Dame Law Review
The article presents information on the structural constitution of the U.S. It informs that modern federal government is outsourced to private contractors. It discusses charge of federal powers to private entities and put forwards an analysis on privatization from a standard structural constitution point. It discusses the decision in the case of Fund v. Public Co. Accounting Oversight Board. It states that the law governing independent agencies helps in analyzing the government outsourcing.
Judging Judges: Why Strict Scrutiny Resolves The Circuit Split Over Judicial Speech Restrictions, Ashna Zaheer
Judging Judges: Why Strict Scrutiny Resolves The Circuit Split Over Judicial Speech Restrictions, Ashna Zaheer
Notre Dame Law Review
The article presents information on the appropriate level of scrutiny that is required in reviewing the validity of constitutionality of restraints. It overviews the First Amendment jurisprudence with strict scrutiny and balancing test. It also explains the U.S. Supreme Court case Republican Party of Minnesota v. White. It suggests state to provide same protections to judicial candidates as that of other elected officials.
Solicitation, Extortion, And The Fcpa, Joseph W. Yockey
Solicitation, Extortion, And The Fcpa, Joseph W. Yockey
Notre Dame Law Review
The article presents information on nature and frequency of bribe solicitation and extortion. It discusses the issues the firms of the U.S. are facing in maintaining agreement with the U.S. Foreign Corrupt Practices Act (FCPA). It states that FCPA bans firms from paying bribes to foreign officials in order to retain or obtain business. It also discusses the problems it imposes on market participants. It suggests federal regulators to provide improved regulatory guidelines to understand FCPA.
Circuit Court Interpretations Of Garcetti V. Ceballos And The Development Of Public Employee Speech, Thomas Keenan
Circuit Court Interpretations Of Garcetti V. Ceballos And The Development Of Public Employee Speech, Thomas Keenan
Notre Dame Law Review
The article presents an analysis on the advancement of public employee speech and interpretations of the U.S. Supreme Court on Garcetti v. Ceballos. It discusses the similarities and error that exists among the federal circuit courts. It overviews the factors shared by circuits different to certain courts. It reflects on the First Amendment jurisprudence related to public employee speech. It also put forwards the defenses and criticisms of Garcetti.
Originalism As Popular Constitutionalism: Theoretical Possibilities And Practical Differences, Lee J. Strang
Originalism As Popular Constitutionalism: Theoretical Possibilities And Practical Differences, Lee J. Strang
Notre Dame Law Review
The article presents information on originalism as a popular constitutionalism. It includes information on popular constitutionalism as a movement in the American legal academy and informs about originalism's relationship with popular constitutionalism that depends on the conception of originalism one adopts. It suggests various reasons for the liberal conservative divide between originalism and popular constitutionalism despite their theoretical compatibility.
Creativity, Improvisation, And Risk: Copyright And Musical Innovation, Olufunmilayo B. Arewa
Creativity, Improvisation, And Risk: Copyright And Musical Innovation, Olufunmilayo B. Arewa
Notre Dame Law Review
The article discusses U.S. copyright law and its influence on creativity and musical innovation. The author states that the benefits of copyright are commonly thought to outweigh the actual costs. As the author points out, the goal of early copyright legislation was to provide incentives for the continued creation of works. The role of visual bias in musical copyrights is examined. The author calls for a better understanding of musical creativity within the scope of copyright law.
The Role Of Creativity In Trademark Law, Jeanne C. Fromer
The Role Of Creativity In Trademark Law, Jeanne C. Fromer
Notre Dame Law Review
The article discusses various aspects of U.S. trademark law, including the differences between it and the patent and copyright branches of intellectual property law, trademark's promotion of creativity, and the expansion of coverage under trademark law. The author examines the role of creativity in trademark law by analyzing the 2010 legal dispute between Stefani Germanotta, also known as entertainer Lady Gaga, and her ex-boyfriend and music producer Rob Fusari.
To Promote The Creative Process: Intellectual Property Law And The Psychology Of Creativity, Gregory N. Mandel
To Promote The Creative Process: Intellectual Property Law And The Psychology Of Creativity, Gregory N. Mandel
Notre Dame Law Review
The article discusses creativity under intellectual property (IP) law in the U.S. and the U.S. Constitution. The author examines Article I of the U.S. Constitution which was the basis for the U.S. Congress' enactment of copyright and patent laws. He argues that large-scale collaborative projects are very common in the 21st century and are found in government, private, and university research markets.
Atypical Inventions, Sean B. Seymore
Atypical Inventions, Sean B. Seymore
Notre Dame Law Review
The article discusses U.S. patent law as of September 2011 and the author's view that the patent laws need to evolve to encompass the ever-growing changes within the scientific and technical communities regarding atypical inventions. The author examines various aspects of the U.S. patent laws, including the structural bias of the U.S. patent laws against accidental inventions, a proposed alternative legal framework to resolve any disparities, and the process of patenting an impossible invention
Harvesting Intellectual Property: Inspired Beginnings And Work-Makes-Work, Two Stages In The Creative Processes Of Artists And Innovators, Jessica Silbey
Harvesting Intellectual Property: Inspired Beginnings And Work-Makes-Work, Two Stages In The Creative Processes Of Artists And Innovators, Jessica Silbey
Notre Dame Law Review
The article discusses intellectual property (IP) law in the U.S. as of September 2011 and provides a collection of stories and data from artists, scientists, and engineers about the processes they use and the manner in which they create and innovate in their fields. The author delves into various aspects of creativity and innovation, including the inspired beginnings of projects, the daily work employed to develop an invention, and the relation of IP incentives to the creative process.
Genius Against Copyright: Revisiting Fichte's Proof Of The Illegality Of Reprinting, Mario Biagioli
Genius Against Copyright: Revisiting Fichte's Proof Of The Illegality Of Reprinting, Mario Biagioli
Notre Dame Law Review
The article discusses the dichotomy between idea and expression in copyright law in 2012 by focusing on philosopher Johann Gottlieb Fichte's 1793 work "Proof of the Unlawfulness of Reprinting: A Rationale and a Parable." The author argues that the legal community has overlooked parts of Fichte's claims and have chosen to only apply personal expression to authors. Originality in authorship is also examined in defining what is and is not covered under U.S. copyright law.
Scary Monsters: Hybrids, Mashups, And Other Illegitimate Children, Rebecca Tushnet
Scary Monsters: Hybrids, Mashups, And Other Illegitimate Children, Rebecca Tushnet
Notre Dame Law Review
The article discusses a proposed exemption to the U.S. Digital Millennium Copyright Act (DMCA) in 2010 for the creation of mashup or remix videos comprised of previously released materials and music. The author examines the work of several artists, including Michael Newman, Luminosity, and Gianduja Kiss. In the author's opinion, the laws need to adapt to the changing cultures which embody transformative creations such as remix videos and songs.
Cloud Cover: Privacy Protections And The Stored Communications Act In The Age Of Cloud Computing, Hien Timothy M. Nguyen
Cloud Cover: Privacy Protections And The Stored Communications Act In The Age Of Cloud Computing, Hien Timothy M. Nguyen
Notre Dame Law Review
The article discusses the U.S. Stored Communications Act (SCA) and privacy in light of the cloud computing technology innovations of the early 21st century. The author examines various aspects of online privacy laws in the U.S., including the lack of protection for internet communications under the Fourth Amendment to the U.S. Constitution, the application of the SCA to online information, and technological advancements such as cloud computing in the post-SCA adoption era.
Taking It On The Chenery: Should The Principles Of Chenery I Apply In Social Security Disability Cases, Bryan C. Bond
Taking It On The Chenery: Should The Principles Of Chenery I Apply In Social Security Disability Cases, Bryan C. Bond
Notre Dame Law Review
The article analyzes whether or not the principles laid out in SEC v. Chenery (318 U.S. 80) from 1943 should apply to Social Security disability cases in the U.S. The author examines various aspects of social security disability case practice as of September 2011, including the judicial review provisions of the U.S. Social Security Act, the arguments for and against the application of Chenery to social security cases, and the burden of the remand process on the courts and the parties.
Considering The Constitutionality Of Nonstate Intervenors In Original Jurisdiction Actions, John C. Sullivan
Considering The Constitutionality Of Nonstate Intervenors In Original Jurisdiction Actions, John C. Sullivan
Notre Dame Law Review
The article discusses the constitutionality of allowing non-state parties to intervene in original jurisdiction lawsuits in the U.S. The author examines the history of non-state party involvement in U.S. Supreme Court cases, including Alabama v. North Carolina (130 S. Ct. 2295), South Carolina, v. North Carolina (130 S. Ct. 854), and Oklahoma v. Texas (258 U.S. 574). The author analyzes U.S. Supreme Court Chief Justice John Roberts' argument against non-state intervention in the Alabama case.
If An (Endangered) Tree Falls In The Forest, And No One Is Around....: Resolving The Divergence Between Standing Requirements And Congressional Intent In Environmental Legislation, Preston Carter
Notre Dame Law Review
No abstract provided.
The Accused's Bad Character: Theory And Practice, David Culberg
The Accused's Bad Character: Theory And Practice, David Culberg
Notre Dame Law Review
No abstract provided.