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Ndls Update 12/18/2012, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 12/11/2012, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 12/04/2012, Notre Dame Law School

NDLS Update

No abstract provided.

Aggregation And Constitutional Rights, Brandon L. Garrett

Notre Dame Law Review

The article focuses on issues related to constitutional rights and its remedies in the U.S. It discusses the U.S. Supreme Court's judgment in Wal-Mart Stores, Inc. v. Dukes, wherein class action against plaintiff Wal-Mart Stores Inc. seeking remedies under Title VII of the U.S. Civil Rights Act of 1964 was decertified. It mentions that individual cases can be misinterpreted, but when aggregated it can improve clarity, legitimacy, participation, and representation.

The Malleability Of Collective Litigation, Shay Lavie

Notre Dame Law Review

The article focuses on two manifestations pertaining to collective litigation procedures including first, class actions can be avoided by defendants through "individualizing" the prospective class and second, they can selectively contract with victims to reduce their capacity to litigate. It discusses the U.S. Supreme Court's decision in Wal-Mart v. Dukes, in which Wal-Mart Stores Inc. avoided collective litigation because the decision for employment was made by local supervisors.

The Shortest Distance: Direct Filing And Choice Of Law In Multidistrict Litigation, Andrew D. Bradt

Notre Dame Law Review

The article focuses on the U.S. Supreme Court's approach in two cases Klaxon Co. v. Stentor Elec. Mfg. Co. and Van Dusen v. Barrack, regarding direct filing, aggregation litigation and choice of law in multidistrict litigation (MDL). It mentions that MDL is very high in federal courts specifically in places of mass wrongdoings or product liability. It explores that the traditional MDL framework is more appropriate with the policies underlying in these cases than the class action.

The Way Forward After Wal-Mart, George Rutherglen

Notre Dame Law Review

The article discusses the case Wal-Mart Stores Inc. v. Dukes, in which the U.S. Supreme denied class action certification in its ruling. It informs that the decision of Supreme Court was opposed by some people in liberal circles, also including Justice Ruth Bader Ginsburg. It presents information that the Justice agreed to a point that a class action certification is not possible under the Federal Rule of Civil procedure 23 (b) (2), which governs class actions in which injunctive relief.

Regulatory Litigation In The European Union: Does The U.S. Class Action Have A New Analogue, S. I. Strong

Notre Dame Law Review

The article discusses an introduction of a regulatory litigation in the European Union (EU) analogous to class actions in the U.S. It mentions that earlier the U.S. was the only country to carry out large scale litigation as well as regulatory litigation but EU changed its present policies to adopt cross border collective redress in February, 2012. It presents a combination of new governance theory and equivalence functionalism to determine whether or not EU has adopted regulatory litigation.

In Defense Of Rayburn House: Why The Supreme Court Should Recognize An Evidentiary Privilege Of Non-Disclosure In Its Speech Or Debate Clause Jurisprudence, Christopher M. Kieser

Notre Dame Law Review

The article presents concerns regarding privilege of non disclosure in a defendant's speech. It suggests that the U.S. Supreme Court should resolve concerns related to the separation of powers and the independence of the legislative, with reference to the case United States v. Rayburn House Office Building. It also discusses another court case United States v. Renzi, wherein the decision of the U.S. Supreme Court allegedly failed to protect legislative independence and separation of powers.

Doctor's Orders: A New Prescription For Adhd Medication Abuse, Erinn L. Rigney

Notre Dame Law Review

The article focuses on the problems regarding the misuse of medications used in Attention Deficit Hyperactivity Disorder (ADHD), a neurobehavioral disorder. It discusses that drug Adderall that is prescribed for the patients of ADHD helps in increasing concentration, memory and focus. It also elaborates that in academic institutions, this drug has been misused by healthy people to perform better than others even after strict guidelines.

Killing Them With Kindness: Examining Consumer-Friendly Arbitration Clauses After At&T Mobility V. Concepcion, Myriam Gilles

Notre Dame Law Review

The article focuses on the U.S. Supreme Court case AT&T Mobility LLC v. Concepcion, in which California's "Discover Bank rule" was struck by the Court under the Federal Arbitration Act, which was upheld by the California Supreme Court in the court case Discover Bank v. Superior Court. It provides information that the rule is a judge-made rule which depicts that class action waivers are unforceable in arbitration agreements if such agreements are mentioned in standard form consumer contracts.

Still Confronting The Confronting The Consolidation Conundrum, Richard Marcus

Notre Dame Law Review

A correction in the name of Joan E. Steinman published in the issue 4 of the Notre Dame Law Review is presented.

Profiles, Syndromes, And The Rule 405 Problem: Addressing A Form Of Disguised Character Under The Federal Rules Of Evidence, Michael D. Claus

Notre Dame Law Review

The article focuses on concerns related to scientific and predictive profiling of criminals under the Rule 405 of the Federal Rules of Evidence. It reflects on the Rule 405 in which scientists, doctors and criminologists explain the characteristics of a "convicted murderer profile" and discusses how this profiling can be used by lawyers as evidence against defendants. It mentions that people, who are aggressive, use weapons and living with abusive parents, are more likely to turn murderers.

Rethinking Anti-Aggregation Doctrine, David L. Noll

Notre Dame Law Review

The article focuses on a new strategy to "anti-aggregation agreements," contractual provisions which prohibit parties to participate in class action. It discusses the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion, suggesting that such agreements should be based on actual regulatory compliance. It mentions that anti-aggregation agreements are applied by default, but in case there will be an irreversible harm occurring to party, such agreements will not be applicable.

Individuals Institutions Religious Freedom Poster Individuals, Institutions And Religious Freedom, November 29, 2012, Richard W. Garnett

NDLS in the News

The BOISI CENTER for RELIGION and AMERICAN PUBLIC LIFE lecture.

Ndls Update 11/27/2012, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 11/13/2012, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 11/06/2012, Notre Dame Law School

NDLS Update

No abstract provided.

Mlb Calendar 2012-2013, Edmund P. Edmonds

MLB Calendars

No abstract provided.

Picturing Takings, Lee Anne Fennell

Notre Dame Law Review

Takings doctrine, we are constantly reminded, is unclear to the point of incoherence. The task of finding our way through it has become more difficult, and yet more interesting, with the Supreme Court's recent, inconclusive foray into the arena of judicial takings in Stop the Beach Renourishment. Following guideposts in Kelo, Lingle, and earlier cases, this essay uses a series of simple diagrams to examine how elements of takings jurisprudence fit together with each other and with other limits on governmental action. Visualizing takings in this manner yields surprising lessons for judicial takings and for takings law more generally.

Overruling Crawford V. Washington: Why And How, David Crump

Notre Dame Law Review

The article discusses a court case in which decision of Roberts Court on Confrontation Clause was overruled by the Crawford Court. It states that Confrontation Clause provides the right of vigorous cross-examination, right to face-to-face presentation of witnesses and the right to severance to the criminal defendant. It highlights several Payne-Parenthood factors supporting the overruling of Crawford including fewer disturbances in reliance interests, dissenting justices and judicial fudging.

Nonincorporation: The Bill Of Rights After Mcdonald V. Chicago, Suja A. Thomas

Notre Dame Law Review

The article focuses on the theories of nonincorporation of the Bill of Rights by the Supreme Court of Notre Dame in the case McDonald v. Chicago. It states that several rights including the Second Amendment right, the Fifth Amendment grand jury right and the Seventh Amendment civil jury trial right was not incorporated against states prior to the McDonald case. It discusses the theories of incorporation of rights based on liberty and justice.

Law Library Newsletter, Volume 4, Issue 3 - November/December 2012, Kresge Law Library

Law Library Newsletter

Learn an easy way to come up with (and REMEMBER) a mind‐bogglingly complex password for your NetID and online accounts. Meet the student Circulation.

New Bluebook App
Business Insider Ranks the Most Influential Law Blogs
Law School Halloween Pictures

A Distinctionless Distinction: Why The Rcs/Ecs Distinction In The Stored Communications Act Does Not Work, Eric R. Hinz

Notre Dame Law Review

The article focuses on the Stored Communications Act (SCA) and the amendments proposed to the SCA. It discusses cases related to the application of the SCA with contradictory results including George Theofel v. Alwyn Farely-Jones, Ernest Flagg v. City of Detroit, Michigan and Quon v. Arch Wireless Inc. It states that SCA protects the privacy of electronic communication through Fourth Amendment and sets the framework for the disclosure.

Fostering Free Exercise, Joseph R. Ganahl

Notre Dame Law Review

The article focuses on the service provided by the religious foster care providers and the free exercise rights of children by the religious matching statutes. The article also examines the First Amendment rights of parents and children and offers a model statute that clarifies the assumptions of the religious matching statutes for easier enforcement of the First Amendment. It mentions the role of religious foster agencies in religious matching statutes to safeguard the free exercise rights.

Waiting For The Justice League: Motivating Child Welfare Agencies To Save Children, Kelli M. Mulder-Westrate

Notre Dame Law Review

The article focuses on child safety and discusses a case of Joshua DeShaney, a child abuse victim who claimed against his father in the U.S. Supreme Court. The article argues on the intervention of a child welfare worker in a family and offers suggestions to protect the rights of abused children. The article discusses several requirements of a claim filed by an abused child including a substantiated report of child abuse, child welfare agency intervention and a permanent injury from abuse.

Benign Partisanship, Franita Tolson

Notre Dame Law Review

The article focuses on the partisan gerrymandering, a political safeguard of federalism created by the U.S. Constitution to protect the regulatory interests of states and to reflect the partisan affiliation of the electorate. It discusses the judicial standards for the institutional legitimacy and political outcomes of the federalism issues. The article mentions the benefits of partisan gerrymandering that facilitates the state-federal relationship through delegation on national legislation.

Jurisprudence That Necessarily Embodies Moral Judgment: The Eighth Amendment, Catholic Teaching, And Death Penalty Discourse, Kurt M. Denk

Notre Dame Law Review

The article compares the U.S. Jurisprudence with the death penalty teaching of the Catholic Church through a court case of Patrick Kennedy v. Louisiana Supreme Court. It focuses on the Eighth Amendment Jurisprudence and argues on the translated approach of Catholic Church to advance the death penalty discourse. The article also discusses moral judgment embodied by the Eighth Amendment Jurisprudence.

An Economic Analysis Of Civil Versus Common Law Property, Yun-Chien Chang, Henry E. Smith

Notre Dame Law Review

The article presents an analysis of civil law property and common law property. It mentions that the civil law system emphasizes on ownership and affects leaseholds whereas common law emphasizes on the estate system. The article identifies fault lines and offers an explanation of transaction cost for common and civil law. It highlights the delineating property rights of civil and common property laws and states that the civil law starts with ownership and common laws starts with feudalism.

The New Intrusion, Jane Yakowitz Bambauer

Notre Dame Law Review

The article focuses on a new taxonomy introduced for organizing privacy regulations across several stages of information flow including observation, capture and dissemnation. It states that the tort of intrusion imposes liability upon seclusion offers and provides recourse for the observation of data. It also highlights the application of intrusion on modern settings such as web tracking technologies and global positioning systems.