Law Commons^™

Retirement Party Invitation, Kresge Law Library

2006–2016: Ed Edmonds

Ed Edmonds is retiring after 42 years of law librarianship. Please join us for a dinner in his honor.

A Structural Etiology Of The U.S. Constitution, Charles Lincoln

Journal of Legislation

This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of (logos = word = law), (thymos = external driving spirit = executive), and (eros = general welfare = legislative) extrapolated from Plato’s dialogues.

First, the article establishes Plato’s theory of the three-part Platonic soul …

Mmu: 12/05/16–12/16/16, Student Bar Association

Monday Morning Update

SBA Store Announcements

Resources Spreadsheet Reminder

March for Life Update

Financial Wellness Tip

This Week @ NDLS

Aly Hughes' Tweet of the Week

Education As A Vital Right, Clayton Kozinski

Journal of Legislation

No abstract provided.

Managing Fear-Based Derogation In Murder Trials, John Rafael Perez

Journal of Legislation

No abstract provided.

Evaluating Legislative Justice Sector Reforms: Creating An Environment For Survival, Lauren A. Shumate

Journal of Legislation

No abstract provided.

Solving The Information Security & Privacy Crisis By Expanding The Scope Of Top Management Personal Liability, Charles Cresson Wood

Journal of Legislation

While information security and privacy losses are now spiraling out of control, and have been demonstrably shown to threaten national sovereignty, military superiority, industrial infrastructure order, national economic competitiveness, the solvency of major businesses, faith and trust in the Internet as a platform for modern commerce, as well as political stability, the U.S. Congress has nonetheless to date refused to seriously address the root cause of these threats. The root cause is a legally reinforced incentive system that encourages, and further entrenches, top management decisions that provide inadequate resources for, and inadequate top management attention to, information security and privacy …

The Clean Water Rule: What It Is And Why It Needs To Go, Charles C. Davis, Iii

Journal of Legislation

No abstract provided.

Wreaths, Ribbons, And Student Mission, Notre Dame Law School

Notre Dame Lawyers Connect

Students: Anthony Kroese, 3L, Improves Social Experience for Law Students

Alumni Events

• NDLS Homecoming Weekend 2017
• ND Lawyers Will Join Students in Networking Events in January

Faculty in the News: Randy Kozel named Interim London Law Program Director

Alumni Notes

• Husch Blackwell’s Cynthia Cordes, ’04 J.D., Receives Trailblazer Award from Missouri Commission on Human Rights
• James Sledge, ’92 J.D., Named V.P. of State Government Affairs for Comcast
• Christopher J. Spataro, ’96 J.D., Becomes V.P. of Human Resources for Genesis Products

Mmu: 11/28/16–12/04/16, Student Bar Association

Monday Morning Update

Lunch With SBA Fund

Do Not Throuw Away Your Shot [Hamilton Tickets]

You Should Probably Go to This

You Have to do This[electronic Bluebook requirements]

This is Worth Remembering

Toiletries Drive

Send Pics

Dolla Dolla Bills, Y'all

This Week @ NDLS

Aly Hughes' Tweet of the Week

Mmu: 11/21/16–11/27/16, Student Bar Association

Monday Morning Update

Help Out Some Kids!

Help Out Some More Kids!

Resource Spreadsheet Reminder

This Week @ NDLS

Aly Hughes' Tweet of the Week

Who's That 1L?: Caitlin Canahai

Hoynes Code, The, Notre Dame Law School

Hoynes Code

A COMPILATION OF FACULTY RESOLUTIONS AND ADMINISTRATIVE REGULATIONS GOVERNING NOTRE DAME LAW SCHOOL

This code governs legal education at the University of Notre Dame in all programs and in all locations. Requirements for the LL.M. and J.S.D. degree are included in the appendices.

Mmu: 11/14/16–11/20/16, Student Bar Association

Monday Morning Update

SBA Community Service Thanksgiving Drive

Assistant Rector Applications

Assistant Rector Info Sessions

Jus Vitae March to Life Update

To 3L's, From Anne, With Love

This Week @ NDLS

Aly Hughes' Tweet of the Week

Who's That 1L?: Becky Stephenson

Mmu: 11/07/16–11/13/16, Student Bar Association

Monday Morning Update

SBA Community Service Thanksgiving Drive

Assistant Rector Applications

Assistant Rector Info Sessions

Financial Wellness Tip

Event Pictures, Please

SBA Student REsources

Jus Vitae March to Life Save the Date

This Week @ NDLS

Aly Hughes' Tweet of the Week

Who's That 1L?: Claudia Tran

Prosecutorial Accountability 2.0, Bruce Green, Ellen Yaroshefsky

Notre Dame Law Review

This Article describes the rhetorical and regulatory changes that characterize

the new prosecutorial accountability, identifies the conditions that

have enabled them to occur, and considers their implications. While identifying

various necessary conditions, the Article argues that information technology

has been the essential catalyst; the evolution could not be sustained

without the aggregation, accessibility, and communication of data and commentary

about prosecutorial misconduct that new information technology

makes readily available to the public. Given the permanence of information

technology in modern society, the Article concludes by cautiously predicting

that the contemporary regulatory movement will be sustained; the pendulum

will not swing …

A Non-Contentious Account Of Article Iii's Domestic Relations Exception, James E. Pfander, Emily K. Damrau

Notre Dame Law Review

Scholars and jurists have long debated the origins and current scope of the so-called domestic relations exception to Article III. Rooted in the perception that certain family law matters lie beyond the power of the federal courts, the exception was first articulated in the nineteenth-century decisional law of the Supreme Court and has perplexed observers ever since. Scholarly debate continues, despite the Court’s twentieth-century decision to place the exception firmly on statutory grounds in an effort to limit its potentially disruptive force.

This Article offers a novel, historically grounded account of the domestic relations exception, connecting its origins to the …

Product Hopping: A New Framework, Michael A. Carrier, Steve D. Shadowen

Notre Dame Law Review

One of the most misunderstood and anticompetitive business behaviors in today’s economy is “product hopping,” which occurs when a brand-name pharmaceutical company switches from one version of a drug to another. These switches, benign in appearance but not necessarily in effect, can significantly decrease consumer welfare, impairing competition from generic drugs to an extent that greatly exceeds any gains from the “improved” branded product.

The antitrust analysis of product hopping is nuanced. It implicates the intersection of antitrust law, patent law, the Hatch-Waxman Act, and state drug product selection laws. In fact, the behavior is even more complex because it …

Misalignment: Corporate Risk-Taking And Public Duty, Steven L. Schwarcz

Notre Dame Law Review

This Article argues for a “public governance duty” to help manage excessive risk-taking by systemically important firms. Although governments worldwide, including the United States, have issued an array of regulations to attempt to curb that risk-taking by aligning managerial and investor interests, those regulations implicitly assume that investors would oppose excessively risky business ventures. That leaves a critical misalignment: because much of the harm from a systemically important firm’s failure would be externalized onto the public, including ordinary citizens impacted by an economic collapse, such a firm can engage in risk-taking ventures with positive expected value to its investors but …

One Federalism And The Judicial Role: Enforcing The Limits Of Article I, Alexa R. Baltes

Notre Dame Law Review

Part I of this Note offers a brief account of the two main theories of

federalism protection: the political safeguards (or process federalism) and

judicial review. Part II then suggests a dual-safeguards approach as the single

constitutionally grounded theory, and proceeds to situate the procedural

safeguards and, importantly, judicial review, in the history, text, and structure

of the Constitution. Next, delving into the Court’s New Federalism line of

decisions, Part III analyzes the implications for these two constitutionally

grounded safeguards to deduce the proper framework for their respective

applications. It suggests that while political safeguards may be conceived in

terms …

Police Body-Worn Camera Policy: Balancing The Tension Between Privacy And Public Access In State Law, Kyle J. Maury

Notre Dame Law Review

Body camera implementation remains in its infancy stage. As such,

there is a dearth of legal scholarship analyzing the policy considerations associated

with body cameras. Instead of raising the issues involved and assessing

arguments for and against implementation, this Note assumes body cameras

are a force for good and are here to stay for the long haul. Consequently, the

goal of this Note is to analyze various issues involved in administering body

cameras against a backdrop of recently enacted state legislation—focusing

specifically on the tension between protecting privacy interests while also

ensuring public access to recordings. This Note examines these …

Fighting To Protect, Notre Dame Law School

Notre Dame Lawyers Connect

Alumni Features: What Would You Fight For? Fighting to Protect the Innocent

Alumni Events: Justice Alan Page Encourages Students to Help Others

Faculty in the News

• Columbia Gives Professor Douglass Cassel Highest Honor for Foreign Citizens
• Professor Amy Coney Barrett Recognized at Notre Dame Football Game

Students: Public Interest Month at NDLS: Fellows Talk to Students about their Public Interest Paths

The First Amendment Walks Into A Bar: Trademark Registration And Free Speech, Rebecca Tushnet

Notre Dame Law Review

This Article analyzes the First Amendment arguments against section

2(a)’s disparagement bar with reference to the consequences of any

invalidation on the rest of the trademark statute. My fundamental conclusions

are that In re Tam is wrongly reasoned even given the Supreme Court’s

increased scrutiny of commercial speech regulations, and that to hold otherwise

and preserve the rest of trademark law would require unprincipled distinctions

within trademark law. More generally, the Supreme Court’s First

Amendment jurisprudence has become so expansive as to threaten basic

aspects of the regulatory state; the result of subjecting economic regulations

such as trademark registration to …

The Bill Of Rights As A Term Of Art, Gerard N. Magliocca

Notre Dame Law Review

This Article argues that the use of the “Bill of Rights” to describe the first

set of constitutional amendments emerged long after the Founding as a justification

for expanding federal power at home and abroad. In making that

claim, I challenge two common misconceptions about the Bill of Rights. One

is that the first set of amendments was known by that name from the start.

This is not true. James Madison never said that what was ratified in 1791 was

a bill of rights, and that label was not widely used for those provisions until

after 1900. The second fallacy …

Arbitrariness Review Made Reasonable: Structural And Conceptual Reform Of The "Hard Look", Sidney A. Shapiro, Richard W. Murphy

Notre Dame Law Review

As Representative John Dingell remarked in the best sentence ever said on the power of procedure over substance, “I’ll let you write the substance . . . you let me write the procedure, and I’ll screw you every time.”1 Accordingly, designing procedures for legislative rulemaking, a dominant feature of modern governance, has spawned one of the most contentious debates in all of administrative law. Compounding the stakes, over the last fifty years, the courts, with help from Congress and presidents, have relentlessly made rulemaking procedures more burdensome, impeding efforts to preserve the environment, protect workers, and forestall financial collapse, among …

"Come Now Let Us Reason Together": Restoring Religious Freedom In America And Abroad, John Witte Jr, Joel A. Nichols

Notre Dame Law Review

American religious freedom used to be “taken for granted.” It’s now “up

for grabs.” So writes distinguished religious liberty scholar Paul Horwitz.

Until a generation ago, the opposite was true.

So matters stood a generation ago. But in the ensuing years, these special

legislative protections of religious freedom have come under increasing

attack.

(In)Valid Patents, Paul R. Gugliuzza

Notre Dame Law Review

Increasingly, accused infringers challenge a patent’s validity in two different forums: in litigation in federal court and in post-issuance review at the Patent and Trademark Office (PTO). These parallel proceedings have produced conflicting and controversial results. For example, in one recent case, a district court rejected a challenge to a patent’s validity and awarded millions of dollars in damages for infringement. The Federal Circuit initially affirmed those rulings, ending the litigation over the patent’s validity. In a subsequent appeal about royalties owed by the infringer, however, the Federal Circuit vacated the entire judgment—including the validity ruling and damages award it …

Mmu: 10/31/16–11/06/16, Student Bar Association

Monday Morning Update

Law School Trick or Treat

Electronic Bluebook Training

SBA @ Five Guys

Financial Wellness Tip

Fall Ball Pictures, Please

Bloomberg Law Event Save the Date

This Week @ NDLS

Aly Hughes' Tweet of the Week

Who's That 1L?: Sebastian Fischer

Mmu: 10/24/16–10/30/16, Student Bar Association

Monday Morning Update

Law School Trick or Treat

Volunteer at Oaklawn

Electronic Bluebook Training

SBA @ Five Guys Save the Date

Financial Wellness Tip

This Week @ NDLS

Aly Hughes' Tweet of the Week

Who's That 1L?: Alexis Farrell

Mmu: 10/24/16–10/30/16, Student Bar Association

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.

Mmu: 10/10/16–10/16/16, Student Bar Association

Monday Morning Update

Fall Ball Ticket Sales Extended

Public Interest Month is Here

Student Resources at NDLS

Financial Wellness Tip

This Week @ NDLS

Aly Hughes' Tweet of the Week

Who's That 1L?: That's Cooper!