Law Commons^™

Supporting Text And Data Analysis Across Campus From The Academic Library, Amy Kirchhoff, Hejin Shin Phd

Digital Initiatives Symposium

The ability to comprehend and communicate with text-based data is essential to future success in academics and employment, as evidenced in a recent survey from Bloomberg Research Services which shows that nearly 97% of survey respondents now use data analytics in their companies and 58% consider data and text mining a business analytics tool (https://www.sas.com/content/dam/SAS/bp_de/doc/studie/ba-st-the-current-state-of-business-analytics-2317022.pdf). This has fueled a substantial growth in text analysis research (involving the use of technology to analyze un- and semi-structured text data for valuable insights, trends, and patterns) across disciplines and a corresponding demand on academic libraries to support text analysis pedagogy and text analysis …

A Case For Abolition: Analyzing The Death Penalty In The United States, Abigail E. Nick

Senior Theses and Projects

This thesis delves into the multifaceted debate surrounding the death penalty in the United States, exploring its constitutionality, morality, and implications for the justice system. Drawing from legal, philosophical, and empirical analyses, it argues against the continued practice of capital punishment, contending that it violates fundamental human rights, inhibits rehabilitation efforts, and fails to align with evolving societal norms. The discussion navigates through historical contexts, international perspectives, and philosophical theories of punishment, examining the right to life, methods of punishment, and evolving standards of decency. It underscores the tension between retributive justice and the protection of human rights, highlighting the …

Informationalism Beyond Managerialism, Salomé Viljoen

Law and Contemporary Problems

No abstract provided.

The Letter And Its Spirit: Interpretive Dynamism And Mediating Change In Biblical And Constitutional Law, Caleb V. Strawn

Law and Contemporary Problems

No abstract provided.

Ndls Communicator: Week Of 04.29.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School and University of Cape Town establish historic partnership
• Fitzgerald Institute's Church Properties Initiative and Notre Dame Law School Host Affordable Housing Discussion with Rev. Patrick Reidy, C.S.C.
• Notre Dame Law School celebrates outstanding third-year students at Champions for Justice Reception
• Patrick Corrigan's new article, "'ES' Versus 'G' in Corporate Governance: You Can’t Have It All," was featured in the Harvard Law School Forum on Corporate Governance.
• Emily Bremer wrote a blog post for Notice & Comment on "FTC rulemaking and the attorney general's committee on administrative procedure."
• Sam Bray's research and writings about …

The Dependent Nature Of Enlightenment And Capitalism: Discourse On How Civilization Needs Capitalism To Curb The Effects Of Enlightenment, Katriel Lee

Student Research Submissions

This paper examines the interplay between the intellectual movements of enlightenment, the economic system of capitalism, and the manifestation of violent racist ideologies like antisemitism and anti-black racism. The core argument is that while the enlightenment ideals of reason, universality, and human dominance over nature inherently set the stage for categorizing and objectifying groups seen as deviating from the desired uniformity, the emergence of extreme racist violence like the Holocaust requires the additional factors of a failing capitalist economy and the rise of totalitarian governments. In the modern American context, racist thought persists in the more covert form of color-blindness. …

Downstreaming, Rachel Landy

Faculty Articles

Spotify and its competitors all offer the same product at the same price. Why? Scholars have argued that relationships can be designed in a way that naturally promotes innovation. By “braiding” certain formal contracting practices with informal enforcement norms, parties develop a frame-work that supports trust and positive, long-term collaboration. This Article takes on this consensus and shows that not all braiding is good. Using the multibillion-dollar subscription music streaming business as an illustration, it demonstrates just how industry forces can, and do, overcome braiding’s positive slant. In that industry, the major record labels (Universal, Warner, and Sony) weaponize braiding …

Mmu: 04/29/24–05/05/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Crimes In Different Mediums Of Art, Chloe Milhouse

ENGL 1102 Showcase

There are a few different ways we see crime and art come together as one without even realizing it and there are other topics that showcase crime punishment as well. Crime can be portrayed through music. When certain artists sing about their crime-like behaviors, this can lead to people also doing that same crime because they listened to it in a song. Crime can be derived from art itself, causing people to react emotionally and criminally to something they’ve seen. Lastly it can be represented through film and TV showcasing elements of human behavior for society to see. All of …

The Heavy Mark Of Ptsd The Justice System Leaves On The People Going Through It., Ezavier Miller, Angel Emetuche, Sakina Ahmed

ENGL 1102 Showcase

This is a paper about how the justice system in it's many forms can cause PTSD. Not only to the criminals that go through it but also the children, victims. With many process having extensive repercussion causing PSTD to take hold of the many people that seek the justice system for help or judgement.

The Failures Of The United States Justice System, Barry Nash, James Hall, Joseph Harris, Jalyn Williams

ENGL 1102 Showcase

This is a compilation of research papers written under a common theme of United States Justice System Failures. This was done for an assignment in an English 1102 class.

Out Of Sight, Out Of Mind: The Hidden Issues And Entertainment Within The World Of Crime And Punishment, John Charlton, Christian Sorrells, Aaron Burney, Jonathan Yi

ENGL 1102 Showcase

An anthology diving into observing topics related to crime and punishment and determining the effect on the greater topic. Explains why people are so interested in crime, how PTSD can lead to violence and questioning how prisoners spend their time and all through provoking questions addressed in this anthology in the hope that it creates a greater understanding of crime and punishment as a whole.

My Patient Or Law Enforcement, Who Gets First Say?, Hollis T, Redden

Arkansas Law Notes

Law enforcement is often left struggling with determining how to appropriately respond to nurses who refuse their request to collect a suspect’s blood when that patient is suspected of intoxicated driving and the officer has a valid search warrant. These scenarios trigger compliance issues including a patient’s right to privacy and consent, “particularly when a medical entity’s compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) provisions directly conflicts with law enforcement needs and goals.” Once a suspect becomes a patient, whose interest prevails? Is it healthcare providers’ interest in abiding by the rights, health, and safety …

Where To Test A Nuclear Bomb, Tyler Kliegl

The Purdue Historian

The United States detonated three underground nuclear bombs on a far-off Alaskan island called Amchitka in the 1960s and 70s. The goal is to understand what the motive of the United States in selecting Amchitka over the endless potential sites to test at were. What makes a place worthy in being tested on, or unworthy in being left alone. How does the United States deal with resistance from locals and other organizations, fighting to prevent their tests.

Beyond Patents: Incentive Strategies For Ocean Plastic Remediation Technologies, Jacob Stotser

Duke Law & Technology Review

With a garbage truck’s worth of plastic being dumped in the ocean each minute, there is a dire need for effective technological solutions aimed at mitigating the marine plastic pollution problem. However, the reliance of the U.S. patent system on market demand to incentivize this type of innovation has proven insufficient in light of the peculiarities of “green” technologies. To remedy this, this article proposes a multi-faceted incentivization approach that looks beyond the U.S. Patent and Trademark Office to stimulate the development of remediation technologies through comprehensive regulatory interventions, the establishment of prize funds and other alternative incentive mechanisms, and …

The End Of The Road: Violence Against Alaska Native Women And Indigenous Jurisprudence, Molly Simons

Senior Theses and Projects

Native communities are plagued by violence against Native women, often violence committed by non-Native people; in Alaska, Native women are overrepresented among domestic violence victims by 250%. Recent expansions to Tribal court jurisdiction have reauthorized Tribal courts to try non-Native defendants who commit crimes against Native people, a huge step in securing the safety of Native communities. There are, however, challenges to implementing this jurisdiction, challenges that are expounded by the geographical landscape in Alaska. This thesis aims to explore violence against Alaska Native women and the jurisdictional expansions granted to Tribal courts in an attempt to mitigate this violence …

The Mosaic Theory In Fourth Amendment Jurisprudence: The Last Bastion Of Privacy In A Camera-Surveilled World, Auggie Alvarado

St. Mary's Law Journal

No abstract provided.

Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam

International Law Studies

This article examines how States are interpreting one aspect of the international law governing cyber activities, the jus ad bellum. The article focuses on two issues: (1) the prohibition on the use of force found in Article 2(4) of the UN Charter, and (2) the right of self-defense in Article 51. The critical unsettled question regarding the first issue is the threshold at which a hostile cyber operation can be characterized as a “use of force” subject to the prohibition of Article 2(4). Concerning the second issue, a number of unresolved questions plague the application of the right of …

Remodeling The Fruitless Link Between The Security Council And The International Criminal Court: Why Amending The Un Charter Could Be The Greatest Tribute International Politics Has Ever Paid To International Law, Mickey Isakoff

Et Cetera

Established in 2002, the International Criminal Court (“ICC”) has become a symbolic cornerstone of international criminal jurisprudence—prosecuting and convicting individuals for the commission of genocide, crimes against humanity, war crimes, and crimes of aggression—collectively referred to as atrocity crimes.

One way the ICC can lawfully exercise jurisdiction is by referral—in the form of a resolution—from the UN Security Council. The language of Charter of the United Nations and the Rome Statute collaborate to provide an avenue for the Security Council to grant the ICC jurisdiction over atrocity crime situations. Such resolutions grant the ICC full jurisdiction over the suspected …

How Close Is Close Enough: A Step-By-Step Analysis To Resolve The Circuit Split Created By Misunderstanding The Spokeo Ruling, Cason Shipp

St. Mary's Law Journal

No abstract provided.

A Model Of Evidence-Based Practice For Law Schools To Improve System Outcomes, Chance Meyer

St. Mary's Law Journal

No abstract provided.

Defiance, Lackland H. Bloom Jr

St. Mary's Law Journal

No abstract provided.

The Politics And Consequences Of State Secession, Olawale Olumodimu

St. Mary's Law Journal

This Article argues that the non-express prohibition of state secession in the Nigerian Constitution does not automatically allow component states to break away unilaterally. It appears the framers of the Constitution wanted to ensure political continuity and national unity rather than allow for Nigeria’s disintegration. Beyond Nigeria, international law only allows unilateral secession in the context of decolonization and the people’s right to self-determination.

Nigeria has a responsibility to provide self-determination to its citizens; however, secession is not a legal channel to seek self-determination in the absence of targeted, widespread, or systemic criminal acts committed by or on behalf of …

Foiled Foia: The Excessive Exemption, Edward L. Wilkinson Jr.

St. Mary's Law Journal

The Freedom of Information Act permits requestors access to government information unless an exemption applies. Exemption (b)(3)(B) permits the government to protect information if there is a specific reference to a FOIA exemption in the withholding statute. Congress created this new requirement in 2009 in order to remove decision making power from administrative agencies and courts and reserve the power to disclose or withhold information with the legislative branch. This exemption poses problems to courts when there is a clear intent to protect information in the withholding statute without a clear reference to Exemption (b)(3)(B). As a result, courts have …

Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter

Senior Honors Theses

Subthreshold negative emotions have superseded conscious reason as the initial and strongest motivators of political behavior. Political neuroscience uses the concepts of negativity bias and terror management theory to explore why fear-driven rhetoric plays such an outsized role in determining human political actions. These mechanisms of human anthropology are explored by competing explanations from biblical and evolutionary scholars who attempt to understand their contribution to human vulnerabilities to fear. When these mechanisms are observed in fear-driven political rhetoric, three common characteristics emerge: exaggerated threat, tribal combat, and religious apocalypse, which provide a new framework for explaining how modern populist leaders …

National Pork Producers Council V. Ross And The Dormant Commerce Clause, Jeffrey C. Tuomala

Liberty University Law Review

National Pork Producers Council v. Ross is a dormant Commerce Clause case in which petitioners challenged a California law that restricts the instate sale of pork that comes from breeding pigs “confined in a cruel manner.” Because California comprises 13% of the national pork market, and because most pork consumed in California is raised in other states, the cost of compliance with the law falls largely on out-of-state producers. Pork Producers claimed that the California law placed an excessively heavy burden on interstate commerce, but they did not claim that California targeted out-of-state producers. The Court of Appeals dismissed the …

Groff V. Dejoy And Title Vii's "Undue Hardship" Standard, Natalie C. Rhoads

Liberty University Law Review

In June 2023, the Supreme Court issued its decision in Groff v. DeJoy, where it clarified the standard governing an employer’s obligation to make a religious accommodation under Title VII. For over 50 years, lower courts had been using the Court’s language in Trans World Airlines, Inc. v. Hardison, that a religious accommodation constitutes an “undue hardship” under Title VII if it would cause the employer to incur “more than a de minimis cost.” This Article explains the flawed Hardison standard and analyzes the Court’s decision in Groff, including the Court’s statement that an “undue hardship” under …

Reassessing Tyler V. Hennepin County: A Critical Examination Of The Supreme Court’S Federalist Overreach In Discovering A Constitutionally Protected Property Right In A Takings Case Involving A Sovereign State’S Real Property Tax-Foreclosure Sale, Tory L. Lucas

Liberty University Law Review

This Article features the case of a real property owner who disclaimed all her burdens under state law for over six years yet later claimed substantial benefits under federal law. Because this distorts any rational burden-benefit analysis, this Article scrutinizes the U.S. Supreme Court’s groundbreaking decision in Tyler v. Hennepin County that radically reinterpreted the Takings Clause of the U.S. Constitution. In Tyler, a unanimous Supreme Court departed from the consensus among the lower federal courts and discovered a novel property right—the constitutional entitlement to surplus proceeds from a sovereign State’s real property tax-foreclosure sale. Despite Minnesota’s clear and …

303 Creative And The Question Of Governmental Authority To Dictate Commercial Transactions, Rena M. Lindevaldsen

Liberty University Law Review

In June 2023, the nation awaited a decision from the United States Supreme Court in 303 Creative LLC v. Elenis. At its core, the case presented the question of whether free speech rights outweighed a state’s interest in prohibiting discrimination through its public accommodation laws. If the Supreme Court had ruled against 303 Creative and compelled its owner, Lorie Smith, to design a website for same-sex weddings despite Ms. Smith’s sincerely-held religious beliefs that such marriages are not biblical, free speech rights in America would have been at the mercy of what the majority deemed acceptable speech.

Although the …

Biden V. Nebraska: Student Loan Debt Forgiveness And The Dangers Of The Administrative State, Rodney D. Chrisman

Liberty University Law Review

In April of 2020, then-candidate Joe Biden promised that, if he were elected to the Presidency, he would “[i]mmediately cancel a minimum of $10,000 of student debt per person, as proposed by Senator Warren in the midst of the coronavirus crisis.” Once in office, the Biden administration found that Congress would not pass the type of extensive student loan debt forgiveness that the President wanted. Accordingly, President Biden did what has become all too common in recent presidential administrations— he acted by executive fiat through an administrative agency to accomplish a policy goal that he could not get passed through …