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Articles 601 - 630 of 547244
Full-Text Articles in Law
Rethinking Culpability And Wrongdoing (In The Criminal Law—And Everyday Life), T. Markus Funk
Rethinking Culpability And Wrongdoing (In The Criminal Law—And Everyday Life), T. Markus Funk
University of Cincinnati Law Review
Determining an offender’s “culpability” is fundamental to justice systems worldwide. However, this crucial concept, built on a blending of moral responsibility with legal guilt, remains significantly diluted, including in the U.S. Model Penal Code, for instance, uses an offender’s moral culpability merely to “grade” offenses and determine sentences. This approach, which is mirrored in U.S. state and federal laws and academic discourse, not only affects individual cases but also has far-reaching societal implications.
Under this prevailing perpetrator-centric approach, “harm” narrowly refers to the concrete damage (or the “injury”), such as physical pain and damage or loss of property, the perpetrator …
Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, David S. Caudill, Harry Collins, Robert Evans
Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, David S. Caudill, Harry Collins, Robert Evans
University of Cincinnati Law Review
One of the most constructive critiques of the Daubert admissibility regime is Professor Edward Cheng’s recent proposal for a new Consensus Rule in the Federal Rules of Evidence. Rejecting the notion that judges and juries have the capacity to evaluate scientific expertise, Cheng’s proposal would eliminate Daubert hearings—and judicial gatekeeping concerning expert testimony—and require judges and juries, in their verdicts, to follow consensus in the relevant scientific community. Significantly, Cheng argues that judges and juries would have an easier time identifying consensus than they have in deciding between experts who disagree.
We find Cheng’s emphasis on consensus compelling, and …
Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake
Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake
University of Cincinnati Law Review
No abstract provided.
The Missing Links: Why Hyperlinks Must Be Treated As Attachments In Electronic Discovery, Lea Malani Bays, Stuart A. Davidson
The Missing Links: Why Hyperlinks Must Be Treated As Attachments In Electronic Discovery, Lea Malani Bays, Stuart A. Davidson
University of Cincinnati Law Review
This Article sheds light on a unique but centrally important “twenty-first century” issue involving electronic discovery in federal civil litigation that is just beginning to percolate in federal district courts. Historically, courts have held that a document attached to or enclosed with another document must be produced together when produced in response to a discovery request, as that is how the document was “kept in the usual course of business” and how it is “ordinarily maintained or in a reasonably usable form,” as the Federal Rules of Civil Procedure have required for decades. Today, parties are pushing back on whether …
Medical-Legal Partnerships Reinvigorate Systems Lawyering Using An Upstream Approach, Kate L. Mitchell, Debra Chopp
Medical-Legal Partnerships Reinvigorate Systems Lawyering Using An Upstream Approach, Kate L. Mitchell, Debra Chopp
Articles
The upstream framework presented in public health and medicine considers health problems from a preventive perspective, seeking to understand and address the root causes of poor health. Medical-legal partnerships (MLPs) have demonstrated the value of this upstream framework in the practice of law and engage in upstream lawyering by utilizing systemic advocacy to address root causes of injustices and health inequities. This article explores upstreaming and its use by MLPs in reframing legal practice.
Counterpoint To: "The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs" — The Privilege To Silence “Customized” Speech: The Website Kerfuffle In 303 Creative V. Elenis, Jeffrey C. Sun
University of Dayton Law Review
No abstract provided.
“No Superior But God”: History, Post Presidential Immunity, And The Intent Of The Framers, Trace M. Maddox
“No Superior But God”: History, Post Presidential Immunity, And The Intent Of The Framers, Trace M. Maddox
Washington and Lee Law Review Online
This essay is directly responsive to one of the most pressing issues currently before the courts of the United States: the question of whether former Presidents enjoy immunity from criminal prosecution for acts they committed in office. Building upon the recent ruling of the United States Court of Appeals for the D.C. Circuit in United States v. Trump, 91 F.4th 1173 (D.C. Cir. 2024) this essay argues that the clear answer to that question is a resounding “no”.
Former President Trump, who has now appealed the D.C. Circuit’s ruling to the Supreme Court, contends that post-presidential criminal immunity is …
Esg, Sustainability Disclosure, And Institutional Investor Stewardship, Giovanni Strampelli
Esg, Sustainability Disclosure, And Institutional Investor Stewardship, Giovanni Strampelli
Washington and Lee Law Review Online
This Article sheds new light on the link between sustainability disclosure and institutional investors’ stewardship activities aimed at promoting improvements in the ESG performance of investee companies. On the one hand, sustainability disclosure is one of the information elements that may be relevant to institutional investors’ stewardship activities. On the other hand, improving the quality of sustainability reports provided by investee companies is often the ultimate goal of investor engagement initiatives. The role of climate and social disclosure is problematic from both perspectives. First, institutional investors, especially those with broadly diversified portfolios, are unable to use sustainability information directly and …
Addressing Mental Disability Head On: The Challenges Of Reasonable Accommodation Requests For Virginia Housing Providers, Haley Fortner
Addressing Mental Disability Head On: The Challenges Of Reasonable Accommodation Requests For Virginia Housing Providers, Haley Fortner
Washington and Lee Law Review Online
A person’s home should be a sanctuary of safety, security, and comfortability away from the demands of the outside world. Yet for many people living with mental illness, a home can all too easily become a sort of temporary prison. Nowhere is this more apparent than when a housing provider stands in the way of allowing someone with a mental disability the equal opportunity to use and enjoy their home. Fair housing law’s reasonable accommodation requirement works to ensure those living with mental illness receive the accommodations they need in order to live safely and comfortably in their own home. …
Implied Consent In Administrative Adjudication, Grace Moore
Implied Consent In Administrative Adjudication, Grace Moore
Washington and Lee Law Review Online
Article III of the Constitution mandates that judges exercising the federal judicial power receive life tenure and that their pay not be diminished. Nonetheless, certain forms of adjudication have always taken place outside of Article III—in state courts, military tribunals, territorial courts, and administrative tribunals. Administrative law judges, employed by various federal administrative agencies, decide thousands of cases each year. A vast majority of the cases they decide deal with public rights, which generally include claims involving federal statutory rights or cases in which the federal government is a party. With litigant consent, however, the Supreme Court has upheld administrative …
Ndls Communicator: Week Of 05.13.24, Notre Dame Law School
Ndls Communicator: Week Of 05.13.24, Notre Dame Law School
NDLS Communicator
The Latest News
- University of Notre Dame Hosts Consultation with the UN Special Rapporteur on the Right to Education
- Notre Dame Law School ranked #4 in federal clerkship placement for second year
- ND Law and Graduate School to host Legal History Colloquium: Call for Papers
- Notre Dame Journal of International & Comparative Law Symposium Explores the Impact of Anti-Blasphemy Laws on Religious Expression
Faculty Briefs
- Avishalom Tor has published a peer-reviewed article, “If You Can’t Beat Them, Join Them: Richard Posner and Behavioral Law and Economics,” 31 History of Economic Ideas 67 (2023) (with Doron Teichman and Eyal Zamir).
- Derek …
Opening Brief For Plaintiff-Appellant Rocky Freeman, Madeline H. Meth, Sanketh Bhaskar, Henry Drembus, Brianna Jordan
Opening Brief For Plaintiff-Appellant Rocky Freeman, Madeline H. Meth, Sanketh Bhaskar, Henry Drembus, Brianna Jordan
Faculty Scholarship
For nearly two decades, while Rocky Freeman was in federal prison, the United States treated him like a contract killer who murdered two victims even though the U.S. Probation Office knew that this information was false, and the Bureau of Prisons (BOP) knew or should have known the same merely by looking at Freeman’s pre-sentence report (PSR). As a result, Freeman spent years subject to harsh conditions of confinement that he would not have experienced had probation or BOP officers acted with reasonable care. Since learning about this negligence, Freeman has sought repeatedly to remedy the various harms he suffered, …
Rebuttal To Jeffrey C. Sun’S "The Privilege To Silence ‘Customized’ Speech: The Website Kerfuffle In 303 Creative V. Elenis”, Charles J. Russo
Rebuttal To Jeffrey C. Sun’S "The Privilege To Silence ‘Customized’ Speech: The Website Kerfuffle In 303 Creative V. Elenis”, Charles J. Russo
University of Dayton Law Review
No abstract provided.
Rebuttal To Charles J. Russo’S “Point — The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs”, Jeffrey C. Sun
University of Dayton Law Review
No abstract provided.
A Right To Republish: Redesigning Copyright Law For Research Works, Faith O. Majekolagbe
A Right To Republish: Redesigning Copyright Law For Research Works, Faith O. Majekolagbe
Minnesota Journal of Law, Science & Technology
No abstract provided.
The Future Of Streaming Music: The Music Modernization Act And New Copyright Royalties Regulations, Callie P. Borgmann
The Future Of Streaming Music: The Music Modernization Act And New Copyright Royalties Regulations, Callie P. Borgmann
Denver Sports & Entertainment Law Journal
No abstract provided.
Ball V. City Of Lincoln, Nebraska
Ball V. City Of Lincoln, Nebraska
Denver Sports & Entertainment Law Journal
No abstract provided.
Boogaard V. National Hockey League
Boogaard V. National Hockey League
Denver Sports & Entertainment Law Journal
No abstract provided.
Independent Sports & Entertainment, Llc V. Fegan, Nicholas R. Kehr
Independent Sports & Entertainment, Llc V. Fegan, Nicholas R. Kehr
Denver Sports & Entertainment Law Journal
No abstract provided.
Vol. 21, No. 1: Title Page, Denver Sports & Entertainment Law Journal
Vol. 21, No. 1: Title Page, Denver Sports & Entertainment Law Journal
Denver Sports & Entertainment Law Journal
No abstract provided.
Vol. 21, No. 1: Table Of Contents, Denver Sports & Entertainment Law Journal
Vol. 21, No. 1: Table Of Contents, Denver Sports & Entertainment Law Journal
Denver Sports & Entertainment Law Journal
No abstract provided.
School Leaders Supporting Undocumented Asian And Black Students, Lorena Tule-Romain
School Leaders Supporting Undocumented Asian And Black Students, Lorena Tule-Romain
Education Policy and Leadership Theses and Dissertations
There are 5.6 million K-12 students who are either undocumented or living with at least one undocumented parent (Passel & Cohn, 2018). In 2021, FWD.us estimated that approximately 620,000 K-12 students are undocumented; 34% of these students migrated from countries in Asia, sub-Saharan African, and Caribbean countries. These students have unique needs in schools, such as support for lower frequency language services, wraparound supports, and classroom curricula that should account for their cultural heritages and traditions. While scholars have conducted research on the largest group of undocumented students, Latinx, existing knowledge of the students coming from Asian and African countries …
Beyond The Surface: Understanding The “Blurred Lines” Of Sexual Dynamics And Consent In Trinity College's Hookup Scene, Zoe Kon
Senior Theses and Projects
This thesis explores the complex interplay of sexual behaviors, consent, and campus culture at Trinity College through qualitative ethnographic research. Delving into the nuances of hookup culture, a prevalent social phenomenon, the research examines how it often blurs the boundaries between consensual and non-consensual sexual interactions. Thirty in-depth interviews with Trinity College students reveal the intricate dynamics of consent communication and understanding within this context. The findings highlight significant gaps in students' communication about boundaries and consent, driven by the pressures of social capital and the normalization of alcohol-fueled encounters. The theme of blurred lines emerges as a central issue, …
In Defense Of 2.0°C: The Value Of Aspirational Environmental Goals, Albert C. Lin
In Defense Of 2.0°C: The Value Of Aspirational Environmental Goals, Albert C. Lin
Texas A&M Law Review
Aspirational goals, such as the Paris Agreement’s goals of avoiding a global temperature increase of 1.5°C or 2.0°C, can be found throughout environmental law. Such goals, though sometimes unrealistic, perform important functions. They may serve as asymptotic directives that guide implementing entities; yardsticks to measure and evaluate progress; expressions of social values; and expanders of policy space. As asymptotic directives, aspirational goals may push actors to achieve more than they otherwise might accomplish. Incorporated into treaties or statutes, they can serve as guideposts for implementing concrete substantive and procedural requirements. With the passage of time, aspirational goals function as yardsticks …
Empirically Assessing Medical Device Innovation, George Horvath
Empirically Assessing Medical Device Innovation, George Horvath
Minnesota Journal of Law, Science & Technology
No abstract provided.
Breaking Barriers: Cross-State Licensing Reform For Licensed Professional Counselors, Madeleine Rossi
Breaking Barriers: Cross-State Licensing Reform For Licensed Professional Counselors, Madeleine Rossi
Minnesota Journal of Law, Science & Technology
No abstract provided.
Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali
Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali
Minnesota Journal of Law, Science & Technology
No abstract provided.
Generative Artificial Intelligence And The Practice Of Law: Impact, Opportunities, And Risks, John Villasenor
Generative Artificial Intelligence And The Practice Of Law: Impact, Opportunities, And Risks, John Villasenor
Minnesota Journal of Law, Science & Technology
No abstract provided.
Practicing Law In The Age Of Ai - Practice Guide: How To Integrate Ai And Emerging Technology Into Your Practice And Comply With Model Rule 3.1, Kevin Frazier
Minnesota Journal of Law, Science & Technology
No abstract provided.
Clearing The Darkened Air: Regulating Dark Patterns As Air Pollution, Michael Rosenbloom
Clearing The Darkened Air: Regulating Dark Patterns As Air Pollution, Michael Rosenbloom
Minnesota Journal of Law, Science & Technology
No abstract provided.