Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Notre Dame Law School

2018

Discipline
Keyword
Publication
Publication Type

Articles 1 - 30 of 247

Full-Text Articles in Law

Mmu: 12/03/18–12/09/18, Notre Dame Law School Dec 2018

Mmu: 12/03/18–12/09/18, Notre Dame Law School

Monday Morning Update

Father Mike Scheduled: Tuesday, March 26

Take Home Exam Schedule

Political Science Dept Seeks TAs

Mass Schedule

Announcement - Weekly Bible Study

Legal Voices for Children & Youth Christmas Drive

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

Song of the Week

Meme of the Week

1L of the Week

Long Reads of the Week


The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie Dec 2018

The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie

Journal of Legislation

No abstract provided.


Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres Dec 2018

Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres

Journal of Legislation

No abstract provided.


“I’Ll Know It When I See It”: Defending The Consumer Financial Protection Bureau’S Approach Of Interpreting The Scope Of Unfair, Deceptive, Or Abusive Acts Or Practices (“Udapp”) Through Enforcement Actions, Stephen J. Canzona Dec 2018

“I’Ll Know It When I See It”: Defending The Consumer Financial Protection Bureau’S Approach Of Interpreting The Scope Of Unfair, Deceptive, Or Abusive Acts Or Practices (“Udapp”) Through Enforcement Actions, Stephen J. Canzona

Journal of Legislation

No abstract provided.


Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar Dec 2018

Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar

Journal of Legislation

No abstract provided.


There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle Dec 2018

There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle

Journal of Legislation

No abstract provided.


Defining 'Diversity' In Corporate Governance: A Global Survey, Askhaya Kamalnath Dec 2018

Defining 'Diversity' In Corporate Governance: A Global Survey, Askhaya Kamalnath

Journal of Legislation

This Article explores the connotation of the term “diversity” in the corporate governance sphere and the utility of such a connotation. To explore what the term has come to mean, this Article conducts a comparative analysis of how the term is used in the corporate governance context in the U.S., U.K., Australia, Canada, India, and Malaysia. Based on this analysis, this Article argues that the push for “diversity” (in the way it has come to be understood) on company boards needs to be re-examined and recommends that the SEC needs to define the term in accordance with its ...


Mmu: 11/26/18–12/02/18, Notre Dame Law School Nov 2018

Mmu: 11/26/18–12/02/18, Notre Dame Law School

Monday Morning Update

Political Science Dept Seeks TAs

Graduate Student Network to Host Winter Formal

Mass Schedule

Announcement - Weekly Bible Study

Legal Voices for Children & Youth Christmas Drive

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

Song of the Week

Meme of the Week

1L of the Week

#3LOL of the Week

Long Reads of the Week


Mmu: 11/19/18–11/25/18, Notre Dame Law School Nov 2018

Mmu: 11/19/18–11/25/18, Notre Dame Law School

Monday Morning Update

Graduate Student Network to Host Winter Formal\

Mass Schedule

Announcement - Weekly Bible Study

Follow The Crossings Cafe

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

Long Reads of the Week


Mmu: 11/12/18–11/18/18, Notre Dame Law School Nov 2018

Mmu: 11/12/18–11/18/18, Notre Dame Law School

Monday Morning Update

Sign Justin McDevitt's Thank You Gift!

Economic Justice Clinic Success Story

Mock Trial Coaches Wanted

Graduate Student Network to Host Winter Formal

This Week @ NDLS


The Algorithm Game, Jane Bambauer, Tal Zarsky Nov 2018

The Algorithm Game, Jane Bambauer, Tal Zarsky

Notre Dame Law Review

Most of the discourse on algorithmic decisionmaking, whether it comes in the form of praise or warning, assumes that algorithms apply to a static world. But automated decisionmaking is a dynamic process. Algorithms attempt to estimate some difficult-to-measure quality about a subject using proxies, and the subjects in turn change their behavior in order to game the system and get a better treatment for themselves (or, in some cases, to protest the system.) These behavioral changes can then prompt the algorithm to make corrections. The moves and countermoves create a dance that has great import to the fairness and efficiency ...


Life In The Sweatbox, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne Nov 2018

Life In The Sweatbox, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne

Notre Dame Law Review

The time before a person files bankruptcy is sometimes called the financial “sweatbox.” Using original data from the Consumer Bankruptcy Project, we find that people are living longer in the sweatbox before filing bankruptcy than they have in the past. We also describe the depletion of wealth and well-being that defines people’s time in the sweatbox. For those people who struggle for more than two years before filing bankruptcy—the “long strugglers”—their time in the sweatbox is particularly damaging. During their years in the sweatbox, long strugglers deal with persistent collection calls, go without healthcare, food, and utilities ...


A Rule-Based Method For Comparing Corporate Laws, Lynn M. Lopucki Nov 2018

A Rule-Based Method For Comparing Corporate Laws, Lynn M. Lopucki

Notre Dame Law Review

Part I explains the processes for specifying a Scenario. It introduces the Scenario that will serve as the illustration in the remainder of this Article—a comparison of the liability of directors for the exercise of poor judgment in a Delaware corporation with the corresponding liability in a United Kingdom public limited company. Part II explains and illustrates the necessity of selecting specific entity types for comparison. Part III describes and illustrates the method for resolving the Scenario in both jurisdictions. Part IV explains and illustrates the novel process for close comparison—the extraction, juxtaposition, and comparison of decisional rules ...


The Sharing Economy As An Equalizing Economy, John O. Mcginnis Nov 2018

The Sharing Economy As An Equalizing Economy, John O. Mcginnis

Notre Dame Law Review

Economic equality is often said to be the key problem of our time. But information technology dematerializes the world in ways that are helpful to the ninety-nine percent, because information can be shared. This Article looks at how one fruit of the information revolution—the sharing economy—has important equalizing features on both its supply and demand sides. First, on the supply side, the intermediaries in the sharing economy, like Airbnb and Uber, allow owners of housing and cars to monetize their most important capital assets. The gig aspect of this economy creates spot markets in jobs that have flexible ...


If The Text Is Clear—Lexical Ordering In Statutory Interpretation, Adam M. Samaha Nov 2018

If The Text Is Clear—Lexical Ordering In Statutory Interpretation, Adam M. Samaha

Notre Dame Law Review

Most courts now endorse lexical ordering for statutory cases. That is, a limited set of top-tier sources, if adequately clear, are supposed to establish statutory meaning. Lower-tier sources are held in reserve for close calls. Examples include legislative history and deference to agency positions, which often are demoted into tiebreaking roles. In fact, some such hierarchy of sources is approved by working majorities at the U.S. Supreme Court and more than forty state supreme courts. Although popular today, lexically ordered interpretation has risen and fallen before. Indeed, we should pause to reconsider whether these instructions are justified and whether ...


Due Process, Free Expression, And The Administrative State, Martin H. Redish, Kristin Mccall Nov 2018

Due Process, Free Expression, And The Administrative State, Martin H. Redish, Kristin Mccall

Notre Dame Law Review

The first Part of this Article will explore the theoretical foundations of procedural due process, focusing particularly on the essential due process requirement of a neutral adjudicator. We will follow that discussion with an analysis of the extent to which administrative adjudication of constitutional challenges to its regulatory authority or decisions satisfies the demands of procedural due process. After concluding that administrative regulators categorically fail to satisfy the requirements of due process, at least in the context of constitutional challenges to their regulatory authority, we will explain why the availability of post–administrative judicial review cannot cure the constitutional defect ...


Precedent In A Polarized Era, Zachary S. Price Nov 2018

Precedent In A Polarized Era, Zachary S. Price

Notre Dame Law Review

My Review begins below in Part I with a brief synopsis of Professor Kozel’s argument. Part II then discusses his theory’s particular value, and challenges, in our historical moment of acute polarization and political conflict over constitutional law. To make Part II’s claims more concrete, Part III then turns to Janus and Wayfair. It uses the two cases to illustrate pressures courts may face in the years ahead and assesses how well these decisions accord with Kozel’s theory. The Review ends with a conclusion reflecting more broadly on the importance of stare decisis and other institutional ...


Securities Law In The Sixties: The Supreme Court, The Second Circuit, And The Triumph Of Purpose Over Text, A.C. Pritchard, Robert B. Thompson Nov 2018

Securities Law In The Sixties: The Supreme Court, The Second Circuit, And The Triumph Of Purpose Over Text, A.C. Pritchard, Robert B. Thompson

Notre Dame Law Review

This Article analyzes the Supreme Court’s leading securities cases from 1962 to 1972—SEC v. Capital Gains Research Bureau, Inc.; J.I. Case Co. v. Borak; Mills v. Electric Auto-Lite Co.; Superintendent of Insurance v. Bankers Life & Casualty Co.; and Affiliated Ute of Utah v. United States—relying not just on the published opinions, but also the Justices’ internal letters, memos, and conference notes. The Sixties Court did not simply apply the text as enacted by Congress, but instead invoked the securities laws’ purposes as a guide to interpretation. The Court became a partner of Congress in shaping the securities laws ...


Executive Authority And The Take Care Clause, Colleen E. O'Connor Nov 2018

Executive Authority And The Take Care Clause, Colleen E. O'Connor

Notre Dame Law Review

Part I of this Note will discuss the Department of Homeland Security’s authority to regulate immigration and focuses on DACA and DAPA. Part II will address the U.S. Department of Justice’s Office of Legal Counsel Opinion on DAPA’s legality. Part III will turn to the lack of judicial constraints on or legislative responses to the executive branch’s enforcement discretion. Part IV will propose that the executive branch should take a more active role in ensuring that the President remains faithful to the Take Care Clause when exercising prosecutorial discretion. Expounding upon the Office of Legal ...


Individual Rights Under State Constitutions In 2018: What Rights Are Deeply Rooted In A Modern-Day Consensus Of The States?, Steven G. Calabresi, James Lindgren, Hannah M. Begley, Kathryn L. Dore, Sarah E. Agudo Nov 2018

Individual Rights Under State Constitutions In 2018: What Rights Are Deeply Rooted In A Modern-Day Consensus Of The States?, Steven G. Calabresi, James Lindgren, Hannah M. Begley, Kathryn L. Dore, Sarah E. Agudo

Notre Dame Law Review

This Article is actually the third and final article in a series that began with (A) Steven G. Calabresi & Sarah E. Agudo, Individual Rights Under State Constitutions When the Fourteenth Amendment Was Ratified in 1868: What Rights Are Deeply Rooted in American History and Tradition?; and (B) Steven G. Calabresi, Sarah E. Agudo, and Kathryn L. Dore, State Bills of Rights in 1787 and 1791: What Individual Rights Are Really Deeply Rooted in American History and Tradition?. This Article looks at what rights are protected by state constitutions today, in 2018, and compares our findings with the data we collected in our earlier two articles, which looked at rights under state constitutional law in 1868 when the Fourteenth Amendment was ratified, and at what rights were ...


Mmu: 10/29/18–11/04/18, Notre Dame Law School Oct 2018

Mmu: 10/29/18–11/04/18, Notre Dame Law School

Monday Morning Update

REMINDER - How to submit to the MMU

St. Vincent DePaul Society of St. Joseph County fundraiser at Kroger!

This Week @ NDLS


Mmu: 10/22/18–10/28/18, Notre Dame Law School Oct 2018

Mmu: 10/22/18–10/28/18, Notre Dame Law School

Monday Morning Update

"FOR CURRENT STUDENTS" Website, A Reminder

Mass Schedule

Mock Trial Coach Wanted

INVITATION TO ALL NDLS STUDENT GROUPS

This Week @ NDLS


Law Library Guide, Kresge Law Library Oct 2018

Law Library Guide, Kresge Law Library

Law Library Guide

The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.


Mmu: 10/08/18–10/14/18, Notre Dame Law School Oct 2018

Mmu: 10/08/18–10/14/18, Notre Dame Law School

Monday Morning Update

Law Student Mental Health Day

POWDERPUFF

FOLLOW THE CROSSINGS CAFE

INVITATION TO ALL NDLS STUDENT GROUPS

This Week @ NDLS


The Love In Loving: Overcoming Artificial Racial Barriers, Justice Leah Ward Sears (Ret.), Sasha N. Greenberg Oct 2018

The Love In Loving: Overcoming Artificial Racial Barriers, Justice Leah Ward Sears (Ret.), Sasha N. Greenberg

Notre Dame Law Review Online

The rewritten opinion of Loving v. Virginia in Feminist Judgments: Rewritten Opinions of the United States Supreme Court is in stark contrast to the original. Professor Teri McMurtry-Chubb’s judgment for the court “unmasks—and renders unavoidable— the link between America’s history of White supremacy and patriarchy and America’s legal structures for regulating marriage and families.” The feminist opinion relies almost entirely on legal, social, and cultural history, in particular the history of marriage and family relationships among and between Blacks and Whites during the colonial, antebellum, and postbellum eras in the American South.

For the authors of ...


Looking To The Litigant: Reaction Essay To Feminist Judgments: Rewritten Opinions Of The United States Supreme Court, Claire B. Wofford Oct 2018

Looking To The Litigant: Reaction Essay To Feminist Judgments: Rewritten Opinions Of The United States Supreme Court, Claire B. Wofford

Notre Dame Law Review Online

Feminist Judgments’s focus on jurists alone is not unusual. My own discipline has devoted a great deal of study to understanding why and how the justices of the U.S. Supreme Court make the decisions they do. Some of the scholarship has even examined whether women judges might operate differently than their male counterparts, though the findings have been mixed at best. The emphasis, moreover, is understandable and laudable, as it is jurists who have the final say on the content of law.

Emphasizing judicial behavior, however, unfortunately overlooks the fundamental passivity of the courts. As much as they ...


Extending The Critical Rereading Project, Gabrielle Appleby, Rosalind Dixon Oct 2018

Extending The Critical Rereading Project, Gabrielle Appleby, Rosalind Dixon

Notre Dame Law Review Online

In this reflection, we want to explain a project in Australia that extends the feminist judgments project and adapts it specifically for the purpose of teaching critical theory, critical legal thinking, and the assumptions inherent in the legal method.


Feminist Judgments And The Future Of Reproductive Justice, Sarah Weddington Oct 2018

Feminist Judgments And The Future Of Reproductive Justice, Sarah Weddington

Notre Dame Law Review Online

Roe v. Wade is one of the twenty-five Supreme Court cases that has been rewritten from a feminist perspective by an imaginative group of law professors and lawyers. This Essay is based on remarks made by Ms. Weddington at a panel discussion held at Temple University Beasley School of Law on November 13, 2017.


Feminist Judgments & #Metoo, Margaret E. Johnson Oct 2018

Feminist Judgments & #Metoo, Margaret E. Johnson

Notre Dame Law Review Online

The Feminist Judgments book series and the #MeToo movement share the feminist method of narrative. Feminist Judgments is a scholarly project of rewriting judicial opinions using feminist legal theory. #MeToo is a narrative movement by people, primarily women, telling their stories of sexual harassment or assault. Both Feminist Judgments and #MeToo bring to the surface stories that have been silenced, untold, or overlooked. These narrative collections can and do effectuate genderjustice change by empowering people, changing perspectives, opening up new learning, and affecting future legal and nonlegal outcomes.


Rewriting Judicial Opinions And The Feminist Scholarly Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford Oct 2018

Rewriting Judicial Opinions And The Feminist Scholarly Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford

Notre Dame Law Review Online

In 1995, the authors of a law review article examining “feminist judging” focused on the existing social science data concerning women judges and compared the voting records and opinions of the only female Justices on the U.S. Supreme Court: Ruth Bader Ginsburg and Sandra Day O’Connor. Based on this review, the authors concluded that appointing more women as judges would make little difference to judicial outcomes or processes. The authors accused those who advocated for more women on the bench of having a hidden feminist agenda and bluntly concluded that “[b]y any measure, feminist judges fit very ...