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Articles 31 - 60 of 6095

Full-Text Articles in Law

Are Interlocutory Qualified Immunity Appeals Lawful?, Michael E. Solimine May 2019

Are Interlocutory Qualified Immunity Appeals Lawful?, Michael E. Solimine

Notre Dame Law Review Online

For half a century the Supreme Court has held that defendants in civil rights actions can avoid monetary liability if they demonstrate a qualified immunity for their actions. And for thirty years, the Court has held that district court denials of the qualified immunity defense are immediately appealable under the collateral order exception to the final order requirement. Controversial from the start, the qualified immunity defense has recently come under renewed stress, with calls from individual Justices and by leading voices in academia to either significantly modify or even abolish the defense. While primarily dealing with substantive aspects of the ...


Statutory Interpretation, Administrative Deference, And The Law Of Stare Decisis, Randy J. Kozel May 2019

Statutory Interpretation, Administrative Deference, And The Law Of Stare Decisis, Randy J. Kozel

Journal Articles

This Article examines three facets of the relationship between statutory interpretation and the law of stare decisis: judicial interpretation, administrative interpretation, and interpretive methodology. In analyzing these issues, I emphasize the role of stare decisis in pursuing balance between past and present. That role admits of no distinction between statutory and constitutional decisions, calling into question the practice of giving superstrong deference to judicial interpretations of statutes. The pursuit of balance also suggests that one Supreme Court cannot bind future Justices to a wide-ranging interpretive methodology. As for rules requiring deference to administrative interpretations of statutes and regulations, they are ...


Why Didn't The Common Law Follow The Flag?, Christian Burset May 2019

Why Didn't The Common Law Follow The Flag?, Christian Burset

Journal Articles

This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British ...


Mmu: 04/29/19–05/05/19, Notre Dame Law School Apr 2019

Mmu: 04/29/19–05/05/19, Notre Dame Law School

Monday Morning Update

Monday Morning Update

3Ls Commencement Reminders

Klau Center for Civil and Human Rights

Student Affiliates

Summer Job? Request a Research Consultation with a Law Librarian

Commons Lunch Schedule

Mass Schedule

Weekly Morning Prayer

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

#MargesMusings

1L of the Week

Long Reads of the Week


Mmu: 04/22/19–04/28/19, Notre Dame Law School Apr 2019

Mmu: 04/22/19–04/28/19, Notre Dame Law School

Monday Morning Update

Monday Morning Update

3Ls - Graduation Brunch

Klau Center for Civil and Human Rights- Student Affiliates

Summer Job? Request a Research Consultation with a Law Librarian

Commons Lunch Schedule

Mass Schedule

Weekly Morning Prayer

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

#MargesMusings

Song of the Week

Meme of the Week

1L of the Week


Mmu: 04/15/19–04/21/19, Notre Dame Law School Apr 2019

Mmu: 04/15/19–04/21/19, Notre Dame Law School

Monday Morning Update

University of Notre Dame Law School

Monday Morning Update

3ls- Cap & Gown Orders due Friday, April 19

Klau Center for Civil and Human Rights- Student Affiliates

Bluebook Review Sessions for 1L Write-On

Summer Job? Request a Research Consultation with a Law Librarian

Commons Lunch Schedule

Congratulations to BirdBowl on their Supreme Bowling Conquest

Mass Schedule

Weekly Morning Prayer

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

#Teary-Eyed-Content

1L of the Week


Mmu: 04/08/19–04/14/19, Notre Dame Law School Apr 2019

Mmu: 04/08/19–04/14/19, Notre Dame Law School

Monday Morning Update

University of Notre Dame Law School

Monday Morning Update

SBA/Honor Council Representative Elections

Commencement: Fill out your ticket form

Summer Job? Request a Research Consulation with a Law Librarian

CTA Jury Recruitment Call

Commons Lunch Schedule

Mass Schedule

Weekly Morning Prayer

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

#Content

1L of the Week


Mmu 04/01/19–04/07/19, Notre Dame Law School Apr 2019

Mmu 04/01/19–04/07/19, Notre Dame Law School

Monday Morning Update

University of Notre Dame: The Law School

Monday Morning Update

April 1-April 7

SBA/Honor Council Elections

Class of 2019: Commencement Reminders

Commencement: Upcoming Deadlines

Father Mike Show Tuesday, April 2

CTA Jury Recruitment Call

Commons Lunch Schedule

Mass Schedule

Weekly Morning Prayer

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

Thursday Limerick

#Content

Song of the Week

Meme of the Week

1L of the Week

Long Reads of the Week


Mmu: 03/25/19–03/31/19, Notre Dame Law School Mar 2019

Mmu: 03/25/19–03/31/19, Notre Dame Law School

Monday Morning Update

Monday Morning Update- March 25-March 31

SBA/Honor Council Elections- Mandatory Informational Meetings

Father Mike Tickets on Sale This Week!

Commons Lunch Schedule

Class of 2019: Commencement Reminders

London Law Info Sessions

Mass Schedule

Weekly Morning Prayer

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

Content

Song of the Week

Meme of the Week

1L of the Week


Mmu: 03/18/19–03/24/19, Notre Dame Law School Mar 2019

Mmu: 03/18/19–03/24/19, Notre Dame Law School

Monday Morning Update

Monday Morning Update

Class of 2019 Commencement Reminders

Reminder: Submitting Events to the MMU

Mass Schedule

Weekly Morning Prayer

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

Content

1L of the Week

Long Reads of the Week


Mmu: 03/04/19–03/10/19, Notre Dame Law School Mar 2019

Mmu: 03/04/19–03/10/19, Notre Dame Law School

Monday Morning Update

Monday Morning Update

Class of 2019: Fill out the Grad App

Submit Acts for the Father Mike Show

Buy Your Barrister's Ball Ticket This Week!

Mass Schedule

Weekly Morning Prayer

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

Content

Meme of the Week

1L of the Week

Long Reads of the Week


Protecting Users Of Social Media, Margaret Ryznar Mar 2019

Protecting Users Of Social Media, Margaret Ryznar

Notre Dame Law Review Online

Social media platforms started as a fun way to connect with friends and family. Since then, they have become a science fiction nightmare due to their capacity to gather and misuse the data on their users.

It is not irrational for social media providers to seek to capitalize on their data when they provide the platforms for free. Indeed, their business model is to sell data to third parties for marketing and other purposes. Yet, users should be able to expect that their data is not used to hurt them or is not sent to disreputable companies. Indeed, fewer people ...


Mmu: 02/25/19–03/03/19, Notre Dame Law School Feb 2019

Mmu: 02/25/19–03/03/19, Notre Dame Law School

Monday Morning Update

Monday Morning Update

3Ls: Commencement News

Submit Acts for the Father Mike Show

Register for Bookstore Basketball

Commons Lunch Menu

Mass Schedule

Weekly Morning Prayer

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

Content

1L of the Week

Long Reads of the Week


Mmu: 02/18/19–02/24/19, Notre Dame Law School Feb 2019

Mmu: 02/18/19–02/24/19, Notre Dame Law School

Monday Morning Update

Monday Morning Update

Submit Acts for the Father Mike Show

Law Students Needed for ITA Jury Trials

Attend the U.S. Court of Appeals for Veterans Claims Judicial Conference-Scholarships Available

Mass Schedule

Weekly Morning Prayer

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

Content

1L of the Week


Mmu: 02/11/19–02/17/19, Notre Dame Law School Feb 2019

Mmu: 02/11/19–02/17/19, Notre Dame Law School

Monday Morning Update

Monday Morning Update

Submit Acts for the Father Mike Show

Law Students needed for ITA Jury Trials

Attend the U.S. Court of Appeals for Veterans Claims Judicial Conference - Scholarships Available!

Commons Lunch Menu

Mass Schedule

Weekly Morning Prayer

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

1L of the Week

Long Reads of the Week


Mmu: 02/04/19–02/10/19, Notre Dame Law School Feb 2019

Mmu: 02/04/19–02/10/19, Notre Dame Law School

Monday Morning Update

Monday Morning Update

150 Years of ND Law

Law Students Needed for ITA Jury Trials

Attend the U.S. Court of Appeals for Veterans Claims Judicial Conference- Scholarships Available

3L Announcement

Mass Schedule

Weekly Morning Prayer

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

1L of the Week

Long Reads of the Week


Bounded Rationality And The Theory Of Property, Oren Bar-Gill, Nicola Persico Feb 2019

Bounded Rationality And The Theory Of Property, Oren Bar-Gill, Nicola Persico

Notre Dame Law Review

Strong, property rule protection—implemented via injunctions, criminal sanctions, and supercompensatory damages—is a defining aspect of property. What is the theoretical justification for property rule protection? The conventional answer has to do with the alleged shortcomings of the weaker liability rule alternative: it is widely held that liability rule protection—implemented via compensatory damages—would interfere with efficient exchange and jeopardize the market system. We show that these concerns are overstated and that exchange efficiency generally obtains in a liability rule regime—but only when the parties are perfectly rational. When the standard rationality assumption is replaced with a ...


The New Oral Argument: Justices As Advocates, Tonja Jacobi, Matthew Sag Feb 2019

The New Oral Argument: Justices As Advocates, Tonja Jacobi, Matthew Sag

Notre Dame Law Review

No abstract provided.


The State Of The Death Penalty, Ankur Desai, Brandon L. Garrett Feb 2019

The State Of The Death Penalty, Ankur Desai, Brandon L. Garrett

Notre Dame Law Review

The death penalty is in decline in America and most death penalty states do not regularly impose death sentences. In 2016 and 2017, states reached modern lows in imposed death sentences, with just thirty-one defendants sentenced to death in 2016 and thirty-nine in 2017, as compared with over three hundred per year in the 1990s. In 2016, only thirteen states imposed death sentences, and in 2017, fourteen did so, although thirty-one states retain the death penalty. What explains this remarkable and quite unexpected trend? In this Article, we present new analysis of state-level legislative changes that might have been expected ...


Conflict Minerals And Crimes Against Humanity In The Drc: How To Hold Individual Corporate Officers Criminally Liable, Emily Mankowski Feb 2019

Conflict Minerals And Crimes Against Humanity In The Drc: How To Hold Individual Corporate Officers Criminally Liable, Emily Mankowski

Notre Dame Law Review

International criminal law is concerned with holding perpetrators responsible for the gravest crimes committed by humanity. The larger and more heinous the crime, however, the more complicated the prosecution. Identifying the relevant actors, producing sufficient evidence to impose liability, and bringing criminals to justice is a challenging endeavor. This complex process becomes even more daunting when factoring in complicit actors. This Note discusses the different legal mechanisms to hold individual corporate officers criminally liable for complicity in committing crimes against humanity and other human rights atrocities in the Democratic Republic of the Congo (“DRC”) as a result of their participation ...


Ensuring Justice Without "Beating The Deal", Sean P. Flynn Feb 2019

Ensuring Justice Without "Beating The Deal", Sean P. Flynn

Notre Dame Law Review Online

In 1950 military justice changed drastically with the enactment of the Uniform Code of Military Justice (UCMJ). The UCMJ brought many protections to service members that were standard in civilian criminal practice, but there still existed differences between the two systems. Recent changes to the UCMJ eliminated more of those differences. The Joint Service Committee recommended further changes, which were accepted, to the way the military handles guilty pleas and plea agreements in the Rules for Courts-Martial (RCM), which govern the procedure and substance of courts-martial. The primary change discussed here is the removal of the military’s “beat the ...


The Fundamental Right To Education, Derek W. Black Feb 2019

The Fundamental Right To Education, Derek W. Black

Notre Dame Law Review

New litigation has revived one of the most important questions of constitutional law: Is education a fundamental right? The Court’s previous answers have been disappointing. While the Court has hinted that it might recognize some minimal right to education, it has thus far refused to do so.

To recognize a fundamental right to education, the Court would have to overcome two basic problems. First, the Court needs an originalist theory for why our Constitution protects education, particularly since the word education does not even appear in the Constitution. Second, the right to education implicates complex questions regarding its scope ...


The Discrimination Presumption, Joseph A. Seiner Feb 2019

The Discrimination Presumption, Joseph A. Seiner

Notre Dame Law Review

Employment discrimination is a fact in our society. Scientific studies continue to show that employer misconduct in the workplace is pervasive. This social science research is further supported by governmental data and litigation statistics. Even in the face of this evidence, however, it has never been more difficult to successfully bring a claim of employment discrimination. After the Supreme Court’s controversial decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, all civil litigants must sufficiently plead enough facts to give rise to a plausible claim. Empirical studies show that this plausibility test has been rigidly applied in ...


Clown Eggs, David Fagundes, Aaron Perzanowski Feb 2019

Clown Eggs, David Fagundes, Aaron Perzanowski

Notre Dame Law Review

Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the Clown Egg Register and its surrounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller ...


Antidiscrimination Laws And The Administrative State: A Skeptic's Look At Administrative Constitutionalism, David E. Bernstein Feb 2019

Antidiscrimination Laws And The Administrative State: A Skeptic's Look At Administrative Constitutionalism, David E. Bernstein

Notre Dame Law Review

This Article discusses why administrative agencies charged with enforcing antidiscrimination legislation while implicitly undertaking administrative constitutionalism tend to be inconsiderate of constitutional limitations on government authority in general, and especially of the limitations imposed by the First Amendment’s protection of freedom of expression.

To establish the existence and contours of the problem, Part I of this Article provides context by recounting several detailed examples of how federal, state, and local civil rights agencies have favored broad antidiscrimination enforcement over countervailing constitutional doctrines that impose limits on regulatory authority. These examples include the U.S. Department of Education’s Office ...


The Parochial Uses Of Universal Jurisdiction, Eugene Kontorovich Feb 2019

The Parochial Uses Of Universal Jurisdiction, Eugene Kontorovich

Notre Dame Law Review

This Article presents a new account of the function served by universal jurisdiction (UJ). This doctrine—one of the most diplomatically controversial in modern international law— allows states to prosecute certain grave international crimes, even committed abroad, and with no connection to the prosecuting state.

This Article shows that, far from being used as a tool of global policing, the UJ doctrine is, in practice, used to protect the parochial domestic interests of the prosecuting state. In showing this, this Article reconciles several paradoxes related to UJ—its broad and longstanding normative acceptance by states contrasted with its extremely rare ...


The Demise Of § 1983 Malicious Prosecution: Separating Tort Law From The Fourth Amendment, Erin E. Mcmannon Feb 2019

The Demise Of § 1983 Malicious Prosecution: Separating Tort Law From The Fourth Amendment, Erin E. Mcmannon

Notre Dame Law Review

The common-law tort of malicious prosecution originally developed to provide a remedy for plaintiffs who were unjustly prosecuted in a criminal proceeding. Today, malicious prosecution actions can be brought to redress wrongful civil actions as well. The “central thrust” of an action for malicious prosecution is a right not to be involved in an unjustified litigation.

This Note suggests that the confusion in this area of law derives from the use of the language of malicious prosecution tort law to describe what really amounts to a Fourth Amendment seizure claim under § 1983. There is no constitutional right to be free ...


Mmu: 01/28/19–02/03/19, Notre Dame Law School Jan 2019

Mmu: 01/28/19–02/03/19, Notre Dame Law School

Monday Morning Update

Barrister's Ball

150 Years of ND Law

Attend the U.S. Court of Appeals for Veteran's Claim Conference- Scholarships Available

Mass Schedule

Weekly Bible Study

Legal Writing Center

Invitation to all NDLS Student Groups

This Week @ NDLS

Health & Wellness Information

1L of the Week

3LOL of the Week

Long Reads of the Week


Letter From The Editor, Lara Thiele Jan 2019

Letter From The Editor, Lara Thiele

Notre Dame Journal of International & Comparative Law

No abstract provided.


The Right-To-Work For Rohingya In Thailand, Lara Thiele Jan 2019

The Right-To-Work For Rohingya In Thailand, Lara Thiele

Notre Dame Journal of International & Comparative Law

The world finds itself currently in the biggest refugee crisis in history. Many individuals have to leave their home country and escape to a new home, hoping to remain there and begin a productive and dignified life. The stateless Rohingya are a group that has been part of this migratory movement due to the group’s maltreatment in Myanmar. Many Rohingya have gone to Thailand, where they have remained for over twenty years, without the permission to work or remain in the country lawfully. In fact, the current Thai laws neglect to allow for the Rohingya to remain lawfully in ...