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Mmu: 10/19/20–10/25/20, Notre Dame Law School, Student Bar Association Oct 2020

Mmu: 10/19/20–10/25/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

  • Crossings is Monday thru Friday 7:30-4:00. Daily Specials.
  • CDO Announcements
  • Note from Kresge Library
  • Pure Barre @ NDLS
  • Koru Mindfulness for Law Students
  • International Pronouns Day
  • SBA Store
  • LexisNexis Office Hours
  • IP Lecture Series: Professor K.J. Greene
  • Daily Mass Schedule
  • Book Discussion: White Fragility
  • LexisNexis 2L/3L Quick Tips Series: State Law Research
  • ADR Careers in the US Panel
  • School Vouchers in the Age of COVID-19
  • Virtual Tailgate: Buffalo
  • 1,000 Days, 1,000 Homes
  • Successful Negotiations: Best Practices and Pitfalls to Avoid
  • Higher Education Law Panel
  • 1L Exam Information Session ...


Mmu: 10/12/20–10/18/20, Notre Dame Law School, Student Bar Association Oct 2020

Mmu: 10/12/20–10/18/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

  • Crossings is Monday thru Friday 7:30-4:00. Daily Specials.
  • CDO Announcements
  • Restoration Week
  • Koru Mindfulness for Law Students
  • SBA Store
  • LexisNexis Office Hours
  • RBG and the Environment: A Talk with Professor Huber
  • Debunking 1L Myths
  • IP Lecture Series: Professor Robert Brauneis
  • Mentorship Program Introduction
  • Dress for Success
  • Daily Mass Schedule
  • Working In-House at a Hospital System - NDLS Alum Katy Baum
  • Environmental Justice
  • LexisNexis 1L Quick Tips Series: Terms & Connectors Searching
  • The Excessive Use of Force at Home and Abroad
  • IP Lecture Series: Professor K.J. Greene
  • Virtual Tailgate: Louisville and Nashville
  • Free ...


Mmu: 10/05/20–10/11/20, Notre Dame Law School, Student Bar Association Oct 2020

Mmu: 10/05/20–10/11/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

  • Crossings is open Monday thru Friday 7:30-4:00 with daily specials
  • CDO Announcements
  • Graduate Student Appreciation Week
  • Koru Mindfulness for Law Students
  • NDLS Running Group: Race to the Court
  • Message from the Notre Dame Environmental Law Society
  • Last Chance to Purchase WLF T-Shirts
  • SBA Store
  • LexisNexis Office Hours
  • Coronavirus and the Curtailment of Religious Liberty: A Global Review
  • Leadership Counsel on Legal Diversity (LCLD) Opportunities: 1L Scholars & Mentoring Programs
  • Daily Mass Schedule
  • IP in Practice Series: Fashion and Counterfeits with Jacqueline Brosseau, Greenberg Taurig, LLP
  • The Battle for Barrett: The Supreme Court ...


Mmu: 09/28/20–10/04/20, Notre Dame Law School, Student Bar Association Sep 2020

Mmu: 09/28/20–10/04/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

  • Crossings is opening Thursday, October 1 for coffee and grab and go food.
  • CDO Announcements
  • Free Professional Headshots
  • Employment Opportunity: Research Assistant
  • Wanted: High School Mock Trial Coach
  • SBA Store
  • LexisNexis Office Hours
  • Public Interest Month: Litigating for Liberty
  • Advice to the Next President on Addressing Racial Justice: Notre Dame Students Speak Out
  • Daily Mass Schedule
  • LexisNexis: Wish I Knew When I Was A 1L: A Panel of 2Ls and 3Ls Imparting Valuable Advice
  • Schooling in the Pandemic: Perspectives from Across America
  • Free Speech and Social Media: A Conversation with Professors Volokh and ...


Mmu: 09/21/20–09/27/20, Notre Dame Law School, Student Bar Association Sep 2020

Mmu: 09/21/20–09/27/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

  • Crossings is closed until further notice. However, the GrubHub app is a great way to see what's available on campus and order ahead for pickup.
  • CDO Announcements
  • Free Professional Headshots
  • Employment Opportunity: Research Assistant
  • Writing Competitions
  • The Current Students Section of the NDLS Website
  • SBA Store
  • LexisNexis Office Hours
  • What is IP & Meet the IP Professors
  • Deloitte Info Session
  • Public Interest Month: Bringing Justice to the Criminal Courts
  • Revisiting Don't Ask, Don't Tell: A Conversation with Eric Alva
  • Daily Mass Schedule
  • Resume Workshops
  • Public Interest Month: Civil Rights Firms
  • Hot ...


Mmu: 09/14/20–09/20/20, Notre Dame Law School, Student Bar Association Sep 2020

Mmu: 09/14/20–09/20/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

  • Crossings is closed until further notice. However, the GrubHub app is a great way to see what's available on campus and order ahead for pickup.
  • CDO Announcements
  • ABA Mental Health Toolkit
  • SBA Store
  • Daily Mass Schedule
  • LexisNexis Office Hours
  • Resume Workshops all week
  • Public Interest Month: State Prosecution
  • IP Lecture Series: Professor Margo Bagley from Emory
  • ND Supreme Court Review: The Roberts Court in OT 2019
  • Public Interest Month: Representing the State
  • Global Spotlight Lecture Series, Finding Fault; Doctrine and Difficult Questions in Law
  • Public Interest Month: Guardian Ad Litem/Friend of ...


Mmu: 09/07/20–09/13/20, Notre Dame Law School, Student Bar Association Sep 2020

Mmu: 09/07/20–09/13/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

  • Crossings is closed until further notice. However, the GrubHub app is a great way to see what's available on campus and order ahead for pickup.
  • CDO
  • 1L Lexis Training
  • NDLS Running Club
  • Student Writing Contest
  • SBA Store
  • LexisNexis Office Hours
  • Daily Mass Schedule
  • Resume Workshops
  • WLF - Lunchtime Zoom with Kilby Macfadden
  • Notes of Encouragement for Hope Ministries
  • Diversity Clerkship Conversations
  • How to 1L
  • IP in Practice Series: Ben Sheffner, Motion Picture Association, Inc.
  • Notes of Encouragement for Hope Ministries
  • An International Introduction to Standard Essential Patents
  • Reframing Your Attitude: Check Yourself Before ...


Mmu: 08/31/20–09/06/20, Notre Dame Law School, Student Bar Association Aug 2020

Mmu: 08/31/20–09/06/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

  • Crossings: Is closed until Wednesday, Sept. 2, when it will open again for grab-n-go snacks and coffee served from the cash stand.
  • Daily Mass Schedule
  • CDO Announcements
  • Galilee
  • 1L Lexis Training
  • SBA Store
  • LexisNexis Office Hours
  • LexisNexis 1L Quick Tip Training: Case Briefs & Bluebook Citation Help
  • LGBTQ+ Allyship Training
  • Environmental Law Society
  • Education Law Forum (ELF) First Meeting
  • BLSA MINDful Training
Resources and Updates
  • Legal Writing Center
  • Health & Wellness Information
  • COVID Corner

A Message from the Editor

1L of the Week: Bethany Hohnstein

3LOL: Lauren LeVan


Behavioral Lessons For Antitrust Enforcement, Avishalom Tor Aug 2020

Behavioral Lessons For Antitrust Enforcement, Avishalom Tor

Faculty Lectures and Presentations

These are lecture slides to accompany a virtual lecture.

Avishalom Tor, professor and director of the Research Program on Law and Market Behavior at Notre Dame Law School, delivered this lecture to lawyers and economists of the Department of Justice’s antitrust division in Washington D.C. and throughout the country in the summer of 2020.

The lecture provides a systematic review of the lessons empirical behavioral findings offer to antitrust law, enforcement, and policy. Professor Tor introduces key findings of behavioral antitrust and explores their implications for doctrine and enforcement across the field, in areas ranging from horizontal restraints ...


Mmu: 08/24/20–08/30/20, Notre Dame Law School, Student Bar Association Aug 2020

Mmu: 08/24/20–08/30/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

  • Crossings: Closed this week.
  • CDO is offering "walk-in" hours via Zoom, Monday through Friday, 12:45-4:45 p.m.
  • Daily Mass Schedule
  • Galilee City Group Meet & Greets via Zoom
  • SBA Store
  • LexisNexis Office Hours
  • LexisNexis 2L/3L Training
  • International Human Rights Society First General Meeting
  • IP Legal Market Today: Notes and Observations
  • CDO Introductions to the 1L Class
  • Panel Discussion: "What is Alternative Dispute Resolution?"
  • Intellectual Property Law Society (IPLS) First Meeting & 1L Elections
  • The Future of Privacy, from Ireland to America
  • The American Constitution Society Fall Kickoff Meeting
  • ND Law in Chicago ...


Mmu: 08/17/20–08/23/20, Notre Dame Law School, Student Bar Association Aug 2020

Mmu: 08/17/20–08/23/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

  • Crossings: This week will only be grab-n-go from the refrigerator. Coffee from the cash stand only.
  • CDO has "walk-in hours" via Zoom, Monday through Friday, 12:45-4:45 p.m.
  • Daily Mass Schedule
  • Virtual Student Club Fair
  • SBA Meeting
  • Women's Legal Forum First Meeting
  • Federalist Society Open House (Wednesday and Friday)
  • Notre Dame Exoneration Project First Meeting
  • Building an Anti-Racist Vocabulary

Resources and Updates

  • Legal Writing Center
  • Health & Wellness Information
  • COVID Corner

A Message from the Editor

1L of the Week: Chantal Eidelstein

3LOL: Paris Mayfield


Mmu: 08/10/20–08/16/20, Notre Dame Law School, Student Bar Association Aug 2020

Mmu: 08/10/20–08/16/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

  • Attention 1Ls, please sign up for your Irishlink account!
  • Crossings: This week will only be grab-n-go from the refrigerator. Coffee from the cash stand only.
  • Welcome Back Packet Pick Up
  • Daily Mass Schedule
  • First General Professionals Professors Panel
  • Virtual Student Club Fair on Wednesday, Thursday, and Friday

Resources and Updates

  • Legal Writing Center
  • Health & Wellness Information
  • COVID Corner

A Message from the Editor

1L of the Week: Jennifer Sutterer

3LOL: Keith Ongeri, SBA President


Hoynes Code, The, Notre Dame Of Cotabato Aug 2020

Hoynes Code, The, Notre Dame Of Cotabato

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.


Common Sense Case For Common Ground Lawmaking: Three Cheers For Why Conservative Religious Organizations And Believers Should Support The Fairness For All Act, Tanner Bean, Robin Fretwell Wilson Jul 2020

Common Sense Case For Common Ground Lawmaking: Three Cheers For Why Conservative Religious Organizations And Believers Should Support The Fairness For All Act, Tanner Bean, Robin Fretwell Wilson

Journal of Legislation Online Supplement

No abstract provided.


The Unfairness Of The Misnamed “Fairness For All” Act, Ryan T. Anderson, Robert P. George Jul 2020

The Unfairness Of The Misnamed “Fairness For All” Act, Ryan T. Anderson, Robert P. George

Journal of Legislation Online Supplement

No abstract provided.


Mmu: 04/27/20–05/03/20, Notre Dame Law School, Student Bar Association Apr 2020

Mmu: 04/27/20–05/03/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

A Little Lagniappe (In Louisiana it means "a little something extra".)

  • We made it—our last week of classes. I can’t believe this year is finally coming to a close. And by year I really mean this semester because it feels like it’s lasted a lifetime!
  • It has been an honor and a privilege serving you all as SBA Secretary for the 2019- 2020 year, and I thank you for giving me the opportunity. But I am delighted to pass on the legacy to Madame Secretary 2020-2021, Krystal Moczygemba!

Questions, Comments, or Concerns?

  • Have questions ...


Mmu: 04/20/20–04/26/20, Notre Dame Law School, Student Bar Association Apr 2020

Mmu: 04/20/20–04/26/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

A Little Lagniappe (In Louisiana it means "a little something extra".)

  • Well, we are slowly but surely approaching the end of this semester (THANK GOD!).

Questions, Comments, or Concerns?

  • Have questions regarding the Law School's policies and protocols for the remainder of the semester? Got any suggestions on how to better the process?
  • FAQ Submission Form

General Announcements

  • University and Law School Information Pages
  • NDLS Peer Support Group
  • Health & Wellness Center
  • From the CDO
  • Christian Legal Society Morning Prayer
Stay Connected...Spiritually!
  • During this difficult and uncertain time, let us answer Father Jenkins' call and continue ...


Mmu: 04/13/20–04/19/20, Notre Dame Law School, Student Bar Association Apr 2020

Mmu: 04/13/20–04/19/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

A Little Lagniappe (In Louisiana it means "a little something extra".)

  • I hope you all had a blessed and restful Easter Weekend!

Questions, Comments, or Concerns?

  • Have questions regarding the Law School's policies and protocols for the remainder of the semester? Got any suggestions on how to better the process?
  • FAQ Submission Form

General Announcements

  • University and Law School Information Pages
  • NDLS Peer Support Groups
  • Health & Wellness Center
  • WLF Elections
  • 1L Moot Court Tournament
  • From the CDO

Stay Connected...Spiritually!

  • During this difficult and uncertain time, let us answer Father Jenkins' call and continue "to strengthen ...


Mmu: 04/06/20–04/12/20, Notre Dame Law School, Student Bar Association Apr 2020

Mmu: 04/06/20–04/12/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

A Little Lagniappe (In Louisiana it means "a little something extra".)

  • Another week down! At this point, it's been a month since we started on this whole quarantine-away-from-school venture (beginning with Spring Break). I feel like we're all slowly but surely getting the hang of this Zoom School of Law thing!

Questions, Comments, or Concerns?

  • Have questions regarding the Law School's policies and protocols for the remainder of the semester? Got any suggestions on how to better the process?
  • FAQ Submission Form

General Announcements

  • University and Law School Information Pages
  • IP Law Virtual Events ...


Mmu: 03/30/20–04/05/20, Notre Dame Law School, Student Bar Association Mar 2020

Mmu: 03/30/20–04/05/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

A Little Lagniappe (In Louisiana it means "a little something extra".)

  • Week one of Zoom class down--WE DID IT!

Questions, Comments, or Concerns?

  • Have questions regarding the Law School's policies and protocols for the remainder of the semester? Got any suggestions on how to better the process?
  • FAQ Submission Form

General Announcements

  • University and Law School Information Pages
  • ND Law in Chicago Info Meeting
  • Moot Court Q & A
  • IP Law Virtual Events
  • Health & Wellness Center

Stay Connected...Spiritually!

  • During this difficult and uncertain time, let us answer Father Jenkins' call and continue "to strengthen one another ...


Mmu: 03/23/20–03/29/20, Notre Dame Law School, Student Bar Association Mar 2020

Mmu: 03/23/20–03/29/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

A Little Lagniappe (In Louisiana it means "a little something extra".)

  • The MMU got a major face-lift in light of our new distanced learning.

Questions, Comments, or Concerns?

  • Have questions regarding the Law School's policies and protocols for the remainder of the semester? Got any suggestions on how to better the process? Use the form provided by Associate Dean O'Rear.

General Announcements

  • University and Law School Information Pages
  • SBA Store Hours
  • Health & Wellness Center

Stay Connected...Spiritually!

  • I have included in this section links to livestreams of different masses and prayer services for you to ...


Mmu: 03/02/20–03/08/20, Notre Dame Law School, Student Bar Association Mar 2020

Mmu: 03/02/20–03/08/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

  • Daily Commons Menu Specials
  • Daily Mass Schedule
  • Morning Prayer with CLS
  • SBA Store Hours
  • Info Session: Everything You Need to Know About Experiential Learning
  • Recruiting Tips from Jones Day
  • Faith, Police, & the Discipline Matrix: A Teach-In
  • White & Case: International Law Perspectives in BigLaw
  • Tabling to Support Prisoners
  • BLF and CDO Hosts Kirkland & Ellis Transactional Lawyers
  • Black Lives Matter: A Teach-In
  • 1L Moot Court Tournament Informational Session
  • Notre Dame's Private Prison Investments: A Teach-In

General Announcements

  • Writing Competition: The Warren E. Burger Prize
  • Congratulations NDLS Transactional Team!
  • Service Opportunity for South Bend Center for the Homeless
  • SBA ...


Mmu: 02/24/20–03/01/20, Notre Dame Law School, Student Bar Association Feb 2020

Mmu: 02/24/20–03/01/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

  • Daily Commons Menu Specials
  • Daily Mass Schedule
  • SBA Store Hours
  • Morning Prayer with CLS
  • Appropriation Art, Transformativeness & Fair Use Panel
  • Pop UP IP Clinic
  • Dreaming Domers: 21 Days to better sleep!!
  • Language Exchange Coffee Break!
  • Clerkship Application Process
  • Networking Cocktail Program and Reception
  • SCELF to host Dick Nussbaum
  • Digital preservation, Archiving & Copyright Panel
  • Reshaping Prosecution
  • The Immigration crisis on the El Paso-Juarez Mexico border-Ruben Garcia
  • Women's Networking Panel with WLF
  • LGBTQ Students of Faith
  • Fair Use Film Clips and Screenings
  • What is a Copy?

General Announcements

  • Service Opportunity for South Bend Center for the Homeless
  • ITA ...


Mmu: 02/17/20–02/23/20, Notre Dame Law School, Student Bar Association Feb 2020

Mmu: 02/17/20–02/23/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

  • Daily Commons Menu Specials
  • Daily Mass Schedule
  • Morning Prayer with CLS
  • Statutory Federalism and Criminal Law
  • Transactional Law Team Chipotle Fundraiser
  • 3L Prosecution/Public Defender Interview Skills Workshop
  • First Gen Professionals Introduction to Networking
  • Health Law to host Rob Gerberry
  • Business Law Forum: A chat with Laura Stolpman, Associate General Counsel, Verizon
  • IP Lecture Series: Melinda Henneberger
  • CASA Event with Legal Voices for Children
  • Professor Series: Negative Property Value
  • Visit to Green Bridge Growers
  • LAST DAY TO RSVP FOR THE ANNUAL NETWORKING COCKTAIL RECEPTION
  • New Norms or the New Normal? A Perspective from Former White House Counsel ...


Mmu: 02/10/20–02/16/20, Notre Dame Law School, Student Bar Association Feb 2020

Mmu: 02/10/20–02/16/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

  • GM Auto Workers' Strike
  • Daily Commons Menu Specials
  • Daily Mass Schedule
  • Morning Prayer with CLS
  • Renting Right
  • The Landings (University Family Housing)
  • Hot Cocoa Social
  • Father Mike Committee Meetings
  • SALDF: Volunteering at the Humane Society

General Announcements

  • Service Opportunity for South Bend Center for the Homeless
  • National Association of Women Lawyers Mid-Year Meeting in Chicago
  • ITA Jurors Needed
  • SBA Store Hours
  • Student Job Opportunity w/ND Listens
  • Legal Writing Center
  • Volunteer Opportunity at Green Bridge Growers
  • IDEA Center Student Connections
  • Health & Wellness Center
  • Notice to student visitors to Sinai Synagogue
  • Advertise Law School Events on the Law ...


Mmu: 02/03/20–02/09/20, Notre Dame Law School, Student Bar Association Feb 2020

Mmu: 02/03/20–02/09/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

  • Daily Commons Menu Specials
  • Daily Mass Schedule
  • Morning Prayer with CLS
  • 7th Circuit Court of Appeals Federal Clerkship Discussion Panel
  • Prosecution/Public Defender Interview Skills Workshop
  • Fed Society and Constitutional Studies Present Data-Driven Originalism: The Rise of Corpus Linguistics
  • Public Interest Interview Skills Workshop
  • State of the Law School Address
  • Responsible Prosecutors and the Role of a Judge
  • Journal of Legislation Symposium - "Hot Topics in Immigration Law"

General Announcements

  • Student Job Opportunity w/ND Listens!
  • SBA Store Hours
  • Legal Writing Center
  • Volunteer Opportunity at Green Bridge Growers
  • IDEA Center Student Connections
  • Health & Wellness Center
  • Notice to student ...


Mmu: 01/27/20–02/02/20, Notre Dame Law School, Student Bar Association Jan 2020

Mmu: 01/27/20–02/02/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

  • Daily Commons Menu Specials
  • Daily Mass Schedule
  • Morning Prayer with CLS
  • Interview Skills Workshop
  • Married & Engaged Law Student Organizational Meeting
  • Public Interest Law Forum General Meeting
  • Intellectual Property Law Society Introductory Meeting for the Semester
  • London Law Program Information Sessions
  • London Law Q&A Drop-in Session with Professor Addo
  • Your Non-law Firm Job Search
  • HLSA Spring Semester Meeting
  • From Russia With Love: On Foreign Interference in Elections
  • LGBTQ Students of Faith

General Announcements

  • Student Job Opportunity w/ND Listens!
  • SBA Store Hours
  • Legal Writing Center
  • Volunteer Opportunity at Green Bridge Growers
  • IDEA Center Student Connections
  • Health & Wellness ...


Mmu: 01/20/20–01/26/20, Notre Dame Law School, Student Bar Association Jan 2020

Mmu: 01/20/20–01/26/20, Notre Dame Law School, Student Bar Association

Monday Morning Update

This Week @ NDLS

  • Daily Commons Menu Specials
  • Daily Mass Schedule
  • Morning Prayer with CLS
  • SBA Store Hours
  • Changemakers Week
  • Campus Launch: With Voice True, the Klau Center Archive on Race
  • Research Assistant Information Session
  • WLF Lunch: Intersectionality in the Midwest Suffrage Movement
  • 2nd Amendment Rights for People of Color: A Conversation with Professor Smith
  • Thomas Jefferson, Race, Slavery, and the Problem of American Nationhood
  • How Women Have Shaped the Judiciary Panel Discussion
  • How to Pursue a Public Interest Career with Equal Justice Works

General Announcements

  • Student Job Opportunity w/ND Listens
  • SBA Store Hours
  • Health & Wellness Center
  • Legal Writing Center ...


The Judicial Reforms Of 1937, Barry Cushman Jan 2020

The Judicial Reforms Of 1937, Barry Cushman

Journal Articles

The literature on reform of the federal courts in 1937 understandably focuses on the history and consequences of President Franklin D. Roosevelt’s ill-fated proposal to increase the membership of the Supreme Court. A series of decisions declaring various components of the New Deal unconstitutional had persuaded Roosevelt and some of his advisors that the best way out of the impasse was to enlarge the number of justiceships and to appoint to the new positions jurists who would be “dependable” supporters of the Administration’s program. Yet Roosevelt and congressional Democrats also were deeply troubled by what they perceived as ...


Reckoning With Adjudication's Exceptionalism Norm, Emily S. Bremer Jan 2020

Reckoning With Adjudication's Exceptionalism Norm, Emily S. Bremer

Journal Articles

Unlike rulemaking and judicial review, administrative adjudication is governed by a norm of exceptionalism. Agencies rarely adjudicate according to the Administrative Procedure Act’s formal adjudication provisions, and the statute has little role in defining informal adjudication or specifying its minimum procedural requirements. Due process has almost nothing to say about the matter.

The result is that there are few uniform, cross-cutting procedural requirements in adjudication, and most hearings are conducted using procedures tailored for individual agencies or programs. This Article explores the benefits and costs of adjudication’s exceptionalism norm, an analysis that implicates the familiar tension between uniformity ...