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Articles 1 - 6 of 6

Full-Text Articles in Law

Why “Tough On Crime” Is Neither Christian Nor Conservative, Matthew T. Martens Jan 2016

Why “Tough On Crime” Is Neither Christian Nor Conservative, Matthew T. Martens

Notre Dame Journal of Law, Ethics & Public Policy Online

No abstract provided.


Client Perjury, Implicit Bias, And The Problem Of Actual Knowledge, Caleb J. Fountain Jan 2016

Client Perjury, Implicit Bias, And The Problem Of Actual Knowledge, Caleb J. Fountain

Notre Dame Journal of Law, Ethics & Public Policy Online

The Model Rules of Professional Conduct require a lawyer, including defense counsel in a criminal proceeding who actually knows that her client has committed or intends to commit perjury, to take remedial measures, up to and including disclosure to the tribunal. This rule has justly caused considerable handwringing among academics, practitioners, and clients. The present Essay begins with the simple observation that a lawyer’s determination that her client is, or intends to be, perjurious is a legally consequential finding of fact. It proceeds to argue that, like all other findings of fact bearing on the legal rights and duties ...


The Disconnected Juror: Smart Devices And Juries In The Digital Age Of Litigation, Patrick C. Brayer Jan 2016

The Disconnected Juror: Smart Devices And Juries In The Digital Age Of Litigation, Patrick C. Brayer

Notre Dame Journal of Law, Ethics & Public Policy Online

Is the modern-day trial attorney or trial judge aware of the effects of digital isolation on the contemporary juror caused by court rules regulating the use or possession of digital devices by sitting jurors? This article will discuss how removing a juror’s smart phone (or device), or forbidding its possession or excessively controlling its use at any stage of jury service can have an unintended impact on jurors, affecting their understanding of the evidence, their deliberations, and ultimately their verdict. In the first part of this article, I will draw from the work of social scientists from a variety ...


Citizens United, Liberty, And John Stuart Mill, Melina Constantine Bell Jan 2016

Citizens United, Liberty, And John Stuart Mill, Melina Constantine Bell

Notre Dame Journal of Law, Ethics & Public Policy Online

The First Amendment, adopted to safeguard human liberty and autonomy, was construed by the U.S. Supreme Court in its 2008 Citizens United decision in a way that undermines those important foundational values. This turn in First Amendment jurisprudence represents a radical departure from the Anglo-American free expression tradition in law, as well as in political philosophy, represented prominently by John Stuart Mill, the author of On Liberty. Although the decision is nominally premised on the interests of citizens to avoid discrimination based on speaker identity, to hear others’ uncensored expressions of ideas, to access political information that will enable ...


A "Thicket Of Procedural Brambles:" The "Order Of Battle" In Qualified Immunity And Habeas Corpus, Laura S. Aronsson Aug 2014

A "Thicket Of Procedural Brambles:" The "Order Of Battle" In Qualified Immunity And Habeas Corpus, Laura S. Aronsson

Notre Dame Journal of Law, Ethics & Public Policy Online

This Note is confined to qualified immunity and habeas corpus sequencing jurisprudence. Scholars have debated these “order of battle” issues, arguing for a mandatory constitutional merits analysis in every qualified immunity or habeas corpus claim, while others have written articles that support the current approaches with certain carved-out exceptions. A few scholars have discussed qualified immunity and habeas corpus together, along with other doctrines, to demonstrate alleged recent judicial activist tendencies. Others have discussed the doctrines together in the context of civil rights, arguing that the qualified immunity expansion and the introduction of the AEDPA standard has led to legal ...


Two Sides Of The Same Coin: Justice Powell And Justice Marshall's Perspectives On Education And The Law, Adreanne Stephenson Aug 2014

Two Sides Of The Same Coin: Justice Powell And Justice Marshall's Perspectives On Education And The Law, Adreanne Stephenson

Notre Dame Journal of Law, Ethics & Public Policy Online

This Note will examine how Justice Lewis F. Powell and Justice Thurgood Marshall’s individual experiences affected their jurisprudence concerning educational issues. Part I will provide a brief biography of each Justice, relaying the experiences that shed light on their education perspective.

Part II will contrast the Justices’ views on mandated busing as a remedy for integration. Justice Powell believed court mandated busing was unconstitutional, significantly disrupted education, and imposed on local officials’ responsibility to integrate. Conversely, Justice Marshall felt that forced busing was a constitutional means to integrate a divided society maintained by local segregation. Part III will contrast ...