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Notre Dame Law School

2018

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Articles 91 - 120 of 121

Full-Text Articles in Law

Distinguished Teaching Award, Notre Dame Law School Jan 2018

Distinguished Teaching Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Notre Dame Law School Distinguished Teaching Award

Recognizing that member of the Law School faculty exhibiting excellence in leadership, friendship, legal knowledge, legal teaching and professional ability.


H. King Williams Memorial Award, Notre Dame Law School Jan 2018

H. King Williams Memorial Award, Notre Dame Law School

Student, Faculty, and Staff Awards

To a graduating student who has made a significant contribution to building community at the Law School


Captain William O. Mclean Award, Notre Dame Law School Jan 2018

Captain William O. Mclean Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Notre Dame Law School Community Citizenship Award


Conrad Kellenberg Award, Notre Dame Law School Jan 2018

Conrad Kellenberg Award, Notre Dame Law School

Student, Faculty, and Staff Awards

In honor of Professor Conrad Kellenberg’s fifty years of service to the Notre Dame Law School and the local community, this award is annually given to a graduating student who has dedicated a substantial amount of time to the betterment of the community through service. In keeping with the legacy Professor Kellenberg created, such service includes participation in the Notre Dame Legal Aid Clinic, volunteering at local community organizations, and to mentoring the youth of the South Bend area.


Kresge Library Student Service Award, Kresge Law Library Jan 2018

Kresge Library Student Service Award, Kresge Law Library

Student, Faculty, and Staff Awards

This award is granted by the staff of the Notre Dame Law Library to a graduating student worker whose efforts on behalf of the library exemplify the highest standards of dedication, loyalty and service. See the photo gallery here.


Daniel J. Adam Memorial Award, The, Notre Dame Law School Jan 2018

Daniel J. Adam Memorial Award, The, Notre Dame Law School

Student, Faculty, and Staff Awards

Created in 2004 by the Class of 2001 to honor the boxing talent and unrelenting spirit of charity and compassion of Daniel Adams. The award is presented annually to the outstanding law school boxer in each year's Bengal Bouts Tournament at Notre Dame.


A. Harold Weber Moot Court Competition Award, The, Notre Dame Law School Jan 2018

A. Harold Weber Moot Court Competition Award, The, Notre Dame Law School

Student, Faculty, and Staff Awards

For outstanding achievement in art of Oral Advocacy 1981–


Clinical Legal Education Association Outstanding Student Award, Notre Dame Law School Jan 2018

Clinical Legal Education Association Outstanding Student Award, Notre Dame Law School

Student, Faculty, and Staff Awards

No abstract provided.


Arthur A. May Award, The, Notre Dame Law School Jan 2018

Arthur A. May Award, The, Notre Dame Law School

Student, Faculty, and Staff Awards

Arthur May received his LL.B. from the Notre Dame Law School in 1947. For over 45 years, Mr. May served as a role model for young attorneys in the development of their trial advocacy skills.

This award is presented annually to a member of the Notre Dame Barristers Team who demonstrates a commitment to professional ethical standards and who exhibits excellence in trial advocacy.


Dean Joseph O’Meara Award, Notre Dame Law School Jan 2018

Dean Joseph O’Meara Award, Notre Dame Law School

Student, Faculty, and Staff Awards

“Excellence is our platform and we can be content with nothing less.”
Presented annually to a member of the graduating class for outstanding academic achievement.
Established by the Class of 1964


Colonel William J. Hoynes Award, The, Notre Dame Law School Jan 2018

Colonel William J. Hoynes Award, The, Notre Dame Law School

Student, Faculty, and Staff Awards

The Hoynes Prize, is a gift of Dean William James Hoynes, 1878, LL.D. 1888, first dean of the Notre Dame Law School.


To the member of the graduating law class who has the best record in scholarship, application, deportment, and achievement.


Jon Krupnick Award, Notre Dame Law School Jan 2018

Jon Krupnick Award, Notre Dame Law School

Student, Faculty, and Staff Awards

For Excellence in the Area of Trial Advocacy


International Academy Of Trial Lawyers, The, Notre Dame Law School Jan 2018

International Academy Of Trial Lawyers, The, Notre Dame Law School

Student, Faculty, and Staff Awards

Commends the following students for their distinguished achievement in the art and science of advocacy


Judge Joseph E. Mahoney Award, The, Notre Dame Law School Jan 2018

Judge Joseph E. Mahoney Award, The, Notre Dame Law School

Student, Faculty, and Staff Awards

For outstanding leadership


William T. Kirby Award, The, Notre Dame Law School Jan 2018

William T. Kirby Award, The, Notre Dame Law School

Student, Faculty, and Staff Awards

The William T. Kirby Award

For Excellence in Legal Writing


Whitton Prize For Excellence In Labor Law, Notre Dame Law School Jan 2018

Whitton Prize For Excellence In Labor Law, Notre Dame Law School

Student, Faculty, and Staff Awards

Established by Michael Whitton and awarded to the graduating third-year student who has demonstrated a commitment to the practice of labor and employment law through his or her course studies and work experiences


Smith-Doheny Legal Ethics Award, Notre Dame Law School Jan 2018

Smith-Doheny Legal Ethics Award, Notre Dame Law School

Student, Faculty, and Staff Awards

The Smith-Doheny Legal Ethics Writing Competition

The competition is open to all law students at U.S. and Canadian law schools. Entries should concern any issue within the general category of legal ethics. Entries must be original, unpublished work not exceeding 50 pages including notes. Coauthored essays may be submitted. Submissions will be judged by a panel of faculty of the Notre Dame Law School. A prize of $2.500 will be awarded for one winning entry.


The Death Penalty As Incapacitation, Marah S. Mcleod Jan 2018

The Death Penalty As Incapacitation, Marah S. Mcleod

Journal Articles

Courts and commentators give scant attention to the incapacitation rationale for capital punishment, focusing instead on retribution and deterrence. The idea that execution may be justified to prevent further violence by dangerous prisoners is often ignored in death penalty commentary. The view on the ground could not be more different. Hundreds of executions have been premised on the need to protect society from dangerous offenders. Two states require a finding of future dangerousness for any death sentence, and over a dozen others treat it as an aggravating factor that turns murder into a capital crime.

How can courts and commentators ...


The Vatican View On Sport At The Service Of Humanity, Ed Edmonds Jan 2018

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Journal Articles

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and ...


Precedent And Constitutional Structure, Randy J. Kozel Jan 2018

Precedent And Constitutional Structure, Randy J. Kozel

Journal Articles

The Constitution does not talk about precedent, at least not explicitly, but several of its features suggest a place for deference to prior decisions. It isolates the judicial function and insulates federal courts from official and electoral control, promoting a vision of impersonality and continuity. It charges courts with applying a charter that is vague and ambiguous in important respects. And it was enacted at a time when prominent thinkers were already discussing the use of precedent to channel judicial discretion. Taken in combination, these features make deference to precedent a sound inference from the Constitution’s structure, text, and ...


Reconstructing An Administrative Republic, Jeffrey A. Pojanowski Jan 2018

Reconstructing An Administrative Republic, Jeffrey A. Pojanowski

Journal Articles

The book Constitutional Coup, by Professor Jon D. Michaels, offers a learned, lucid, and important argument about the relationship between privatization, constitutional structure, and public values in administrative governance. In particular, Michaels argues that the press toward privatization in this domain poses a serious threat to the United States' separation of powers and the public interest. This review essay introduces readers to Michaels' argument and then raises two questions: First, it asks whether Michaels’ method of constitutional interpretation and doctrinal analysis accelerate the trend toward privatization and consolidation of power in agency heads, the very evils he seeks to avoid ...


Revisiting Seminole Rock, Jeffrey A. Pojanowski Jan 2018

Revisiting Seminole Rock, Jeffrey A. Pojanowski

Journal Articles

The rule that reviewing courts must defer to agencies’ interpretations of their own regulations has come under scrutiny in recent years. Critics contend that this doctrine, often associated with the 1997 Supreme Court decision Auer v. Robbins, violates the separation of powers, gives agencies perverse regulatory incentives, and undermines the judiciary’s duty to say what the law is.

This essay offers a different argument as to why Auer is literally and prosaically bad law. Auer deference appears to be grounded on a misunderstanding of its originating case, the 1945 decision Bowles v. Seminole Rock. A closer look at Seminole ...


Administrative Lawmaking In The Twenty-First Century, Jeffrey Pojanowski Jan 2018

Administrative Lawmaking In The Twenty-First Century, Jeffrey Pojanowski

Journal Articles

It is always hard to map a river while sailing midstream, but the current state of administrative law is particularly resistant to neat tracing. Until the past few years, administrative law and scholarship was marked by pragmatic compromise: judicial deference on questions of law (but not too much and not all the time) and freedom for agencies on questions of politics and policy (but not to an unseemly degree). There was disagreement around the edges-and some voices in the wilderness calling for radical change-but they operated within a shared framework of admittedly unstated, and perhaps conflicting, assumptions about the administrative ...


Irreconcilable Differences? Whole Woman’S Health, Gonzales, And Justice Kennedy’S Vision Of American Abortion Jurisprudence, O. Carter Snead, Laura Wolk Jan 2018

Irreconcilable Differences? Whole Woman’S Health, Gonzales, And Justice Kennedy’S Vision Of American Abortion Jurisprudence, O. Carter Snead, Laura Wolk

Journal Articles

A law is unconstitutional if it "has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus."' Twenty-five years have elapsed since a plurality of the Supreme Court articulated this undue burden standard in Planned Parenthood of Southeastern Pennsylvania v. Casey, yet its contours remain elusive. Notably, two current members of the Court-Justice Breyer and Justice Kennedy-seem to fundamentally differ in their understanding of what Casey requires and permits. In Gonzales v. Carhart, Justice Kennedy emphasized a wide range of permissible state interests implicated by abortion and indicated ...


Post-Accountability Accountability, Nicole Stelle Garnett Jan 2018

Post-Accountability Accountability, Nicole Stelle Garnett

Journal Articles

Over the past few decades, parental choice has exploded in the United States. Yet, despite early proponents’ hopes that parental choice would eliminate the need to regulate school quality—since parents’ choices would serve an accountability function—demands to use the law to hold chosen schools accountable for their academic performance are central features of education-reform debates today. This is an opportune time to consider the issue of academic accountability and parental choice. Parental choice has gained a firm foothold in the American educational landscape. As it continues to expand, debates about accountability for chosen schools will only intensify. The ...


Claiming Design, Mark Mckenna Jan 2018

Claiming Design, Mark Mckenna

Journal Articles

Design stands out among intellectual property subject matter in terms of the extent of overlapping protection available. Different forms of intellectual property usually protect different aspects of a product. In the design context, however, precisely the same features are often subject to design patent, trademark, and copyright protection-and parties commonly claim more than one of those forms. Yet, as we show, the claiming regimes of these three forms of design protection differ in significant ways: the timing of claims; claim format (particularly whether the claims are visual or verbal); the multiplicity of claims (whether and how one can make multiple ...


Prolegomenon On Pornography, Gerard V. Bradley Jan 2018

Prolegomenon On Pornography, Gerard V. Bradley

Journal Articles

Debates about pornography have always included arguments about its “effects.” Now we can gauge the effects of specifically computerized pornography. These novel effects include scientific research showing that digitalized pornography affects the brain and nervous system in harmful ways that no centerfold ever could. Accessing pornography online makes interactive and directive engagement with it possible, so that the consumer is no longer limited to staring at a two-dimensional representation of a stranger in the nude. The action now is more adventurous. The consumer’s involvement is more intimate and directive. What he does lies somewhere between looking at a centerfold ...


"Innocence" And The Guilty Mind, Stephen F. Smith Jan 2018

"Innocence" And The Guilty Mind, Stephen F. Smith

Journal Articles

For decades, the “guilty mind” requirement in federal criminal law has been understood as precluding punishment for “morally blameless” (or “innocent”) conduct, the goal being to define the mental element in terms that will protect offenders from conviction unless they had adequate notice of the wrongfulness of their conduct. The Supreme Court’s recent decision in Elonis v. United States signals a significant shift in mens readoctrine, recognizing for the first time the potential for disproportionately severe punishment as a justification for heightened mens rea requirements. This long-overdue doctrinal move makes perfect sense because punishment without culpability and excessive ...


Globalization Without A Safety Net: The Challenge Of Protecting Cross-Border Funding Of Ngos, Lloyd H. Mayer Jan 2018

Globalization Without A Safety Net: The Challenge Of Protecting Cross-Border Funding Of Ngos, Lloyd H. Mayer

Journal Articles

More than 50 countries around the world have sharply increased legal restrictions on both domestic non-governmental organizations (“NGOs”) that receive funding from outside their home country and the foreign NGOs that provide such funding and other support. These restrictions include requiring advance government approval before a domestic NGO can accept cross-border funding, requiring such funding to be routed through government agencies, and prohibiting such funding for NGOs engaged in certain activities. Publicly justified by national security, accountability, and other concerns, these measures often go well beyond what is reasonably supported by such legitimate interests. These restrictions therefore violate international law ...


Opting Out Of Discovery, Jay Tidmarsh Jan 2018

Opting Out Of Discovery, Jay Tidmarsh

Journal Articles

This Article proposes a system in which both parties are provided an opportunity to opt out of discovery. A party who opts out is immunized from dispositive motions, including a motion to dismiss for failure to state a claim or a motion for summary judgment. If neither party opts out of discovery, the parties waive jury-trial rights, thus giving judges the ability to use stronger case-management powers to focus the issues and narrow discovery. If one party opts out of discovery but an opponent does not, the cost of discovery shifts to the opponent. This Article justifies this proposal in ...