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Notre Dame Law School

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

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

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, Student Bar Association Apr 2019

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

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, Student Bar Association Apr 2019

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

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, Student Bar Association Apr 2019

Mmu: 04/01/19–04/07/19, Notre Dame Law School, Student Bar Association

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, Student Bar Association Mar 2019

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

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, Student Bar Association Mar 2019

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

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, Student Bar Association Mar 2019

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

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


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

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

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, Student Bar Association Feb 2019

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

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, Student Bar Association Feb 2019

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

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, Student Bar Association Feb 2019

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

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


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

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

Monday Morning Update

MMU January 28 - February 3

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: Jaemie Paraon

#3LOL of the Week: Jake "Indy" Kovalsky

Long Reads of the Week


Mmu: 01/21/19–01/27/19, Notre Dame Law School, Student Bar Association Jan 2019

Mmu: 01/21/19–01/27/19, Notre Dame Law School, Student Bar Association

Monday Morning Update

Monday Morning Update

Father Mike Show: Rescheduled to April 2

Congratulations to SCELF MLB Arbitration Participants

Walk the Walk Week

Mass Schedule

Weekly Bible Study

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: 01/14/19–01/20/19, Notre Dame Law School, Student Bar Association Jan 2019

Mmu: 01/14/19–01/20/19, Notre Dame Law School, Student Bar Association

Monday Morning Update

MMU January14 - 20

Stanford Professor Marcus Cole Appointed Dean of Notre Dame Law School

Welcome Our New Registrar Jenny Fox!

RSVP: A Conversation with Nina Totenberg

Mass Schedule

Announcement - Weekly Bible Study

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: Parth Parikh

3L of the Week & Announcing "Kesh's Korner": Harkesh Patel

Long Reads of the Week


A. Harold Weber Writing Award, Notre Dame Law School Jan 2019

A. Harold Weber Writing Award, Notre Dame Law School

Student, Faculty, and Staff Awards

For Excellence in Legal Writing
What will it profit you to know all the law and the prophets if you lack the power to make these clear to others? – Lloyd T. Stryker


Combating Silence In The Profession, Veronica Root Martinez Jan 2019

Combating Silence In The Profession, Veronica Root Martinez

Journal Articles

Members of the legal profession have recently taken a public stance against a wave of oppressive policies and practices. From helping immigrants stranded in airports to protesting in the face of white nationalists, lawyers are advocating for equality within and throughout American society each and every day. Yet as these lawyers go out into the world on behalf of others, they do so while their very profession continues to struggle with its own discriminatory past. For decades, the legal profession purposefully excluded women, religious minorities, and people of color from its ranks, while instilling a select group of individuals with ...


The Parable Of The Forms, Samuel L. Bray Jan 2019

The Parable Of The Forms, Samuel L. Bray

Journal Articles

This is a parable about the forms of action, code pleading, and the "civil action" of the Federal Rules.


When Soft Law Meets Hard Politics: Taming The Wild West Of Nonprofit Political Involvement, Lloyd Histoshi Mayer Jan 2019

When Soft Law Meets Hard Politics: Taming The Wild West Of Nonprofit Political Involvement, Lloyd Histoshi Mayer

Journal Articles

Beginning in the 1990s and continuing to today, many of the legal and psychological barriers to nonprofits becoming involved in electoral politics have fallen. At the same time, political divisions have sharpened, causing candidates, political parties, and their supporters to scramble ever more aggressively for any possible edge in winner-take-all political contests. In the face of these developments, many nonprofits have violated the remaining legal rules applicable to their political activity with little fear of negative consequences, especially given vague rules and a paucity of enforcement resources. Such violations include underreporting of political activity in government filings, fly-by-night organizations that ...


Technical Standards Meet Administrative Law: A Teaching Guide On Incorporation By Reference, Emily S. Bremer Jan 2019

Technical Standards Meet Administrative Law: A Teaching Guide On Incorporation By Reference, Emily S. Bremer

Journal Articles

When an agency incorporates by reference, it promulgates a rule that identifies—but does not reprint—material already published elsewhere. The incorporated materials thus become binding law without actually being printed in the agency's regulations. Sometimes the incorporated materials are privately developed technical standards, which are often copyrighted and available only for a fee. This restriction on access undermines transparency and public participation in the rulemaking process. Finding a solution is challenging because the problem is multidimensional, implicating public policy in the areas of administrative law, federal standards law and policy, and copyright.

This teaching guide is part of ...


The Outsized Influence Of The Fcpa?, Veronica Root Martinez Jan 2019

The Outsized Influence Of The Fcpa?, Veronica Root Martinez

Journal Articles

The current power and influence of the Foreign Corrupt Practices Act (“FCPA”) is really quite remarkable when one considers the statute was largely ignored for its first twenty-five years of existence. This statute, meant to reign in corruption by United States companies doing business abroad; has generated billions of dollars in revenue for the United States government; prompted the development of law firm practice groups and law school courses; become the subject of numerous scholarly articles; and has, arguably, made anti-bribery efforts the highest of priorities for multinational corporations engaged in robust compliance efforts. Corporations, scholars, and the public would ...


Nudges That Should Fail?, Avishalom Tor Jan 2019

Nudges That Should Fail?, Avishalom Tor

Journal Articles

Professor Sunstein (2017) discusses possible causes for and policy implications of the failure of nudges, with a special attention to defaults. Though he focuses on nudges that fail when they should succeed, Sunstein recognizes that some failures reveal that a nudge should not have been attempted to begin with. Nudges that fail, however, does not consider fully the relationship between the outcomes of nudging and their likely welfare effects, most notably neglecting the troubling case of nudges that succeed when they should fail. Hence, after clarifying the boundaries of legitimate nudging and noting the fourfold relationship between the efficacy of ...


The Promises And Perils Of Using Big Data To Regulate Nonprofits, Lloyd Histoshi Mayer Jan 2019

The Promises And Perils Of Using Big Data To Regulate Nonprofits, Lloyd Histoshi Mayer

Journal Articles

For the optimist, government use of “Big Data” involves the careful collection of information from numerous sources. The government then engages in expert analysis of those data to reveal previously undiscovered patterns. Discovering patterns revolutionizes the regulation of criminal behavior, education, health care, and many other areas. For the pessimist, government use of Big Data involves the haphazard seizure of information to generate massive databases. Those databases render privacy an illusion and result in arbitrary and discriminatory computer-generated decisions. The reality is, of course, more complicated. On one hand, government use of Big Data may lead to greater efficiency, effectiveness ...


The Decline Of Revocation By Physical Act, Barry Cushman Jan 2019

The Decline Of Revocation By Physical Act, Barry Cushman

Journal Articles

The power to revoke one’s will by physical act was enshrined in Anglo-American law in 1677 by the Statute of Frauds. It remains the law in Great Britain, in such developed Commonwealth countries as Canada, Australia, and New Zealand, and in each of the United States of America. Yet the revocation of wills by physical act has become badly out of phase with the law governing nonprobate transfers, which as a general matter requires that an instrument of transfer be revoked only by a writing signed by the transferor. This article surveys the place of revocation by physical act ...


Property And Equity In Trademark Law, Mark Mckenna Jan 2019

Property And Equity In Trademark Law, Mark Mckenna

Journal Articles

This essay, delivered as the Nies Lecture at Marquette Law School, focuses on changes in the doctrinal structure of trademark law over the course of the last century — specifically with respect to the relationship between trademark law’s limits and the broader common law of unfair competition. Changes in that relationship, I will argue, meaningfully increased trademark law's emphasis on property — what the plaintiff owns — and deemphasized legal rules that focused on the defendant’s conduct.


Comparative Analysis Of Innovation Failures And Institutions In Context, Mark Mckenna Jan 2019

Comparative Analysis Of Innovation Failures And Institutions In Context, Mark Mckenna

Journal Articles

Many different legal and non-legal institutions govern and therefore shape knowledge production. It is tempting, given the various types of knowledge, knowledge producers, and systems with and within which knowledge and knowledge producers and users interact, to look for reductionist shortcuts — in general but especially in the context of comparative institutional analysis. The temptation should be resisted for it leads to either what Harold Demsetz called the Nirvana Fallacy or what Elinor Ostrom critiqued as myopic allegories.

We suggest that comparative institutional analysis must be accompanied by comparative failure analysis, by which we mean rigorous and contextual comparative analysis of ...


The Compliance Process, Veronica Root Martinez Jan 2019

The Compliance Process, Veronica Root Martinez

Journal Articles

Even as regulators and prosecutors proclaim the importance of effective compliance programs, failures persist. Organizations fail to ensure that they and their agents comply with legal and regulatory requirements, industry practices, and their own internal policies and norms. From the companies that provide our news, to the financial institutions that serve as our bankers, to the corporations that make our cars, compliance programs fail to prevent misconduct each and every day. The causes of these compliance failures are multifaceted and include general enforcement deficiencies, difficulties associated with overseeing compliance programs within complex organizations, and failures to establish a culture of ...


Federalization's Folly, Stephen F. Smith Jan 2019

Federalization's Folly, Stephen F. Smith

Journal Articles

Overcriminalization and overpunishment are the two key features of federal criminal law today, yet the constant drumbeat to “federalize” criminal law has accomplished precious little in terms of public safety. The failed drug war proves as much: federal prosecutors have filled the nation’s prisons with low-level drug dealers and drug users serving long sentences, but drugs remain widely available at greater purity and lower prices throughout the land — and drug overdoses are at record highs. Instead of focusing on areas of federal comparative advantage, such as terrorism, international drug trafficking, and organized crime, federal prosecutors waste scarce resources “playing ...


Multi-Partner Fertility In A Disadvantaged Population: Results And Policy Implications Of An Empirical Investigation Of Paternity Actions In St. Joseph County, Indiana, Margaret Brinig, Marsha Garrison Jan 2019

Multi-Partner Fertility In A Disadvantaged Population: Results And Policy Implications Of An Empirical Investigation Of Paternity Actions In St. Joseph County, Indiana, Margaret Brinig, Marsha Garrison

Journal Articles

In this paper, we report data on multi-partner fertility (MPF) in a population of children and parents for whom paternity actions were brought, in 2008 or 2010, in St. Joseph County, Indiana. The computerized, court-based record system we utilized enabled us to collect information on parental characteristics and child outcomes that other MPF researchers have been unable to access. Our research thus offers a unique, data-rich window into an important, and growing, aspect of contemporary family life. It also points the way to needed shifts in family policy and law.


Prior Art In Inter Partes Review, Stephen Yelderman Jan 2019

Prior Art In Inter Partes Review, Stephen Yelderman

Journal Articles

This Essay is an empirical study of the evidence the Patent Trial and Appeal Board relies upon when cancelling patents in inter partes review. To construct our dataset, we collected every final written decision invalidating a patent claim over a twelve-month period. We coded individual invalidation events on a reference-by-reference, claim-by-claim basis. Drawing on this dataset, we report a number of details about the prior art supporting patent cancellation, including the frequency with which U.S. patents, foreign patents, and printed publications were cited, the frequency with which the invalidating prior art would have been amenable to a pre-filing prior ...


Prior Art In The District Court, Stephen Yelderman Jan 2019

Prior Art In The District Court, Stephen Yelderman

Journal Articles

This article is an empirical study of the evidence district courts rely upon when invalidating patents. To construct our dataset, we collected every district court ruling, verdict form, and opinion (whether reported or unreported) invalidating a patent claim over a six-and-a-half-year period. We then coded individual invalidation events based on the prior art supporting the court’s analysis. In the end, we observed 3,320 invalidation events based on 817 distinct prior art references.

The nature of the prior art relied upon to invalidate patents informs the value of district court litigation as an error correction tool. The public interest ...