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Articles 1 - 30 of 241
Full-Text Articles in Law
Mmu: 12/03/18–12/09/18, Student Bar Association
Mmu: 12/03/18–12/09/18, Student Bar Association
Monday Morning Update
Father Mike Scheduled: Tuesday, March 26
Take Home Exam Schedule
Political Science Dept Seeks TAs
Mass Schedule
Announcement - Weekly Bible Study
Legal Voices for Children & Youth Christmas Drive
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: Connor Barrett
Long Reads of the Week
Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar
Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar
Journal of Legislation
No abstract provided.
Defining 'Diversity' In Corporate Governance: A Global Survey, Askhaya Kamalnath
Defining 'Diversity' In Corporate Governance: A Global Survey, Askhaya Kamalnath
Journal of Legislation
This Article explores the connotation of the term “diversity” in the corporate governance sphere and the utility of such a connotation. To explore what the term has come to mean, this Article conducts a comparative analysis of how the term is used in the corporate governance context in the U.S., U.K., Australia, Canada, India, and Malaysia. Based on this analysis, this Article argues that the push for “diversity” (in the way it has come to be understood) on company boards needs to be re-examined and recommends that the SEC needs to define the term in accordance with its policy goals.
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Journal of Legislation
No abstract provided.
“I’Ll Know It When I See It”: Defending The Consumer Financial Protection Bureau’S Approach Of Interpreting The Scope Of Unfair, Deceptive, Or Abusive Acts Or Practices (“Udapp”) Through Enforcement Actions, Stephen J. Canzona
Journal of Legislation
No abstract provided.
The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie
The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie
Journal of Legislation
No abstract provided.
There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle
There’S A Pill For That! State Law Approaches To Workplace Drug Testing Policy In The Age Of Prescription Opioids, Katie Meikle
Journal of Legislation
No abstract provided.
Mmu: 11/26/18–12/02/18, Student Bar Association
Mmu: 11/26/18–12/02/18, Student Bar Association
Monday Morning Update
Political Science Dept Seeks TAs
Graduate Student Network to Host Winter Formal
Mass Schedule
Announcement - Weekly Bible Study
Legal Voices for Children & Youth Christmas Drive
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: Peter McKeon
#3LOL of the Week
Long Reads of the Week
Hoynes Code, The, Notre Dame Law School
Hoynes Code, The, Notre Dame Law School
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.
Mmu: 11/19/18–11/25/18, Student Bar Association
Mmu: 11/19/18–11/25/18, Student Bar Association
Monday Morning Update
Graduate Student Network to Host Winter Formal\
Mass Schedule
Announcement - Weekly Bible Study
Follow The Crossings Cafe
Legal Writing Center
Invitation to all NDLS Student Groups
Health & Wellness Information
This Week @ NDLS
Mmu: 11/12/18–11/18/18, Student Bar Association
Mmu: 11/12/18–11/18/18, Student Bar Association
Monday Morning Update
Sign Justin McDevitt's Thank You Gift!
Economic Justice Clinic Success Story
Mock Trial Coaches Wanted
Graduate Student Network to Host Winter Formal
Mass Schedule
Announcement - Weekly Bible Study
FOLLOW THE CROSSINGS CAFE
LEGAL WRITING CENTER
INVITATION TO ALL NDLS STUDENT GROUPS
Health & Wellness Information
This Week @ NDLS
1L OF THE WEEK: Steven "Pennoyer" Elliott
Precedent In A Polarized Era, Zachary S. Price
Precedent In A Polarized Era, Zachary S. Price
Notre Dame Law Review
My Review begins below in Part I with a brief synopsis of Professor Kozel’s argument. Part II then discusses his theory’s particular value, and challenges, in our historical moment of acute polarization and political conflict over constitutional law. To make Part II’s claims more concrete, Part III then turns to Janus and Wayfair. It uses the two cases to illustrate pressures courts may face in the years ahead and assesses how well these decisions accord with Kozel’s theory. The Review ends with a conclusion reflecting more broadly on the importance of stare decisis and other institutional restraints in the current …
If The Text Is Clear—Lexical Ordering In Statutory Interpretation, Adam M. Samaha
If The Text Is Clear—Lexical Ordering In Statutory Interpretation, Adam M. Samaha
Notre Dame Law Review
Most courts now endorse lexical ordering for statutory cases. That is, a limited set of top-tier sources, if adequately clear, are supposed to establish statutory meaning. Lower-tier sources are held in reserve for close calls. Examples include legislative history and deference to agency positions, which often are demoted into tiebreaking roles. In fact, some such hierarchy of sources is approved by working majorities at the U.S. Supreme Court and more than forty state supreme courts. Although popular today, lexically ordered interpretation has risen and fallen before. Indeed, we should pause to reconsider whether these instructions are justified and whether judges …
A Rule-Based Method For Comparing Corporate Laws, Lynn M. Lopucki
A Rule-Based Method For Comparing Corporate Laws, Lynn M. Lopucki
Notre Dame Law Review
Part I explains the processes for specifying a Scenario. It introduces the Scenario that will serve as the illustration in the remainder of this Article—a comparison of the liability of directors for the exercise of poor judgment in a Delaware corporation with the corresponding liability in a United Kingdom public limited company. Part II explains and illustrates the necessity of selecting specific entity types for comparison. Part III describes and illustrates the method for resolving the Scenario in both jurisdictions. Part IV explains and illustrates the novel process for close comparison—the extraction, juxtaposition, and comparison of decisional rules from the …
Securities Law In The Sixties: The Supreme Court, The Second Circuit, And The Triumph Of Purpose Over Text, A.C. Pritchard, Robert B. Thompson
Securities Law In The Sixties: The Supreme Court, The Second Circuit, And The Triumph Of Purpose Over Text, A.C. Pritchard, Robert B. Thompson
Notre Dame Law Review
This Article analyzes the Supreme Court’s leading securities cases from 1962 to 1972—SEC v. Capital Gains Research Bureau, Inc.; J.I. Case Co. v. Borak; Mills v. Electric Auto-Lite Co.; Superintendent of Insurance v. Bankers Life & Casualty Co.; and Affiliated Ute of Utah v. United States—relying not just on the published opinions, but also the Justices’ internal letters, memos, and conference notes. The Sixties Court did not simply apply the text as enacted by Congress, but instead invoked the securities laws’ purposes as a guide to interpretation. The Court became a partner of Congress …
Executive Authority And The Take Care Clause, Colleen E. O'Connor
Executive Authority And The Take Care Clause, Colleen E. O'Connor
Notre Dame Law Review
Part I of this Note will discuss the Department of Homeland Security’s authority to regulate immigration and focuses on DACA and DAPA. Part II will address the U.S. Department of Justice’s Office of Legal Counsel Opinion on DAPA’s legality. Part III will turn to the lack of judicial constraints on or legislative responses to the executive branch’s enforcement discretion. Part IV will propose that the executive branch should take a more active role in ensuring that the President remains faithful to the Take Care Clause when exercising prosecutorial discretion. Expounding upon the Office of Legal Counsel’s multifactor framework is a …
Due Process, Free Expression, And The Administrative State, Martin H. Redish, Kristin Mccall
Due Process, Free Expression, And The Administrative State, Martin H. Redish, Kristin Mccall
Notre Dame Law Review
The first Part of this Article will explore the theoretical foundations of procedural due process, focusing particularly on the essential due process requirement of a neutral adjudicator. We will follow that discussion with an analysis of the extent to which administrative adjudication of constitutional challenges to its regulatory authority or decisions satisfies the demands of procedural due process. After concluding that administrative regulators categorically fail to satisfy the requirements of due process, at least in the context of constitutional challenges to their regulatory authority, we will explain why the availability of post–administrative judicial review cannot cure the constitutional defect in …
The Sharing Economy As An Equalizing Economy, John O. Mcginnis
The Sharing Economy As An Equalizing Economy, John O. Mcginnis
Notre Dame Law Review
Economic equality is often said to be the key problem of our time. But information technology dematerializes the world in ways that are helpful to the ninety-nine percent, because information can be shared. This Article looks at how one fruit of the information revolution—the sharing economy—has important equalizing features on both its supply and demand sides. First, on the supply side, the intermediaries in the sharing economy, like Airbnb and Uber, allow owners of housing and cars to monetize their most important capital assets. The gig aspect of this economy creates spot markets in jobs that have flexible hours and …
The Algorithm Game, Jane Bambauer, Tal Zarsky
The Algorithm Game, Jane Bambauer, Tal Zarsky
Notre Dame Law Review
Most of the discourse on algorithmic decisionmaking, whether it comes in the form of praise or warning, assumes that algorithms apply to a static world. But automated decisionmaking is a dynamic process. Algorithms attempt to estimate some difficult-to-measure quality about a subject using proxies, and the subjects in turn change their behavior in order to game the system and get a better treatment for themselves (or, in some cases, to protest the system.) These behavioral changes can then prompt the algorithm to make corrections. The moves and countermoves create a dance that has great import to the fairness and efficiency …
Individual Rights Under State Constitutions In 2018: What Rights Are Deeply Rooted In A Modern-Day Consensus Of The States?, Steven G. Calabresi, James Lindgren, Hannah M. Begley, Kathryn L. Dore, Sarah E. Agudo
Individual Rights Under State Constitutions In 2018: What Rights Are Deeply Rooted In A Modern-Day Consensus Of The States?, Steven G. Calabresi, James Lindgren, Hannah M. Begley, Kathryn L. Dore, Sarah E. Agudo
Notre Dame Law Review
This Article is actually the third and final article in a series that began with (A) Steven G. Calabresi & Sarah E. Agudo, Individual Rights Under State Constitutions When the Fourteenth Amendment Was Ratified in 1868: What Rights Are Deeply Rooted in American History and Tradition?; and (B) Steven G. Calabresi, Sarah E. Agudo, and Kathryn L. Dore, State Bills of Rights in 1787 and 1791: What Individual Rights Are Really Deeply Rooted in American History and Tradition?. This Article looks at what rights are protected by state constitutions today, in 2018, and compares our findings with the …
Life In The Sweatbox, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne
Life In The Sweatbox, Pamela Foohey, Robert M. Lawless, Katherine Porter, Deborah Thorne
Notre Dame Law Review
The time before a person files bankruptcy is sometimes called the financial “sweatbox.” Using original data from the Consumer Bankruptcy Project, we find that people are living longer in the sweatbox before filing bankruptcy than they have in the past. We also describe the depletion of wealth and well-being that defines people’s time in the sweatbox. For those people who struggle for more than two years before filing bankruptcy—the “long strugglers”—their time in the sweatbox is particularly damaging. During their years in the sweatbox, long strugglers deal with persistent collection calls, go without healthcare, food, and utilities, lose homes and …
Mmu: 10/29/18–11/04/18, Student Bar Association
Mmu: 10/29/18–11/04/18, Student Bar Association
Monday Morning Update
REMINDER - How to submit to the MMU
Mass Schedule
Announcement - Weekly Bible Study
FOLLOW THE CROSSINGS CAFE
St. Vincent DePaul Society of St. Joseph County fundraiser at Kroger!
LEGAL WRITING CENTER
INVITATION TO ALL NDLS STUDENT GROUPS
Health & Wellness Information
This Week @ NDLS
1L OF THE WEEK: Becca Pronesti
Mmu: 10/22/18–10/28/18, Student Bar Association
Mmu: 10/22/18–10/28/18, Student Bar Association
Monday Morning Update
"FOR CURRENT STUDENTS" Website, A Reminder
Mass Schedule
Announcement - Weekly Bible Study
FOLLOW THE CROSSINGS CAFE
Mock Trial Coach Wanted
LEGAL WRITING CENTER
INVITATION TO ALL NDLS STUDENT GROUPS
Health & Wellness Information
This Week @ NDLS
1L OF THE WEEK: Lexi Riccolo
Law Library Guide, Kresge Law Library
Law Library Guide, Kresge Law Library
Law Library Guide
The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.
‘Crazy’ Suggestion Leads To God’S Purpose For His Life, John Shaughnessy
‘Crazy’ Suggestion Leads To God’S Purpose For His Life, John Shaughnessy
1975–1999: David T. Link
As he prepares to go to prison again, Father David Link shares the story of the “crazy” suggestion that led him to discover God’s purpose for his life.
Red Mass Invitation 2018, Notre Dame Law School
Red Mass Invitation 2018, Notre Dame Law School
The Red Mass
Most Rev. Kevin Rhoades, Bishop of Fort Wayne-South Bend, Notre Dame Law School, the Department of Political Science, the Constitutional Studies Program, and the St. Thomas More Society of South Bend, cordially invite you to the 2018 Red Mass. October 8, 2018, 5:15 p.m. at the Basilica of the Sacred Heart Notre Dame.
Reception immediately following the Red Mass: Eck Commons-Notre Dame Law School
Mmu: 10/08/18–10/14/18, Student Bar Association
Mmu: 10/08/18–10/14/18, Student Bar Association
Monday Morning Update
Law Student Mental Health Day
POWDERPUFF
"FOR CURRENT STUDENTS" Website, A Reminder
Mass Schedule
Announcement - Weekly Bible Study
FOLLOW THE CROSSINGS CAFE
Claim your lost property
LEGAL WRITING CENTER
INVITATION TO ALL NDLS STUDENT GROUPS
Health & Wellness Information
This Week @ NDLS
1L OF THE WEEK: Andrew Cull
2018–2019 Bulletin Of Information, Notre Dame Law School
2018–2019 Bulletin Of Information, Notre Dame Law School
Bulletins of Information
CONTENTS
- Admissions Information
- Academic Calendar
- Tuition and Fees
- Academic Requirements
- Senior Administrative Leadership
- Hoynes Code, Revised November 16, 2016
Mmu: 10/01/18–10/07/18, Student Bar Association
Mmu: 10/01/18–10/07/18, Student Bar Association
Monday Morning Update
Grad Student Appreciation Week
Mass Schedule
SCELF Baseball Arbitration Tournament Tabling
FOLLOW THE CROSSINGS CAFE
Claim your lost property
LEGAL WRITING CENTER
INVITATION TO ALL NDLS STUDENT GROUPS
Health & Wellness Information
This Week @ NDLS
1L OF THE WEEK: Bailey Hans
Feminist Judgments And Women's Rights At Work, Gillian Thomas
Feminist Judgments And Women's Rights At Work, Gillian Thomas
Notre Dame Law Review Reflection
The history of the law’s treatment of working women is largely a history of the law’s treatment of women’s bodies. Overwhelmingly created by male judges, that jurisprudence considers women from a remove—their physicality, their reproductive capacity, their stature, their sexuality—eclipsing meaningful consideration of their lived experience, on or off the job. As vividly illustrated by so many of the alternative rulings contained in Feminist Judgments, that erasure resulted in Supreme Court decisions that—even when they came out the “right” way, that is, in favor of the female litigant—squandered opportunities for advancing sex equality.
The tantalizing notion of “what might …