Law Commons^™

November 2020 Newletter

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No abstract provided.

Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository, 2019/20, Richard Vaughan

Digital Repository Annual Reports

A brief annual report documenting the use and growth of the Indiana University Maurer School of Law, Jerome Hall Law Library, Digital Repository. Includes lists of the most downloaded documents and attached Excel spreadsheets of data

Law Library Blog (November 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Brief (Edition #2, October 2020), William & Mary Law School

The Brief

No abstract provided.

Managing Your Finances During Tough Times With Cindy Zuniga '15, Black, Asian & Latino Law Students Association (Ballsa), Cardozo Office Of Diversity & Inclusion, Recent Alumni Leadership Council (Ralc)

Event Invitations 2020

No abstract provided.

How Distinctive Should Catholic Law Schools Be?, Robert K. Vischer

Journal of Catholic Legal Studies

(Excerpt)

I was a teenager in the 1980s, and I was raised in evangelical Christian circles through which I was encouraged to listen to “Christian” rock music, not secular, which sometimes gave rise to some casuistic line drawing:

• Does U2 count as Christian? Yes, because of that line in Sunday Bloody Sunday about the victory Jesus won!

• How about Bob Dylan? Yes, but only during his three-album “born again” period!

• Amy Grant? Definitely, but even after she crossed over into the secular Top 40?

• Does the song need to mention Jesus? What if it mentions Jesus …

The Distinctive Questions Of Catholics In History, Amelia J. Uelmen

Journal of Catholic Legal Studies

(Excerpt)

Let me start by saying how much I enjoyed working through the manuscript that Professors Breen and Strang shared with us, and how much I look forward to the development of this project on the history of Catholic legal education. My comments focus on the architecture of Chapter Three and the conceptual driver for Chapter Five. The frame for my suggestions is the challenge that emerges clearly in the 1960s when, as James Burtchaell noted, students were “drop[ping] their faith like baby teeth.” As Professors Breen and Strang summarize: “University administrators were well aware that even Catholic students were …

Reflections On A More "Catholic" Catholic Legal Education, William Michael Treanor

Journal of Catholic Legal Studies

(Excerpt)

I am grateful to Professors Breen and Strang for their thoughtful book about Catholic legal education in the United States. It is an important topic, and their work promises to be a significant contribution to the conversation about the mission of Catholic law schools. My reflections here will focus on Chapter Five.

All of us participating in this symposium are engaged in the collective enterprise of thinking through and implementing what it means to be a Catholic law school. As a historian, personally I am well aware of the value of studying where we have been as part of …

Reflections On A Light Unseen, Vincent Rougeau

Journal of Catholic Legal Studies

(Excerpt)

I am very pleased to have an opportunity to offer some reflections on the manuscript for A Light Unseen by Professors John Breen and Lee Strang. It is an extraordinarily comprehensive look at the history of Catholic law schools in the United States. That aspect of the work alone makes it an important contribution to the scholarship on Catholic higher education in this country, and I am sure it will become an essential resource for scholars and educators across a wide range of fields. Nevertheless, A Light Unseen is much more than a history. It also raises a critical …

Teaching Jurisprudence In A Catholic Law School, Jeffrey A. Pojanowski

Journal of Catholic Legal Studies

(Excerpt)

Jurisprudence plays an important role in John Breen and Lee Strang’s history of Catholic legal education and in their prescription for its future. Legal philosophy in general, and the natural law tradition in particular, provide a central justification for the existence of distinctive Catholic law schools. They are right to argue so. As part of the broader Catholic intellectual tradition, which emphasizes the unity of knowledge and the eternal significance of mundane practice, natural law philosophy rejects mere vocationalism. It can provide the animating form and direction of a legal education that is more than one damn thing after …

Persons And The Point Of The Law, Richard W. Garnett

Journal of Catholic Legal Studies

(Excerpt)

I interviewed for a law-teaching position at Notre Dame Law School in the Fall of 1997. So far as I know, that visit to Our Lady’s university and to lovely, cosmopolitan South Bend, Indiana, was my first. I had never attended a Catholic school at any level and was not much of a Fighting Irish fan. The circumstances and conversations that resulted in my being on campus for that interview were both unpredicted and unpredictable, although I know now they were providential.

In any event, what struck me most forcefully over that weekend—besides the freezing rain that persisted throughout …

Saints, Sinners, And Scoundrels: Catholic Law Faculty And A Light Unseen: A History Of Catholic Legal Education In The United States, Teresa Stanton Collett

Journal of Catholic Legal Studies

(Excerpt)

As a faculty member at a Catholic law school for the past seventeen years, I have often been frustrated with the inability of many professors and administrators at Catholic law schools to describe what makes a law school “Catholic.” As Professors Breen and Strang report in A Light Unseen: A History of Catholic Legal Education in the United States, too often the description is limited to something like “a commitment to social justice,” or “inculcating a strong sense of professional ethics.” Yet as the authors observe, “Catholic law schools do not have a monopoly on or even a …

Reflections On Breen & Strang's A Light Unseen: A History Of Catholic Legal Education In The United States, Angela C. Carmella

Journal of Catholic Legal Studies

(Excerpt)

In A Light Unseen: A History of Catholic Legal Education in the United States, Professor John Breen and Professor Lee Strang have undertaken a monumental task and have produced an impressive book, particularly with respect to the fascinating history of the development of Catholic legal education. They provide a thoughtful consideration of how Catholic law schools can be more distinctively Catholic and make a strong case for the critical need for more explicit curricular and scholarly integration of the Catholic intellectual tradition. In this Essay, I make suggestions in three areas: (1) on the record regarding failed efforts …

A Light Unseen?, Kathleen M. Boozang

Journal of Catholic Legal Studies

(Excerpt)

A Light Unseen is an incredibly important work of scholarship that has given me an opportunity to be introspective, to give order to what perhaps has been too intuitive, and to be inspired to think about how to better define, pursue, and measure progress in achieving the mission of being a Catholic law school.

A Light Unseen: A History Of Catholic Legal Education In The United States, Anthony Nania, Matt Dean

Journal of Catholic Legal Studies

(Excerpt)

What does it mean to be a Catholic law school? Where did the idea of Catholic legal education begin, where does it currently stand, and where is it heading? Professors John M. Breen and Lee J. Strang have worked to answer these questions, among many others, in their forthcoming book A Light Unseen: A History of Catholic Legal Education in the United States. In their book, the professors argue persuasively that Catholicism is “a set of ideas” that has informed, sculpted, and birthed numerous social structures, institutions, and teachings. If this is so—if Catholicism is a wide-ranging, far-reaching …

Vol. 59, No. 10 (October 26, 2020)

Indiana Law Annotated

No abstract provided.

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.

Seattle University Law Review

This essay posits that Justice Sotomayor is the Court’s chief defender of the Fourth Amendment and the cherished values it protects. She has consistently defended Fourth Amendment freedoms—in majority, concurring, and especially in dissenting opinions. Part I recounts a few of her majority opinions in Fourth Amendment cases. Part II examines her concurring opinion in United States v. Jones. Part III examines several of her dissenting opinions in Fourth Amendment cases. A review of these opinions demonstrates what should be clear to any observer of the Supreme Court: Justice Sotomayor consistently defends Fourth Amendment principles and values.

Cardozo Hosts Symposium Focused On Presumptive Adr And Court Systems Of The Future, Kukin Program For Conflict Resolution

Event Invitations 2020

No abstract provided.

Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie

Seattle University Law Review

President Trump has been accused of using @realDonaldTrump to troll his critics. While the President’s tweets are often attributed to his personal views, they raise important Constitutional questions. This article posits that @realDonaldTrump tweets are government speech and, where they troll government critics, they violate the Free Speech Clause. I begin the article with an exploration of President Trump’s use of @realDonaldTrump from his time as a private citizen to President. The article then chronicles the development of the government speech doctrine and the Supreme Court’s factors that differentiate private speech from government speech. I argue that, based on the …

“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo, Taylor Haines

Seattle University Law Review

The Takings Clause of the Fifth Amendment has long been controversial. It allows the government to take private property for the purpose of “public use.” But what does public use mean? The definition is one of judicial interpretation. It has evolved from the original meaning intended by the drafters of the Constitution. Now, the meaning is extremely broad. This Note argues that both the original and contemporary meaning of public use are problematic. It explores the issues with both definitions and suggests a new test, solidified in legislation instead of judicial interpretation.

Jed D. Melnick Annual Symposium: Presumptive Adr And Court Systems Of The Future, Cardozo Journal Of Conflict Resolution

Flyers 2020-2021

No abstract provided.

“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide, Julia Knitter

Seattle University Law Review

To reduce sentencing disparities and clarify the application of the sentencing guide to the physical restraint enhancement for a robbery conviction, this Comment argues that the United States Sentencing Commission (USSC) must amend the USSC Guidelines Manual to provide federal courts with a clearer and more concise definition of physical restraint. Additionally, although there are many state-level sentencing systems throughout the United States, this Comment only focuses on the federal sentencing guidelines for robbery because of the disparate way in which these guidelines are applied from circuit to circuit.

Preservation Requests And The Fourth Amendment, Armin Tadayon

Seattle University Law Review

Every day, Facebook, Twitter, Google, Amazon, ridesharing companies, and numerous other service providers copy users’ account information upon receiving a preservation request from the government. These requests are authorized under a relatively obscure subsection of the Stored Communications Act (SCA). The SCA is the federal statute that governs the disclosure of communications stored by third party service providers. Section 2703(f) of this statute authorizes the use of “f” or “preservation” letters, which enable the government to request that a service provider “take all necessary steps to preserve records and other evidence in its possession” while investigators seek valid legal process. …

Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey

Seattle University Law Review

This Article asks whether the openness to court-packing expressed by a number of Democratic presidential candidates (e.g., Pete Buttigieg) is democratically defensible. More specifically, it asks whether it is possible to break the apparent link between demagogic populism and court-packing, and it examines three possible ways of doing this via Bruce Ackerman’s dualist theory of constitutional moments—a theory which offers the possibility of legitimating problematic pathways to constitutional change on democratic but non-populist grounds. In the end, the Article suggests that an Ackermanian perspective offers just one, extremely limited pathway to democratically legitimate court-packing in 2021: namely, where a Democratic …

Golden Gate University School Of Law Launches Jd Flex Program: A Weekend Hybrid Jd Program With In-Demand Career Tracks, Golden Gate University School Of Law

Press Releases

GGU Law is thrilled to expand its long-standing mission of inclusion and access to the legal profession with its new JD Flex program. Starting in fall 2021, JD Flex will offer an innovative alternative to GGU Law's continuing full-time residential program in San Francisco.

Blending online coursework and eight on-campus weekend sessions per semester, with summers completely online, this flexible program provides a path to an ABA-approved J.D. degree in less than four years. Students also have the option of customizing their J.D. degree with one of two focused career tracks.

Re-Envisioning Law Student Scholarship, Emily Zimmerman

Catholic University Law Review

This Article recommends that we think more intentionally about how law students’ engagement in scholarship can promote their professional development. In so doing, we should recognize that legal scholarship plays a different role for law students than it does for law professors. Rather than trying to replicate law professors’ relationship with scholarship, the pedagogy of law student scholarship should focus more intentionally on the value of scholarship for law students—most of whom will not become law professors.

This Article suggests that much of the value of scholarship for law students lies in process, rather than product. Rather than thinking …

Vol. 59, No. 09 (October 19, 2020)

Indiana Law Annotated

No abstract provided.

Meet William & Mary's New Deans, Claire De Lisle

2020–present: A. Benjamin Spencer

No abstract provided.

Law Students Faq From 6 Ft. Together Portal, University Of Georgia School Of Law

COVID-19 Pandemic Archive

This Google Document was originally shared and linked to from within the 6 Ft. Together faculty, staff and student portal in 2020. A document was created for students to access the most up to date information related to the pandemic and the law school. It was maintained by the Student Affairs team and contributed to by members of the School of Law problem solving team. The last edit in this FAQ took place on October 14, 2020. A copy of this document has been preserved as a PDF for archival purposes.