Law Commons^™

The Age Of Fraud, James Toomey

Elisabeth Haub School of Law Faculty Publications

We think of scams primarily as a problem for older adults. Indeed, in the past few years, states and the federal government have undertaken a range of legal actions designed to prevent seniors, as a distinct class, from scams-- from more harshly punishing perpetrators of scams directed towards older adults to authorizing financial institutions to closely monitor and rapidly freeze the accounts of their older clients. But this successful, popular, and bipartisan law reform movement has taken place without a thorough empirical understanding of whether, in fact, seniors fall victim to scams more frequently than other age groups.

This study …

Monuments Without Faces?, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

Monuments take many forms and can serve several purposes. Typically associated with honor and a need to commemorate significant events, monuments seem to represent the ideas of the communities which house them. However, it remains to be seen whether all monuments represent a “good” memory. In this essay, the author seeks to comment on the concept of collective memory, specifically in the context of the history and experiences of marginalized groups in the United States. The author argues that monuments are a tool of promoting a collective memory: monuments are not part of history but rather part of the creation …

Title Ix And "Menstruation Or Related Conditions", Bridget J. Crawford, Emily Gold Waldman, Marcy L. Karin, Naomi R. Cahn, Elizabeth B. Cooper, Margaret E. Johnson

Elisabeth Haub School of Law Faculty Publications

Title IX of the Education Amendments Act of 1972 (“Title IX”) prohibits sex discrimination in educational programs or activities receiving federal financial assistance. Neither the statute nor its implementing regulations explicitly define “sex” to include discrimination on the basis of menstruation or related conditions such as perimenopause and menopause. This textual absence has caused confusion over whether Title IX must be interpreted to protect students and other community members from all types of sex-based discrimination. It also calls into question the law's ability to break down systemic sex-based barriers related to menstruation in educational spaces. Absent an interpretation that there …

Yesterday's Protester May Be Tomorrow's Saint: Reimagining The Tax System Through The Work Of Dorothy Day, Bridget J. Crawford, W. Edward Afield

Elisabeth Haub School of Law Faculty Publications

This Article offers a critical exploration of Day's views on the relationship between the tax system and Catholic social theory. Part I of this Article provides a biographical sketch of Dorothy Day and an overview of the Catholic Worker movement. Part II explores Day's views on taxation, pacifism, and social justice. It attempts to reconcile her belief in wealth redistribution with her nonpayment of federal income taxes and her failure to seek tax-exempt status for the Catholic Worker. Part III examines Day's tax resistance in the context of Catholic social teaching, particularly as that thought was developing during Day's lifetime …

Volume 13 Masthead, Journal Of International And Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor, Michael Klein

Notre Dame Journal of International & Comparative Law

No abstract provided.

Constructing The "Lawless Other" In Scotland And The Southern United States, Caroline K. Abbott

Notre Dame Journal of International & Comparative Law

No abstract provided.

Radical Overhaul Of Hong Kong's Governance Regime: Likely Implications For Prosperity And Stability, Roda Mushkat

Notre Dame Journal of International & Comparative Law

Constitutional evolution is normally a steady process, with the prevailing equilibrium seldom punctuated. Sharp reversals periodically occur but they are uncommon, usually confined to low-income and lower middle-income countries. The introduction of a draconian national security law and its heavy-handed enforcement in the affluent Hong Kong capitalist enclave, serving as one of the world economy’s pivotal global metropolises, thus amounts to a historically unprecedented emasculation of a sound and well-thought-out governance architecture. The abrupt unraveling of a semi-democratic infrastructure, pulverizing of key components of a time-honored rule-of-law system, and erosion of international legal personality has been breathtaking and profoundly disconcerting. …

Volume 13, Issue 1 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Long Term-Failings Of Internally Displaced Person Status: A Case Study Of The Êzidi People, Sarah A. Johns

Notre Dame Journal of International & Comparative Law

Never has the term limbo been so appropriately used in modern history than as applied to the current situation of the Êzidi internally displaced persons (IDPs). As Dante’s first circle of hell, limbo separates its residents from God, leaving them in a state of eternal suffering and sadness. This in-between place is saved for just individuals who did not receive Christ as required in Catholic theology and are now doomed to reside forever in a place of separation from God’s presence. Limbo is a state of punishment that seemingly freezes one’s ability to progress or enjoy future happiness.

Rethinking Victim Participation In International Criminal Tribunals, Julia L. Jacovides

Notre Dame Journal of International & Comparative Law

No abstract provided.

Switzerland's "Summary Penalty Order" System: Should A Similar System Be Used For America's Minor Crimes?, Kirk Earl

Notre Dame Journal of International & Comparative Law

Jack Ford did not think he was committing a crime when his girlfriend let him spend the night with her at a house in Baltimore. However, what Ford did not know was that the owner of the house had not given permission for the couple to stay there. Ford was arrested and charged with burglary in the fourth degree, which is a misdemeanor in the state of Maryland. Ford’s attorney believed that Ford would have a strong case at trial because he did not know that he was not allowed in the house, so there was no intent to commit …

Stakeholderism Silo Busting, Aneil Kovvali

Articles by Maurer Faculty

The fields of antitrust, bankruptcy, corporate, and securities law are undergoing tumultuous debates. On one side in each field is the dominant view that each field should focus exclusively on a specific constituency—antitrust on consumers, bankruptcy on creditors, corporate law on shareholders, and securities regulation on financial investors. On the other side is a growing insurgency that seeks to broaden the focus to a larger set of stakeholders, including workers, the environment, and political communities. But these conversations have largely proceeded in parallel, with each debate unfolding within the framework and literature of a single field. Studying these debates together …

Letter From The Editor, Michael Klein

Notre Dame Journal of International & Comparative Law

No abstract provided.

Employer-Sponsored Reproduction, Valarie Blake, Elizabeth Mccuskey

Faculty Scholarship

This Article interrogates the current and future role of employer-sponsored health insurance in reproductive choice, revealing the magnitude of impact that employers’ insurance coverage choices have on Americans’ access to reproductive care, as well as the legal infrastructure that prioritizes employer choice over individual autonomy.

Over half the population depends on employers for health insurance. The laws regulating those plans grant employers discretion in what services to cover, with exceptionally wide latitude for employers’ choices about reproductive care services, like abortion, contraception, infertility, and pre-exposure prophylaxis (PrEP). In their role as health care funders, employers pursue their own economic interests, …

The Rome Statute And Its Significance In Combatting Impunity For Rape In Ethiopia, Kassahun Yibeltal Sahilu

Walden Dissertations and Doctoral Studies

The goal of ending impunity for atrocity crimes including rape is globally appreciated and accepted with little reservation; however, the actual relevance to the domestic situation in Ethiopia has not been previously explored. The purpose of this study was to examine the role of the Rome Statute, a treaty on atrocity crimes, in combating impunity for perpetrators of rape in Ethiopia in light of Feminist Theory and Domestic Politics of Theory of Treaty Compliance. The research explored the significance of the treaty considering the actual condition of the country by conducting semi-structured group and personal interviews with two lawyers working …

Lived Experiences Of Technology-Based Legal Resources, Michael Ray Stanley

Walden Dissertations and Doctoral Studies

AbstractLack of access to United States civil courts by individuals who cannot afford or are otherwise unable to retain legal counsel has attracted the interest of policy makers and members of the legal community in recent years. The literature revealed a wide range of efforts and public and private resources that have been employed to address the problem. The purpose of this phenomenological study was to explore the experiences, perceptions, and insights of individuals in a medium-size Michigan city who had utilized services that deliver legal resources by technology-based platforms. Social construction of targeted populations and the technology acceptance model …

The Recidivism Rate In Correlation To The Effectiveness Of The Bridges To Life Reentry Program In Texas, Steven Steen

Walden Dissertations and Doctoral Studies

This research explored the relationship between reentry programs and recidivism in the state of Texas. One program in particular, Bridges To Life (BTL), has had an impact on recidivism in the state, and this research analyzed how the overall organization of BTL correlated to recidivism. Recidivism is the repeated or habitual relapse into crime. The purpose of this quantitative research study was to determine whether there was a direct correlation between the reduction of recidivism and the effectiveness of reentry programs through BTL in the state of Texas. The research question for this study explored the correlation between BTL and …

Juvenile Delinquency: The Effectiveness Of The Juvenile Direct File Law, Kimberlee Nicole Taggart

Walden Dissertations and Doctoral Studies

The juvenile direct file law stands firm among Florida laws despite lacking research to show its effectiveness in the prevention of juvenile delinquency. In Florida, juvenile delinquency and the juvenile direct file law cause significant concern due to the uncertainty surrounding the law. The Florida juvenile justice system fosters a vital position in the lives of many children, young adults, and families. Florida’s direct file law has a negative impact on the health, mental health, education, and brain development of juveniles and their ability to separate from a criminal lifestyle. Identifying the direct file law’s effects on the future of …

Stress And Wellness Among Correctional Officers In The State Of Oregon, Dewayne Hendrix

Walden Dissertations and Doctoral Studies

It remained unknown if the effects of the employee wellness policy implemented in Oregon in 2018 were reducing stress and improving the health of correctional officers which if it does may benefit the local communities to help enhance social stability. The purpose of this study was to explore the effects of the employee wellness policy, as implemented in the state of Oregon in 2018, in reducing stress and improving the health of correctional officers. This study was guided by the perceived organizational support theory, which holds that employees develop existential views about how much their employer values their contributions and …

Disenfranchisement Laws Affecting Voting Rights Of Black Americans In Mississippi, April Masha Jones

Walden Dissertations and Doctoral Studies

From Black individuals being enslaved and freed to being incarcerated in modern-day society more frequently than White individuals, the desire to have a voice in the decision-making process has been challenging. Black voters in Mississippi may be underrepresented because of felony disenfranchisement laws. The purpose of this general qualitative study was to examine the lived experiences of Black Mississippians about felony disenfranchisement laws and voting rights. The first research question addressed perceptions of Black Americans in Mississippi regarding the felony disenfranchisement laws. The second research question addressed the experiences related to any political implications among the electorate in Mississippi. The …

International Military Peacekeepers And Sex Offenses Committed In The Central African Republic, Michael Tabung Njong

Walden Dissertations and Doctoral Studies

AbstractStudies have been conducted on the sexual offending of the local population by peacekeepers, but few have been conducted on the lived experience of professionals providing support and assistance to these victims. This qualitative phenomenological study was conducted to explore the lived experiences of experts providing support and assistance to victims of sex offenses committed in the Central African Republic by international military peacekeepers. The classical deterrence and retributive justice theories guided the study. Participants were recruited through snowball sampling and data collected through face-to- face interviews and analyzed using the Modified Van Kaam method. Two research questions were used …

Low-Income Workers’ Perception Regarding Wage Theft And Barriers To Addressing Prevention In Southeast Florida, Marcia Carvlho-Donaldson

Walden Dissertations and Doctoral Studies

Many low-income workers are vulnerable to becoming victims of wage theft. Studies have shown that even when these workers know their rights, they still face certain obstacles should they complain or report such theft. Extensive research has been conducted at the federal level to establish the impact and consequences of wage theft, but few researchers have examined wage theft at the state and local level in states such as Florida. The experiences and perceptions of low-income worker participants in Southeast Florida were investigated in this phenomenological study, and rational choice theory was the conceptual framework used to investigate this phenomenon. …

Slave Law, Race Law, Gabriel J. Chin

University of Colorado Law Review

No abstract provided.

Barriers To The Successful Implementation Of Laws In Saint Lucia, Confia Samantha Jn Paul-Samuel

Walden Dissertations and Doctoral Studies

AbstractSaint Lucia experiences barriers to successfully implementing some of its enacted laws. As a developing country, when legislative efforts are hampered, the law enactment process is negatively impacted. The purpose of this qualitative study was to understand the potential barriers to the successful implementation of laws in Saint Lucia by examining any effective emerging practices to develop new and innovative approaches and methods in addressing the various issues involved. The conceptual framework for this study comprised parliamentary engagement, public participation and policy making in the law enactment process in similar parliamentary jurisdictions. The research questions focused on understanding the potential …

Gang Diversion Programs In The Success Of Reducing Youth Gang Membership, Francis Songtiib Laari

Walden Dissertations and Doctoral Studies

The rate of youth involvement in gang membership and crime has become a problem in Fairfax County, Virginia. It has increased violent crimes, drug trade, and incarceration rates for youths and decreased child school graduation rates. Youth gang membership is a significant public issue with broad mental and psychological implications for the child, family, and community because of the potential to commit a crime. Early exposure to gangs and violent neighborhoods can profoundly and negatively impact the residents. Researchers have explored why many children join gangs, but none have examined gang diversion programs' success in reducing youth gang membership. In …

Exploring Jury Nullification: Its Political History, Current, And Potential Impact On Policy, David Harold Penny

Walden Dissertations and Doctoral Studies

Jury nullification (JN) is when a jury knows a defendant is legally guilty, but states they are not guilty, believing that their verdict better serves justice in that case. The problem is the violation of the Constitution’s equal protection clause for all citizens, caused by the intentional omission in most judges’ instructions to juries of JN. The purpose of the study was to fill the gap in the literature on jury behavior and address the problem of JN. The study framework is chaos theory as applied by Horowitz to jury behavior. It describes judges and lawmakers mistrust of juries associated …

Lived Experiences Of Technology-Based Legal Resources, Michael Ray Stanley

Walden Dissertations and Doctoral Studies

AbstractLack of access to United States civil courts by individuals who cannot afford or are otherwise unable to retain legal counsel has attracted the interest of policy makers and members of the legal community in recent years. The literature revealed a wide range of efforts and public and private resources that have been employed to address the problem. The purpose of this phenomenological study was to explore the experiences, perceptions, and insights of individuals in a medium-size Michigan city who had utilized services that deliver legal resources by technology-based platforms. Social construction of targeted populations and the technology acceptance model …

The Recidivism Rate In Correlation To The Effectiveness Of The Bridges To Life Reentry Program In Texas, Steven Steen

Walden Dissertations and Doctoral Studies

This research explored the relationship between reentry programs and recidivism in the state of Texas. One program in particular, Bridges To Life (BTL), has had an impact on recidivism in the state, and this research analyzed how the overall organization of BTL correlated to recidivism. Recidivism is the repeated or habitual relapse into crime. The purpose of this quantitative research study was to determine whether there was a direct correlation between the reduction of recidivism and the effectiveness of reentry programs through BTL in the state of Texas. The research question for this study explored the correlation between BTL and …

Space Debris Mitigation: A Unified Policy Framework, Forrest Randall Jones

Walden Dissertations and Doctoral Studies

Space debris is a growing problem that impacts the ability to maneuver and conduct space missions, creates hazards for people on Earth, and has the potential for severe environmental damage. Clean-up efforts are not viable in the modern era due to a lack of viable, affordable, and safe technology conducive to such lines of effort. This leaves mitigative and preventative policy measures as the most effective way to proffer a solution to the problem. Public policy has largely failed to address space debris mitigation effectively due to the fragmentation of policies standards and a lack of horizontal integration of policies …