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Glossip V. State Of Oklahoma: Brief Of Federal Courts Scholars As Amici Curiae In Support Of Petitioner, Eve Brensike Primus

Appellate Briefs

Amici are law professors who teach and write about the federal courts, habeas corpus, and the relationship between federal and state law. A list of amici is attached as Appendix A. Amici sign this brief in their individual capacities and not on behalf of their institutions; institutional affiliations are provided solely for identification purposes.

Unity And Dissent: Exploring The United States Constitution Ratification Among The States, Luke Wyatt

Honors College Theses

The research presented here, analyzes the states in 1787 and the ratification Convention of five states: Delaware, New Jersey, Georgia, New York, and Virginia. There were three states that ratified the United States Constitution unanimously while others had great opposition by anti-federalist. The research analyze why those three states ratified the constitution unanimously while other states had great opposition for it and supported the articles of confederation.

Informationalism Beyond Managerialism, Salomé Viljoen

Law and Contemporary Problems

No abstract provided.

The Dependent Nature Of Enlightenment And Capitalism: Discourse On How Civilization Needs Capitalism To Curb The Effects Of Enlightenment, Katriel Lee

Departmental Honors & Graduate Capstone Projects

This paper examines the interplay between the intellectual movements of enlightenment, the economic system of capitalism, and the manifestation of violent racist ideologies like antisemitism and anti-black racism. The core argument is that while the enlightenment ideals of reason, universality, and human dominance over nature inherently set the stage for categorizing and objectifying groups seen as deviating from the desired uniformity, the emergence of extreme racist violence like the Holocaust requires the additional factors of a failing capitalist economy and the rise of totalitarian governments. In the modern American context, racist thought persists in the more covert form of color-blindness. …

Ndls Communicator: Week Of 04.29.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School and University of Cape Town establish historic partnership
• Fitzgerald Institute's Church Properties Initiative and Notre Dame Law School Host Affordable Housing Discussion with Rev. Patrick Reidy, C.S.C.
• Notre Dame Law School celebrates outstanding third-year students at Champions for Justice Reception
• Patrick Corrigan's new article, "'ES' Versus 'G' in Corporate Governance: You Can’t Have It All," was featured in the Harvard Law School Forum on Corporate Governance.
• Emily Bremer wrote a blog post for Notice & Comment on "FTC rulemaking and the attorney general's committee on administrative procedure."
• Sam Bray's research and writings about …

How Close Is Close Enough: A Step-By-Step Analysis To Resolve The Circuit Split Created By Misunderstanding The Spokeo Ruling, Cason Shipp

St. Mary's Law Journal

No abstract provided.

Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter

Senior Honors Theses

Subthreshold negative emotions have superseded conscious reason as the initial and strongest motivators of political behavior. Political neuroscience uses the concepts of negativity bias and terror management theory to explore why fear-driven rhetoric plays such an outsized role in determining human political actions. These mechanisms of human anthropology are explored by competing explanations from biblical and evolutionary scholars who attempt to understand their contribution to human vulnerabilities to fear. When these mechanisms are observed in fear-driven political rhetoric, three common characteristics emerge: exaggerated threat, tribal combat, and religious apocalypse, which provide a new framework for explaining how modern populist leaders …

National Pork Producers Council V. Ross And The Dormant Commerce Clause, Jeffrey C. Tuomala

Liberty University Law Review

National Pork Producers Council v. Ross is a dormant Commerce Clause case in which petitioners challenged a California law that restricts the instate sale of pork that comes from breeding pigs “confined in a cruel manner.” Because California comprises 13% of the national pork market, and because most pork consumed in California is raised in other states, the cost of compliance with the law falls largely on out-of-state producers. Pork Producers claimed that the California law placed an excessively heavy burden on interstate commerce, but they did not claim that California targeted out-of-state producers. The Court of Appeals dismissed the …

The Harm In The Fiduciary Myth, Kelli Alces Williams

BYU Law Review

Fiduciary law has become the doctrine of choice in scholarship aiming to protect vulnerable parties from powerful decisionmakers. But fiduciary law cannot fill all the gaps in those impersonal, public relationships because the beneficiary class is large, disparate, and widely dispersed. Public leaders and decision makers cannot zealously pursue the interests of all parties vulnerable to their decision making and they are often driven by various personal interests in choosing which set of beneficiary interests to prioritize. The persistent myth that leaders of large groups are fiduciaries and that fiduciary obligation is the answer to all power imbalance problems harms …

Confronting Cosmetic Carcinogens: A Proposal Regarding The Dangers Of Talcum Powder, Rachael Howell

Helm's School of Government Conference - 2021-2024

The Federal Government needs to stop the import, export, mining, and distribution of talcum powder in the United States. This is an issue that affects all Americans, especially active-duty military members.

Since 2013, there have been over 38,000 lawsuits against Johnson & Johnson, which allege that their talcum-based baby powder caused cancer. The plaintiffs in the very first talc case in the U.S. have died. All four of the plaintiffs from a 2019 suit have died. Yet, the 2019 case has been reversed and remanded. The FDA has redacted the names of scientist(s) that conduct “safety tests” on talc samples. …

The Driving Impact Of Artificial Intelligence On Global Expansion, Aleksandra Drozd

Senior Honors Theses

The invention and continual growth of artificial intelligence (AI) on the global stage have significantly shaped the world’s economies, governments, societies and their cultures. The new industrial revolution and the subsequent race of the world’s leading powers have led to increased international joint efforts and exchange of information, simultaneously reducing barriers to trade and communication. Meanwhile, emerging technologies deploying AI have led to changes in human behavior and culture and challenged the traditional nation-state model. Although several implications of the proliferation of AI remain unknown, its widening application may be tied with accelerating globalization, referred to interchangeably as global expansion. …

Regulatory Body Shops, Bridget C.E. Dooling, Rachel Augustine Potter

Duke Law Journal

Agencies do not always write their own rules. Contractors assist agencies in nearly all tasks relating to rulemaking, including reviewing public comments, conducting specialized research, and writing regulatory text. Despite perceptions that contractors’ roles are entirely ministerial, the reality is that contractors fulfill many more functions in the rulemaking process than is commonly understood, including everything right “up to pushing the big red policymaking button,” as one agency employee put it. The use of contractors in rulemaking fits within a broader pattern of increased government reliance on service contractors. Scholars have documented a bevy of governance concerns relating to ethics, …

The Case For A Canadian Panel On Multi-Jurisdictional Class Proceedings, Preston Jordan Lim, Justice William Hourigan

Faculty Publications

In Hryniak v Mauldin, the Supreme Court called for a cultural shift to promote timely and affordable access to the civil justice system in Canada. The failings of the civil justice system with respect to class proceedings are particularly troubling. The authors focus on multi-jurisdictional proceedings, which are procedurally complex and notoriously slow-moving, and on past efforts by the bar and bench to render these proceedings more efficient. For the most part, existing reform measures are discretionary, ad hoc, and premised on the consent of all the parties. Whereas cooperation is currently an option under the various reform measures, cooperation …

Educating Deal Lawyers For The Digital Age, Heather Hughes

Scholarly Articles in Law Reviews & Journals

Courses and programs that address law and emerging technologies are proliferating in U.S. law schools. Technology-related issues pervade the curriculum. This Essay presents two instances in which new technologies present challenges for deal lawyers. It explores how exposing students to closing opinions practice can prepare them to engage these challenges. Both examples involve common commercial contexts and lessons relevant to students of business associations and of the Uniform Commercial Code. The first, which deals with enforceability opinion letters, presents technical legal difficulties arising from recent developments in law and technology. The second, involving complex doctrines at the heart of financial …

No Flash Photography Please: An Analysis Of Corporate Use Of Street Art Under Section 120(A) Of The Awcpa, Sierra Epke

University of Miami Law Review

Street art and graffiti are pervasive artforms found throughout the world and throughout history. While the artforms have been associated with crime and vandalism in the past, they have increasingly been featured in different capacities from art galleries to corporate marketing campaigns. With street art’s growing recognition and popularity, corporations have begun to use the medium to target new customer bases. In some situations, the use of artwork in marketing campaigns is unsanctioned by the artist. Therefore, courts have now begun to examine the balance between copyright protection for street artists and the corporate use of street art. Section 120(a) …

The Montana Supreme Court – The Statistics, Jak Hamilton, Andrew Mcintyre

Montana Law Review

No abstract provided.

Ndls Communicator: Week Of 04.22.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School celebrates 35 years of Father Mike Show and raises funds for Women’s Legal Forum
• Notre Dame Law School Global Human Rights Clinic to participate in climate change hearings at the Inter-American Court of Human Rights in Barbados
• Program on Church, State & Society hosts John Inazu, author of “Learning to Disagree” for Book Talk
• Notre Dame Religious Liberty Clinic represents volunteer minister barred from county jail because of his religious views
• Notre Dame Law School Hosts Symposium on Assessing Regulatory Instruments of Behavior Change in Energy Conservation
• Diane Desierto received the Durwood Zaelke …

Preview — State V. Wood. First Impressions On Accountability And Cell-Site Location Information, Sarah K. Yarlott

Public Land & Resources Law Review

No abstract provided.

Enhancing Public Access To Agency Law, Bernard Bell, Cary Coglianese, Michael Herz, Margaret Kwoka, Orly Lobel

Articles

A just, democratic society governed by the rule of law requires that the law be available, not hidden. This principle extends to legal materials produced by administrative agencies, all of which should be made widely accessible to the public. Federal agencies in the United States do disclose online many legal documents—sometimes voluntarily, sometimes in compliance with statutory requirements. But the scope and consistency of these disclosures leaves considerable room for improvement. After conducting a year-long study for the Administrative Conference of the United States, we identified seventeen possible statutory amendments that would improve proactive online disclosure of agency legal materials. …

Disorganization Chart: Troubling Corporate Decision-Making On Succession, Lisa Siraganian

DePaul Law Review

No abstract provided.

(Con)Scripted: “Caucasian Rich Brain”, Lenese C. Herbert

DePaul Law Review

No abstract provided.

Hbo’S Succession: What Can Lawyers Learn From This Family Business Story?, Spencer B. Burke

DePaul Law Review

No abstract provided.

The Sense Of An Ending, Susan A. Bandes

DePaul Law Review

No abstract provided.

Islamic Intellectual Property, Tabrez Y. Ebrahim

Seton Hall Law Review

No abstract provided.

Chapter 4: Safeguarding U.S. National Interests In The Maritime Environment

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …

Ai Assistance In The Drug Development Process: Reaching For A Regulatory Framework, Haley Giaramita

Seton Hall Law Review

No abstract provided.

Beyond The Binary: Ai, Ethics, And Liability In The Legal Landscape, Cathina L. Gunn-Rosas

Texas A&M Journal of Property Law

As the legal landscape evolves with the integration of artificial intelligence (AI), attorneys will face ever more complex ethical challenges and practical dilemmas. This article delves into the intricacies of AI utilization in legal practice, emphasizing the need for proactive strategies to uphold ethical standards while harnessing the benefits of AI tools. Through real-world examples and hypothetical scenarios, it examines the importance of AI training and education for attorneys, highlighting the necessity of understanding AI tool functions, limitations, and potential pitfalls. Moreover, the article advocates for the implementation of rigorous AI oversight and review processes within law firms to ensure …

Chapter 10: Chemical, Biological, Radiological, And Nuclear Weapons

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …

A Timeless Principle: Copyright Before The Statute Of Anne, Victoria Lieberman

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Food Price Narratives, Tammi S. Etheridge

Scholarly Articles

The use of antitrust in the context of food is problematic because it so clearly violates the Consumer Welfare Standard as prescribed by the courts. Ultimately, antitrust rhetoric promoting ad nauseam enforcement will not improve consumer welfare. Advancing consumer welfare in the food industry must mean prioritizing lower food prices over some arbitrary threshold of market competition or protecting small farms. Courts can and should begin distinguishing these goals immediately.