Digital Commons Network^™

Jane Crow Constitutionalism, Evan D. Bernick

Northern Illinois University Law Review

On June 24, 2022 The United States Supreme Court issued its decision on Dobbs v. Jackson Women’s Health Organization; overturning Roe v. Wade, and destroying fifty years of precedent to protect the constitutional right to abortion in the United States. This overturning sets a dangerous, new precedent that reinforces the State’s control of reproduction, and criminalizes a woman’s right to choose, with very few exceptions. In states like Mississippi, Black women are already experiencing the highest rates of maternal mortality, incarceration, and poverty.

This article posits that Dobbs operates to maintain a racialized and gendered underclass, and names this phenomenon …

On Bringing Alternative Methods To Legal Research Instruction, Tanya M. Johnson

Northern Illinois University Law Review

Legal research is typically taught in a predictable, traditional way, but this doctrinal approach does not provide the skills and techniques needed for research in support of social justice efforts. This essay discusses a legal research course that I teach called Research for Social Justice, which incorporates critical and alternative methodologies that are not usually taught in legal research classes. After describing the content of the course, I focus on explaining what alternative legal research would entail, including a discussion of some alternative methods and strategies that I teach in my course with the goal of introducing students to a …

A Proposal For A Model Indigenous Intellectual Property Protectiontribal Code (Miipptc), Prof. Tomasz G. Smolinski

Tribal Law Journal

The appropriation of Native American cultural and intellectual property has become commonplace in the United States. At the same time, mainstream, Western cultural/intellectual property laws are inadequate to properly protect traditional Indigenous knowledge. To address this problem, scholars have begun to advocate for a three-tiered system, in which, in addition to national and international legal protections, tribal laws would play a fundamental role in the fight against cultural appropriation. Alas, few Native American tribes explicitly address cultural and/or intellectual property rights in any of their legal instruments. This is especially true with respect to intangible intellectual property, such as traditional …

Tribes And H-1bs: Promoting Inclusion Of Tribal Interests In Immigration Policy Through Employment-Based Visas, Alejandro Alvarado

Tribal Law Journal

Tribal law and immigration law provide a comprehensive space, with plenty of crossover issues, for legal practitioners to explore how immigration law may benefit Tribes and Indigenous Peoples. These issues arise from the history of the United States undermining Tribal interests through immigration policy as it created international borders and established citizenship criteria. As a result, Indigenous Peoples have been impacted by U.S. immigration policy with regard to global mobility, family separation, issues related to border security, and economic prosperity. With the continued growth of Tribal economies, U.S. immigration policy risks limiting Tribal interests and welfare by not providing explicit …

Storied Pasts: Credibility And Evolving Norms In Asylum Narratives 1989–2018, Abigail Stepnitz

Minnesota Journal of Law & Inequality

No abstract provided.

What If Critical Race Theory Were Just A Legal Theory? A Christian Critique, Timon Cline, Neil Shenvi

Liberty University Law Review

The national debate over Critical Race Theory (CRT) continues to grow and deepen. Some Christians seemingly find CRT legitimate, useful, and nonthreatening to Christian theological commitments. This view is incorrect. CRT is in fundamental conflict with Christianity due to its misguided perspectives on law, morality, truth, and justice. Although CRT is more than “just a legal theory,” this article examines CRT’s legal origins and outlook, showing the inevitable tension between its claims and a Christian understanding of reality. This article also calls attention to several policy proposals suggested by CRT scholars to demonstrate how they are incompatible with Christian views …

Ip Protection For Love: Dating App’S Feuds And Foes, Meredith Williams

Journal of Intellectual Property Law

A new method of meeting others and dating online has emerged amid today’s age of technology. Online dating, now largely facilitated through apps, has grown exponentially since its genesis. With this growth, online dating services have sought intellectual property protection. This Note examines the patentability of dating app features, primarily the digital user interface through the backdrop of a recent dispute between Tinder and Bumble. It begins with a history of online dating and analysis of why apps have become a popular tool to launch a business. The Note then delves into a new dating app concept and accompanying patent …

Democratizing Tthe Eighth Amendment, Erin E. Braatz

Villanova Law Review (1956 - )

No abstract provided.

The Future Of Natural Property Law: Comments On Eric Claeys’S Natural Property Rights, Christopher Serkin

Texas A&M Journal of Property Law

Professor Eric Claeys is among the most thoughtful modern proponents of natural property rights. His new book, provided to conference participants in draft form, is typical of his rigorously analytical approach. It is an impressive articulation of a natural rights-based account of property. It significantly advances the debate over natural rights and should be taken seriously even by those who do not find it entirely convincing.

There are real-world political stakes in abstract-seeming questions of property theory because natural rights are often deployed to limit government regulation of property. Natural rights contrast with positivist accounts that locate the content of …

Property, Psyche, And The Theory Of Tenancy: Independent And Interdependent Lease Law Covenants Through The Lens Of Cultural Psychology, Hanjo Hamann

Texas A&M Journal of Property Law

Is it property or contract? This question has perplexed scholars studying the residential lease for most of the last century. The present contribution combines the complementary perspectives of legal history and cultural psychology to clarify our theory of tenancy. From a historical perspective, I find that the oscillation of tenancy between competing doctrinal paradigms has resulted in a compromise solution rather than a coherent theory. While piecemeal reforms in the 1970s revised the doctrine of independent covenants, they did not provide a theoretical justification for increasing interdependence. From a psychological perspective, I suggest that such a theoretical justification may come …

Toward Mutual Recognition: An Investigation Of Oral Tradition Evidence In The United States And Canada, Kalae Trask

Washington Journal of Social & Environmental Justice

United States (“U.S.”) courts have long failed to recognize the value of oral traditional evidence (“OTE”) in the law. Yet, for Indigenous peoples, OTE forms the basis of many of their claims to place, property, and political power. In Canada, courts must examine Indigenous OTE on “equal footing” with other forms of admissible evidence. While legal scholars have suggested applying Canadian precedent to U.S. law regarding OTE, scholarship has generally failed to critically examine the underlying ethos of settler courts as a barrier to OTE admission and usefulness. This essay uses the work of political philosopher, James Tully, …

178th University Of Notre Dame Commencement, University Of Notre Dame

Commencement Programs

The Commencement Program includes:

• SCHEDULE OF EVENTS 3
• GRADUATE SCHOOL COMMENCEMENT CEREMONY 8
• DOCTORAL DEGREES 10
• MASTER DEGREES 23
• MENDOZA COLLEGE OF BUSINESS GRADUATE BUSINESS 38
• GRADUATE ARCHITECTURE 44
• LAW SCHOOL 45
• UNIVERSITY COMMENCEMENT CEREMONY 49
• COLLEGE OF ARTS AND LETTERS 52
• COLLEGE OF SCIENCE 61
• COLLEGE OF ENGINEERING 66
• MENDOZA COLLEGE OF BUSINESS 71
• SCHOOL OF ARCHITECTURE 77
• VALEDICTORIAN CANDIDATES 78
• EMERITI FACULTY 78
• HONOR SOCIETIES 78
• AWARDS AND PRIZES 85
• TASSELS 104

To Protect And To Serve: Community Policing And Servant Leadership Through The Lens Of A Lieutenant Of 25 Years In A Nj Police Precinct, Tara Deworsop

Journal of Vincentian Social Action

Police play a vital role in protecting communities and holding accountable those who have committed violent and property offenses. At the heart of this are the acts of protecting and serving the individuals that make up those communities.

This paper looks at how police officers interact, protect and serve the communities within which they work today. The history of policing and the way police officers are prepared to interact with the public are important. Servant leadership combined with community policing has the potential to create a positive impact that will have a ripple effect.

Using the example of a police …

Spirituality Of The Servant Leader, Sally Duffy

Journal of Vincentian Social Action

Reflecting on the words and lived actions of philosophers, theologians and others in the Catholic tradition can inform the Spirituality of a Servant Leader. Thoughtful considerations of the crucified today and personal examination of reader towards systems and structures of oppression should inform those in leadership. Members and alumni of a Vincentian university must recall and embody the leadership styles of Jesus Christ and St. Vincent De Paul in their own places of influence to make for a more just and righteous global society. A Vincentian education calls leaders to holistic care of those they lead coupled with radical principles …

Language Laws And Regional Identity: A Case Study Of Euskera In The Basque Country, Jenna Ebel

Honors Theses

This thesis explores the interconnectivity between language laws and regional identity, focusing on education, public health, and transnational systems. Through this case study of the Basque Country, the context and wording of the language laws in the subregions within the Basque Country are utilized to understand how they affect the usage and understanding of the Basque language, “Euskera.” Through this, the study is then focused on the Spanish autonomous community of the Basque Country to understand the effects of a minority language on educational systems, the COVID-19 Pandemic, and the connections to both the EU and the UN. Through a …

Child Soldiers & Juveniles In Gangs: Opposite Sides Of The Same Coin With Dissimilar Legal Liabilities In International And American Constitutional Law, Jason Blevins

Master's Theses

No abstract provided.

Litigating The Carceral Soundscape, David Howes, Simcha Walfish

Osgoode Hall Law Journal

Sound has always been a material issue in prisons, whether it be in connection with sonic surveillance, the “silent cell,” or the insistence of sound (excessive noise, counter-carceral music making). This article asks: How and when does the carceral soundscape become a litigable issue? Our article opens with a discussion of the challenges involved in attempting to study the sonic ambiance of the penitentiary through the medium of written documents and proposes a methodology of “sensing between the lines” by way of a solution. It goes on to analyze the “moral architecture” at the foundation of the modern prison in …

Disaster Risk In The Carceral State, Saptarishi Bandopadhyay, Joshua R. Coene

Articles & Book Chapters

The overlap between prisoner vulnerability and disasters in the United States is undeniable. During 2020 and 2021, the United States endured a series of natural hazards such as wildfires, floods, and hurricanes, many of which exposed the country’s 2.1 million inmates to additional risks and compounded the danger posed by COVID-19. Yet policymakers and scholars are only beginning to appreciate the centrality and magnitude of disaster risk management for the millions of people currently held in penal institutions around the country. Unsurprisingly, the production of “lessons learned” documents that follow in the aftermath of disasters overlook how prisoner vulnerability is …

Disaster Risk In The Carceral State, Saptarishi Bandopadhyay, Joshua R. Coene

Journal Articles

The overlap between prisoner vulnerability and disasters in the United States is undeniable. During 2020 and 2021, the United States endured a series of natural hazards such as wildfires, floods, and hurricanes, many of which exposed the country’s 2.1 million inmates to additional risks and compounded the danger posed by COVID-19. Yet policymakers and scholars are only beginning to appreciate the centrality and magnitude of disaster risk management for the millions of people currently held in penal institutions around the country. Unsurprisingly, the production of “lessons learned” documents that follow in the aftermath of disasters overlook how prisoner vulnerability is …

How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, Grace Hodges

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

What The United States Could Learn From Norway: Training Police Officers To Be Social Workers, Not Warriors, Liana Brown

University of Miami International and Comparative Law Review

This note compares the training of police officers and its consequential effects in the United States versus that of Norway. In the United States, the lack of national training standards, in conjunction with an emphasis on technical skills and weaponry, has further perpetuated the “Warrior mindset.” The “Warrior mindset” reflects the rhetoric that officers are akin to combatants in a war, in which they have a duty to safeguard the rest of civilization against criminals that can strike at any moment. Contrastingly, the training programs for police officers in Norway include a consolidated and robust three-year education program that emphasizes …

Innocent Until Presented, Aristo Pangaribuan

Jurnal Hukum & Pembangunan

This paper analyzes a practice of presenting suspects, which is a ritual that displays a suspect before the media. Until now, although it is frequently used by the police, there has been no attempt to examine such practices in Indonesia. In the criminal procedure scholarship, there is no standard term to describe it. This article will refer to such ritual as a presentation of suspects. This ritual has also been practiced around the world with different methods and has a long history, especially in the United States. This article discusses the presentation of suspects and question whether such a ritual …

Religious Political Arguments, Accessibility, And Democratic Deliberation, Paul Billingham

Notre Dame Law Review

Christian critics of liberalism, and especially of contemporary public-reason liberalism, often argue that it objectionably excludes religious voices form the public square, by requiring citizens to bracket their religious convictions when they engage in democratic deliberation. In response, liberals often deny that their views have this implication. Many public-reason liberal theorists are “inclusivists,” who permit religious contributions to deliberation.

Yet even inclusivists provide little reason to think that religious political arguments can be persuasive or fruitful. After all, they tend to see religious reasons as inaccessible to others, due to relying on beliefs, values, and methods of reasoning that others …

Whose Liberalism, Which Christianity?, Jonathan Chaplin

Notre Dame Law Review

The papers in this intriguing Symposium all face the perplexing challenge of negotiating a way through the thicket of divergent definitions of both “liberalism” and “Christianity.” At a time when “Christianity” is thought to be, for some, fundamentally at odds with “liberalism,” or for others, liberalism’s enthusiastic cheerleader, we cannot avoid delving into the finer grain of these complex traditions. The clarificatory challenge in regard to “liberalism” has been lent greater urgency of late because of the comprehensive nature of assaults on “liberalism” by, especially, Catholic integralism. Christians who seek at least partially to defend liberalism against such assaults (as …

Was Atwater V. Lago Vista Decided Correctly? The Fourth Amendment's Shadow And Simulacra Of Police Brutality And The American Dream, Charles Lincoln

Barry Law Review

No abstract provided.

"It Is Tash Whom He Serves": Deneen And Vermeule On Liberalism, Andrew Koppelman

Notre Dame Law Review

I worry that some recent Christian criticisms of liberalism are the kind of fantasy that Murdoch warned about, caricaturing what they purport to oppose. They are also ominously vague about what would replace it. Both writers echo earlier Christian flirtations with Marxism: philosophical errors lead idealists to gullibly embrace authoritarian kleptocrats who do not give a damn about the people the idealists are trying to help.

I will focus on the work of Patrick Deneen, with some reference to the more abbreviated but similar critiques of liberalism by Adrian Vermeule. Both claim that liberalism’s relentless logic tends to destroy communities …

Natural Law, Parental Rights, And The Defense Of "Liberal" Limits On Government: An Analysis Of The Mortara Case And Its Contemporary Parallels, Melissa Moschella

Notre Dame Law Review

This Article explores parallels between integralists’ defense of the Mortara case (in which Pius IX removed a child from his parents’ care in order to provide him with a Catholic education) and contemporary progressive arguments for overriding the authority of parents who do not want their gender-dysphoric children to undergo social or medical gender transition. In Part I, I offer an overview of the natural law case for limited government, then in Part II I turn more specifically to a natural law defense of parental rights as an essential aspect of limited government. In the following Part, I return to …

Liberalism And Orthodoxy: A Search For Mutual Apprehension, Brandon Paradise, Fr. Sergey Trostyanskiy

Notre Dame Law Review

This Article seeks to evaluate and contextualize recently intensifying Christian critiques of liberalism’s intellectual and moral claims. Much of this recent critique has been from Catholic and Protestant quarters. Christianity’s third major branch—Orthodox Christianity—has not played a prominent role in current critiques of liberalism. This Article seeks to help fill this void in the literature. In helping to fill this void, it contributes to understanding how liberalism fits with one of the world’s most ancient Christian traditions.

The Article begins by disambiguating the terms Orthodoxy and liberalism. After identifying each body of thought’s foundational commitments, it notes that Orthodoxy endorses …

The Impacts Of Site Formation Processes On Excavation Methodology: The Study Of A World War Ii B-24 Crash Site In Munster, Germany, Alicia J. Lawson

Department of Anthropology: Theses and Student Research

Academic partnerships between universities and the Defense POW/MIA Accounting Agency (DPAA) are a recent development to provide top research universities resources to assist in recovering and identifying MIA service members since World War II. A University of Nebraska–Lincoln (UNL)/DPAA Partner excavation revisited a WWII B-24H crash site in Münster, Germany in the summer of 2022. B-24H [redacted] crashed into three agricultural fields on 23 March 1945. Utilizing quantitative and qualitative data collected on the incident-related and archaeological osseous remains and artifacts recovered from the fields and the fields’ land use history, this thesis focuses on analyzing the site formation processes …

When Justice Depends On It: The Need For Professional Standards For Mitigation Development In All Criminal Cases, Elizabeth S. Vartkessian, Thea Posel, Anthony Ginez, Lela Hubbard

University of Baltimore Law Review

No abstract provided.