Digital Commons Network^™

An End To The Madness: How Justice Barrett Provides A Way Out Of The Categorical Approach, Sarah Webster

Catholic University Law Review

Is murder by omission a crime of violence? In its October 2024 term the Supreme Court of the United States was asked this very question in Delligatti v. United States. This case appeared before the Supreme Court because of its 2019 decision United States v. Davis. In Davis, the Supreme Court narrowly held the residual clause of 18 U.S.C. § 924(c)(3)(B) as unconstitutionally vague as a result of its interpretation that the statute required a categorical approach. As a result, federal courts have been forced to provide pages of painstaking analyses to hold that murder by omission …

The Federal Courts Jurisprudence Of Justice Clarence Thomas, Barnett J. Harris

Catholic University Law Review

In “Personal Precedent at the Supreme Court,” Professor Richard Re argues that Supreme Court justices tend to rely on their “previously expressed views of the law,” including their prior separate opinions when deciding new cases. Richard M. Re, Personal Precedent at the Supreme Court, 136 Harv. L. Rev. 824, 825–26 (2023). These “previously expressed views of the law,” which Re refers to as “personal precedent,” play an extremely important and previously unrecognized role in the development of the law. Re even contends that “though typically excluded from the law, personal precedent may actually be its building block.” Richard M. Re, …

‘Mic Fright’: The Dire Reality Of Employment Classification In Unscripted Television, Jessica A. Payne

Minnesota Journal of Law & Inequality

Reality television has grown over the last near-century into both a staple of popular culture and an overwhelmingly lucrative industry. While the genre had a relatively innocent beginning, what shows have become is an increasingly extreme set of formats seeking to illicit shock, jealousy, and, above all, loyal viewership from its audience. These aims are driven entirely upon the participants who vie for a place within the cast to compete for love, money, and fame. However, the participants whom audiences adore or love to critique face significant barriers in their pursuit in addition to life-altering post-production realities; in part based …

Plutocratic Public Safety, Erin Collins

Texas A&M Law Review

Recent political events have laid bare the ways that the United States functions like a plutocracy, in which the ultra-wealthy exert influence over core governance functions. The criminal system is not immune from this influence. Big Capital shapes the operation of the criminal system in highly visible ways through its investments in policing technology, electronic monitoring systems, and correctional and detention systems. This Article shows how the economic elite shape the operation of the criminal system in a less obvious way: through philanthropic giving. Big Philanthropy provides another—albeit seemingly benevolent—avenue through which the ultra-wealthy can advance a vision of public …

Take Fair Housing All The Way Up: Navigating The Intersection Of Decentralization, Innovation, And Preemption, Melvin J. Kelley Iv

Texas A&M Law Review

Cities are the temporospatial embodiment of local economies, constructed on the scaffold of racial capitalism. Pursuant to decades of public-private ventures to entrench segregation, some cities have been given a treasure trove of resources while others have been—and continue to be—deprived. Community organizers and local governments in urban areas have attempted to disrupt enduring spatial inequities through policies advancing civil rights, economic justice, and sustainable development. But far too often these efforts have been brushed aside by sweeping state laws that intentionally, exhaustively, and punitively remove topics from the purview of local action. This Article responds to calls issued by …

Nonparty Claim Preclusion, Mark D. Rosen

Texas A&M Law Review

For nearly two centuries, American courts recited that the preclusive effects of a court’s final judgment were subject to a requirement of “mutuality,” meaning that a party in Lawsuit 2 who would not be bound by a judgment from a prior Lawsuit 1 could not benefit in Lawsuit 2 from the first lawsuit’s judgment either. While the Supreme Court eliminated the mutuality requirement for issue preclusion in the 1970s—paving the way for “nonmutual collateral estoppel”—to this date, the Court has not decided if mutuality remains a requirement for claim preclusion. Although many courts today insist there is no such thing …

Rahimi's Goldilocks Dilemma: Finding The "Just Right" Age Of Tradition, James M. Handwerk

Texas A&M Law Review

Although its edges are obscured with unresolved tension, the Supreme Court’s recent sortie into Second Amendment interpretation sparked a new era of historical scrutiny. Some question whether the various difficulties present in the new framework render the doctrine unworkable. Rahimi’s Goldilocks Dilemma examines the interpretive obstacles posed by the text, history, and tradition framework, which was brought to light in New York State Pistol & Rifle Ass’n v. Bruen and United States v. Rahimi. Particularly, this Comment focuses on the role that pre-ratification history plays in finding “relevant” historical analogs. Pre-ratification history, as defined by this Comment, includes …

Waterloo Sparkling Water And The Natural Zone Of Expansion: How Trademark Rights Can Bubble Over, Amari K. Wilson

Texas A&M Law Review

As markets expand and competitors adapt, trademark owners are forced to broaden the scope of the goods or services that are offered under their marks. But what happens when a business decides to venture into other industries in the future? How far should its initial trademark protection extend? The natural zone of expansion doctrine—as it applies to trade—seeks to answer these questions.

In Waterloo Sparkling Water Corp., Waterloo had existing senior trademark rights to its mark for sparkling water beverages, but the district court declined to extend protection for the mark’s use in connection with alcoholic seltzers. While there …

Antidiscrimination, Not Anti-Dei: The Real Story Of The Supreme Court’S Recent Title Vii Precedent, Madeline Meth

BYU Law Review

For several years, my colleague and I had been litigating employment discrimination cases with facts that shocked our friends and family. For example, we fought Dallas County over a women-work-the-weekend policy that required women detention officers to work weekends while male colleagues took the weekends off. Likewise, we challenged the City of Cleveland when it moved our client, an emergency medical services supervisor, from the day shift to the night shift explicitly because he is Black. Then, in April 2024, in one of our client’s cases, Muldrow v. City of St. Louis, the U.S. Supreme Court unanimously overruled the decades …

No Bones About It: Ohio’S Food Negligence Standard Should Be The Model For The Rest Of The Country, Malachi I. Morrison

Liberty University Law Review

On July 25, 2024, the Ohio Supreme Court issued one of its most controversial decisions since its founding in 1802. It ruffled many feathers when it appeared to defy common sense by ruling, in Berkheimer v. REKM, L.L.C., that boneless wings may contain bones. However, hidden beneath all the public backlash for this seemingly illogical ruling, one will find an opinion that made significant strides in the field of food negligence. How does this ruling advance food negligence law, you ask? Well, the court finally provided a satisfying answer to a long-standing question in food negligence: What test should …

Classifying Equal Protection, The Ada, And Physical Disabilities: Why The Court Should Apply Heightened Scrutiny To Physical Disabilities And Reconsider Its Decision In City Of Cleburne V. Cleburne Living Center, Alek D. Hedlund

Liberty University Law Review

The Equal Protection Clause of the Fourteenth Amendment provides a constitutional check on state governments when a state statute or action classifies a group of individuals based on certain characteristics. Courts typically scrutinize a discriminatory state statute based on the type of class that it discriminates against, weighing the statute against the government interest and the statute’s relation to the asserted government interest.

In City of Cleburne v. Cleburne Living Center, the United States Supreme Court applied rational basis review to a city ordinance that discriminated based on mental disabilities. Courts following Cleburne have used its rationale to apply …

Table Of Contents & Masthead, Mitchell Brost

Pepperdine Law Review

Pepperdine Law Review, editorial board, masthead

Open And Shut: Non-Removal Statutesand Door-Closing Penalties, Isaac Zwerling

Pepperdine Law Review

There is a longstanding tension in the Court’s treatment of non-removal statutes and door-closing penalties. On the one hand, the Court has held non-removal statutes—business registration statutes that condition a foreign corporation’s license on that corporation’s right to remove cases brought against it to federal court—pose an unconstitutional limit on federal court access. On the other, the Court has extended door-closing penalties statutes prohibiting unregistered foreign corporations from initiating an action in the forum state—to federal courts sitting in diversity. This Article surveys how the Court arrived at this puzzling result. It does so by analyzing each line of cases …

The Interpretive Force Of Alexander Hamilton’S Early Expositions Of Presidential Power, Michael Stokes Paulsen

Pepperdine Law Review

The most important, rightly influential, early interpretations of the Constitution on presidential power concerning matters of war, peace, and foreign affairs flowed from the able pen of Alexander Hamilton in three sets of pseudonymous public essays: as “Publius” in The Federalist (1787–1788); as “Pacificus” (1793–1794); and “Camillus” (1795–1796). As Publius, Hamilton expounded a broad understanding of presidential constitutional power generally and of presidential power in war and foreign affairs specifically, including an essentially plenary Commander-in-Chief power over the conduct of authorized war (but with no constitutional power to initiate war: that power being explicitly and exclusively assigned to Congress). As …

The Continuum Of Contractual Commitment, David V. Snyder

Pepperdine Law Review

Contracts frequently call for one or more differentiated levels of contractual commitment. Although contractual liability in the common law is said to be strict liability, and a claim that a good attempt was made is said to be no defense, often a party promises only to try. Contract theory in the United States struggles with departures from the paradigm of strict liability, and it has failed to fully consider the continuum of contractual commitment. To encompass the range of assent-based commitment and its consequent liability, U.S. contract theory needs to distinguish more clearly between (1) promises to try, which do …

Judicial Appointments Before Vacancies, Vasan Kesavan

Pepperdine Law Review

Appointments are about power—presidential power. There is no greater presidential appointment power than the power to appoint federal judges who are expected to serve for life. Judicial appointments allow the President to shape one branch of the federal government for decades to come, perhaps decisively, thereby helping to define his legacy. Of all judicial appointments, there is nothing more significant than appointments to the Supreme Court, if the President even has the opportunity during his term. But these appointments are the most difficult for the President to make in the most partisan political period in our lifetimes. May a President, …

Cybersecurity Disparities In U.S. Healthcare: Regulatory Gaps, Equity Failures, And Systemic Risks, Erica Patterson

DePaul Journal of Health Care Law

U.S. healthcare relies on digital infrastructure that now shapes clinical safety. However, the governing law remains a patchwork. The HIPAA Security and Breach Notification Rules, layered with uneven federal and state mandates and voluntary frameworks, do not yield a clear, enforceable floor of protection for small, rural  hospitals which are institutions with thin budgets, legacy systems, limited vendor leverage, and scarce IT staff. This Article identifies the gap, namely that minimum safeguards are not articulated as testable outcomes that low-resource providers can implement and sustain, and offers a remedy. Using doctrinal analysis and comparative assessment of federal and state regimes …

Diversity Regulations For Clinical Trials & The Underrepresentation Of Native American Women, Alka Meresh

DePaul Journal of Health Care Law

The exclusion of women and racial minorities from research currently compromises the generalizability of findings. Native American women, are particularly underrepresented in clinical trials due to the complicated history between Native American health and the US government. Congress, the NIH, and the FDA are the most prominent actors involved in regulating the diversity of clinical trial participants. This article will identify and analyze the deficiencies of the current regulations promoting diversity in clinical trials and suggest some solutions to build community with Indigenous communities and promote their participation in clinical trials.

Never Trust, Always Verify, Securing Medicare's Future To Defend Against Ai Driven Cyber Threats, Dana G. Jones

DePaul Journal of Health Care Law

Healthcare cybersecurity stands at a pivotal juncture, analogous to the Cold War's most perilous moments. When President Ronald Reagan declared "trust but verify"^[1] during nuclear disarmament negotiations with Soviet General Secretary Mikhail Gorbachev, he established systematic verification as the cornerstone of security in high-stakes environments where the cost of misplaced trust meant potential human extinction. Today, the rapid integration of artificial intelligence and networked medical devices into America's healthcare infrastructure has created stakes equally grave for the nation's sixty-five million Medicare beneficiaries^[2]; however, the threat landscape has evolved beyond Reagan's paradigm. Modern healthcare cannot afford even conditional …

Proporsionalitas Penjatuhan Pidana, Eva Achjani

Jurnal Hukum & Pembangunan

Abstract

The Normative Evolution Of Political Crime In Egyptian Criminal Law 1881 – 1981, Anas Sayed Elkorashy

Theses and Dissertations

This thesis examines the historical evolution of the Egyptian criminal justice system's approach to managing political opposition. It employs the concept of "political crime" as a heuristic for analyzing the prosecution of dissent, despite the absence of a statutory definition within the legal system. By situating these practices within the broader context of political conflict, the study traces how criminal law has been used to manage rivalry and neutralize perceived threats to the state. Drawing on Fraenkel’s theory of the "Dual State," the thesis argues that modern Egyptian criminal justice has developed through a distinctive dual structure. The research distinguishes …

Perempuan Dan Hak Asasi Manusia Dalam Perspektif Hukum Islam, Uswatun Hasanah

Jurnal Hukum & Pembangunan

Abstract

Perlindungan Hukum Terhadap Tki Yang Bekerja Di Luar Negeri (Kajian Yuridis Terhadap Sinkronisasi Peraturan Perundang-Undangari Penempatan Dan Perlindungan Tki), Lalu Husni

Jurnal Hukum & Pembangunan

Abstract

Pembaharuan Makna Asas Legalitas, Hwian Christianto

Jurnal Hukum & Pembangunan

Abstract

Peraturan Hukum Perburuhan Dan Sikap Pengadilan: Tarikmenarik Antara Kepentingan Investor Dan Kepentingan Buruh, Syamsul Khoiri

Jurnal Hukum & Pembangunan

Abstract

Hak Asasi Manusia (Ham) Atas Lingkungan Hidup (Suatu Rekfleksi Sosio Yuridis Atas Implementasi Penyelesaian Sengketa Lingkungan), Junior B. Gregorius

Jurnal Hukum & Pembangunan

Abstract

181st University Of Notre Dame Commencement, University Of Notre Dame

Commencement Programs

• SCHEDULE OF EVENTS 4
• HEARING IMPAIRED INFORMATION 9
• GRADUATE SCHOOL 10
• MENDOZA COLLEGE OF BUSINESS GRADUATE BUSINESS 32
• GRADUATE ARCHITECTURE 38
• LAW SCHOOL 39
• UNIVERSITY COMMENCEMENT CEREMONY 42
• COLLEGE OF ARTS AND LETTERS 44
• COLLEGE OF SCIENCE 51
• COLLEGE OF ENGINEERING 55
• MENDOZA COLLEGE OF BUSINESS 61
• SCHOOL OF ARCHITECTURE 67
• KEOUGH SCHOOL OF GLOBAL AFFAIRS 67
• VALEDICTORIAN CANDIDATES 68
• EMERITI FACULTY 68
• HONOR SOCIETIES 69
• AWARDS AND PRIZES 77
• TASSELS 100

Legal Academia And Permanent Democracy: The Fault In Our Law Schools, Sara Dillon

DePaul Journal for Social Justice

It is widely recognized that the American Constitution is failing as the foundational document of a modern democracy. Although many basic principles of constitutionalism have faded into irrelevance, with rising authoritarianism eclipsing such core ideals as judicial independence, separation of powers and restraints on arbitrary use of power, America’s nearly 200 institutions of legal teaching and scholarship have provided little in the way of proposals for urgently needed law reform. It is striking that even with so many high-powered academic institutions, so few meaningful proposals for constitutional change have been presented to the public as a way out of our …

The Formation Of Indian Health Services Within Imperial And Settler-Colonial Contexts, Jillian E. Grisel

American Studies ETDs

This dissertation examines the Indian Health Services as a Cold War biosecurity apparatus, showing how infectious disease was weaponized to dismantle treaty obligations, reorganize tribal lands into “service areas,” and reclassify Indigenous nations as surveilled populations. Against this carceral health economy, Indigenous nations refused. From the 1969 Alcatraz occupation to the 1976 Puyallup takeover of Cushman Indian Hospital, Native activists reclaimed health facilities as sovereign spaces, insisting that care is not a discretionary service but a treaty right grounded in land and kinship. Methodologically, I combine historical-legal analysis of congressional debates, Public Health Service reports, and IHS data with counter-archives …

Rodríguez Pacheco Et Al. V. Venezuela, Katrina Karaguzian

Loyola of Los Angeles International and Comparative Law Review

This case is about medical malpractice and the failure of the State to provide justice to the victim. The Court found Venezuela in violation of several articles of the American Convention, including Article 26.