Digital Commons Network^™

Brigham-Kanner Property Rights Journal, Volume 11, William & Mary Law School

Brigham-Kanner Property Rights Journal

The Role of Empirical Research

September 30-October 1, 2021

Panel 1: The Role of Empirical Research in Defining the Scope of Constitutionally Protected Property Rights: A Tribute to Been

Panel 2: The Relationship Between Eminent Domain and Social and Racial Injustice

Panel 3: The Interdependence of Property and First Amendment Rights

Panel 4: The Distributional Implications of Land Use Regulation

Weaponizing Proof Of Harm In First Amendment Cases: When Scientific Evidence And Deference To The Views Of Professional Associations Collide In The Battle Against Conversion Therapy, Clay Calvert

UF Law Faculty Publications

This Article uses the U.S. Court of Appeals for the Eleventh Circuit’s divided decision in Otto v. City of Boca Raton in late 2020 as a springboard for examining battles in First Amendment jurisprudence over proof of causation of harm and the level of deference owed to the judgments of learned societies. A two-judge majority held in Otto that a pair of local ordinances banning speechbased conversion therapy on minors violated the First Amendment, with those measures failing the rigorous strict scrutiny standard of review. Crucial to the majority’s ruling was its conclusion that insufficient evidence exists that conversion therapy—also …

Notre Dame Lawyers Connect: September 2022, Notre Dame Law School

Notre Dame Lawyers Connect

Notre Dame Hosts 2022 Religious Liberty Summit in Rome

New NDLA Board Members

Professors Matt Barrett and Judy Fox retire from ND Law

Alumni Spotlights

• The Law as Leverage, Judge Mary Yu '93 J.D.
• Ballfield to law field: Notre Dame baseball teammates now represent MLB Players Association, Matt Nussbaum '00, '04 J.D. and Jeff Perconte '00, '03 J.D.

Events

• Marcus and Marcus in NYC
• Notre Dame Lawyer Summer Events: Indianapolis and Los Angeles
• Homecoming September 16-17, 2022
• “Staying in the Game”
• 5th annual Law Homecoming Tailgate

Alumni Notes

• Ophelia S. Camina
• Gregory R. Ripple
• Jeremiah Lee

The Rise And Fall Of Group Libel: The Forgotten Campaign For Hate Speech Laws, Samantha Barbas

Journal Articles

It is well-known that there is no “hate speech” law in the United States. This has been criticized, especially given the existence of robust hate speech laws in other nations. The absence of hate speech laws in American law has been attributed to legal, cultural, and historical factors, including speech protective First Amendment jurisprudence and long-standing skepticism of group reputation as an interest worthy of legal protection.

This Article presents another reason for the absence of hate speech laws in America: the failure of a large-scale social movement in the 1940s to pass hate speech laws or “group libel” laws, …

Operation Lone Star: The Spectacle Of Immigration Federalism, Danielle Puretz

Dissertations, Theses, and Capstone Projects

Texas Governor Greg Abbott launched Operation Lone Star in March 2021 to respond to the “crisis” at the United States/Mexico border. While in the US immigration is usually thought of as a federal responsibility, different states have worked to expand their capacity to welcome or exclude immigrants. Operation Lone Star is an example of how one state is working to restrict immigration to the US and build notoriety for its republican governor. Drawing on press releases, executive orders, news articles, opinion pieces, and other sources I highlight the performative politics within this initiative. Operation Lone Star is an example of …

Resilience Through Reading And Writing In Lambeaux By Charles Juliet, Sophie Nicolaïdès-Salloum

BAU Journal - Society, Culture and Human Behavior

Lambeaux writen by Charles Juliet is the result of a trauma in his early infancy. A month after his birth, he is separated from his mother interned in a psychiatric hospital after a suicide tentative. His biological father entrusts him to a family who will love him and raise him like their own. When he becomes an adult he decides to write his biological mother’s biography with his imagination because he had not enough information about her life and his autobiography bind to his adoptive mother. Writing becomes his resilience. Two people help him to achieve his goal: his adoptive …

Post-War Culture And Reconciliation: From Optimism To Resilience, Michel Abou Khalil

BAU Journal - Society, Culture and Human Behavior

Culture and Post-War Reconciliation: from Optimism to Resilience. At the end of the civil war, Lebanon tried to rebuild itself but fairly quickly wars, assassinations, repeated political crises and an influx of refugees weakened it. From 2019, it is downright descent into hell with an aborted popular revolt and a whole series of financial, economic and health disasters culminating in the explosion of August 4, 2020, which transformed it into a true martyr nation. Once again, the Land of the Cedars falls back into the cycle of the absurd, even into the circularity of the myth of Sisyphus, going so …

Three Strong Women, By Marie Ndiaye: The Grace Of Resilience, Carole Auroy

BAU Journal - Society, Culture and Human Behavior

By taking "three strong women" as heroines, Marie NDiaye brings out the paradoxical strength of characters caught up in the destructive mechanisms of stories with uncertain endings. We perceive in these women the models of a resilience whose restorative grace is inscribed the intersubjective relations of which they are the hearths. This hypothesis invites us to observe how these relationships, threatened by an alienating confusion, get out of it, but also to locate the opaque zones of the narratives which designate the fragility of the process. Resilience could be the faculty of escaping from the dead life, that which makes …

From Damage To Words : The Diary Of A Confined Person, Christelle Stephan-Hayek

BAU Journal - Society, Culture and Human Behavior

From March 16 to April 20, 2020, therefore from the 1st to the 35th day of confinement due to the COVID-19 pandemic, in France, Wajdi Mouawad writes his logbook every day, during this crossing of the desert, alone which more is “A word from a confined human to a confined human,” he says in his introduction.

Faced with one of the greatest social challenges that our current world has had to face in its almost entirety, each "confined human" has experienced a fight and has had no choice but to fight it. We will consider that of the Lebanese-born playwright, …

Amicus Curiae Brief Of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), And Law Professors Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy Rapoport, Richard Squire, Ray Warner And Jack Williams, In Support Of The Petitioner, Pamela Foohey

Amicus Briefs

Your amici have taught courses on bankruptcy and commercial law, conducted research, and have been frequent speakers and lecturers at seminars and conferences throughout the United States. Each is highly regarded in this field, and each has made substantial contributions to bankruptcy scholarship and jurisprudence.

The question presented to this Court is as follows: “Whether Bankruptcy Code Section 363(m) limits the appellate court’s jurisdiction over any sale order or order deemed integral to a sale order. . . .” (emphasis added). Pet. i. The answer is that § 363(m) does not limit appellate review of the transaction involved in this …

Ndls Communicator: Week Of 08.29.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Exchange program in Africa
• Matthew Dyson, who teaches in our ND London Law Programme, published a new book "Explaining Tort and Crime."
• Emily Bremer wrote about new material available for law instructors in the Regulatory Review.
• The Research Program on Law and Market Behavior will cosponsor the first annual International Behavioural Public Policy Conference at the London School of Economics and Political Science on September 7-10.
• Nicole Garnett discussed religious liberty in schools today along with her recent article, “A Victory for Religious Liberty and Educational Pluralism" on the First Things podcast.
• Lloyd Maher was quoted in …

The Cuban Missile Crisis: Miscalculation, Nuclear Risks, And The Human Dimension, Arthur I. Cyr

The US Army War College Quarterly: Parameters

No abstract provided.

Forum Selection Clauses In Federal Courts: Limitations On Enforcement After Stewart And Carnival Cruise, Walter W. Heiser

Florida Law Review

No abstract provided.

Franchising And Consumers' Beliefs About "Tied" Products: The Death Knell For Krehl?, Robert W. Emerson

Florida Law Review

No abstract provided.

Constitutional Law: Florida's Privacy Protection For Obscenity, Jerry L. Mcdaniel Iii

Florida Law Review

No abstract provided.

Child Pornography And The Right To Privacy, John Quigley

Florida Law Review

No abstract provided.

On Thinking Theologically Of Lawyers As Counselors, Thomas L. Shaffer

Florida Law Review

No abstract provided.

Constitutional Law: Procedural Safeguards Required In First Amendment Prior Restraint Context, Grace F. Woods

Florida Law Review

No abstract provided.

Copyright: The Scenes Of A Faire Doctrine, Leslie A. Kurtz

Florida Law Review

No abstract provided.

Research In Federal Income Taxation, Francene M. Augustyn

Florida Law Review

No abstract provided.

Constitutional Law: "Commonly Accepted Standards" Redress Topless Jogging, T. Allynn Tharp

Florida Law Review

No abstract provided.

State Action – Making Sense Out Of Chaos – An Historical Approach, Ronna Greff Schneider

Florida Law Review

No abstract provided.

Silencing The Name Droppers: The Intelligence Identities Protection Act Of 1982, Robert W. Bivins

Florida Law Review

No abstract provided.

Curtailment Of Early Election Predictions: Can We Predict The Outcome?, Leslie Yalof Garfield

Florida Law Review

No abstract provided.

Nonrecourse Liabilities As Tax Shelter Devices After Tufts: Elimination Of Fair Market Value And Contingent Liability Defenses, Daniel C. Turner

Florida Law Review

No abstract provided.

Rethinking Collateral Estoppel: Limiting The Preclusive Effect Of Administrative Determinations In Judicial Proceedings, Rex R. Perschbacher

Florida Law Review

No abstract provided.

Constitutional Fact: The Perception Of Reality By The Supreme Court, Jeffrey M. Shaman

Florida Law Review

No abstract provided.

Marriage, Money, And The Meaning Of Life In Thornton Wilder's The Matchmaker, Asst. Instructor. Suaad Hussein Ali

Midad AL-Adab Refereed Quarterly Journal

The Matchmaker is a romantic comedy which aims to seek human warmth in all human relationships. The play discusses the themes of marriage and money which are universal subjects that "repeat in the lives of millions." The characters in this play recognize the meaning of life through love, compassion and participation in life. The play also shows how one's wrong beliefs in the affairs of marriage and getting money, or one's pride and self-righteousness, sometimes, stand as an obstacle against one's happiness.

This paper aims to shed the light on Wilder's view about marriage and money and how these two …

"Serving Time And It's No Longer A Crime: An Analysis Of The Proposed Cannabis Administration And Opportunity Act, Its Potential Effects At The Federal And State Level, And A Guide For Practical Application By Local Government", R. Allyce Bailey

University of the District of Columbia Law Review

There has been much recent discussion surrounding cannabis use with some researchers supporting the use of medical marijuana, some investors relishing in the recently booming cannabis and CBD industry, and some states decriminalizing marijuana and even harsh controlled substances. As it appears, at least some public opinion is changing regarding marijuana, but the law has not effectively caught up to that change. Bias in the criminal justice system has led to the over-policing of, higher conviction rates, and harsher sentences for minorities. Thus, the decriminalization of marijuana alone does not remedy the grave disproportionate negative effects on populations of color …

Media Concentration: Giving Up On Democracy, C. Edwin Baker

Florida Law Review

No abstract provided.