Digital Commons Network^™

Regulatory History And Judicial Review, Todd Phillips, Anthony L. Moffa

Faculty Publications

The Administrative Procedure Act requires federal agencies to simply "incorporate in the rules adopted a concise general statement of their basis and purpose" after they receive comments from the public, and the Supreme Court ruled in Overton Park that courts are to adjudicate whether rules are arbitrary and capricious based on agencies' contemporaneous rationales. Judge-created doctrines incentivize agencies to rely on these "concise" statements to elucidate their rationales, and as a result, rulemaking preambles have ballooned in size as agencies seek to insulate themselves from critical courts.

This article contends that although the APA's statutory requirement is in tension with …

The Non-Punishment Principle And Restorative Justice, Rachel J. Wechsler

Faculty Publications

The non-punishment principle is a legal norm that has increasingly gained legitimacy over the past quarter-century within international, regional, and domestic law on human trafficking. At its core, this principle opposes the punishment of human trafficking victims for unlawful conduct they engage in as a consequence of their trafficking victimization. Little is known about the presence and operation of the non-punishment principle within U.S. law. This Article fills this gap as the first to comprehensively map and analyze the principle’s instantiation across state and federal law.

From this new map, three key themes emerge. First, the non-punishment principle has a …

Taxing Dynasties, David Gamage, Brian D. Galle, Bob Lord

Faculty Publications

The estate tax and the broader wealth-transfer-tax system are even more broken than is commonly understood. Over the past two decades, researchers and policy experts have identified a handful of key tactics that mega-rich families use to pass wealth from generation to generation without paying tax. These tax dodges are notorious enough to be known by their acronyms, such as the IDGT and the GRAT. Scholars and policymakers have proposed reforms to block these tactics, or at least to make them more difficult.

In this Article, we present new analysis, backed by new empirical findings, to show that these proposed …

Fda After Loper Bright, Erika Lietzan

Faculty Publications

Loper Bright, which overruled the Chevron decision from 1984, tells us that a court should determine the meaning of all statutory provisions for itself, rather than deferring to the views of the federal agencies that implement those provisions. But the overruling of Chevron may have less of an impact on the U.S. Food and Drug Administration than conventional wisdom supposes. Most challenges to FDA action do not concern its statutory interpretations. And the agency prevailed in most cases involving statutory interpretation, before the Chevron doctrine took hold. After 1984, when the doctrine did apply, the agency often lost cases at …

Why Ai May Be Your Best Negotiation And Mediation Coach, John Lande

Faculty Publications

This article explores the role of artificial intelligence (AI) tools as negotiation and mediation coaches.  Drawing on research from negotiation, mediation, and consumer behavior, the article explains why bots can sometimes coach more effectively than humans.  In this role, they offer on-demand support that can help users prepare strategically and reflect honestly.  This support is especially valuable when seeking help from a human would feel too risky or awkward.

The article cautions against use of AI for roles requiring emotional intelligence, discretion, or legitimacy, such as negotiators, mediators, or arbitrators.  It distinguishes between AI as a thinking partner and AI …

Do-It-Yourself Reparations, Martha M. Ertman

Faculty Scholarship

The magnitude of harms like white supremacy makes it difficult to precisely identify losses, let alone remedy them. Piecemeal approaches are essential, and private efforts may be the only option when public law and cultural norms deny or perpetuate the harms. This Article addresses one racial harm, the 10:1 racial wealth gap between white and black Americans, in the context of residential segregation over the past century. It contends that the equitable doctrine of restitution enables us to recognize and remedy the unjust enrichment enjoyed by white Baby Boomers caused by private law mechanisms such as racially restrictive covenants, all …

The International Order, International Law, And The Definition Of Security, Harlan Grant Cohen

Michigan Journal of International Law

As economic security has seemingly moved to the center of American and European foreign policy, both the United States and the European Union have broadened their interpretation of international law rules governing security, coercion, and intervention. But these interpretations are not exactly new, echoing developing state interpretations of international law that developed states had long ago seemingly rejected. How are these once moribund interpretations of security, force, and coercion being brought back to life?

This article argues that these interpretative shifts highlight the role of the international order as an interpretative mechanism within international law. Borrowing from the work of …

Law School Homecoming Group Photographs, University Of Alabama School Of Law

Manuscript Collections

The Law School Homecoming Group Photographs consists of photographs of homecoming celebrants from the University of Alabama School of Law. The 50 photographs span the years from 1940 to 1994.

Daniel J. Meador Collection, University Of Alabama School Of Law

Manuscript Collections

The Daniel J. Meador Collection primarily consists of former dean of the University of Alabama School of Law Daniel Meador's materials for the preparation and publication of his book, Mr. Justice Black and His Books (1974).

Bicentennial Newspaper Collection, University Of Alabama School Of Law

Manuscript Collections

This collection contains the July 4th, 1976 editions of the Anniston Star and the special Bicentennial Edition of the Birmingham News.

National Bankruptcy Review Commission Papers, University Of Alabama School Of Law

Manuscript Collections

The National Bankruptcy Review Commission Papers consists of fourteen cubic feet of manuscripts, typescripts, photocopies, and printed materials accumulated by Mobile attorney Jeffery J. Hartley during his service as a member of the Commission.

Southern Courier Newspaper Collection, University Of Alabama School Of Law

Manuscript Collections

Produced by Peter Cummings and Ellen Lake, two Harvard journalism undergraduates and veterans of the 1964 Freedom Summer, Montgomery's Southern Courier serves as an important primary source of the civil rights movement.

Nina Miglionico Collection, University Of Alabama School Of Law

Manuscript Collections

The Nina Miglionico Collection contains books, scrapbooks, manuscripts, awards, and other materials from her professional life.

Photographic Holdings, University Of Alabama School Of Law

Manuscript Collections

The Photographic Holdings of the Bounds Law Library include several thousand photographic prints and negatives. More than 1000 images are stored in the Special Collections vertical files.

Alabama Code Of 1975 Collection, University Of Alabama School Of Law

Manuscript Collections

The Alabama Code of 1975 Collection consists of materials from the 1975 revision of the Alabama Code. The papers contain 2 cubic feet of code revision proofs, 1 cubic foot of various memoranda from the Michie Company concerning the 1975 code revision, and 2 cubic feet of preliminary manuscripts.

Bedeviled Advocate Collection, University Of Alabama School Of Law

Manuscript Collections

The Bedeviled Advocate collection consists of several volumes of the Bedeviled Advocate newspaper, which published stories concerning Alabama and national politics. The collection contains the following issues: January 12-26, 1987; September 15-December 22, 1987; January 5, 1988; February 2, 1988; March 8-May 19, 1988; May 26-September 22, 1988.  Numbering was re-started at Volume 1 on September 15, 1987 and the newspaper was re-named "The Advocate" in early 1988.

Menstrual Leave In Spain, Lidia De La Iglesia Aza

Dispatches

This dispatch aims to outline a new regulation in Spain regarding menstrual leave as a social security benefit that allows women to take paid leave from work in cases where menstruation-related reasons prevent them from performing their duties. To this end, it looks at menstrual health as a workplace issue in general, before turning to menstrual leave regulation in Spain and its novelties, challenges and remaining controversies.

A Historic Trade Union Law Revision To Expand The Concept Of Employer In Korea, Aelim Yun

Dispatches

This dispatch illustrates the impact of the amendments on Korea’s legal framework for collective bargaining and strike action, and predict the impact of the amendments on the guarantee of collective labour rights, in particular for workers in non-standard forms of employment.

Artificial Intelligence At Work International Conference - Website, Valerio De Stefano, Unifor

Osgoode Events

Join us for the Artificial Intelligence at Work International Conference which will unite academics, policymakers, trade union leaders, and employer representatives from Canada and around the globe to discuss the regulatory landscape and governance of AI in the workplace.

As the first conference of its kind in Canada addressing these crucial issues, it is intended to inform and shape public and regulatory debate on how AI is transforming work contexts. Attendees will explore the current state of AI implementation, its impacts on labour markets, and potential frameworks for effective oversight.

Through engaging keynote sessions and dynamic panel discussions featuring leading …

Table Of Contents & Letter From The Editor

UIC Review of Intellectual Property Law

No abstract provided.

Ai Co-Inventor: Robot Enabled Patent Prosecution, Henry H. Perritt Jr.

UIC Review of Intellectual Property Law

No abstract provided.

De Minimis Confusion, Maximum Risk: Consumer Vulnerability And Trademark Law In Lerner & Rowe V. Brown Engstrand, Gabriella Johnson

UIC Review of Intellectual Property Law

No abstract provided.

Family Law Agreement And The New Gender Bargains, June Carbone, Brian H. Bix

Articles

The great family law divide is said to be marriage, as marriage has emerged as a marker correlated with race and socioeconomic status. This article argues that the real family law divide, inside and outside of marriage, is agreement. Family law, and the family court system that implements it, produce agreement when legal rules, societal norms, and family court procedures operate together to encourage shared understandings expressed through statuses such as marriage or parenthood, and legally enforceable agreements. In an increasingly unequal society, the family understandings of the college-educated middle class have moved apart from those much less privileged in …

Commission Quorums, Nicholas Bednar, Todd Phillips

Articles

Multimember commissions are a central feature of the modern administrative state. Yet a growing number have lost their legal authority to function—not through statutory repeal or defunding, but because they lack a quorum. In many cases, these quorum losses stem from the President’s assertion of a broad removal power, which causes vacancies in the commission’s membership. Quorum losses lead to agency inaction, prevent the executive branch from ensuring faithful execution of the laws, and threaten the constitutional rights of individuals who appear before adjudicatory commissions.

This Article presents an empirical study of quorum rules in multimember commissions. It traces how …

Fair Use In The Supreme Court: A Peek Behind The Scenes, Jonathan Band

Joint PIJIP/TLS Research Paper Series

Between 1975 and 1994, the Supreme Court considered five cases that involved fair use: Williams & Wilkins v. United States; Sony v. Universal City Studios; Harper & Row v. Nation Enterprises; Stewart v. Abend; and Campbell v. Acuff-Rose. The papers of the Supreme Court Justices that decided these cases show the Court as a profoundly human institution with the Justices often struggling to fashion opinions that could gain the support of a majority. The Justices clearly cared about the copyright merits, but they were also willing to compromise to achieve a certain result. In several …

Shaping Corporate Behavior Through Enforcement: Evidence From The No-Poach Initiative, Lorenzo G. Luisetto

Law Faculty Articles and Essays

In recent years, government entities have pursued legal action against restrictive clauses in employment contracts that limit labor mobility and may stifle competition in both labor and product markets. To date, however, little is known about how firms respond to enforcement actions aimed at regulating the relationships they have with their employees. Leveraging a sample of 293 franchisors, in this paper I investigate the spillover effects of the so-called “No-Poach Initiative,” an unprecedent enforcement action launched by the Antitrust Division of the State of Washington Attorney General’s Office in January 2018. This initiative resulted in 237 franchisors (39 of which …

John Bruce Dodds Memorial Scholarship, Notre Dame Law School

Student, Faculty, and Staff Awards

Memorial Scholarship in honor of John Bruce Dodds, Notre Dame Law School Class of 1980

The John Bruce Dodds Memorial Scholarship was established by his classmates, colleagues, family and friends. The criteria considered for the Scholarship are need, merit, and a commitment and determination reminiscent of that shown by Bruce Dodds. Bruce studied in London during the 1978–79 academic year and graduated from Notre Dame Law School in 1980. Before Law School, Bruce attended the United States Air Force Academy, where doctors discovered a cancerous growth in his hip joint which required the amputation of his leg. Following Law School, …

David T. Link Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Recognizes a graduating law student for outstanding service in the field of social justice.

International Academy Of Trial Lawyers, Notre Dame Law School

Student, Faculty, and Staff Awards

Chosen by the Trial Advocacy faculty, the International Academy of Trial Lawyers Award commends the following students for their distinguished achievement in the art and science of advocacy.

Farabaugh Prize, Notre Dame Law School

Student, Faculty, and Staff Awards

For High Scholarship in Law

Established by Gallitzin A. Farabaugh of South Bend, attorney-at-law