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Mmu: 01/29/18–02/04/18, Student Bar Association

Monday Morning Update

Mass Schedule

Summer Fellowship Opportunity

Interview Skills Workshop

Christian Legal Society - Retreat Opportunity

Student Support

This Week @ NDLS

No 1L of the Week

Active Judging And Access To Justice, Anna E. Carpenter

Notre Dame Law Review

“Being a good judge in this environment means unlearning what you learned in law school about what a judge is supposed to do. Fairness is doing things a federal judge would never do.”

Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts. Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges interact with pro se parties as a general matter, and even less about …

Notre Dame Lawyer - 2018, Notre Dame Law School

Notre Dame Lawyer

INSIDE

Leading News

Dean Newton Steps Down

Briefs

• Off the Bench—Prominent judges visit ND Law School
• Law School improves Loan Repayment Assistance Program
• Galilee sees record participation
• ‘You are the hope’—ND Law hosts one of Church’s leading voices on race
• Program on Church, State & Society growing
• ‘Fighting for Fair Housing’—Law School hosts conference on Fair Housing Act of 1968
• ND alumni talk about Guantanamo detention facility
• Religious freedom moot court team wins in Italy
• Music lesson—The Slants rock McCartan Courtroom
• Commencement 2018
• Exoneration Project inspires law students

Profiles—A Different Kind of Lawyer

• A Bridge to Home—James Cheney ’18 J.D. …

Mmu: 10/30/17–11/05/17, Student Bar Association

Monday Morning Update

Trick or Treating at the Law School

Exam Conflicts and Special Requests [Deadline]

Exam Software

Symplicity

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Student Support

This Week @ NDLS

1L of the Week: Walter Jean-Jacques

Notre Dame Lawyer - Fall 2017, Notre Dame Law School

Notre Dame Lawyer

Dean Nell Jessup Newton writes:

It is early October as I write this, and the fall semester is off to a great start. We have enrolled an outstanding group of first-year students, held a successful inaugural NDLS Homecoming Weekend, welcomed new faculty, launched some exciting new programs and, last but not least, welcomed the return of Notre Dame Lawyer magazine!

The More? Uniform Code Of Military Justice (And A Practical Way To Make It Better), Sean Patrick Flynn

Notre Dame Law Review

This Note offers suggestions for the successful transition of the military sentencing system, in light of the responses to the federal sentencing system. It goes on to argue that ,because sentencing guidelines are detrimental to the defendant, the military sentencing process should offer a guaranteed, but waivable, two days of preparation to the defendant post-conviction and presentencing.

Homecoming Update & Alum Highlights Service To Community, Notre Dame Law School

Notre Dame Lawyers Connect

Feature Events

• ND Law Students Honored at 2017 Commencement Activities

Faculty

• Jay Tidmarsh Named Clynes Professor of Law Professor
• Bruce Huber Earns Tenure

Students

• Two ND Law Students Selected as Bank of America Fellows
• Two ND Law Students Named 2017 Shaffer Public Interest Fellows

Feature Alumni

• Cynthia Morgan Reed, ’99 J.D. Receives Community Service Award from the San Diego Bar Association

Alumni Notes

• Andrew J. Hofland, ’09 J.D. Joins Crowe & Dunlevy in Tulsa
• Lindsey Brazys Pianowski, ’10 J.D. Promoted to Partner of Sanders Pianowski LLP

Mmu: 05/08/17–05/14/17, Student Bar Association

Monday Morning Update

Class Schedule for the Week

Financial Tips

This Week @ NDLS

Aly Hughes' Tweet of the Week

Through The Looking Glass In Indiana: Mandatory Reporting Of Child Abuse And The Duty Of Confidentiality, Alberto Bernabe

Notre Dame Law Review Reflection

This Essay will explain the issue presented by the 2015 Opinion issued by the Legal Ethics Committee of the Indiana State Bar addressing a lawyer's duty to conceal or disclose information regarding sexual abuse of a minor. It will go on to suggest the analysis needed for its proper resolution according to the Indiana Rules of Professional Conduct.

Defining The Scope Of Fiduciary Liability, Paul Miller

Journal Articles

The Supreme Court of Canada has won faint praise and significant criticism for its fiduciary jurisprudence over the past few decades. In prior work, I have come to the partial defence of the Court, commending it for its willingness to confront key questions going to the structure and scope of fiduciary liability, and equally for its interest in ensuring that the law's elasticity is not lost to unreflective adherence to custom and convention. By contrast, peer courts in other jurisdictions have been much less open and creative in addressing questions concerning fiduciary law's general principles and, as a result, the …

Revising Our “Common Intellectual Heritage”: Federal And State Courts In Our Federal System, Judith Resnik

Notre Dame Law Review

This Essay pays tribute to Daniel Meltzer’s insight that, to the extent “lawyers have a common intellectual heritage, the federal courts are its primary source.” I do so by analyzing how that heritage is made and remade, as political forces press Congress to deploy federal courts to protect a wide array of interests and state courts absorb the bulk of litigation. The heritage that Meltzer celebrated and to which he contributed was the outcome of twentieth-century social movements that focused on the federal courts as hospitable venues, serving as vivid sources of rights and remedies. A competing heritage has since …

Alumni Connect Coast To Coast, Notre Dame Law School

Notre Dame Lawyers Connect

Brian Murray, ’11 J.D., Named Quattrone Center Research Fellow

NDLA News New Blog, Becoming a Different Kind of Professional

Faculty in the News

• Professor Mark McKenna and Nicole Garnett Top-Cited Scholars
• Notre Dame Mourns the Loss of Professor Emeritus Conrad Kellenberg
• Professor McAward Appointed Director of Center for Civil and Human Rights
• Professor Jimmy Gurulé Testifies Before Congressional Task Force to Investigate Terrorism Financing
• Professor Nicole Garnett Receives Social Justice Award

Students

• Claudia Tran, Rising 3L, Ramps Up Alumni and Student Networking
• Law Students Honored at Prize Day Ceremony

Alumni

• Salvi, Schostok & Pritchard Achieves $1 Billion in Verdicts and …

Stop The Reach: Solving The Judicial Takings Problem By Objectively Defining Property, Steven C. Begakis

Notre Dame Law Review

The future of judicial takings may rest on the ability of the Court to define property in a robust and objective way. Property has essential characteristics that make it easily identifiable, the most significant of which are the rights to exclude and use. However, even when a property right does not fit within a neat categorical definition, should that right have a long, well established pedigree in state court precedent, that property right is similarly within the capacity of the reviewing court to identify. And once it is determined that, prior to the judgment, the petitioners possessed a clearly defined …

Show And Tell In The Legal Research Classroom: Screencasting As An Effective Presentation Format, Susan Azyndar, Ingrid Mattson

Journal Articles

From the Article

In spring 2015, we each taught an advanced legal research class piloting6 a screencast as a graded assignment. Here, we describe our reasons for creating this project, how we structured the assignment, how to help students succeed, and some tips to consider if you adopt this kind of assignment. In short, advance planning is the key, but it is well worth the effort given high student engagement and our satisfaction that the assignment met our classes’ core pedagogical goals.

Re-Designing Law And Lawyering For The Information Age, Thomas D. Barton

Notre Dame Journal of Law, Ethics & Public Policy

This Article analyzes the intersection of three aspects of law, lawyering, and Information Age technology and culture, describing how they disrupt and inhibit one another even as they supply possible opportunities for each to grow and innovate. The Article urges that Information Age challenges to traditional legal institutions and thinking become the foundation for reforms to legal systems and individual lawyering. In embracing changes made possible by emerging technology, the Rule of Law may be strengthened globally and the Preventive/Proactive style of lawyering can be re-invigorated. The Article begins by describing the Preventive/Proactive lawyering ("PPL") style, and offers an example …

Skin In The Game: Why Business Lawsuits Get Third-Party Funded, Radek Goral

Notre Dame Journal of Law, Ethics & Public Policy

The main claim of the paper is that the changing realities of legal practice create lasting attorney-funder alliances. In effect, among a funder, a friendly law firm, and the client circle of such firm, there is not one attorney-client-funder triangle, but many; and they all revolve around the common link between the two repeat players. The emergence of "litigation funding cones" impacts the attorney-client relationship. The paper argues that in third-party funded litigation, the attorney-funder bond, often informal and confidential, may leave represented litigants in a vulnerable position. Such vulnerability is unlikely to be adequately addressed solely by contract. Therefore, …

Mmu: 10/12/15–10/18/15, Student Bar Association

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.

Mmu: 10/05/15–10/11/15, Student Bar Association

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.

How To Kill A Zombie: Strategies For Dealing With The Aftermath Of The Foreclosure Crisis, Judith Fox

Journal Articles

The foreclosure crisis which began in 2008 is old news; or is it? A lot of attention has been paid to the plight of homeowners struggling to save their homes from foreclosure. Legislative and regulatory changes have made it easier for homeowners to navigate the loss mitigation process. A significant number of people, however, did not try to save their homes. In fact, some actively tried unsuccessfully to give the homes back to their lender. These abandoned homes and abandoned foreclosures have become zombie mortgages. This is the legacy of this crisis.

The existence of these homes is well documented …

Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach

Notre Dame Law Review

This Note will argue that the attorney-client privilege is justified not only by the popular instrumentalist rationales, but also by noninstrumentalist thinking. It will further argue that Federal Rule of Evidence 502 gives federal courts the tools to protect the attorney-client privilege in light of bulk data collection. Even where courts do not find that traditional modes of communication constitute reasonable steps to protect a confidential communication, general considerations of fairness—as noted in Rule 502’s committee notes—should encourage courts to uphold attorney-client privilege in future situations of bulk data collection disclosures. Part I will discuss the establishment, development, and operations …

Integrating Experiential Learning Into The Law School Curriculum, Robert L. Jones Jr.

Journal Articles

On June 13-15, 2014, the Second National Symposium on Experiential Education in Law took place in Greensboro, North Carolina. The Alliance for Experiential Learning in Law and Elon University School of Law hosted the symposium, with the support of Northeastern University School of Law. Presenters included professors and practitioners across multiple disciplines, including business, medicine, and architecture, and they shared their insights about the value of experiential education in their fields. Working groups from the Alliance for Experiential Learning in Law also presented their findings and distributed a set of working papers, which eventually culminated into this report. The report …

Death By A Thousand Cuts: The Rule Against Perpetuities, Angela M. Vallario

Journal of Legislation

No abstract provided.

Mmu: 02/09/15–02/15/15, Student Bar Association

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.

Introspection Through Litigation, Joanna C. Schwartz

Notre Dame Law Review

This Article contends that there is a bright side to being sued: organizational defendants can learn valuable information about their own behavior from lawsuits brought against them. Complaints describe allegations of wrongdoing. The discovery process unearths documents and testimony regarding plaintiffs’ allegations. And in summary judgment briefs, expert reports, pretrial orders, and trial, parties marshal the evidence to support their claims. Each of these aspects of civil litigation can bring to the surface information that an organization does not have or has not previously identified, collected, or recognized as valuable. This information, placed in the hands of an organization’s leaders …

A New Era: Integrating Today's Next Gen Research Tools Ravel And Casetext In The Law School Classroom, Katrina June Lee, Susan Azyndar, Ingrid Mattson

Journal Articles

From the Introduction

In this article, we contend that law professors should integrate the new next gen research tools into the law school skills curriculum, and we propose a set of teaching ideas for doing so without sacrificing precious class time. Making the latest next gen research tools a part of the skills classroom agenda advances current pedagogical goals: teaching law students information literacy (e.g., research strategy, context, and source evaluation); teaching metacognitive skills; preparing students for law practice; and exploring professionalism and ethics issues. In Part II, we define "next gen" for purposes of this article. In Part III, …

The Need For Conditions Limiting The Use Of Legislative History In Statutory Interpretation: Lessons From The British Courts, Sylvia Costelloe

Notre Dame Journal of Law, Ethics & Public Policy

Statutory interpretation is of crucial importance for both lawyers and judges. A notably fertile source of debate is the use of legislative history for purposes of statutory interpretation, which gained particular momentum in the past century. Proponents of the use of legislative history in statutory interpretation argue that it is a valuable tool for interpreting ambiguous statutes. On the other hand, opponents such as Justice Scalia have argued that the only law that should govern is that which has been passed by a majority of the House and the Senate. The debate among American judges and scholars has largely centered …

Auctioning Class Settlements, Jay Tidmarsh

Journal Articles

Although they promise better deterrence at a lower cost, class actions are infected with problems that can keep them from delivering on this promise. One of these problems occurs when the agents for the class (the class representative and class counsel) advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class-action reform proposals. This Article develops a proposal that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at the time of settlement. The idea …

Erisa -- Nieto V. Ecker: The Propriety Of Non-Fiduciary Liability Under Section 409, Kevin B. Bogucki, Charles P. Cullen, Judith Ann Hagley

Notre Dame Law Review

No abstract provided.

Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford

Notre Dame Law Review

No abstract provided.

Turning Practice Into Progress: Better Lawyering Through Experimentation, Michael J. Saks

Notre Dame Law Review

No abstract provided.