Law Commons^™

Sacred Places Of Notre Dame: Kresge Law Library Main Reading Room, Marcus Cole

2019–Present: G. Marcus Cole

Dec 19, 2019

Today our journey brings us to the Main Reading Room in the Kresge Law Library where the dean of the Law School invites us to express gratitude in this Advent season. go.nd.edu/SacredPlaces.

Meeting His Wife - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

My Domer Brother And Me - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

The Love For Notre Dame - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

The Hair - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Be Someone’S Miracle Today - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

The World Doesn't Understand - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Power Of Modern Prayer - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

How His First Job Shaped Him - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

His Siblings - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Stanford Law - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Law Clerk Then Jr. Associate - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Favorite Spot On Campus - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

His Mom & Dad - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Hope For Nd Law - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Preparing For Law School - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Son’S Reaction To Taking Notre Dame Job - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

How Notre Dame Happened - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

St. Thomas More - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 6, 2019

Mmu: 12/02/19–12/08/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Christmas Tree Decorating
• Daily Commons Menu Specials
• SBA Store Hours
• Daily Mass Schedule
• ND Glee Club Caroling
• Championship Week--PAC12, SEC, Big 10, Big 12, and ACC
• Next Week: Dog Dayz of Finals

General Announcements

• LVCY Angel Tree
• Health & Wellness Center
• Legal Writing Center
• Volunteer Opportunity at Green Bridge Growers
• Notice to student visitors to Sinai Synagogue
• Mock Trial Coaches Wanted
• Advertise Law School Events on the Law Library e-board

A Little Lagniappe (In Louisiana it means "a little something extra".)

• Marge's Message
• Sport Report
• Professor Spotlight–no one this week
• 1L of the Week–study hard and …

Experimental Punishments, John F. Stinneford

Notre Dame Law Review

The Cruel and Unusual Punishments Clause prohibits, under its original meaning, punishments that are unjustly harsh in light of longstanding prior practice. The Clause does not prohibit all new punishments; rather, it directs that when a new punishment is introduced it should be compared to traditional punishments that enjoy long usage. This standard presents a challenge when the government introduces a new method of punishment, particularly one that is advertised as more “progressive” or “humane” than those it replaces. It may not always be obvious, for example, how to compare a prison sentence to a public flogging, or death by …

Empowering The Poor: Turning De Facto Rights Into Collateralized Credit, Steven L. Schwarcz

Notre Dame Law Review

The shrinking middle class and the widening gap between rich and poor threaten social and financial stability. Though sometimes identified as a problem of developing nations, the inability of the poor to obtain credit by using their de facto rights in property as collateral impedes upward mobility in nearly all countries, including the United States. Efforts to solve this problem have focused on trying to transform de facto rights into de jure title under property law. Those efforts have been unsuccessful because, among other reasons, property law is tightly bound to tradition and protecting vested ownership. This Article proposes an …

Going Rogue: Mobile Research Applications And The Right To Privacy, Stacey A. Tovino

Notre Dame Law Review

This Article investigates whether nonsectoral state laws may serve as a viable source of privacy and security standards for mobile health research participants and other health data subjects until new federal laws are created or enforced. In particular, this Article (1) catalogues and analyzes the nonsectoral data privacy, security, and breach notification statutes of all fifty states and the District of Columbia; (2) applies these statutes to mobile-app-mediated health research conducted by independent scientists, citizen scientists, and patient researchers; and (3) proposes substantive amendments to state law that could help protect the privacy and security of all health data subjects, …

Glorious Revolution To American Revolution: The English Origin Of The Right To Keep And Bear Arms, Diarmuid F. O'Scannlain

Notre Dame Law Review

It is definitively not my intention to wade into such debates about the wisdom of the Second Amendment or to deal with pending or recent court interpretations. Rather, I want to explore how it came to be and what role British history had in its genesis. For Americans like myself, such history helps us to understand the meaning of our own Constitution. For the Britons, it is a powerful example of how your own constitutional principles shaped the legal landscape of far-flung countries once within the British Empire. And for those simply interested in law as a discipline, irrespective of …

A Practice Worth Ending: Eps Guidance Harming Long-Term Growth, Rachel G. Miller

Notre Dame Law Review

This Note focuses on one factor—earnings per share (EPS) guidance—that contributes to myopic behavior and short-termism within public companies. Part I discusses the history of the shareholder primacy norm and the need for management to act in the best interest of its shareholders. Additionally, this Part provides background on EPS guidance and the notion of short-termism. Part II lays out a framework for quarterly reporting and argues that the current disclosure requirements should remain intact. This Part addresses the importance of frequency in quarterly reporting and provides two examples—the United Kingdom and Regulation A—of practices with longer reporting frequencies that …

Setting Our Feet: The Foundations Of Religious And Conscience Protections, Hanna Torline

Notre Dame Law Review

This Note does not attempt to claim that religion and conscience are not moral equivalents, that they are not equally important, or that they do not require equal legal treatment. Nor does it attempt to claim the converse. Simply put, it argues that a consideration of the different foundations underlying conscience protections and religious protections should give pause to anyone arguing that the two are equivalent. This Note concludes that the rationales behind protecting religion and conscience are different enough to merit consideration in the debate. For if religion and conscience are treated as equivalents under the law, they will …

The Enumerated-Rights Reading Of The Privileges Or Immunities Clause: A Response To Barnett And Bernick, Kurt T. Lash

Notre Dame Law Review

In their new article, The Privileges or Immunities Clause, Abridged: A Critique of Kurt Lash on the Fourteenth Amendment, Randy Barnett and Evan Bernick insist that this historical evidence does not support the enumerated-rights reading. Instead, Barnett and Bernick embrace what I call the “fundamental-rights” reading of the Privileges or Immunities Clause. This view maintains that the Clause should be understood as protecting a set of absolute rights nowhere expressly enumerated in the text of the Constitution, for example the unenumerated economic right to contract or to pursue a trade.

Rather than agreeing with John Bingham, Barnett and Bernick …

The United States, The International Criminal Court, And The Situation In Afghanistan, Sara L. Ochs

Notre Dame Law Review Reflection

The United States has always had a very complicated and tense relationship with the International Criminal Court (ICC) and with international criminal law generally. Yet, under the Trump administration, the U.S.–ICC relationship has deteriorated to an unprecedented level. Within the last few years, the U.S. government has launched a full-scale attack on the ICC—denouncing its legitimacy, authority, and achievements, blocking investigations, and loudly withdrawing all once-existing support for the court.

These hostilities bubbled over following the November 2017 request by the ICC Chief Prosecutor, Fatou Bensouda, for the court to open an investigation into alleged war crimes and crimes against …

United We Stand, Divided We Fall? An Inquiry Into The Values And Shortcomings Of Uniform Methodology For Statutory Interpretation, Chelsea A. Bunge-Bollman

Notre Dame Law Review Reflection

How should courts interpret statutes? This question has fueled generations of debate. Some believe generally that legislative intent should be understood based on the greater purpose of the statute; others believe that would be “pure applesauce” and the legislative intent should be understood through the plain meaning of the statute as written. Where one lands on that spectrum dictates the acceptable use of various tools for statutory interpretation, from legislative history to dictionaries. But, this is largely a theoretical exercise because statutory interpretation is messy in practice. The judiciary employs a variety of methodologies across cases, courts, time periods, and …

Why Robert Mueller's Appointment As Special Counsel Was Unlawful, Steven G. Calabresi, Gary Lawson

Notre Dame Law Review

Since 1999, when the independent counsel provisions of the Ethics in Government Act expired, the Department of Justice (DOJ) has had in place regulations providing for the appointment of “special counsels” who possess “the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.” Appointments under these regulations, such as the May 17, 2017 appointment of Robert S. Mueller to investigate the Trump campaign, are patently unlawful, for three distinct reasons.

First, all federal offices must be “established by Law,” and there is no statute authorizing such an office in the DOJ. We …