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Full-Text Articles in Law
Speaking Of The Speech Or Debate Clause: Revising State Legislative Immunity, Shane Coughlin
Speaking Of The Speech Or Debate Clause: Revising State Legislative Immunity, Shane Coughlin
Notre Dame Law Review Reflection
An increasing number of America’s most contentious issues will be resolved in state legislatures. Consequently, the ability of litigants to seek judicial review of a legislature’s actions is becoming more important. The scope of state legislative immunity, a federal common-law defense that provides state legislators with absolute immunity against certain lawsuits, will also increase in importance. A recent case involving New Hampshire’s legislature raises two significant questions about the scope of state legislative immunity. The first question entails how the United States Congress can abrogate the immunity, and the second question is whether legislators may claim the immunity when a …
Covid-19 And Domestic Travel Restrictions, Katherine Florey
Covid-19 And Domestic Travel Restrictions, Katherine Florey
Notre Dame Law Review Reflection
The strict controls that many jurisdictions, including most U.S. states, established to contain the COVID-19 pandemic have proven difficult to sustain over time, and most places are moving to lift them. Internationally, many plans to ease lockdowns have retained some form of travel restrictions, including the “green zone” plans adopted by France and Spain, which limit travel between regions with widespread community transmission of COVID-19 and those without it. By contrast, most U.S. states lifting shelter-in-place orders have opted to remove limits on movement as well. This Essay argues that this situation is unwise: it tends to create travel patterns …
Employment Division V. Smith And State Free Exercise Protections: Should State Courts Feel Obligated To Apply The Federal Standard In Adjudicating Alleged Violations Of Their State Free Exercise Clauses?, Matthew Linnabary
Notre Dame Law Review Reflection
State courts should feel free to apply whatever test is most appropriate based on the textual provisions of their state constitution that protects the free exercise or worship of its citizens. Of course, such freedom to the state courts is greatly limited in many states by the passage of their own Religious Freedom Restoration Acts. These acts generally set forth precisely how the courts must determine whether or not a law violates the free exercise or worship of a claimant. Even if not limited by a RFRA—which would generally require strict scrutiny—a state court should apply strict scrutiny to violations …
Through The Looking Glass In Indiana: Mandatory Reporting Of Child Abuse And The Duty Of Confidentiality, Alberto Bernabe
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.
Testing The Geographical Proximity Hypothesis: An Empirical Study Of Citations To Nonbinding Precedents By Indiana Appellate Courts, Kevin Bennardo
Testing The Geographical Proximity Hypothesis: An Empirical Study Of Citations To Nonbinding Precedents By Indiana Appellate Courts, Kevin Bennardo
Notre Dame Law Review Reflection
This Article analyzes the citation patterns of the Indiana Supreme Court and the Indiana Court of Appeals from 2012 and 2013. The research underlying this Article involved a study of 1324 opinions from that time period. In those opinions, the Indiana appellate courts cited to out-of-state judicial decisions 738 times. This Article analyzes those citations to test the hypothesis that state courts are more likely to turn to decisions of geographically proximate state courts for guidance when homespun precedent is lacking. The evidence points to the conclusion that, while geographical proximity bears on persuasiveness, it does not cross regional divides. …