Law Commons^™

Joe Bauer Presented "Enforcement Issues Under American Antitrust Laws" At The University Of Tilburg (Holland) Center For Law And Economics On December 19, 2013, Joseph P. Bauer

Faculty Lectures and Presentations

Joe Bauer presented a seminar at the University of Tilburg (Holland) Center for Law and Economics on December 19. His topic was Enforcement Issues under American Antitrust Laws. View PowerPoint slides of lecture by clicking pdf link.

Ndls Update 12/17/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 12/10/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Law Library Newsletter, Volume 5, Issue 3 - November/December 2013,, Kresge Law Library

Law Library Newsletter

Law Library Newsletter, Volume 5, Issue 3 - November/December 2013,

• A library love story
• An article on the new digital repository, NDLScholarship
• Some info about new apps for your smartphone or tablet
• An introduction to the many faces you’ll see behind the Circulation desk
• Photos from the law school’s annual Halloween trick-or-treat event
• And many more articles

Ndls Update 12/03/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 11/26/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 11/19/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Jimmy Gurule Panel Discussions At The Role Of The Judiciary In Handling Counterterrorism Cases Within A Rule Of Law Framework Conference In Washington, D.C., November 14-15, 2013, Jimmy Gurule

Faculty Lectures and Presentations

Jimmy Gurule moderated two panel discussions at a conference entitled: “The Role of the Judiciary in Handling Counterterrorism Cases within a Rule of Law Framework.” The conference was held in Washington, D.C. on Nov. 14-15 and sponsored by the U.S. Department of State and U.S. Judicial Conference Committee on International Judicial Relations. The conference was attended by judges from around the world, including Algeria, Bangladesh, Canada, China, France, Indonesia, Israel, Jordan, Kenya, Malaysia, Morocco, The Netherlands, Niger, Nigeria, Pakistan, Saudi Arabia, Turkey, and the United States.

Counterterrorism: GCTF Seminar on the Judiciary in Handling Counterterrorism Cases within a Rule of …

Ndls Update 11/12/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 11/05/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Is Expert Evidence Really Different?, Frederick Schauer, Barbara A. Spellman

Notre Dame Law Review

The problem with expert evidence is not the inappropriateness of the Daubert approach. The narrow focus on Daubert is misplaced. The real problem is with the more deeply entrenched view that expert evidence should be excluded under circumstances in which analogous non-expert evidence would be admitted. Daubert embodies the distinction between expert and non-expert evidence, but it is that very distinction, and not just Daubert, that is the problem. Daubert has indeed transformed modern evidence law, but perhaps it has awakened us to the need for a more profound transformation, one in which the very foundations of treating expert …

The Misbegotten Judicial Resistance To The Daubert Revolution, David E. Bernstein

Notre Dame Law Review

This Article reviews the history of the evolution of the rules for the admissibility of expert testimony since the 1980s, the revolutionary nature of what ultimately emerged, and the consistent efforts by recalcitrant judges to stop or roll back the changes, even after Rule 702 was amended to explicitly incorporate a strict interpretation of those changes.

Part I reviews the law of expert testimony through the Supreme Court’s Daubert decision. Critics had charged for decades that the adversarial system was a failure with regard to expert testimony. Parties to litigation, they argued, often presented expert testimony of dubious validity because …

Confusion Isn't Everything, William Mcgeveran, Mark P. Mckenna

Notre Dame Law Review

The typical shorthand justification for trademark rights centers on avoiding consumer confusion. But in truth, this encapsulation mistakes a method for a purpose: confusion merely serves as an indicator of the underlying problems that trademark law seeks to prevent. Other areas of law accept confusion or mistake of all kinds, intervening only when those errors lead to more serious harms. Likewise, every theory of trademark rights considers confusion troubling solely because it threatens more fundamental values such as fair competition or informative communication. In other words, when it comes to the deep purposes of trademark law, confusion isn’t everything.

Yet …

Sotomayor's Empathy Moves The Court A Step Closer To Equitable Adjudication, Veronica Couzo

Notre Dame Law Review

On August 6, 2009, then-Judge, now-Justice, Sonia Sotomayor was confirmed as the nation’s first Latina Supreme Court Justice. While many Latinos embraced the idea of having “Sonia from the Bronx” on the bench, others were fearful that her jurisprudence, combined with her background, would result in “reverse racism.” These fears, while arguably unfounded at the time, have been completely dispelled. Just as Justice Thurgood Marshall transformed the adjudications of the Supreme Court through experiential discourse, so too, to a lesser extent, has Justice Sotomayor. In both oral arguments and written opinions, Justice Sonia Sotomayor has demonstrated educative leadership—enlightening her colleagues …

The Constraint Of Dignity: Lawrence V. Texas And Public Morality, Kristian R. Mukoski

Notre Dame Law Review

This Note will proceed in four parts. Part I will catalogue the jurisprudential and philosophical conflict over the legitimacy of morals legislation. Part II will examine the Supreme Court’s jurisprudence regarding reproductive and sexual liberty, noting the trend towards conflating liberty with autonomy that culminated in Lawrence v. Texas. Part III will closely scrutinize the characterization of liberty in Lawrence, demonstrating that it is restricted by associational and spatial limitations. Part IV will connect those limitations to the description of dignity Justice Kennedy employed in Lawrence and in other cases. This conception of dignity embodies substantive values concerning the appropriate …

Originalism And The Colorblind Constitution, Michael B. Rappaport

Notre Dame Law Review

In this Article, I challenge the claim that the original meaning clearly allows the states to engage in affirmative action. I argue that the original meaning does not plainly establish that affirmative action by the states is constitutional. Instead, there is, at the least, a reasonable argument to be made that state government affirmative action is unconstitutional. In fact, based on the available evidence, I believe that the case for concluding that the Fourteenth Amendment’s original meaning prohibits affirmative action as to laws within its scope is stronger than the case for concluding that it allows affirmative action. I do …

Nfib V. Sebelius And The Transformation Of The Taxing Power, Barry Cushman

Notre Dame Law Review

In National Federation of Independent Business v. Sebelius, Chief Justice Roberts wrote for a majority of five Justices in holding that the “shared responsibility payment” required by the Patient Protection and Affordable Care Act (“ACA”) constituted an imposition of a “tax” rather than a “penalty.” Thus, even though the Chief Justice and four other Justices had concluded that the provision was not a legitimate exercise of the commerce power, the Court held that it was a valid exercise of the taxing power.

The origin of the distinction between taxes and penalties in taxing power jurisprudence is found in the 1922 …

Copyright False Positives, Ben Depoorter, Robert Kirk Walker

Notre Dame Law Review

Copyright enforcement is riddled with false positives. A false positive occurs when enforcement actions are taken against uses that are not actual infringements. Far from benign occurrences, copyright false positives inflict significant social harm in the form of increased litigation and transaction costs, distortions of licensing markets through rent-seeking behavior, increased piracy due to diminished public adherence with copyright law, and the systemic erosion of free speech rights and the public domain.

To combat this problem, this Article analyzes the causes that give rise to false positives, as well as their legal and social effects, and offers policy recommendations targeted …

Patent Cases And Public Controversies, Amelia Smith Rinehart

Notre Dame Law Review

The Article proceeds as follows. Part I summarizes the evolution of the current standard for justiciability in declaratory patent cases, including the Supreme Court’s MedImmune opinion and its progeny in the Federal Circuit and the lower courts. Part II discusses the growing trend of public interest patent litigation and the hurdles declaratory plaintiffs face on justiciability grounds despite courts’ approval of patent challenges generally on policy grounds. Finally, Part III introduces a legislative reform that promises to afford justiciability for some members of the public without compromising Article III’s emphasis on private adjudication.

The Appointment And Removal Of William J. Marbury And When An Office Vests, Saikrishna Bangalore Prakash

Notre Dame Law Review

Scholars have ignored the most important question in one of the most famous constitutional law cases, obscuring the machinations that spawned the dispute. This Article sheds light on the events that precipitated Marbury v. Madison and also explains when an appointment vests. Thomas Jefferson famously refused to deliver a commission to William J. Marbury, causing the latter to seek a writ of mandamus from the Supreme Court. The received wisdom supposes that Jefferson’s refusal rested on the grounds that Marbury had not been appointed a justice of the peace precisely because he never had received a commission. In fact, Jefferson’s …

An Argument Against Open-File Discovery In Criminal Cases, Brian P. Fox

Notre Dame Law Review

This Note argues that, for the most part, open-file discovery proponents fail to recognize the added burden that defense counsel would face under a regime in which all items of the prosecution’s evidence are available for investigation by the defense. This is particularly true in the eighty to ninety percent of criminal cases where the defendant is indigent, and the court appointed defense counsel is operating under strict resource constraints.

This Note also argues that advocates of open-file discovery fail to recognize that in the majority of cases involving prosecutorial misconduct, the prosecutor’s intentional wrongdoing will be sufficient to overshadow …

Ndls Update 10/22/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 10/15/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Reimagining Homeownership: A Working Conference, Nicole Stelle Garnett

Faculty Lectures and Presentations

Nicole Stelle Garnett hosted working conference on “Reimagining Homeownership,”at Notre Dame Law School. This conference focuses on the future of homeownership in America. Participants include top scholars and attorneys in the field.

Ndls Update 10/08/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 10/01/2013, Notre Dame Law School

NDLS Update

No abstract provided.

Law Library Newsletter, Volume 5, Issue 2 - September/October 2013, Kresge Law Library

Law Library Newsletter

Some changes are tangible. All of the buildings’ exterior doors have been re-varnished in anticipation of the coming year. The 2006 print edition of the United States Code, long a source which our patrons consulted on a daily basis in the main reading room, is now being replaced by the 2012 edition.

Other changes are less palpable. The “Big 3” of Bloomberg, LexisNexis, and Westlaw all continue to refine their interfaces and search algorithms. Historical databases like HeinOnline, LLMC Digital, The Making of Modern Law, and ProQuest constantly add new content bringing us online access to authenticated primary sources that …

2013–2014 Law School Bulletin, Notre Dame Law School

Bulletins of Information

CONTENTS

Academic Requirements

• Requirements for Graduation and Good Academic Standing for the J.D. Program
• Graduation Honors
• Grade and Academic Standing

Law School Grading Policy Summary

• Grade Reports
• Co-curricular Courses
• Course Requirements
• Change of Regulations

The Hoynes Code: A Compilation of Faculty Resolutions and Administrative Regulations Governing Notre Dame Law School--Revise July 1, 2013

An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That's why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you'll be as eager to join us as we are to have …

Letter From The Editor, Adrienne M. De La Rosa

Notre Dame Journal of International & Comparative Law

A letter from the editor