Law Commons^™

Mmu: 04/25/16–05/01/16, Student Bar Association

Monday Morning Update

3L Week Ticket Sales End Today!

SBA Office Hours

This Week @ NDLS

Aly Hughes' Tweet of the Week

Baseball’S Interesting Relationship With The U.S. Supreme Court, Edmund P. Edmonds

Faculty Lectures and Presentations

Road Scholars

Florida State University’s series of talks by distinguished scholars from other institutions in the Atlantic Coast Conference

Ndls Update 04/18/2016, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

Mmu: 04/18/16–04/24/16, Student Bar Association

Monday Morning Update

From the President

SBA Meeting

Healty Law Society Elections

WLF Elections

Environmental Law Society (ELS) Officer Elections

Riddle of the Week

Cute Puppy

Mmu: 04/11/16–04/17/16, Student Bar Association

Monday Morning Update

SBA President Runoff

SBA Elections Continued

Monday

• CDO Presents: Success as a Summer Associate–A Student Panel
• FPAC Officer Elections
• It's the Culture, Stupid! Federal Micromanagement of Colleges

Wednesday

• CDO Presents: Effective Job Searching: What You Need to do This Summer
• ALSA General Meeting & Elections
• Professional Head Shots!
• Christian LEgal Society Meeting & Elections
• The China Policy and Beyond

Thursday

• Panel: Engaging South African Constitutional Justice
• Clynes Lecture: "Judging According to Personal Attributes: Tension with the Oath of Office?"
• John Witte Lecture--Religious Freedom at Homand and Abroad: Finding a Better Way
• IPLS Board Elections

Friday JICL Symposium: South Afrian Justice: …

Ndls Update 04/04/2016, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

Mmu: 04/03/16–04/09/16, Student Bar Association

Monday Morning Update

MMU: Rest in Peace Karabo

• Course Registration Process
• Sky Zone Event
• 3Ls Voting THIS WEEK ONLY for 2016 Faculty/Staff/Student Commencement Awards
• Food

Monday

• Redacted Lives: Secrecy and Mohamedou Olud Slahi's "Guantanamo Diary"
• SBA Meeting
• Heal Law Society presents Mr. Steven Benz, Assistant General Counsel-Eli Lilly and Company

Tuesday Moot Court & Trial Team Informational Meeting

Wednesday Planning Your 2L Year and Tips for Summer Internships

Thursday Class Planning Session at 12:30 in the Courtroom

Unilateral Invasions Of Privacy, Roger Allan Ford

Notre Dame Law Review

Most people seem to agree that individuals have too little privacy, and most proposals to address that problem focus on ways to give those users more information about, and more control over, how information about them is used. Yet in nearly all cases, information subjects are not the parties who make decisions about how information is collected, used, and disseminated; instead, outsiders make unilateral decisions to collect, use, and disseminate information about others. These potential privacy invaders, acting without input from information subjects, are the parties to whom proposals to protect privacy must be directed. This Article develops a theory …

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 …

The Supreme Court's Quiet Revolution In Induced Patent Infringement, Timothy R. Holbrook

Notre Dame Law Review

The Supreme Court over the last decade or so has reengaged with patent law. While much attention has been paid to the Court’s reworking of what constitutes patent-eligible subject matter and enhancing tools to combat “patent trolls,” what many have missed is the Court’s reworking of the contours of active inducement of patent infringement under 35 U.S.C. § 271(b). The Court has taken the same number of § 271(b) cases as subject matter eligibility cases—four. Yet this reworking has not garnered much attention in the literature. This Article offers the first comprehensive assessment of the Court’s efforts to define active …

Patent "Trolls" And Claim Construction, Greg Reilly

Notre Dame Law Review

This Article explores the largely overlooked relationship between claim construction and patent assertion entities (patent “trolls”), finding that claim construction problems and trends benefit patent assertion entities. First, the Federal Circuit’s deep divide over the proper approach to claim construction creates uncertain patent scope, which is widely recognized as a core reason for the success of patent assertion entities. Second, case law and commentary increasingly endorse an approach to claim construction that relies on the “general meaning” in the technical field with limited reliance on the patent itself, which benefits patent assertion entities by increasing the breadth and uncertainty of …

The Unconscionable War On Moral Conscience, Michael Stokes Paulsen

Notre Dame Law Review

My thesis in this review builds on and is inspired in part by George’s book: Where, or to the extent that, a conflict between conscience and authority reduces to a pure stand on principle by each side—sincere conscience for its sake versus authority for its—in a free society conscience should almost always win. The only time that claims of government authority should triumph over genuine claims of religious conscience is when religiously motivated conduct would produce essentially intolerable harm to others—harm of a kind and degree that would lead one to conclude (in effect, not literally) that it is inconceivable …

Military Mothers And Claims Under The Federal Tort Claims Act For Injuries That Occur Pre-Birth, Tara Willke

Notre Dame Law Review Reflection

In order to right a longstanding wrong perpetrated against military mothers and their children, the Court should grant review in Ortiz v. United States ex rel. Evans Army Community Hospital. Part I of this Essay provides a brief discussion of the FTCA and the Feres doctrine. Part II discusses the facts and holding in Ortiz and its rejection of the approaches taken in other circuits involving pregnant service members and pre-birth injuries, which has caused a clear split in the circuits. Part III argues that these types of claims are not subject to the Feres doctrine because pregnancy and …

The Emergence Of Contextually Constrained Purposivism, Michael C. Mikulic

Notre Dame Law Review Reflection

This Case Comment first outlines the various methods of statutory construction used by the Supreme Court throughout its history, leading up to the Court’s implementation of contextually constrained purposivism in King v. Burwell. It then provides a summary of the facts and procedural history of King, thereby setting the stage to explain how the Court invoked contextually constrained purposivism. Finally, the Case Comment discusses some of the positive and negative implications of the approach.

Ohio V. Clark , Peter M. Torstensen Jr.

Notre Dame Law Review Reflection

The heart of the debate over the purpose of the Confrontation Clause is the manner in which confrontation was intended to secure a defendant’s rights—either through procedural fairness or ensuring evidentiary reliability. The eventual direction the Supreme Court takes will depend, in large part, on which of these visions of the Confrontation Clause ultimately prevails. Michigan v. Bryant marked a potential step in the direction of the Ohio v. Roberts vision, and Ohio v. Clark does not appear to have departed from the course set in Bryant. Thus, while Crawford v. Washington marked a sea change in the Court’s confrontation …

The Big Data Jury, Andrew Guthrie Ferguson

Notre Dame Law Review

Big data technologies now exist to create algorithmically perfect jury pools matching the demographic realities of a community. Big data technologies also exist to provide litigants a wealth of personal information about potential jurors. The question remains whether these technological innovations benefit the jury system. This Article addresses the disruptive impact of big data on jury selection and the dilemma it presents to courts, lawyers, and citizens.

The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham

Notre Dame Law Review

The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on the …

Federalism And State Marijuana Legislation, Dean M. Nickles

Notre Dame Law Review

An increasing number of states have passed legislation legalizing medical and recreational marijuana. This Note provides a survey of the language utilized by these states in their legislation and legislative materials, searching for and highlighting those purposes and intentions of the states, which implicate, explicitly or implicitly, federalism. Through this survey of mostly primary source materials, various trends and similarities among the materials will be apparent, and this Note will provide a useful resource for those trying to understand why the states may have enacted these laws.

The Runaway Wagon: How Past School Discrimination, Finance, And Adequacy Case Law Warrants A Political Question Approach To Education Reform Litigation, Anthony Bilan

Notre Dame Law Review

Courtroom battles surrounding school finance and adequacy claims are very much alive today, nearly forty years after their progenitor, Serrano v. Priest. In spawning a potential new chapter in this history, a trial court in California struck down its state’s battalion of teacher tenure and employment laws under a legal analysis based in the education quality that those laws provided. This “landmark” case, Vergara, is generating conversation that its results could be duplicated throughout the nation. In a format familiar to school finance litigation, the Vergara court found that the state’s tenure statutes so detrimentally affected teaching that …

Originalist Or Original: The Difficulties Of Reconciling Citizens United With Corporate Law History, Leo E. Strine Jr., Nicholas Walter

Notre Dame Law Review

In this Article, we focus on a specific question raised by Citizens United, which is whether the Supreme Court’s decision can be justified solely by application of the originalist method of constitutional interpretation, or whether it can only be explained by giving substantial weight to a more modern, evolved understanding of the relevant constitutional provisions. We conclude that however Citizens United is rationalized, it cannot be defended solely or primarily as the product of a disciplined application of the originalist method of constitutional interpretation. Because Citizens United takes a view at odds both with the historical understanding of business …

Ndls Update 03/28/2016, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

Ndls Update 03/21/2016, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

Mmu: 03/21/16–03/27/16, Student Bar Association

Monday Morning Update

MMU 25: The Bear(sic) Bones

• Barrister Ball Ticket Sales and Song Requests
• Father Mike is Wednesday at Legens at 7:30
• ABA Mental Health Awareness Week is Next Week

3/21 Food Menu

3/22

• Food Menu
• President Brown of the ABA
• ABA Accreditation Site Team Presentation

3/23

• Food Menu
• FPAC: Defense vs. Prosecution
• SBA 2016-2017 Elections Informational Meeting

3/24 Food Menu

3/25 closed

Ndls Update 03/14/2016, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events and opportunities for Law School faculty and staff.

Mmu: 03/14/16–03/20/16, 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.

Brief Of The Catholic University Of America School Of Canon Law, The Lutheran Church-Missouri Synod, The Queens Federation Of Churches, And The Serbian Orthodox Church In North And South America, As Amici Curiae In Support Of Petitioners, Richard W. Garnett, David H. Hyams

Court Briefs

This brief addresses the importance of the principle of church autonomy and the protections provided by the First and Fourteenth Amendments and this Court's precedents regarding religious denominations' internal mandatory dispute-resolution procedures.

Justice Brandeis And Substantive Due Process, Barry Cushman

Journal Articles

This brief essay, prepared for the Touro Law Center and Jewish Law Institute conference, “Louis D. Brandeis: An Interdisciplinary Retrospective,” examines the substantive due process jurisprudence of Justice Brandeis.

Ndls Update 02/29/2016, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events and opportunities for Law School faculty and staff.

Mmu: 02/28/16–03/05/16, 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.

Ndls Update 02/22/2016, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.