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Full-Text Articles in Law

Best Of Live Chats: Marcus Cole - What Makes A Notre Dame Lawyer Different, Marcus Cole, Lou Nanni Mar 2022

Best Of Live Chats: Marcus Cole - What Makes A Notre Dame Lawyer Different, Marcus Cole, Lou Nanni

2019–Present: G. Marcus Cole

Highlight from Lou Nanni's Conversation with G. Marcus Cole, the Joseph A. Matson Dean of Notre Dame Law School.


Mmu: 03/14/22–03/20/22, Student Bar Association Mar 2022

Mmu: 03/14/22–03/20/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Lilla in London

Sport Report by Davis Lovvorn

1L of the Week: Scott Holben

2Ls Taking Ls: Max Nikitas

Ask a 3L: Caroline Capilli


Role Reversal: Can Dad Stay Home While Mom Goes To Work? An Analysis Of Maternity And Parental Leave In The United Kingdom And European Union Through Principles And Treaties Of International Human Rights Law, Bridget Rose Mar 2022

Role Reversal: Can Dad Stay Home While Mom Goes To Work? An Analysis Of Maternity And Parental Leave In The United Kingdom And European Union Through Principles And Treaties Of International Human Rights Law, Bridget Rose

Notre Dame Journal of International & Comparative Law

No abstract provided.


Parliament And The Brexit Process: The Battle For Constitutional Supremacy In The United Kingdom, Stephen Tierney Mar 2022

Parliament And The Brexit Process: The Battle For Constitutional Supremacy In The United Kingdom, Stephen Tierney

Notre Dame Journal of International & Comparative Law

No abstract provided.


The Uk’S Basic Structure Doctrine: Miller Ii And Judicial Power In Comparative Perspective, Erin F. Delaney Mar 2022

The Uk’S Basic Structure Doctrine: Miller Ii And Judicial Power In Comparative Perspective, Erin F. Delaney

Notre Dame Journal of International & Comparative Law

No abstract provided.


Masthead, Journal Of International & Comparative Law, Notre Dame Law School Mar 2022

Masthead, Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.


The Future Of U.S. Data Privacy: Lessons From The Gdpr And State Legislation, Vanessa Perumal Mar 2022

The Future Of U.S. Data Privacy: Lessons From The Gdpr And State Legislation, Vanessa Perumal

Notre Dame Journal of International & Comparative Law

No abstract provided.


Letter From The Editor, Ijeoma Oti Mar 2022

Letter From The Editor, Ijeoma Oti

Notre Dame Journal of International & Comparative Law

No abstract provided.


The Constitutional Dynamics Of Brexit, Richard Ekins Mar 2022

The Constitutional Dynamics Of Brexit, Richard Ekins

Notre Dame Journal of International & Comparative Law

No abstract provided.


Ndls Communicator: Week Of 03.14.22, Notre Dame Law School Mar 2022

Ndls Communicator: Week Of 03.14.22, Notre Dame Law School

NDLS Communicator

The Latest News

  • U.S. Department of Justice awards grant to ND Law’s Exoneration Justice Clinic
  • Women Lead 2022: Maria Maciá
  • Religious Liberty Clinic files amicus brief in Supreme Court religious expression case
  • Sherif Girgis publishes papers on religious liberty
  • Avishalom Tor to present at Bar-Ilan University
  • Roger Alford writes for the Kluwer Arbitration Blog
  • Emily Bremer publishes new article
  • Veronica Root Martinez participates in Duty and Diversity Roundtable
  • Jimmy Gurulé interviewed by NBC News
  • Judy Fox given Drum Major for Community Service Award

Student News

  • Exoneration Justice Clinic welcomes law and undergraduate students as interns
  • Program on Church, State and …


Mmu: 04/11/22–04/17/22, Student Bar Association Mar 2022

Mmu: 04/11/22–04/17/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Lilla in London

Sport Report by Davis Lovvorn

1L of the Week: Andrew Athenson

2Ls Taking Ls: Carol Graffeo

Ask a 3L: Henry Lay


All God's Children: Ministry To The Lgbt Community In The Age Of Francis, Marcus Cole, Joe Copora, C.S.C., Bob Loughery, C.S.C. Mar 2022

All God's Children: Ministry To The Lgbt Community In The Age Of Francis, Marcus Cole, Joe Copora, C.S.C., Bob Loughery, C.S.C.

2019–Present: G. Marcus Cole

On March 3, 2022, the LGBT Law Forum and ND Law's Office of Diversity, Equity & Inclusion hosted a conversation on the importance of LGBT inclusivity in the mission and spirit of Catholicism. The discussion focused on the evolving position of LGBT individuals within the Catholic Church under Pope Francis' leadership.


Brief Of Amicus Curiae Notre Dame Law School Religious Liberty Initiative In Support Of Petitioner, Nicole Stelle Garnett, Richard W. Garnett Iv, Francesca Genova Matozzo, Steven A. Engel, Michael H. Mcginley Mar 2022

Brief Of Amicus Curiae Notre Dame Law School Religious Liberty Initiative In Support Of Petitioner, Nicole Stelle Garnett, Richard W. Garnett Iv, Francesca Genova Matozzo, Steven A. Engel, Michael H. Mcginley

Court Briefs

No. 21-418
Joseph A. Kennedy v. Bremerton School District

On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Summary of Argument

This case offers the Court a much-needed opportunity to resolve the longstanding confusion caused by its conflicting and erroneous interpretations of the Establishment Clause. Although recent decisions clarify that the government may not suppress private religious expression, the Court has yet to clear away an undergrowth of older precedents that are often read to suggest the opposite. Rather than permit those outdated decisions to persist and perpetuate confusion, the Court should …


Classification Of Indigenous Data Sovereignty And Data Privacy: Indigenous And Common Law Patterns, Tang (Cindy) Tian Mar 2022

Classification Of Indigenous Data Sovereignty And Data Privacy: Indigenous And Common Law Patterns, Tang (Cindy) Tian

Journal Articles

On February 23, 2022, Jolande Goldberg, Senior Law Classification Specialist at the Library of Congress, gave a presentation for the Legal Cataloging Forum on the classification aspect of indigenous data sovereignty entitled Information & Data: Information Society and Personal Rights & Interests. A Review of Indigenous, Common & Civil Law Classification Patterns. In this presentation, Jolande discussed the changes and updates proposed to Library of Congress Classification K schedules for works on data sovereignty and information privacy. The presentation covered an extensive discussion on the subject matter including terminology, relationships, and hierarchies in the classification schedules (both global and regional …


Ndls Communicator: Week Of 02.28.22, Notre Dame Law School Feb 2022

Ndls Communicator: Week Of 02.28.22, Notre Dame Law School

NDLS Communicator

The Latest News

  • Mary Ellen O'Connell on the Russian invasion of Ukraine
  • A Tribute to Rev. David Thomas Link, Dean Emeritus
  • Judy Fox receives Dr. Martin Luther King, Jr. Drum Major Community Service Award
  • Diane Desierto writes for EJILTalk!
  • Sam Bray publishes new article
  • Nicole Garnett interviewed in Chalkbeat
  • Matthew D. Lahey, who was an adjunct professor at ND Law, has been named Vice President, General Counsel and Secretary of Oberlin College.

Student News

  • Congratulations to 3L Kathryn Pflug on earning a scholarship from the National Association of Former United States Attorneys Foundation.

Alumni News

  • ND Law alum Kelly Huggins …


Mmu: 02/28/22–03/06/22, Student Bar Association Feb 2022

Mmu: 02/28/22–03/06/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Lilla in London

Sport Report by Davis Lovvorn

1L of the Week: Sachit Shrivastav

2Ls Taking Ls: Christopher Russell

Ask a 3L: Brendan O'Leary


72nd Annual Showcase Moot Court Argument, Notre Dame Law School Feb 2022

72nd Annual Showcase Moot Court Argument, Notre Dame Law School

Annual Moot Court Showcase Argument

The 72nd Annual Moot Court Showcase Argument was held Friday, February 25 at 2:00 PM in the McCartan Courtroom located in Eck Hall of Law.

The Moot Court's Showcase Team presented their oral arguments in front of an esteemed panel of judges: Judge Kelly of the Tenth Circuit, Judge Kirsch of the Seventh Circuit, and Judge Kness of the Northern District of Illinois.

The oralists included Vincent Gangemi, Ross D’Entremont, Sydney Imes, and Zahraa Nasser.

The brief writers included Meghan Dalton and Reid Edwards.


Brief Of Amici Curiae Eparchy Of Our Lady Of Lebanon Of Los Angeles And The Orthodox Church In America In Support Of Appellee's Petition To Transfer, John A. Meiser Feb 2022

Brief Of Amici Curiae Eparchy Of Our Lady Of Lebanon Of Los Angeles And The Orthodox Church In America In Support Of Appellee's Petition To Transfer, John A. Meiser

Court Briefs

No. 22S-CP-302
Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc.

Court of Appeals Case No. 21A-CP-00936

Appeal from the Marion Superior Court 1

Trial Court Case No. 49D01-1907-PL-027728

The Honorable Lance Hamner, Special Judge

From the Summary of Argument

This case challenges a decision that is manifestly ecclesiastical: a directive from the Archbishop of Indianapolis regarding what policies a religious school must follow in order to be faithfully Catholic and to remain formally part of his Archdiocese. That is a question of exclusively religious concern. In the religious traditions of the Archdiocese and amici, it is a question which …


Mmu: 02/21/22–02/27/22, Student Bar Association Feb 2022

Mmu: 02/21/22–02/27/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Lilla in London

Sport Report by Davis Lovvorn

1L of the Week: Hubert Ning

2Ls Taking Ls: Monica Bell

Ask a 3L: Matt Miller


Ndls Communicator: Week Of 02.21.22, Notre Dame Law School Feb 2022

Ndls Communicator: Week Of 02.21.22, Notre Dame Law School

NDLS Communicator

The Latest News

  • U.S. Supreme Court Justice Amy Coney Barrett returned to ND Law last week to deliver the keynote address at the Notre Dame Law Review's 2022 Federal Courts Symposium.
  • Lloyd Mayer interviewed on the Giving Review
  • Sam Bray and Paul Miller publish a new article
  • Emily Bremer writes for Yale Journal on Regulation
  • Diane Desierto writes for EJIL:Talk!
  • When It Comes to Clarence Thomas, Who Reflects Whom?
  • Veronica Root Martinez presents at WLU Law
  • Avishalom Tor co-hosts conference in Tel Aviv
  • Warren Rees publishes new book
  • Dean Cole and Max Gaston hosted a Black History Month panel last …


2022 Black History Month Panel Discussion, Black Law Students Association, Notre Dame Law School Feb 2022

2022 Black History Month Panel Discussion, Black Law Students Association, Notre Dame Law School

BLSA Videos

On February 16, 2022, a panel of Notre Dame Lawyers discussed the sources of their inspiration, overcoming challenges, advice for law students and young attorneys, and what it means to be a “different kind of lawyer.”

Moderator: - Max Gaston ’13 J.D., Director of Diversity, Equity & Inclusion at Notre Dame Law School

Panelists: G. Marcus Cole, Joseph A. Matson Dean & Professor of Law at Notre Dame Law School; Alvin McKenna ’66 J.D., Counsel to the Firm at Porter Wright in Columbus, Ohio; Judge Ann Clair Williams ’75 J.D., Of Counsel at Jones Day in Chicago, Retired Judge, U.S. …


2022 Black History Month Panel Discussion, Marcus Cole, Alvin Mckenna, Judge Ann Clair Williams, Paris Mayfield, Max Gaston Feb 2022

2022 Black History Month Panel Discussion, Marcus Cole, Alvin Mckenna, Judge Ann Clair Williams, Paris Mayfield, Max Gaston

2019–Present: G. Marcus Cole

On February 16, 2022, a panel of Notre Dame Lawyers discussed the sources of their inspiration, overcoming challenges, advice for law students and young attorneys, and what it means to be a “different kind of lawyer.”


Brief Of Amici Curiae International Law Scholars In Support Of Petitioners, Beatrice Lindstrom, Tyler R. Giannini, Diane A. Desierto Feb 2022

Brief Of Amici Curiae International Law Scholars In Support Of Petitioners, Beatrice Lindstrom, Tyler R. Giannini, Diane A. Desierto

Court Briefs

No. 21-995
Budha Jam v. International Finance Corporation

On Petition For Writ Of Certiorari To The United States Court Of Appeals For The District Of Columbia Circuit

From the Summary of Argument

The animating purpose of the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1602-1611 (1976), is to remove immunity and preferential treatment for sovereign entities when they engage in private conduct such as commercial activity. In other words, sovereigns acting as private actors should be treated as private actors. The decision below undermines this raison d’être of the FSIA while raising an important and unsettled question: whether a …


Mmu: 02/14/22–02/20/22, Student Bar Association Feb 2022

Mmu: 02/14/22–02/20/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Lilla in London

Sport Report by Davis Lovvorn

1L of the Week: Elaine Kim

2Ls Taking Ls: Alexa Schykerynec

Ask a 3L: Marley Mullery


Ndls Communicator: Week Of 02.14.22, Notre Dame Law School Feb 2022

Ndls Communicator: Week Of 02.14.22, Notre Dame Law School

NDLS Communicator

The Latest News

  • ND London Law Program hosting largest group of students in program’s history
  • Sam Bray and Paul Miller's article reviewed
  • Notre Dame experts reflect on aspects of the Olympics, from athletic performance to human rights violations
  • Super Bowl sex trafficking myth is harmful, expert says
  • Notre Dame community weighs in on Russia, Ukraine tensions
  • Mark Telloyan sworn in as St Joseph Superior Court judge

Student News

  • Congratulations to 2L Dillon Yang who was elected president of the National Asian Pacific American Law Student Association

Events

  • Monday, February 14: Law Review Symposium: The Nature of the Federal Equity Power, …


Mmu: 02/07/22–02/13/22, Student Bar Association Feb 2022

Mmu: 02/07/22–02/13/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Lilla in London

Sport Report by Davis Lovvorn

1L of the Week: Margarete Tompkins

2Ls Taking Ls: Christian Saint-Vil

Ask a 3L: Andraya Flor


Ndls Communicator: Week Of 02.07.22, Notre Dame Law School Feb 2022

Ndls Communicator: Week Of 02.07.22, Notre Dame Law School

NDLS Communicator

The Latest News

  • Religious Liberty Clinic files amicus brief in California euthanasia case
  • Mary Ellen O’Connell published in European Journal of International Law
  • Sherif Girgis published in Georgetown Journal of Law & Public Policy
  • Roger Alford's testimony quoted in New York Post article
  • Avishalom Tor presented at Hebrew University of Jerusalem
  • Lloyd Mayer quoted in Texas Tribune
  • Mary Ellen O’Connell discusses Russia-Ukraine crisis

Student News

  • Nicholas D'Andrea was named the next editor-in-chief of the Notre Dame Law Review

Events

  • Monday, February 7: International Internship Flash Panel with International Fund for Agricultural Development in Rome, Italy, 10 a.m., Zoom
  • Tuesday, February …


The "Prime Factors" Of Quantum Cryptography Regulation, Lindsay Rand, Theodore Rand Feb 2022

The "Prime Factors" Of Quantum Cryptography Regulation, Lindsay Rand, Theodore Rand

Notre Dame Journal on Emerging Technologies

This Article asserts cryptography to be a critical starting point, as it could be a task for limited scope quantum computers with severe consequences. This Article surveys the risks of quantum computers to encryption and the applicable policy and legal levers to address concerns. As this Article shows, lawmakers must reassess regulations for the exportation of cryptographic products for the quantum regime. For example, current export regulations focus on bit length–which quantum cryptography directly undermines. Further, current controls prevent dispersion of physical products, while a rapidly growing amount of classical and, particularly quantum, computing now takes place “on the cloud.” …


Breakfast With Q-A-Mom: Understanding & Combatting The Stealth Threat Of Women Engaged With Digital Domestic Terrorist Organizations, Leah A. Plunkett Feb 2022

Breakfast With Q-A-Mom: Understanding & Combatting The Stealth Threat Of Women Engaged With Digital Domestic Terrorist Organizations, Leah A. Plunkett

Notre Dame Journal on Emerging Technologies

This essay proceeds in three parts. It provides (1) a high-level description of what QAnon is and who the Q-A-Moms are; (2) an analysis of how and why women join QAnon, importing the general “quest for personal significance” framework (characterized by “need[s], network, and narrative”) from researchers in psychology to legal scholarship for this specific query into Q-A-Moms; and (3) an initial thought challenge to building the solution space for combatting the threat Q-A-Moms pose. This approach takes the core of the Facebook Supreme Court model (creating new quasi-judicial and law enforcement structures within the private digital sector to address …


Big Proctor: Online Proctoring Problems And How Ferpa Can Promote Student Data Due Process, Elana Zeide Feb 2022

Big Proctor: Online Proctoring Problems And How Ferpa Can Promote Student Data Due Process, Elana Zeide

Notre Dame Journal on Emerging Technologies

When the pandemic forced schools to shift to remote education, school administrators worried that unsupervised exams would lead to widespread cheating. Many turned to online proctoring technologies that use facial recognition, algorithmic profiling, and invasive surveillance to detect and deter academic misconduct. It was an “epic fail.”. Intrusive and unproven remote proctoring systems turned out to be inaccurate, unfair—and often ineffectual. The software did not account for foreseeable student diversity, leading to misidentification and false flags that disadvantaged test-takers from marginalized communities. Educators implemented proctoring software without sufficient transparency, training, and oversight. As a result, students suffered privacy, academic, reputational, …