Law Commons^™

Russia-Ukraine: Resolving The World’S Most Dangerous Conflict, Mary Ellen O'Connell

NDLS in the News

Since late 2021, Russia has massed around 100,000 troops on the border with Ukraine, raising the specter of another use of force against its neighbor. The Russia-Ukraine crisis began in earnest in February 2014, when Russian troops spread out from their Black Sea naval base to take control of the Crimean Peninsula. Russia put forward a variety of familiar legal justifications at the time—intervention by invitation, humanitarian intervention, restoration of Russian borders, and self-defense. In my analysis, none of these attempts came close to excusing a serious violation of the United Nations Charter Article 2(4) prohibition on the use of …

Note: Trust In The Digital Marketplace: Amazon, Third-Party Sellers, And Informational Fiduciaries, Jesse-Paul Crane

Notre Dame Journal on Emerging Technologies

The rise of e-commerce has created a number of online marketplaces where digital platforms connect buyers and sellers. Consumers use platforms like Amazon, Etsy, Instacart, Uber, Lyft, and Airbnb to purchase goods and services from third parties while the platform itself takes a fee for operating the marketplace. Online platforms are not the only businesses that use such a “two-sided” marketplace model. The Supreme Court recently addressed antitrust concerns in this type of marketplace in Ohio v. Am. Express Co. 1 Two-sided markets invoke a number of novel legal issues that impact both those who buy and sell over them, …

Note: Self-Regulation By The Private Industry And Its Effectiveness In Today's Online Environment, Stephanie Wong

Notre Dame Journal on Emerging Technologies

Over 30 years ago, self-regulation served as a hopeful potential regulatory framework that would allow private companies to provide effective privacy protections for consumers. The aspiration for a data protection self-regulation regime arose due to the emergence and development of online commercial activity. E-commerce benefited companies that conducted business online but presented new challenges for the protection of consumer data. The Federal Trade Commission encouraged companies that collect consumer data to develop their own forms of self-regulation to protect the personal data of online consumers. If properly implemented, self-regulation promised efficient reorganization of privacy protections to meet the challenges of …

Notre Dame Lawyer Connect: February 2022, Notre Dame Law School

Notre Dame Lawyers Connect

ND Law students, faculty and staff serve others on Martin Luther King Jr. Day

Dean Cole speaks at Notre Dame’s annual Walk the Walk Week prayer service

Justice Barrett to speak at symposium for Law Review’s federal courts issue

Events

• 2022 BLSA Alumni Spring Weekend
• How are you a different kind of lawyer for the world?
• Save the date: 2022 Homecoming

Student News - Meet the Intellectual Property Law Society’s officers for 2021-22 academic year

Alumni Notes

• Joe Donnelly
• Anne-Marie D’Angelo
• Daljit Doogal
• Heather McManus

Brief Of Amici Curiae Christian Medical & Dental Associations And Coptic Medical Association Of North America In Support Of Defendants' Motions To Dismiss, John A. Meiser, Francesca M. Genova, Christopher J. Schweickert

Court Briefs

No. 3:21-cv-06654-VC
Lonny Shavelson v. California Department of Health Care Services

From the Argument

Whether and to what extent doctors should be allowed to participate in intentionally ending the lives of their patients is one of the most important questions in public bioethics. The vast majority of states allow no physician participation at all. California is one of nine states that have passed laws allowing physicians to “assist” a patient’s suicide by making lethal drugs available. But each stops there. No state allows what the plaintiffs in this case now demand: that doctors be allowed to actively euthanize patients by …

Book Reviews: Lisa Ford, The King’S Peace: Law And Order In The British Empire, Christian R. Burset

Journal Articles

The British Empire experienced a profound transformation in the later eighteenth century. From 1688 until the 1760s, Britain governed its colonies by balancing executive power with strong legislatures, restricting the military’s role in everyday policing, and tolerating only a limited divergence between colonial and metropolitan law. That model of empire collapsed during the Age of Revolutions, as Britain moved “from colonial self-government to autocratic rule,” accepted martial law as a routine instrument of colonial peacekeeping, and embraced a “massive legal divergence” between Britain and its colonies—even when it came to basic liberties like freedom from arbitrary arrest.

Mmu: 01/31/22–02/06/22, 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: Briana Soltani-Flynn

2Ls Taking Ls: Phenia Hovsepyan

Ask a 3L: Kelley Guerra

Ndls Communicator: Week Of 01.31.22, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law’s Program on Church, State & Society receives a transformational gift
• Randy Kozel publishes a new paper
• A.J. Bellia to present a paper at a conference at the University of San Diego
• Roger Alford mentioned in Committee on the Judiciary Hearings
• Emily Bremer publishes new paper
• Felicia Caponigri publishes article and co-edited Symposium in the International Journal of Constitutional Law
• Jimmy Gurulé writes op-ed for Indianapolis Star
• Mary Ellen O’Connell discusses Russia-Ukraine crisis
• Carter Snead speaks about his book on two podcasts
• Lloyd Mayer to present at ABA Midyear Tax Meeting
• Diane Desierto and Carter Snead …

Introductory Address: Justice Dumisa Buhle Ntsebeza, Tladi Marumo

NDLS in the News

Justice Dumisa Ntsebeza — a renowned South African lawyer, former acting judge, and current justice of the African Court on Human and Peoples’ Rights — visited Notre Dame Law School as the Distinguished Global Jurist in Residence from January 21 to February 1.

Justice Ntsebeza made significant contributions toward ending the apartheid system and establishing a democratic society in South Africa. He earned his law degree while serving a five-and-a-half-year sentence in prison for political activism. Upon his release in the 1980s, he became a human rights lawyer for apartheid victims and political prisoners.

Visiting Assistant Professor of Law Tladi …

Mmu: 01/24/22–01/30/22, 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: Olla Jaraysi

2Ls Taking Ls: Andrew Scarafile

Ask a 3L: Livinus Isioma

Ndls Communicator: Week Of 01.24.22, Notre Dame Law School

NDLS Communicator

The Latest News

• U.S. Supreme Court Justice Amy Coney Barrett to speak at ND Law Review symposium
• ND Law holds first Martin Luther King Jr. Day of Service
• Dean Cole spoke at ND's Walk the Walk Week prayer service on Tuesday.
• In celebrating MLK Day, students consider what it means to be a ‘beloved community’
• ND Law Review Reflections publishes articles in remembrance of Professor John Nagle
• Mary Ellen O'Connell quoted in the news
• Shurtleff v. Boston Supreme Court Case
• Lloyd Mayer quoted by Associated Press
• Jimmy Gurulé in USA Today
• Carter Snead was one of the speakers at Notre …

Walk The Walk Week 2022 Candlelight Prayer Service, Marcus Cole, Pete Mccormick, C.S.C., John Jenkins, C.S.C.

2019–Present: G. Marcus Cole

The annual MLK Day Candlelight Prayer Service brought members of the Notre Dame community together to reflect on Dr. King's legacy and pray for an end to racism, inequality and injustice in our communities, nation, and world.

Dean G. Marcus Cole Speaks At Walk The Walk Week Prayer Service, Marcus Cole

2019–Present: G. Marcus Cole

Amid the glow of hundreds of candles in the rotunda of Notre Dame’s Main Building, Joseph A. Matson Dean and Professor of Law G. Marcus Cole spoke at the University’s 2022 Walk the Walk Week prayer service on January 18.

His remarks are a call to action for all to combat racism.

Perma.cc

Ndls Communicator: Week Of 01.18.22, Notre Dame Law School

NDLS Communicator

The Latest News

• In Shurtleff v. Boston, Supreme Court must determine whether religious voices deserve a place in the public square
• Mary Ellen O'Connell publishes new paper
• Carter Snead to participate in seminar series
• Sherif Girgis participates in panel discussion about Dobbs case
• Rick Garnett speaks on religious freedom and the Constitution

Student News

• Congratulations to 2L Emma Hildebrand, who just ended her two-year run as Miss Quincy (Illinois).

Events

• Tuesday, January 18: Faculty Colloquium, Marcus Cole, 12:30 p.m., Faculty Meeting Room
• January 18-23 In observance of Martin Luther King Jr. Day, the University's Walk the Walk Week is sponsoring …

Mmu: 01/17/22–01/23/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Sport Report by Davis Lovvorn

1L of the Week: Ally Morcus

2Ls Taking Ls: Matthew Delfino

Ask a 3L: Kayleigh Verboncoeur

Mmu: 01/10/22–01/16/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Sport Report by Davis Lovvorn

1L of the Week: Haley Palmer

2Ls Taking Ls: Joshua Lacoste

Ask a 3L: Cesar Estrada

Ndls Communicator: Week Of 01.10.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Rev. David Link, Dean Turned Priest, Lived Life of Faith and Compassion
• Mark Telloyan appointed St. Joseph Superior Court judge
• Archbishop Tutu and the People Left in the Dust
• Judy Fox cited in op-ed by Judge John Broden
• Lloyd Mayer quoted in the news
• Jimmy Gurulé on Bloomberg Law podcast

Student News

• Zachary Pohlman ’21 J.D. wins prestigious legal writing award

Events

• Monday, January 10: Classes begin
• Tuesday, January 11: Gavel Club Meeting for student groups, 12:30 p.m., 1130 Eck Hall of Law
• Wednesday, January 12: Faculty meeting, 12:30 p.m., Faculty Meeting Room
• Monday, January 17: Martin …

2022–2023 Bulletin Of Information, Notre Dame Law School

Bulletins of Information

CONTENTS

• Admissions Information
• Academic Calendar
• Tuition and Fees
• Academic Requirements
• Off-Campus Programs
• Senior Administrative Leadership
• Hoynes Code

Corporal Punishment In The United States: Abolishment Under The Civil Rights Act Of 1964, Caroline J. Capili

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Evaluating Legal Needs, Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Tag: You Are It! How Amending Garment Labeling Requirements Is A First Step Towards Transparency In The Fashion Industry, Betina A. Baumgarten

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Sitting Ducks And Title Vi Of The Civil Rights Act: Preventing The Siting Of New Prisons Near Harmful Pollutants, Jessa Webber

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Deinstitutionalization Or Transinstitutionalization? Barriers To Independent Living For Individuals With Intellectual And Developmental Disabilities, Katherine Cienkus

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

After Further Review: Towards A Rebuttable Presumption In Favor Of Ballot Validity, Devin Humphreys

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Natural Law Ethics Of Public Health Lockdowns, Eric C. Ip

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

We Interrupt Your Broadcast [Ban] To Bring You [Greater Access]: New Consideration For Rule 2.17 During A Pandemic, Marcus A. Mcghee

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Getting Into Equity, Samuel L. Bray, Paul B. Miller

Journal Articles

For two centuries, common lawyers have frequently talked about a “cause of action.” But “cause of action” is not an organizing principle for equity. This Article shows how a plaintiff gets into equity, and it shows equity is shaped by the interplay of its remedial, procedural, and substantive law. Equity is adjectival, related to law rather than the other way around. Remedies, not rights, are what give it power. And for getting into equity, it is the grievance that is central. To insist on an equitable cause of action is to work a fundamental change in how a plaintiff gets …

Who Is Wise Among You?, Bruce R. Huber

Journal Articles

Bruce Huber, Professor of Law at Notre Dame Law School, provides the eleventh and last essay in Notre Dame Law Review Reflections' special issue in memory and honor of John Copeland Nagle, also a Professor of Law at Notre Dame Law School, whom he considered a friend and colleague.

Nominal Damages As Vindication, Sadie Blanchard

Journal Articles

A recent Supreme Court decision inspired a resurgence of interest in an old mystery: how can nominal damages vindicate a plaintiff for past harm? The Court relied on the longstanding common law practice of entitling a plaintiff to sue for violation of her rights, even without demonstrating harm in fact, and to recover nominal damages. Courts have long asserted that awarding nominal damages in such suits vindicates the plaintiff. But they have not explained just how awarding $1 provides vindication, and serious observers scoff at the idea that it does. This Article offers a theory of vindication through nominal damages …

Taking Justification Seriously: Proportionality, Strict Scrutiny, And The Substance Of Religious Liberty, Stephanie H. Barclay, Justin Collings

Journal Articles

Last term, five Justices on the Supreme Court flirted with the possibility of revisiting the Court’s First Amendment test for when governments must provide an exemption to a religious objector. But Justice Barrett raised an obvious, yet all-important question: If the received test were to be revised, what new test should take its place? The competing interests behind this question have be-come even more acute in light of the COVID-19 pandemic. In a moment rife with lofty rhetoric about religious liberty but riven by fierce debates about what it means in practice, this Article revisits a fundamental question common to …