Law Commons^™

The Potential Impact Of Climate Change Litigation On Government Policy, Fon Bisalbutr

Notre Dame Journal of International & Comparative Law

No abstract provided.

“A Mad And Melancholy Record”: The Crisis Of International Law Histories, Vasuki Nesiah

Notre Dame Journal of International & Comparative Law

No abstract provided.

Lecture By John Tasioulas: Just Global Health: Integrating Human Rights And Common Goods., Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Art Of Economic War: Cultural Property Import Tariffs As Foreign Policy, Catherine Braun

Notre Dame Journal of International & Comparative Law

No abstract provided.

Hearing Before The United States Senate Committee On Homeland Security & Governmental Affairs: Examining D.C. Statehood, Derek T. Muller

Congressional Testimony

Originally published by the United States Senate Committee on Homeland Security & Governmental Affairs

Perma.cc

Copy of Testimony

Perma.cc

Ndls Communicator: Week Of 06.14.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Law School to host inaugural Notre Dame Religious Liberty Summit on June 28-29
• Nury Turkel to receive first Notre Dame Prize for Religious Liberty
• Lloyd Mayer was quoted by CNN and Law 360
• Rick Garnett writes for National Catholic Register
• Jimmy Gurulé talks to USA Today

Student News

• Notre Dame Law School announces the class of 2021 awards
• Andrew ‘Ross’ D’Entremont receives Lardy Award
• Bernardo Pulido Márquez receives Kellogg Institute Award

Around the Watercooler

• Congratulations to Molly Bellia and the Saint Joe High School Girls Tennis Team!
• Happy Birthday - Mary Juckett

Ndls Communicator: Week Of 06.01.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Photos and Recording of the Diploma and Hooding Ceremony
• Nicole Garnett and recent graduate Daniel Judge, '21 J.D., essay cited in Catholic News Agency
• Patrick Corrigan's article on IPO pricing cited in SEC order
• Mark Telloyan was quoted in The Indiana Lawyer\

Faculty News

• Patrick Corrigan is presenting his paper, "Why DO IPO Issuers Systematically Underestimate Initial Maximum Pricing Range Estimates? An Underwriter Agency Cost and Passive Manager Explanation," at the Canadian Economics Association Annual Meeting on June 5.

Alumni News

• Kathaleen McCormick '04 J.D. leading Delaware Court of Chancery

Around the Water Cooler

• Staff Prayer of …

Brief For Amici Curiae Andrea K. Bjorklund, Diane Desierto, And Franco Ferrari In Support Of Petitioners-Appellants And Reversal, James E. Berger, Charlene C. Sun, Diane Desierto, Anread K. Bjorklund, Franco Ferrari

Court Briefs

No Date for Oral Argument Has Been Set

No. 20-7113
Hulley Enterprises Ltd. v. Russian Federation

On appeal from the United States District Court for the District of Columbia, No. 14-1996 (BAH)

From the Summary of the Argument

Staying enforcement of an arbitral award pending a decision by a court in the place of arbitration is unusual; staying enforcement of an arbitral award for more than six years is almost unheard-of.⁶ The continued stay of proceedings in this case ignores the fact that arbitral awards are presumptively enforceable; non-enforcement is the exception rather than the rule.

----------

⁶ See …

Ndls Communicator: Week Of 05.24.21, Notre Dame Law School

NDLS Communicator

The Latest News

• 2021 Diploma and Hooding Ceremony
• ND Law names 2021 Shaffer Public Interest Fellows
• ND Law names two 2021 Bank of America Foundation Fellows
• Program on Ethics, Compliance & Inclusion starts summer fellowship program
• ND Law Journal of Legislation attracts notable experts to discuss ethics in public policy
• Global Lawyering in Practice: Alumni worldwide speak to students in virtual events during the Spring 2021 semester
• Rick Garnett quoted in Indianapolis Star and writes article for Our Sunday Visitor
• Mark McKenna quoted by Business Insider
• Patrick Thomas quoted by KY3 News
• Carter Snead quoted by Wall Street Journal and …

176th University Of Notre Dame Commencement Program, University Of Notre Dame

Commencement Programs

The Commencement Program includes

• Schedule of Events
• Graduate School Commencement Ceremony
• Mendoza College of Business
• School of Architecture
• Law School Diploma & Hooding Ceremony [see pages 36–39]
• University Commencement Exercises
• College of Arts and Letters Diploma Ceremony
• College of Science Diploma Ceremony
• College of Engineering
• Mendoza College of Business Diploma Ceremony
• School of Architecture
• Valedictorian Candidates
• 2021 Emeriti Faculty
• Honor Societies
• Awards and Prizes [Law School pages 86–87]

Care In The Time Of Covid: Addressing The State Of Family And Medical Leave In Light Of The Covid-19 Pandemic, Emily Kowalik

Journal of Legislation

No abstract provided.

Incidental Burdens On First Amendment Freedoms, Charles F. Capps

Notre Dame Law Review Reflection

The Supreme Court is currently reconsidering the question when, if ever, the Free Exercise Clause requires exemptions to neutral laws of general applicability. This Essay proposes an answer that is based on the idea—which this Essay labels the “Principle of Consistency”—that the First Amendment requires comparable levels of protection for speech and religious exercise. Other scholars applying the Principle of Consistency have discussed the implications of United States v. O’Brien, which prescribed intermediate scrutiny for incidental burdens on speech, for the problem of exemptions under the Free Exercise Clause. But no one has discussed the implications of two lines …

Outsourcing Privacy, Ari Ezra Waldman

Notre Dame Law Review Reflection

An underappreciated part of the narrative of privacy managerialism—and the focus of this Essay—is the information industry’s increasing tendency to outsource privacy compliance responsibilities to technology vendors. In the last three years alone, the International Association of Privacy Professionals (IAPP) has identified more than 250 companies in the privacy technology vendor market. These companies market their products as tools to help companies comply with new privacy laws like the General Data Protection Regulation (GDPR), with consent orders from the Federal Trade Commission (FTC), and with other privacy rules from around the world. They do so by building compliance templates, pre-completed …

The Corporate Transparency Act: A Step Toward Broken Shells, Brendan O'Leary

Journal of Legislation

No abstract provided.

Cultural Heritage Law Between Truth And Power: Law's Evolution And Our Collective Cultural Interest In An Informational Economy, Felicia Caponigri Jd, Phd

Notre Dame Law Review Reflection

Julie Cohen’s book, Between Truth and Power, analyzes our shift to an informational economy, the increasing presence of networked infrastructures that contest our traditional rule-of-law framework, and the important role transnational governance institutions play in this context. As subject-matter examples of the shift to an informational economy, Cohen spotlights labor, land, and money and inspires us to think about how tangible goods have become dematerialized and intangible and then reified again as information and how legal entitlements shape our complex interactions with these newly complex properties. Taking inspiration from Cohen’s spotlight on labor, land, and money, this Essay proposes …

Introduction, Mark P. Mckenna

Notre Dame Law Review Reflection

Julie Cohen’s Between Truth and Power is, as Orly Lobel writes, a “dazzling tour de force” that “asks us to consider the new ways powerful actors extract valuable resources for gain and dominance.” As she has done so frequently, Cohen takes an incredibly complex story and weaves together a comprehensive narrative that changes the entire framing of legal questions. Agree or disagree with her diagnoses, no one who seriously engages this book will ever think about regulation in the information economy the same way.

In January 2020 (seemingly a lifetime ago, given what 2020 would bring), we gathered leading thinkers …

Biopolitical Opportunities: Between Datafication And Governance, Orly Lobel

Notre Dame Law Review Reflection

Julie Cohen’s dazzling tour de force Between Truth and Power asks us to consider the new ways powerful actors extract valuable resources for gain and dominance. Cohen in particular warns that “the universe of personal data as a commons [is] ripe for exploitation.” Cohen writes that “if protections against discrimination, fraud, manipulation, and election interference are to be preserved in the era of infoglut, regulators will need to engage more directly with practices of data-driven, algorithmic intermediation and their uses and abuses.” I read Between Truth and Power as not only a compelling account of the contemporary transformations of law …

Legislative Actions To Promote And Enforce Ethical Conduct In Government, Christine Todd Whitman

Journal of Legislation

No abstract provided.

Criminalizing Material Support To Domestic Terrorist Organizations: A National Security Imperative, Jimmy Gurulé

Journal of Legislation

No abstract provided.

Challenges Of Leadership In The Twenty-First Century, Leon Panetta

Journal of Legislation

No abstract provided.

Propaganda By Permission: Examining "Political Activities" Under The Foreign Agents Registration Act, Tarun Krishnakumar

Journal of Legislation

No abstract provided.

Vaccination Evasion: Legislating A Solution Through A Revised Vaccinate All Children Act Of 2019, Sophia C. Aguilar

Journal of Legislation

No abstract provided.

Mmu: 05/17/21–05/23/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is open Monday thru Friday 7:30-4:00. Daily Specials.
• Crossings is available through the Grubhub app
• CDO Announcements
• Study Rooms
• SBA Store
• Mass Schedule

Resources and Updates

• Legal Writing Center
• Prepare to Practice Consultations
• The Current Students Section of the NDLS Website
• Health & Wellness Information
• NDLS News Recommendations
• SBA Dropbox
• COVID Corner

A Message from the Editor

1L of the Week: Andrew Scarafile

3LOL: Michaela Larson

Ndls Communicator: Week Of 05.17.21, Notre Dame Law School

NDLS Communicator

The Latest News

• 2021 Hooding and Diploma Ceremony
• Notre Dame to resume study abroad for fall 2021
• Mark McKenna quoted in Business Insider

Faculty News

• Rick Garnett will be speaking at the Federalist Society Religious Liberty CLE on May 19.
• On May 7, Stephanie Barclay participated in "Contemporary Native Issues: Protecting Chi'chil Bildagoteel (Oak Flat)."

Upcoming Events

• Saturday, May 22: 12:00 p.m., Law School Diploma and Hooding Ceremony, Eck Baseball Stadium
• Sunday, May 23: 9:30 a.m., University Commencement Mass, Notre Dame Stadium
• 11:00 a.m. University Commencement Exercises, Notre Dame Stadium

Around the Watercooler

• Domer Dozen Nominations open
• Law School is …

Mmu: 05/10/21–05/16/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is open Monday thru Friday 7:30-4:00. Daily Specials.
• Crossings and Grubhub Partnership
• CDO Announcements
• 3Ls - Verify your information for Commencement
• Study Rooms
• SBA Store
• Mass Schedule
• Free Study Lunch! May 10 to May 12
• Last Day of Classes, May 11
• Reading Days, May 12 and May 13

Resources and Updates

• Legal Writing Center
• Prepare to Practice Consultations
• The Current Students Section of the NDLS Website
• Health & Wellness Information
• NDLS News Recommendations
• SBA Dropbox
• COVID Corner

A Message from the Editor

1L of the Week: Julia Fissore-O'Leary

3LOL: Sofia Skok

Ndls Communicator: Week Of 05.10.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Jimmy Gurulé was quoted by USA Today
• Jeff Pojanowski published article in Yale Law Review
• Christian Burset published article in Vanderbilt Law Review
• Stephanie Barclay quoted in Cronkite News
• Faculty News: Stephen Smith spoke as a featured presenter on the topic of Criminal Justice Reforms for the Biden Administration on April 26-30 at the National Association for Law Placement annual education conference and the Arizona Black Bar Association conference on February 17.
• Student News: Exoneration Justice Clinic names first postgraduate fellow
• Notre Dame Law places second in Midwest in USPTO Patent Application Drafting Competition
• Congratulations to 3L …

Mmu: 05/03/21–05/09/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is open Monday thru Friday 7:30-4:00. Daily Specials.
• Crossings and Grubhub Partnership
• CDO Announcements
• SBA Store
• Mass Schedule
• The Rise of Anti-Asian Violence: Taking a Stand
• Free Snacks! Provided by the International and Graduate Programs
• Graciela Olivarez Award
• Building an Anti-Racist Vocabulary: "Student Activism and Racial Justice"

Resources and Updates

• Legal Writing Center
• Prepare to Practice Consultations
• The Current Students Section of the NDLS Website
• Health & Wellness Information
• NDLS News Recommendations
• SBA Dropbox
• COVID Corner

A Message from the Editor

1L of the Week: Tom Haracz

3LOL: Razi Lane

Ndls Communicator: Week Of 05.03.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Rick Garnett discusses Supreme Court Case with Notre Dame News
• Veronica Root Martinez published "The Role of Norms in Modern-Day Government Ethics"

Faculty News

• "Protecting Oak Flat and Other Indigenous Sacred Places" hosted by Stephanie Barclay and featuring Michalyn Steele, Stephen Pevar, and Kristen Carpenter. A discussion about the importance of adequate protections for Indigenous sacred places in North America, along with the current fight to save Oak Flat was held on April 29.
• On April 21, Stephanie Barclay discussed some of the latest research on the intersection of religious freedom, economics, and equality with Elizabeth Sepper, …

Bivens And The Ancien Régime, Carlos M. Vázquez

Notre Dame Law Review

This Essay considers the relevance for Bivens claims of the Court’s shift to a nouveau régime to address the implication of private rights of action under statutes. Part I describes and assesses the Court’s reasons for shifting to the nouveau régime in the statutory context. Part II explains why the Court’s shift to a nouveau régime for implying damage remedies under federal statutes does not justify a similar shift with respect to constitutional remedies. The Constitution’s omission of specific remedies for violation of the Constitution’s substantive provisions does not reflect the Founders’ belief that such remedies are unnecessary to give …

Lessons For Bivens And Qualified Immunity Debates From Nineteenth-Century Damages Litigation Against Federal Officers, Andrew Kent

Notre Dame Law Review

This Essay was written for a symposium marking the fiftieth anniversary of the Supreme Court’s decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. As the current Court has turned against Bivens—seemingly confining it to three specific contexts created by Bivens and two follow-on decisions in 1979 and 1980—scholars and litigants have developed a set of claims to respond to the Court’s critique. The Court now views the judicially created Bivens cause of action and remedy as a separation-of-powers foul; Congress is said to be the institution which should weigh the costs and benefits …