Law Commons^™

Revising The Federal Rules Of Civil Procedure: Carving Out A More Active Role For Congress, Michael Vitiello

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Looking Beyond The Profit And Into The Light: Consumer Financial Protections And The Common Good, Veryl V. Miles

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Who Should Police Politicization Of The Doj?, Bruce A. Greene, Rebecca Roiphe

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Justice Department And The Rule Of Law, Jonathan Kravis, Jessie K. Liu

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Appeal Waivers: When Must They Be Raised?, Nicole A. Paige

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Praxis And Pluralism: Countering Bias In The Constitutional Concept Of Religion, Elon S. Swartz

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Administrative Adjudicators’ Extrajudicial Statements, Bernard W. Bell

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Growing Divide Over Criminal Justice Between President Obama’S Supreme Court Appointees, Daniel Harris

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Holmesian Persons And The Administrative State, R. George Wright

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Ali-Cle Scholarship And Leadership Award 2014–2021, Notre Dame Law School

Student, Faculty, and Staff Awards

In recognition for being one of the up to five graduates in this Law School class who best represents a combination of scholarship and leadership, the qualities embodied by the American Law Institute.

Lawyer Ethics For Innovation, Renee K. Jefferson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Professionalization Of Compliance: Its Progress, Impediments, And Outcomes, James A. Fanto

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Rising Popularity Of The Right To Counsel In Eviction Cases: Rationales Supporting It And Legislation Providing It, Natalie D. Fulk

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Taking A Positive Approach To Government Ethics, Ann B. Ching

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Reforming The Office Of Legal Counsel, Barry Sullivan

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Truthfulness And The Rule Of Law, W. Bradley Wendel

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Guantanamo Military Commission: The Mca 2009 As A Violation Of International Law, Mary-Kate Poulin

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Thinking Like A Lawyer About Legislation: Implementing Legislative Decision Theory Through Improved Citation, Hugh L. Brady

Journal of Legislation

The Texas Supreme Court in the late 1990s, in two significant cases, arguably interpreted statutes to achieve a result directly opposite to the Texas Legislature’s decision to adopt a specific text. Why do lawyers and judges struggle when reading and applying legislation, especially when using enactment history? Under Professor Victoria Nourse’s legislative decision theory, the struggle is attributable to the fact that lawyers do not consider the legislature’s institutional rules and procedures to find the proper text to interpret a statute in light of the available legislative evidence. Wider implementation of her theory is hampered by current legal citation practices …

Reforming And Clarifying Special Immigrant Juvenile Status, Brad Reynolds

Journal of Legislation

Special Immigrant Juvenile Status (“SIJS” or “SIJ status”) is a form of immigration relief for undocumented minor children who have been abused, abandoned, and/or neglected by one or both parents. Most applicants for SIJ status hail from the “Northern Triangle” countries of El Salvador, Honduras, and Guatemala, and have travelled thousands of miles, often alone and in dangerous conditions, to seek protection in the United States that one or both of their parents are unable or unwilling to provide them in their country of origin, typically from gangs.1 To ensure that the best interests of these children are protected, the …

Exclusionary Economic Zoning: How The United States Government Circumvented Prohibitions On Racial Zoning Through The Standard State Zoning Enabling Act, Michael Kim

Journal of Legislation

No abstract provided.

A More Reasonable Approach To Noncompete Employment Agreements In California, Lindsey Schmidt

Journal of Legislation

No abstract provided.

Legislatures Want To Unlockdown, But Courts Hold The Key: Resolution Of Executive And Legislative Disputes In Coronavirus Times, Brian Friery

Journal of Legislation

No abstract provided.

Litigation Analytics: A Framework For Understanding, Using & Teaching, Peter A. Hook

Journal Articles

This article, appearing in the American Association of Law Libraries bimonthly member magazine, provides a brief introduction (under 2000 words) to litigation analytics. It contains a definition, common uses of litigation analytics, a brief history, as well as why litigation analytics should be taught in law school. The author provides his framework for teaching and understanding litigation analytics which includes types of analytics, pivot points (perspectives from which the analytics may be understood), and contextualizes the various analytics offerings by insight-needs categories: (1) categorizing and clustering; (2) ordering, ranking, and sorting; (3) distribution; (4) comparison; (5) trends; (6) geospatial location; …

The New Formalism In Private Law, Paul B. Miller

Journal Articles

Private law scholarship is experiencing a reawakening in the United States with the rise of the New Private Law. New Private Lawyers have emphasized our common commitment to the scholarly interest and practical importance held by legal concepts; a belief that private law ought to be analyzed (in part) from an internal point of view; and a conviction that functionalist and conceptual analyses of private law doctrines, procedures and institutions are, or can be, complementary. We are also joined in criticism of aspects of American legal realism and in lament over some of its continuing legacies in private law. However, …

Footloose With Green Shoes: Can Underwriters Profit From Ipo Underpricing?, Patrick M. Corrigan

Journal Articles

Why are green shoe options used in initial public offerings (IPOs)? And why do underwriters usually short sell an issuer’s stock in connection with its IPO? Are underwriters permitted to profit from these trading positions?
/="/">
/="/">Scholars have long argued that underwriters use green shoe options together with short sales to facilitate price stabilizing activities, and that U.S. securities laws prohibit underwriters from using green shoe options to profit from IPO underpricing. This Article finds the conventional wisdom lacking. I find that underwriters may permissibly profit from IPO underpricing by pairing purchases under a green shoe option with offshore …

The Right To Development, Integral Human Development, And Integral Ecology In The Amazon, Diane A. Desierto, Ilaria Schnyder Von Wartensee

Journal Articles

From the Article

This article discusses the reorientation of environmental protection in Amazonia away from the paradigm of individual and collective natural resource management of regional or global commons, to the more radical thesis of Integral Ecology as the vindication of human dignity, environmental stewardship and collective responsibility - a concept deeply related to the Church's own pioneering of Integral Human Development as the 'authentic development development of every person and of the whole person'. Under the concept of integral Ecology, we argue that this expressive elaboration of the Catholic Church's core social teaching of Integral Human Development ultimately hearkens …

Fiduciary Judgment Rules, Julian Velasco

Journal Articles

Because of the strong moral rhetoric and robust equitable remedies available in fiduciary law, it is not surprising to find lawyers and legal scholars seeking to expand the reach of fiduciary law principles into new relationships and new areas of law. However, expansion often does not work very well because of the demanding and pervasive nature of fiduciary duties. Thus, jurists often turn to the business judgment rule and its policy of underenforcement of fiduciary duties as a way to fit fiduciary law principles into other areas of law. The problem with this approach is that it is based on …

Measuring The Art Of International Law, Mary Ellen O'Connell

Journal Articles

Social science methodology is a useful adjunct to law, but it cannot replace the humanist ideas that constitute law. Scholars developed social science at the end of the nineteenth century and were soon using it to measure and assess material facts associated with far older intellectual disciplines like law. They have been able to confirm facts about such issues as the origins and impact of law. These studies rely, however, on a humanist definition of the object of the study. Humanist methods reveal that law is the result of transcendent concepts developed through natural law method. By the early twenty-first …

Roe And Casey Were Grievously Wrong And Should Be Overruled, Charles J. Cooper, Richard W. Garnett, Peter A. Patterson, Brian W. Barnes, John D. Ohlendorf

Journal Articles

This essay, based on an amicus curiae brief filed in the Dobbs case, explains that the Roe and Casey decisions were "grievously wrong", that no traditional stare decisis considerations weigh in favor of retaining them, and that they should be overruled.

A Bully Pulpit Approach To Elections In The Early Biden Administration, Derek T. Muller

Journal Articles

From the Article

2020 yielded innovation to administer an election during a pandemic, high voter participation, divisive social media maelstroms, and extraordinary doubt cast by the losing presidential candidate on the results, all culminating in a riot at the Capitol during the counting of electoral votes. Election disputes looked bad in 2016, but they appear to have become even worse. Election law has attracted President Joe Biden's attention, but much less in legislative reforms and much more in the bully pulpit to advance his agenda.