Law Commons^™

Class Action Squared: Multistate Actions And Agency Dilemmas, Elysa M. Dishman

Notre Dame Law Review

As the Supreme Court continues to restrict the reach of private class actions, numerous commentators have championed public enforcement actions by state attorneys general (AGs) as a superior alternative to hold corporations accountable for misconduct. While AG actions fill some of the void left by the forced retreat of the private class action, few scholars have seriously considered whether the agency problems that exist in private class actions also occur in AG actions. And, until now, no scholar has recognized the unique agency problems that arise when AGs act together in multistate actions.

Multistate actions are made up of two …

Mmu: 11/09/20–11/15/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is Monday thru Friday 7:30-4:00. Daily Specials.
• Free Coffee from the SBA until noon
• CDO Announcements
• Note from Kresge Law Library
• Spring Semester Externships Information
• SBA Store
• Mass Schedule
• Paws and Take a Break with Dogs
• Free Coffee Fridays by the CDO
• Mindfulness Mythbusters
• The Fighting Irish versus Boston College--Go Irish!

Resources and Updates

• Legal Writing Center
• The Current Students Section of the NDLS Website
• Health & Wellness Information
• Free Professional Headshots
• NDLS News Recommendations
• SBA Dropbox
• COVID Corner

A Message from the Editor

1L of the Week: AJ Stautz

3LOL: …

Mmu: 11/02/20–11/08/20, Student Bar Association

Monday Morning Update

General Announcements and Reminders

• Crossings is Monday thru Friday 7:30-4:00. Daily Specials.
• Free Coffee from the SBA until noon
• CDO Announcements
• London Law Program Town Hall
• Note from Kresge Law Library
• SBA Store
• Parliament and the Brexit Process: the battle for constitutional supremacy in the United Kingdom
• Catholics and the 2020 Election
• LexisNexis 1L Quick Tips Series: Statutory Research Tips
• Election Day
• Mass Schedule
• LexisNexis 2L/3L Quick Tips Series: Practical Guidance Tools for Transactional Practice
• Just Global Health: Integrating Human Right and Common Goods
• Representing Jacob Blake: A Conversation with Patrick Salvi II, ‘07 J.D. & Sunny Hostin, ‘94 J.D. …

Diversity And Inclusion Update, Student Bar Association

Dignity, Solidarity, and Subsidiarity Resources

Learn more about the University's relationship with the Potawatomi and other Native American groups.

Brief Of The Muslim Public Affairs Council, Religious Freedom Institute's Islam And Religious Freedom Action Team, And Asma Uddin, Stephanie Barclay

Court Briefs

No. 20-A90
Agudath Israel of America v. Andrew M. Cuomo

Including the Motion for Leave to File Amicus Curiae Brief in Support of Applicant by the Muslim Public Affairs Council, Religious Freedom Institute's Islam and Religious Freedom Action Team, and Asma Uddin (i–iii).

From the Summary of Argument

Since ancient times, peoples around the world have symbolically vested the perceived wrongdoings of their community onto “scapegoats,” who are sacrificed in the hope that those wrongdoings will be expiated, and the hard times will pass. Too often, religious minorities have served as scapegoats in times of sickness, war, and fear—from Jews …

Brief Amicus Curiae Of The Muslim Public Affairs Council, Religious Freedom Institute's Islam And Religious Freedom Action Team, And Asma Uddin In Support Of Plaintiffs-Appellants And Reversal, Stephanie Barclay

Court Briefs

No. 20-3572-CV
Agudath Israel of America v. Andrew M. Cuomo

On appeal from the United States District Court for the Eastern District of New York, No. 1:20-cv-04834-KAM

From the Argument:

Since ancient times, peoples around the world have symbolically vested the perceived wrongdoings of their community onto “scapegoats,” who are sacrificed in the hope that those wrongdoings will be expiated, and the hard times will pass. Too often, religious minorities have served as scapegoats in times of sickness, war, and fear—from Jews during the Black Death, to Jehovah’s Witnesses During WWII, to Muslims after 9/11. Latest in a long and …

Mmu: 10/26/20–11/01/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is Monday thru Friday 7:30-4:00. Daily Specials.
• CDO Announcements
• Note from Kresge Law Library
• SBA Store
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• IP Lecture Series: Professor Anjali Vats
• Religious Freedom in Flux: A Conversation about Recent U.S. Supreme Court Ruling and its Upcoming Term
• Mass Schedule
• Clinic Information Session
• Advocating for Ethics in Government
• London Town Hall
• Going to Court as a Survivor
• A Conversation with Judge Amul Thapar
• International Law and Diplomacy
• Catholic Education, the Supreme Court, and School Choice
• Wrongfully Convicted: The Story of Patrick Pursley
• NEED TO TALK? Mike Urbaniak is …

How Congress Can Help Raise Vaccine Rates, Dorit Rubinstein Reiss, Y. Tony Yang

Notre Dame Law Review Reflection

2019 saw an unusually high number of measles cases, and other preventable disease outbreaks, at least in part linked to vaccines refusal. States are considering legislative responses. This Essay examines what role the federal government can fill in increasing vaccines rates. The Essay suggests that the federal government has an important role to fill in funding research, coordination, and local efforts. It also suggests that a federal school vaccine mandate is likely not the solution: first, such mandates can run into plausible constitutional challenges, and second, there are policy arguments against it. The policy contentions include the unfairness of imposing …

Brief Of The Muslim Public Affairs Council, Religious Freedom Institute's Islam And Religious Freedom Action Team, And Asma Uddin As Amicus Curiae In Support Of Plaintiffs, Stephanie H. Barclay

Court Briefs

No. 1:20-cv-01284-GLS-DJS, Hon. Gary L. Sharpe
Yitzchok Lebovits v. Andrew M. Cuomo

From the Summary of Argument

Since ancient times, peoples around the world have symbolically vested the perceived wrongdoings of their community onto “scapegoats,” who are sacrificed in the hope that those wrongdoings will be expiated, and the hard times will pass. Too often, religious minorities have served as scapegoats in times of sickness, war, and fear— from Jews during the Black Death, to Jehovah’s Witnesses During WWII, to Muslims after 9/11. Latest in a long and troubling line of such incidents are the statements and policies of Governor …

Mmu: 10/19/20–10/25/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is Monday thru Friday 7:30-4:00. Daily Specials.
• CDO Announcements
• Note from Kresge Library
• Pure Barre @ NDLS
• Koru Mindfulness for Law Students
• International Pronouns Day
• SBA Store
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• IP Lecture Series: Professor K.J. Greene
• Daily Mass Schedule
• Book Discussion: White Fragility
• LexisNexis 2L/3L Quick Tips Series: State Law Research
• ADR Careers in the US Panel
• School Vouchers in the Age of COVID-19
• Virtual Tailgate: Buffalo
• 1,000 Days, 1,000 Homes
• Successful Negotiations: Best Practices and Pitfalls to Avoid
• Higher Education Law Panel
• 1L Exam Information Session
• Virtual Tailgate: New York …

Mmu: 10/12/20–10/18/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is Monday thru Friday 7:30-4:00. Daily Specials.
• CDO Announcements
• Restoration Week
• Koru Mindfulness for Law Students
• SBA Store
• LexisNexis Office Hours
• RBG and the Environment: A Talk with Professor Huber
• Debunking 1L Myths
• IP Lecture Series: Professor Robert Brauneis
• Mentorship Program Introduction
• Dress for Success
• Daily Mass Schedule
• Working In-House at a Hospital System - NDLS Alum Katy Baum
• Environmental Justice
• LexisNexis 1L Quick Tips Series: Terms & Connectors Searching
• The Excessive Use of Force at Home and Abroad
• IP Lecture Series: Professor K.J. Greene
• Virtual Tailgate: Louisville and Nashville
• Free …

Mmu: 10/05/20–10/11/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is open Monday thru Friday 7:30-4:00 with daily specials
• CDO Announcements
• Graduate Student Appreciation Week
• Koru Mindfulness for Law Students
• NDLS Running Group: Race to the Court
• Message from the Notre Dame Environmental Law Society
• Last Chance to Purchase WLF T-Shirts
• SBA Store
• LexisNexis Office Hours
• Coronavirus and the Curtailment of Religious Liberty: A Global Review
• Leadership Counsel on Legal Diversity (LCLD) Opportunities: 1L Scholars & Mentoring Programs
• Daily Mass Schedule
• IP in Practice Series: Fashion and Counterfeits with Jacqueline Brosseau, Greenberg Taurig, LLP
• The Battle for Barrett: The Supreme Court …

2020–2021 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

Celebrating Hispanic Heritage Month, Student Bar Association

Dignity, Solidarity, and Subsidiarity Resources

Learn more about the Hispanic and Latino community.

Notre Dame Lawyers Connect: October–November 2020, Notre Dame Law School

Notre Dame Lawyers Connect

Top Story: Amy Coney Barrett '97 J.D. sworn in as U.S. Supreme Court justice

Faculty News: ND Law says farewell to retiring faculty

• Former Dean Patricia O'Hara
• Professor John Finnis
• Research Librarian Dwight King
• Research Librarian Warren Rees

Upcoming Event: Representing Jacob Blake: A Conversation with Patrick Salvi II and Sunny Hostin

Loan Repayment Assistance Program applications due November 1

Student News: Women's Legal Forum Newsletter

Alumni Notes

• Alexa Baltes
• W. Scott Hardy
• Jackie B. Wilson II

Giving to Notre Dame: Order of St. Thomas More

Mmu: 09/28/20–10/04/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is opening Thursday, October 1 for coffee and grab and go food.
• CDO Announcements
• Free Professional Headshots
• Employment Opportunity: Research Assistant
• Wanted: High School Mock Trial Coach
• SBA Store
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• Public Interest Month: Litigating for Liberty
• Advice to the Next President on Addressing Racial Justice: Notre Dame Students Speak Out
• Daily Mass Schedule
• LexisNexis: Wish I Knew When I Was A 1L: A Panel of 2Ls and 3Ls Imparting Valuable Advice
• Schooling in the Pandemic: Perspectives from Across America
• Free Speech and Social Media: A Conversation with Professors Volokh …

Fruit Of The Poisonous Lemon Tree: How The Supreme Court Created Offended-Observer Standing, And Why It's Time For It To Go, Joseph C. Davis, Nicholas R. Reaves

Notre Dame Law Review Reflection

Can individuals who observe what they consider to be offensive government speech or conduct sue to stop it? Typically not—absent additional evidence of a direct and particularized injury. Yet in one area of the law, the fundamental requirements of Article III (limiting federal standing to actual “cases” or “controversies”) are relaxed: the Establishment Clause. At least ten circuits have held that the mere observation of a display containing religious content (the Ten Commandments, a cross, a menorah, and the like) on public property suffices to create an injury-in-fact that opens the doors to federal court.

This Essay addresses the continued …

Mmu: 09/21/20–09/27/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is closed until further notice. However, the GrubHub app is a great way to see what's available on campus and order ahead for pickup.
• CDO Announcements
• Free Professional Headshots
• Employment Opportunity: Research Assistant
• Writing Competitions
• The Current Students Section of the NDLS Website
• SBA Store
• LexisNexis Office Hours
• What is IP & Meet the IP Professors
• Deloitte Info Session
• Public Interest Month: Bringing Justice to the Criminal Courts
• Revisiting Don't Ask, Don't Tell: A Conversation with Eric Alva
• Daily Mass Schedule
• Resume Workshops
• Public Interest Month: Civil Rights Firms
• Hot Properties …

Mmu: 09/14/20–09/20/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is closed until further notice. However, the GrubHub app is a great way to see what's available on campus and order ahead for pickup.
• CDO Announcements
• ABA Mental Health Toolkit
• SBA Store
• Daily Mass Schedule
• LexisNexis Office Hours
• Resume Workshops all week
• Public Interest Month: State Prosecution
• IP Lecture Series: Professor Margo Bagley from Emory
• ND Supreme Court Review: The Roberts Court in OT 2019
• Public Interest Month: Representing the State
• Global Spotlight Lecture Series, Finding Fault; Doctrine and Difficult Questions in Law
• Public Interest Month: Guardian Ad Litem/Friend of the …

Mmu: 09/07/20–09/13/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings is closed until further notice. However, the GrubHub app is a great way to see what's available on campus and order ahead for pickup.
• CDO
• 1L Lexis Training
• NDLS Running Club
• Student Writing Contest
• SBA Store
• LexisNexis Office Hours
• Daily Mass Schedule
• Resume Workshops
• WLF - Lunchtime Zoom with Kilby Macfadden
• Notes of Encouragement for Hope Ministries
• Diversity Clerkship Conversations
• How to 1L
• IP in Practice Series: Ben Sheffner, Motion Picture Association, Inc.
• Notes of Encouragement for Hope Ministries
• An International Introduction to Standard Essential Patents
• Reframing Your Attitude: Check Yourself …

Diversity & Inclusion Update, Student Bar Association

Dignity, Solidarity, and Subsidiarity Resources

Asians, Native Hawaiians, and other Pacific Islanders and the legal profession.

Mmu: 08/31/20–09/06/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings: Is closed until Wednesday, Sept. 2, when it will open again for grab-n-go snacks and coffee served from the cash stand.
• Daily Mass Schedule
• CDO Announcements
• Galilee
• 1L Lexis Training
• SBA Store
• LexisNexis Office Hours
• LexisNexis 1L Quick Tip Training: Case Briefs & Bluebook Citation Help
• LGBTQ+ Allyship Training
• Environmental Law Society
• Education Law Forum (ELF) First Meeting
• BLSA MINDful Training

• Legal Writing Center
• Health & Wellness Information
• COVID Corner

A Message from the Editor

1L of the Week: Bethany Hohnstein

3LOL: Lauren LeVan

Covid-19 And Domestic Travel Restrictions, Katherine Florey

Notre Dame Law Review Reflection

The strict controls that many jurisdictions, including most U.S. states, established to contain the COVID-19 pandemic have proven difficult to sustain over time, and most places are moving to lift them. Internationally, many plans to ease lockdowns have retained some form of travel restrictions, including the “green zone” plans adopted by France and Spain, which limit travel between regions with widespread community transmission of COVID-19 and those without it. By contrast, most U.S. states lifting shelter-in-place orders have opted to remove limits on movement as well. This Essay argues that this situation is unwise: it tends to create travel patterns …

Behavioral Lessons For Antitrust Enforcement, Avishalom Tor

Faculty Lectures and Presentations

These are lecture slides to accompany a virtual lecture.

Avishalom Tor, professor and director of the Research Program on Law and Market Behavior at Notre Dame Law School, delivered this lecture to lawyers and economists of the Department of Justice’s antitrust division in Washington D.C. and throughout the country in the summer of 2020.

The lecture provides a systematic review of the lessons empirical behavioral findings offer to antitrust law, enforcement, and policy. Professor Tor introduces key findings of behavioral antitrust and explores their implications for doctrine and enforcement across the field, in areas ranging from horizontal restraints, through …

Mmu: 08/24/20–08/30/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings: Closed this week.
• CDO is offering "walk-in" hours via Zoom, Monday through Friday, 12:45-4:45 p.m.
• Daily Mass Schedule
• Galilee City Group Meet & Greets via Zoom
• SBA Store
• LexisNexis Office Hours
• LexisNexis 2L/3L Training
• International Human Rights Society First General Meeting
• IP Legal Market Today: Notes and Observations
• CDO Introductions to the 1L Class
• Panel Discussion: "What is Alternative Dispute Resolution?"
• Intellectual Property Law Society (IPLS) First Meeting & 1L Elections
• The Future of Privacy, from Ireland to America
• The American Constitution Society Fall Kickoff Meeting
• ND Law in Chicago Informational …

Mmu: 08/17/20–08/23/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings: This week will only be grab-n-go from the refrigerator. Coffee from the cash stand only.
• CDO has "walk-in hours" via Zoom, Monday through Friday, 12:45-4:45 p.m.
• Daily Mass Schedule
• Virtual Student Club Fair
• SBA Meeting
• Women's Legal Forum First Meeting
• Federalist Society Open House (Wednesday and Friday)
• Notre Dame Exoneration Project First Meeting
• Building an Anti-Racist Vocabulary

Resources and Updates

• Legal Writing Center
• Health & Wellness Information
• COVID Corner

A Message from the Editor

3LOL: Paris Mayfield

Mmu: 08/10/20–08/16/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Attention 1Ls, please sign up for your Irishlink account!
• Crossings: This week will only be grab-n-go from the refrigerator. Coffee from the cash stand only.
• Welcome Back Packet Pick Up
• Daily Mass Schedule
• First General Professionals Professors Panel
• Virtual Student Club Fair on Wednesday, Thursday, and Friday

Resources and Updates

• Legal Writing Center
• Health & Wellness Information
• COVID Corner

A Message from the Editor

1L of the Week: Jennifer Sutterer

3LOL: Keith Ongeri, SBA President

The Hoynes Code, Notre Dame Law School

Hoynes Code

A COMPILATION OF FACULTY RESOLUTIONS AND ADMINISTRATIVE REGULATIONS GOVERNING NOTRE DAME LAW SCHOOL

This code governs legal education at the University of Notre Dame in all programs and in all locations. Requirements for the LL.M. and J.S.D. degree are included in the appendices.

Diversity & Inclusion Update, Student Bar Association

Dignity, Solidarity, and Subsidiarity Resources

Introducing the LGBTQ+ law school affinity group.

Racism Is A Life Issue Panel Discussion, Marcus Cole, Katrina Jackson, Ernest Morrell, Gloria Purvis, Jacqueline Rivers, Benjamin Watson, Carter Snead

2019–Present: G. Marcus Cole

Jul 28, 2020

A moderated discussion on racism and the culture of life with distinguished panelists G. Marcus Cole (Dean, Notre Dame Law School), Sen. Katrina Jackson (Louisiana State Senate), Ernest Morrell (University of Notre Dame), Gloria Purvis (EWTN Global Catholic Radio), Jacqueline Rivers (Harvard University), and Benjamin Watson (NFL Legend).