Law Commons^™

Mmu: 04/27/20–05/03/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

A Little Lagniappe (In Louisiana it means "a little something extra".)

• We made it—our last week of classes. I can’t believe this year is finally coming to a close. And by year I really mean this semester because it feels like it’s lasted a lifetime!
• It has been an honor and a privilege serving you all as SBA Secretary for the 2019- 2020 year, and I thank you for giving me the opportunity. But I am delighted to pass on the legacy to Madame Secretary 2020-2021, Krystal Moczygemba!

Questions, Comments, or Concerns?

• Have questions regarding the …

#Nlawproud: G. Marcus Cole (Jd ’93), Marcus Cole

2019–Present: G. Marcus Cole

Apr 23, 2020

G. Marcus Cole (JD ’93) grew up in the Terrace Village housing projects in Pittsburgh, Pennsylvania. And even though he’d never met any lawyers, his parents and teachers were certain that’s what he was destined to be. Cole is now in his dream job, guiding the next generation of lawyers as the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

Mmu: 04/20/20–04/26/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

A Little Lagniappe (In Louisiana it means "a little something extra".)

• Well, we are slowly but surely approaching the end of this semester (THANK GOD!).

Questions, Comments, or Concerns?

• Have questions regarding the Law School's policies and protocols for the remainder of the semester? Got any suggestions on how to better the process?
• FAQ Submission Form

General Announcements

• University and Law School Information Pages
• NDLS Peer Support Group
• Health & Wellness Center
• From the CDO
• Christian Legal Society Morning Prayer

• During this difficult and uncertain time, let us answer Father Jenkins' call and continue …

Mmu: 04/13/20–04/19/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

A Little Lagniappe (In Louisiana it means "a little something extra".)

• I hope you all had a blessed and restful Easter Weekend!

Questions, Comments, or Concerns?

• Have questions regarding the Law School's policies and protocols for the remainder of the semester? Got any suggestions on how to better the process?
• FAQ Submission Form

General Announcements

• University and Law School Information Pages
• NDLS Peer Support Groups
• Health & Wellness Center
• WLF Elections
• 1L Moot Court Tournament
• From the CDO

Stay Connected...Spiritually!

• During this difficult and uncertain time, let us answer Father Jenkins' call and continue "to strengthen …

Mmu: 04/06/20–04/12/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

A Little Lagniappe (In Louisiana it means "a little something extra".)

• Another week down! At this point, it's been a month since we started on this whole quarantine-away-from-school venture (beginning with Spring Break). I feel like we're all slowly but surely getting the hang of this Zoom School of Law thing!

Questions, Comments, or Concerns?

• Have questions regarding the Law School's policies and protocols for the remainder of the semester? Got any suggestions on how to better the process?
• FAQ Submission Form

General Announcements

• University and Law School Information Pages
• IP Law Virtual Events
• From the …

Notre Dame Lawyers Connect: April 2020, Notre Dame Law School

Notre Dame Lawyers Connect

Top Story: Covid-19 Update

Leadership: Dean Cole feature in ND Magazine

Community: Faculty, staff donate to support students after Father Mike Show is canceled

Alumni Spotlight: Investigation by Tom Ajamie '85 J.D. was key to Harvey Weinstein's downfall

Staying Connected

• Lifelong friendships from the Class of 1968
• Class of 1975 holds virtual 45th reunion
• NDLA hosts panel discussions with 1Ls over Zoom

Alumni Notes

• Brian Neary
• Monica Bordas Schmucker
• Donovan S. Asmar
• Katherine Coba and Veronica Canton

Mmu: 03/30/20–04/05/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

A Little Lagniappe (In Louisiana it means "a little something extra".)

• Week one of Zoom class down--WE DID IT!

Questions, Comments, or Concerns?

• Have questions regarding the Law School's policies and protocols for the remainder of the semester? Got any suggestions on how to better the process?
• FAQ Submission Form

General Announcements

• University and Law School Information Pages
• ND Law in Chicago Info Meeting
• Moot Court Q & A
• IP Law Virtual Events
• Health & Wellness Center

Stay Connected...Spiritually!

• During this difficult and uncertain time, let us answer Father Jenkins' call and continue "to strengthen one …

Hesburgh Forum 2020 "From Success To Significance", Notre Dame Club, Chicago

1975–1999: David T. Link

This year’s Hesburgh Forum theme is “From Success to Significance”. Please join our club in welcoming David Link – Rev. Dean Link will present on how a person can advance from success to significance through service to those whom society regards as the least and the last. Fr. Link reviews the many blessings in his life (especially Notre Dame) that brought him to his true calling.

Mmu: 03/23/20–03/29/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

A Little Lagniappe (In Louisiana it means "a little something extra".)

• The MMU got a major face-lift in light of our new distanced learning.

Questions, Comments, or Concerns?

• Have questions regarding the Law School's policies and protocols for the remainder of the semester? Got any suggestions on how to better the process? Use the form provided by Associate Dean O'Rear.

General Announcements

• University and Law School Information Pages
• SBA Store Hours
• Health & Wellness Center

Stay Connected...Spiritually!

• I have included in this section links to livestreams of different masses and prayer services for you to tune …

Mmu: 03/02/20–03/08/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Daily Commons Menu Specials
• Daily Mass Schedule
• Morning Prayer with CLS
• SBA Store Hours
• Info Session: Everything You Need to Know About Experiential Learning
• Recruiting Tips from Jones Day
• Faith, Police, & the Discipline Matrix: A Teach-In
• White & Case: International Law Perspectives in BigLaw
• Tabling to Support Prisoners
• BLF and CDO Hosts Kirkland & Ellis Transactional Lawyers
• Black Lives Matter: A Teach-In
• 1L Moot Court Tournament Informational Session
• Notre Dame's Private Prison Investments: A Teach-In

General Announcements

• Writing Competition: The Warren E. Burger Prize
• Congratulations NDLS Transactional Team!
• Service Opportunity for South Bend Center for …

Block Change: The Fallacy Of Blockchain Immutability And Cartel Governance, Roberto D. Taufick

Notre Dame Journal on Emerging Technologies

The two most important works in blockchain and antitrust have been written by Professor Thibault Schrepel, both published in 2019. Schrepel’s works explain in detail how blockchain works and why consensus rules can help create opportunities for both unilateral abuses and collusion. In this article I rely on Professor Schrepel’s in-depth conceptual explorations of blockchain to limit the discussion of the use of the technology in conspiracies in restraint of trade, particularly cartels. This article complements Professor Schrepel’s observations by shedding light on how consensus rules can be built to automatically erase or create a hard fork for sensitive information …

Antitrust In The Blockchain Era, Giovanna Massarotto

Notre Dame Journal on Emerging Technologies

Similar to the Internet Era, which generated new value chains based on digital marketplaces, the blockchain has the potential to be the next cutting-edge technology that will revolutionize markets. Blockchain technology built on a consensus mechanism can make intermediaries [or third parties] unnecessary and reduce the market power of today’s centralized platforms. Antitrust enforcers should oversee the transformation of digital markets by means of blockchain technology to prevent anticompetitive conduct that might block the path to innovation. Using the Web as a reference model, a public blockchain could run on universal and open protocols, with goods and services traded in …

Note: Law And Technology: Online Legal Services That Help Bridge The Access-To-Justice Gap, Katelyn N. Ringrose

Notre Dame Journal on Emerging Technologies

This note explores various pro bono technologies available on the legal market as well as looks to how firms will conduct pro bono work in the future and what the drivers of change are within the industry. Addressing barriers to adopting certain technological offerings, as well as how those offerings can and should be evaluated, is important to finding aspects of legal technologies that can aid in solving legal problems. This note, in Part I, looks at the disruptive nature of online legal technologies before turning to state-specific reporting requirements, which sets the stage for how many hours are required …

Artificial Intelligence And The Problem Of Autonomy, Simon Chesterman

Notre Dame Journal on Emerging Technologies

Artificial intelligence (AI) systems are routinely said to operate autonomously, exposing gaps in regulatory regimes that assume the centrality of human actors. Yet surprisingly little attention is given to precisely what is meant by “autonomy” and its relationship to those gaps. Driverless vehicles and autonomous weapon systems are the most widely studied examples, but related issues arise in algorithms that allocate resources or determine eligibility for programs in the private or public sector. This article develops a novel typology of autonomy that distinguishes three discrete regulatory challenges posed by AI systems: the practical difficulties of managing risk associated with new …

The (Unfilled) Fintech Potential, Aluma Zernik

Notre Dame Journal on Emerging Technologies

Part I explores the idea that technology has the utopian potential to significantly improve the way individuals make financial decisions. Part II discusses some existing market failures, while presenting the potential of technological innovation in resolving such failures. Part III presents the realized potential of such innovative products, analyzing the design of credit card comparison websites, financial management tools, and mobile wallets. I will demonstrate the significant benefits of such products, and yet the limited realization of the potential advantages of such services. Part IV presents several explanations for why such potential is not being fully realized. These explanations may …

Fiduciary Injury And Citizen Enforcement Of The Emoluments Clause, Meredith M. Render

Notre Dame Law Review

The text of the Emoluments Clause provides no explicit enforcement mechanism, raising questions about who may enforce the Clause, and the mechanism by which it might be enforced. Is the Clause enforceable exclusively by collective action—such as an impeachment proceeding by Congress—or is it also enforceable by individual action—such as a private lawsuit? If the Emoluments Clause can be enforced by private action, who has standing to sue? In the absence of explicit textual guidance, a broader constitutional theory is required to render enforcement of the Clause coherent.

This Article presents that broader theory. The Article argues that the Emoluments …

Overcoming Legal And Institutional Barriers To The Implementation Of Innovative Environmental Technologies, David Strifling, Walter Mcdonald, Hannah Hathaway, Joe Naughton

Notre Dame Journal on Emerging Technologies

This paper examines the possible reasons that stormwater management system operators (typically municipalities) have generally been reluctant to adopt RTC technology.

Our interdisciplinary team of law faculty, engineering faculty, and graduate students from both disciplines studied dozens of examples involving RTC implementation in the United States and abroad. We also examined the literature detailing institutional barriers to RTC innovation. Finally, we reviewed numerous legal decisions related to municipal liability for stormwater management (or mismanagement).

From this foundation, we distilled several institutional and legal barriers that prevent municipalities from embracing this particular type of innovation. The paper suggests a variety of …

The Race To The Middle, William Magnuson

Notre Dame Law Review

How does federalism affect the quality of law? It is one of the fundamental questions of our constitutional system. Scholars of federalism generally fall into one of two camps on the question. One camp argues that regulatory competition between states leads to a “race to the bottom,” in which states adopt progressively worse laws in order to pander to powerful constituencies. The other camp, conversely, argues that regulatory competition leads to a “race to the top,” incentivizing states to adopt progressively better laws in the search for more desirable outcomes for their constituencies. Despite their apparent differences, however, both the …

Fisa Section 702: Does Querying Incidentally Collected Information Constitute A Search Under The Fourth Amendment?, Rachel G. Miller

Notre Dame Law Review Reflection

An inherent source of conflict in the United States exists between protecting national security and safeguarding individual civil liberties. Throughout history, Americans have consistently been skeptical and fearful of the government abusing its power by spying on Americans. In an effort to curtail government abuses through surveillance, President Carter and Congress enacted the Foreign Intelligence Surveillance Act of 1978 (FISA). The purpose of FISA was to establish a “statutory procedure authorizing the use of electronic surveillance in the United States for foreign intelligence purposes.” FISA provides the government with the authority to engage in electronic surveillance, targeted at foreign powers …

Public Rights After Oil States Energy, Adam J. Macleod

Notre Dame Law Review

The concept of public rights plays an important role in the jurisprudence of the Supreme Court of the United States. But as the decision in Oil States last Term revealed, the Court has often used the term to refer to three different concepts with different jurisprudential implications. Using insights drawn from historical and analytical jurisprudence, this Article distinguishes the three concepts and examines how each of them is at work in patent law. A precise reading of Oil States also bears lessons for other areas of law that implicate both private rights and duties and the administration of public, regulatory …

A Call For An International Governance Framework For Human Germline Gene Editing, Melanie Hess

Notre Dame Law Review

This Note will argue that human germline editing ought to be subject to a worldwide regulatory initiative contained in an international governance framework. It will touch on the justifications for the call for this agreed upon framework and discuss the current state of regulation of human germline editing, including norms and principles promulgated by international instruments and important statements on the topic. Finally, it will propose suggestions for the substance that an international governance framework should include and acknowledge the challenges in implementing such a framework.

Are Collateral Consequences Deserved?, Brian M. Murray

Notre Dame Law Review

While bipartisan passage of the First Step Act and state reforms like it will lead to changes in sentencing and release practices, they do little to combat the collateral consequences that exoffenders face upon release. Because collateral consequences involve the state’s infliction of serious harm on those who have been convicted or simply arrested, their existence requires justification. Many scholars classify them as punishment, but modern courts generally diverge, deferring to legislative labels that classify them as civil, regulatory measures. This label avoids having to address existing constitutional and legal constraints on punishment. This Article argues that although collateral consequences …

Into The Weeds: Modern Discrimination Law, Sandra F. Sperino

Notre Dame Law Review

Since the 1970s, the federal courts have created a number of frameworks to analyze discrimination claims. Each framework provides a roadmap for proving a certain theory of discrimination. Over time, the courts have added bells and whistles to these basic roadmaps. These court-created ancillary doctrines or subdoctrines require an ever-increasing amount of judicial attention.

While legal scholars have challenged the ancillary doctrines individually, this Article examines them collectively. When viewed collectively, it is easier to see how the system of creating and using ancillary doctrines is significantly flawed. Any benefits that derive from it are outweighed by its problems.

This …

The Supreme Court Bar At The Bar Of Patents, Paul R. Gugliuzza

Notre Dame Law Review

Over the past two decades, a few dozen lawyers have come to dominate practice before the U.S. Supreme Court. By many accounts, these elite lawyers—whose clients are often among the largest corporations in the world—have spurred the Court to hear more cases that businesses care about and to decide those cases in favor of their clients. The Supreme Court’s recent caselaw on antitrust, arbitration, punitive damages, class actions, and more provides copious examples.

Though it is often overlooked in discussions of the emergent Supreme Court bar, patent law is another area in which the Court’s agenda has changed significantly in …

Three Questions About "Stand Your Ground" Laws, Cynthia V. Ward

Notre Dame Law Review Reflection

Stand Your Ground laws, and the issues they generate, do raise serious questions about what constitutes justice in cases that give rise to claims of self-defense. In order to resolve those questions, we first need to understand what the self-defense doctrine actually says and how it was designed to work. It is necessary to specify the ways in which Stand Your Ground provisions do, and do not, affect that doctrine.

In this Essay I will raise three issues about Stand Your Ground and self-defense. In addressing these issues I will use Florida law as a template because the Stand …

The Traditions Of American Constitutional Law, Marc O. Degirolami

Notre Dame Law Review

This Article identifies a new method of constitutional interpretation: the use of tradition as constitutive of constitutional meaning. It studies what the Supreme Court means by invoking tradition and whether what it means remains constant across the document and over time. Traditionalist interpretation is pervasive, consistent, and recurrent across the Court’s constitutional doctrine. So, too, are criticisms of traditionalist interpretation. There are also more immediate reasons to study the role of tradition in constitutional interpretation. The Court’s two newest members, Justices Neil Gorsuch and Brett Kavanaugh, have indicated that tradition informs their understanding of constitutional meaning. The study of traditionalist …

Religious Liberty, Discrimination, And Same-Sex Marriage: Escaping The Obergefell Catch-22, Timothy Bradley

Notre Dame Law Review

This Note will explore the tension between Justice Kennedy’s words in Obergefell v. Hodges regarding the decent and honorable premises behind the judgment of many Americans that same-sex marriage is immoral (or, strictly speaking, impossible), and the treatment afforded to those who attempt to live out those supposedly decent and honorable beliefs in the public square—bakers, florists, photographers, pizza connoisseurs, and more. It will assess the relationship between religious liberty, freedom of speech, and antidiscrimination laws by focusing on issues in the realm of sex and marriage, though complicity claims like the ones explored here arise in various other contexts, …

Can A "Mere Employee" Stop You From Vaping? The Appointments Clause Applied To Rulemakers, Melinda Holmes

Notre Dame Law Review

This Note analyzes whether actors discharging the rulemaking function of an agency are officers and discusses whether persons not appointed pursuant to the Appointments Clause can constitutionally exercise such power. Part I examines the development of the doctrine over time leading to Lucia. Part II presents possible frameworks for challenges following Lucia. Part III traces delegation of authority from Congress to the agency and from senior agency officials to the individual who actually exercises the delegated authority. In doing so, it explores how the framework should apply in the rulemaking context, focusing on the example presented by litigation …

Hearing Before The United States Senate Committee On The Judiciary “Rule By District Judge: The Challenges Of Universal Injunctions”, Samuel L. Bray

Congressional Testimony

From the introductory text of the Statement of Professor Samuel L. Bray

"There’s a script we’ve all become familiar with. A president issues an order, or an agency promulgates a rule. And then what happens? Those who oppose the order or rule will pick a friendly district court and bring a challenge. From that friendly district court, the challengers will seek an injunction that shuts down the order or rule—not just with respect to the parties, but shuts it down for everyone in the country. That kind of injunction is popularly called a “nationwide injunction,” or a “national injunction” or …

Mmu: 02/24/20–03/01/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Daily Commons Menu Specials
• Daily Mass Schedule
• SBA Store Hours
• Morning Prayer with CLS
• Appropriation Art, Transformativeness & Fair Use Panel
• Pop UP IP Clinic
• Dreaming Domers: 21 Days to better sleep!!
• Language Exchange Coffee Break!
• Clerkship Application Process
• Networking Cocktail Program and Reception
• SCELF to host Dick Nussbaum
• Digital preservation, Archiving & Copyright Panel
• Reshaping Prosecution
• The Immigration crisis on the El Paso-Juarez Mexico border-Ruben Garcia
• Women's Networking Panel with WLF
• LGBTQ Students of Faith
• Fair Use Film Clips and Screenings
• What is a Copy?

General Announcements

• Service Opportunity for South Bend Center for the …