Law Commons^™

Should Affirmative Action Public Contracts Constitute Government Benefits? Calculating Procurement Fraud Loss Under Section 2b1.1(B)(1), Adam Kwon

Notre Dame Law Review Reflection

Congress has established a program (the section 8(a) program) that, despite having taken various forms over the years, has worked to benefit disadvantaged business entities and, by extension, the socioeconomically disadvantaged individuals who run them by setting aside and awarding to those entities opportunities to perform on certain designated public contracts. Occasionally, people either lie ex ante or fail to fulfill obligations ex post in order to fraudulently procure these section 8(a) contracts (i.e., they commit procurement fraud).

This fairly esoteric area of the law is disoriented by a circuit split over how to sentence such white-collar defendants (if convicted) …

Why Section 230 Is Better Than The First Amendment, Eric Goldman

Notre Dame Law Review Reflection

47 U.S.C. § 230 (“Section 230”) immunizes Internet services from liability for third-party content. This immunity acts as a crucial legal foundation for the modern Internet. However, growing skepticism about the Internet has placed the immunity in regulators’ sights.

If the First Amendment mirrors Section 230’s speech protections, narrowing Section 230 would be inconsequential. This Essay explains why that is not the case. Section 230 provides defendants with more substantive and procedural benefits than the First Amendment does. Because the First Amendment does not backfill these benefits, reductions to Section 230’s scope pose serious risks to Internet speech.

Shareholders United?, Andrew K. Jennings

Notre Dame Law Review Reflection

Securities regulation has a way of crossing into other lanes. What public companies do is substantive regulation. How they govern themselves while doing it—or more importantly, how they disclose it—is securities regulation. So it is no surprise that the perennial concern over regulating money in politics should also become a question of federal securities regulation. The Shareholders United Act (the “Act”)—passed by the House of Representatives as part of House Bill 1, an early, major piece of legislation in the 116th Congress—does just that. The Act would require that before engaging in political spending, public companies poll shareholders on how …

Antitrust Violations As Private Enforcement, Abby L. Timmons

Notre Dame Law Review Reflection

On the whole, the dismantling of monopolies relies heavily on public enforcement. While the opportunity for private enforcement exists in the antitrust context, it is limited, as not all so-called "monopolies" commit antitrust violations. For example, where barriers to entry in a particular industry are high—such as in the case of phone carriers or airlines, both of which must build an infrastructure to support their business—sufficient competition may not exist to create options for the consumer. In situations like these, the federal government generally must step in to break up the monopoly. However, this interference happens infrequently, and these efforts …

Making Money Safe, John Crawford

Notre Dame Law Review Reflection

Providing better options to hold money safely is desirable and feasible; failure to do so is a serious but fixable flaw in the legal architecture of money and payments in the United States. There have been a handful of proposals to mitigate this problem. The Federal Reserve (the Fed), however, is currently resisting an attempt to contribute to this effort. The project involves a new bank called “TNB USA Inc.” (TNB), which proposes to hold as its sole investment asset a reserve account at the Fed. (One of the Fed’s principal functions is to serve as a banks’ bank, providing …

Lane Violation: Why The Ncaa's Amateurism Rules Have Overstepped Antitrust Protection & How To Correct, Alexander Knuth

Notre Dame Law Review Reflection

The NCAA is in the midst of an era that will define the future of collegiate athletics and determine how young people participate in sports for the foreseeable future. This Essay ultimately concludes that both the NCAA and its athletes would benefit from a system that allows for the exploitation of athletes' name, image, or likeness (NIL) rights while preserving the core educational and nonprofessional nature of college sports as a product. Currently the NCAA requires its athletes to maintain a very broadly defined amateur status to remain eligible for competition. The current amateurism definition states that athletes must forego …

Mmu: 10/28/19–11/03/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Monday Message from President Patel
• Professor Series: Legal & Policy Issues in Intercollegiate Athletics–Professor Tricia Bellia
• IPLS: The Unconstitutionality of Overlapping Trade Dress and Design Patent Protection
• Institute for Justice: Litigating for Liberty
• Academic Success Workshop
• Remain in Mexico: How Tent Courts Fail Asylum Seekers and Abandon Due Process
• Daily Commons Menu Specials
• Daily Mass Schedule
• Women of Color in Law
• A Conversation with Klau Center for Civil & Human Rights Fellows
• SBA Power Lunches
• Morning Prayer with CLS
• Public Interest Jobs: Summer and Postgraduate Timeline
• Transitioning from Private Practice to Government and Back Again
• Notre …

Mmu: 10/14/19–10/20/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Business Law Forum: A chat with Amazon's Jeff Hasselman
• “The Placenta and Fetomaternal Microchimerism: Radical Mutuality at the Cellular Level”: A lecture by Kristin Collier
• Daily Commons Menu Specials
• Daily Mass Schedule
• Game Night
• Criminal Law Careers–Public Interest Month Event
• Pro-Life Feminism hosted by Jus Vitae
• Air Force JAG
• Business Law Forum: 2L In-House Internship Panel
• "Sex" & the Scope of Title VII
• HSLA & BSLA: How to Outline
• Kellog Institute: Interdiscplinary Approaches to Corruption Workshop
• Externship Opportunities–Hosted by Professor Jones
• Careers in Public Finance (Chapman & Cutler)
• Assistant Rector Information Session
• What Every American Needs …

Mmu: 10/07/19–10/13/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Happy Spirit Week!
• Indiana Court of Appeals Oral Argument
• Daily Commons Menu Specials
• Daily Mass Schedule
• Morning Prayer with CLS
• SBA Monthly Meeting
• Bar Exam Applications
• From Big Law to Legal Aid
• Bose McKinney Diversity Fellowship
• First Generation Rock Stars: Seven Ways to Invest in Yourself
• Apple Inc. Legal Counsel (FaceTime) lunch chat with Matthew Smith
• Join the Idea Center!
• Moot Court Fundraiser
• SCELF: MLB Salary Arbitration Tournament Info Meeting
• Implicit Bias in the Law: A Conversation with Professor Shelley Cavalieri
• Taking Charge of your loans
• Professor Series: Parental Choice and Educational Pluralism in the US …

Notre Dame Law School Sesquicentennial Reception, Marcus Cole, Nancy Gargula, William Beauchamp, C.S.C., Gerard Olinger, C.S.C.

2019–Present: G. Marcus Cole

Oct 4, 2019

Notre Dame Law School is celebrating its 150th year in 2019. Alumni, students, faculty, and staff celebrated the sesquicentennial with a reception on September 27, 2019, in the Dahnke Ballroom in Duncan Student Center.

G. Marcus Cole, who was appointed as Notre Dame Law School's Joseph A. Matson Dean and Professor of Law earlier in the year, delivered the keynote speech at the reception. His speech starts at the 7:40 mark in this video.

2019–2020 Bulletin Of Information, Notre Dame Law School

Bulletins of Information

CONTENTS

• Admissions Information
• Academic Calendar
• Tuition and Fees
• Academic Requirements
• Senior Administrative Leadership
• Hoynes Code, Revised November 21, 2018

Notre Dame Lawyers Connect: October 2019, Notre Dame Law School

Notre Dame Lawyers Connect

2019 Homecoming Recap

• ND Law marks 150 years
• Reception photos
• Tailgate photos
• A Catholic law school in America

Alumni Spotlight

• Cameasha Turner
• Kenneth P. Cotter

Loan Repayment: Application is open for 2020 LRAP benefits

Networking: Help students with Football Meet & Greets

Upcoming Events

Alumni Notes

• Dennis M. Barnes
• Brittany Brantley
• Sherene Awad Jodrey

Red Mass Invitation 2019, Notre Dame Law School

The Red Mass

Most. Rev. Kevin C. Rhoades, Bishop of Fort-Wayne-South Bend the Notre Dame Law School, Department of Political Science , and Interdisciplinary Program in Constitutional Studies, and the Saint Thomas More Society of South Bend cordially invite you to the 2019 Red Mass. September 30, 2019, 5:15 p.m., Basilica of the Sacred Heart Notre Dame

Reception immediately following the Red Mass: Eck Commons • Notre Dame Law School

Mmu: 09/30/19–10/06/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Annual Red Mass
• Public Interest Month Kickoff: A Conversation with the 2018 Shaffer and Bank of America Foundation Public Interest Fellows
• Environmental Law Society Guest Speaker Rob Lee
• Daily Commons Menu Specials
• Daily Mass Schedule
• SBA Store Hours
• 1L Mentorship Program Meet-and-Greet Breakfast
• DOJ Careers & How to Write Great Application Essays
• Conversation with Judge Greg Katsas of the United States Court of Appeals for the D.C. Circuit
• SBA Diversity and Inclusion Committee Introductory Meeting
• Health & Human Rights Law
• CDO Resume Workshop #13
• Innocence-Driven Career Paths
• Bar Prep Basics for 3Ls
• Health Law Society Guest …

Mmu: 09/23/19–09/29/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Tabor Hill Winery Tour Tickets
• Free Speech, Same-Sex Marriage, and Anti Discrimination Laws
• CDO Resume Workshop 10
• CDO Mentorship Program Information Session
• CDO Resume Workshop 11
• Daily Commons Menu Specials
• SBA Store Hours
• Daily Mass Schedule
• Education Law Forum Introductory Meetins
• CDO's U.S. Army JAG Info Session
• CO Resume Workshop 12
• STMS Event: "Cardinal Pell's Unsuccessful Appeal–and Reason for Hope"
• Fall Ball 2019 Tickets on Sale
• SCELF Event: USA Gymnastics Counsel, Mark Busby
• Civility: Searching for the Better Angels of our Future
• A Different Kind of Lawyer 10 Years Out
• Legal Observer Training
• Women's Legal Forum …

Drone Attacks On Saudi Aramco Oil Installations, Mary Ellen O'Connell

NDLS in the News

Half of Saudi Arabia’s oil production has been stopped by air attacks involving drones and possibly cruise missiles on 14 September 2019. Houthi rebels in Yemen have claimed responsibility. United States Secretary of State Mike Pompeo has asserted by tweet that Iran is responsible because there is “no evidence the attacks came from Yemen” and Iran is behind “100” attacks on Saudi Arabia. The U.S. has since released satellite imagery showing immense smoke clouds. Unnamed American officials say 19 sites were struck. According to the BBC, on 16 September, ‘UK, Foreign Secretary Dominic Raab said it was not …

Mmu: 09/16/19–09/22/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Legal Voices for Children and Youth Introductory Meeting
• Galilee Town Meetings
• CDO Resume Workshops
• CDO Deloitte Careers in Tax
• Notre Dame Space Law Society Introductory Meeting
• Volunteer Lawyer Network Informational Meeting
• Daily Commons Menu Specials
• Daily Mass Schedule
• Married & Engaged Law Students Organization Introductory Meeting & 1L Rep Elections
• The Notre Dame Clinical Law Center and the Economic Justice Society will host Lesley Fair, senior attorney with the Federal Trade Commission's Bureau of Consumer Protection to discuss the agency's role in protecting consumer privacy
• Galilee Town Meetings
• London in the Commons
• HLSA Introductory Meeting
• Notre …

Mmu: 09/09/19–09/15/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• SBA store hours
• Student Animal Legal Defense Fund Introductory Meeting
• Galilee Informational Meeting
• SCELF Introductory Meeting
• Daily Commons Menu Specials
• Daily Mass schedule
• London Law Information Session
• CDO Speaker on Litigation: John Moore
• SBA All-School Meeting
• London Law pre-departure session
• London Law Q&A Drop-in Session with Professor Addo
• 1L & 3L Class Rep Elections
• SCELF to host Matt Saur–speaking on big law/sports
• Married & Engaged Law Students Organization dessert social
• Judge Watford of the U.S. Court of Appeals for the Ninth Circuit will speak about Civil Discourse and the Federal Judiciary
• CDO Speaker on Transactional Practice …

Mmu: 09/02/19–09/08/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Notre Dame v. U. Louisville on ESPN
• Daily Commons Menu Specials
• Daily Mass Schedule
• Opportunities with the Research Division of the Michigan Court of Appeals
• St. Thomas More Society general meeting
• Exoneration Project general meeting
• Gavel Club meeting
• Student Organizations Fair
• Memorial Mass for John Nagle

General Announcements

• NDLS Fall Ball save the date Oct. 11, 2019
• Legal Writing Center
• Health & Wellness reminder
• How to put posters on the Law Library e-board

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

• Marge's Message
• Sport Report
• Pop Culture Pop-In!
• Professor Spotlight–Veronica Root Martinez
• 1L …

Mmu: 08/26/19–09/01/19, Student Bar Association

Monday Morning Update

This Week at NDLS

• WELCOME BACK NDLS!!
• 1L to IrishLink-mandatory tutorial
• 2L & 3L IrishLink Q&A/Troubleshooting
• University Opening Mass and Picnic
• Daily Common Menu Specials
• Daily Mass Schedule
• IM Leagues signup
• ND Supreme Court Review: The Roberts Court in OT 2018--join the Federalist Society
• Professional headshots available

General Announcements

• Legal Writing Center–become a better writer
• Health & Wellness Center reminder
• How to put posters on the Law Library e-board

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

• Sport Report
• Professor Spotlight–Rick Garnett

Notre Dame Lawyers Connect: August–September 2019, Notre Dame Law School

Notre Dame Lawyers Connect

2019 Homecoming

Celebrating 150 years of Notre Dame Law School

Leadership: ND Law welcomes Dean G. Marcus Cole

Networking: Sign up for Football Meet & Greets

ND Law Association: Congrats to new NDLA Board members

Alumni Notes

• James F. Basile
• Dale Recinella
• Michelle M. Porter

Notre Dame Alumni Honor Nell Jessup Newton, Notre Dame Law School

2009–2019: Nell Jessup Newton

Notre Dame Lawyers across the country honored Nell Jessup Newton this spring as she concluded her decade of service as the Law School’s dean.

• On April 10, the Notre Dame Lawyers of Washington, D.C., gathered at the Army & Navy Club to celebrate Newton.
• On June 12, the Notre Dame Lawyers of New York City gathered at the Union League Club for their ninth annual reception.
• On June 18, the Notre Dame Lawyer Committee of Indianapolis held a reception at the home of Mark Gargula ’81 J.D. and Nancy Gargula ’81 J.D.
• On June 27, the Notre Dame Lawyers of …

State Standing For Nationwide Injunctions Against The Federal Government, Jonathan R. Nash

Notre Dame Law Review

Recent years have seen a substantial increase of cases in which states seek, and indeed obtain, nationwide injunctions against the federal government. These cases implicate two complicated questions: first, when a state has standing to sue the federal government, and second, when a nationwide injunction is a proper form of relief. For their part, scholars have mostly addressed these questions separately. In this Essay, I analyze the two questions together. Along the way, I identify drawbacks and benefits of nationwide injunctions, as well as settings where nationwide injunctions may be desirable and undesirable. I present arguments that, although I do …

An Organizational Account Of State Standing, Katherine M. Crocker

Notre Dame Law Review

Again and again in regard to recent high-profile disputes, the legal community has tied itself in knots over questions about when state plaintiffs should have standing to sue in federal court, especially in cases where they seek to sue federal-government defendants. Lawsuits challenging everything from the Bush administration’s environmental policies to the Obama administration’s immigration actions to the Trump administration’s travel bans have become mired in tricky and technical questions about whether state plaintiffs belonged in federal court.

Should state standing cause so much controversy and confusion? This Essay argues that state plaintiffs are far more like at least one …

A Repeated Call For Omnibus Federal Cybersecurity Law, Carol Li

Notre Dame Law Review

In Part I, this Note discusses the concerning regularity of high-profile data breaches that have occurred within the United States’ weak and patchwork landscape of cybersecurity law. Part II discusses the challenges companies face when attempting to comply with the current cybersecurity law, and why companies who are deemed compliant are still falling victim to hackers and data breaches. Part III makes a call for federal legislation to replace the current, inadequate, fragmented, and uneven landscape of cybersecurity law. Part IV discusses numerous factors and incentives to consider in creating an omnibus federal cybersecurity law. Finally, Part V offers some …

The Private Rights Of Public Governments, Seth Davis

Notre Dame Law Review

This Essay charts the analytical and doctrinal confusion arising from the category of “proprietary” interests in state standing law. This category might be taken literally to include only the ownership of property and interests that stem from it. It might refer to interests that are analogous to those that a private corporation might litigate, or instead to any type of financial injury a state might suffer. Other possibilities would limit “proprietary” interests to those interests recognized under the common law, or only those interests recognized under private law. Perhaps the most that can be said is that “proprietary” interests should …

State Standing And Cooperative Federalism, Ernest A. Young

Notre Dame Law Review

State lawsuits challenging federal policy generally encounter arguments that the states lack standing to sue, either under Article III’s “case or controversy” clause or under various prudential standing doctrines. These arguments have often taken novel forms—such as claims that states’ injuries are “self-inflicted” or offset by other benefits of federal policies—that have few precedents or analogs in the standing jurisprudence governing suits by private individuals. The United States has taken the position, in other words, that states should have special disabilities in filing lawsuits that would not apply to ordinary litigants. Likewise, prominent academics have argued that uniquely narrow standing …

Foreword: Some Puzzles Of State Standing, Tara L. Grove

Notre Dame Law Review

When should states have standing? In recent years, there has been an explosion in literature on that question. Yet, even today, there seem to be as many questions as answers. In this Foreword to the Notre Dame Law Review's 2019 Federal Courts, Practice, and Procedure Symposium on state standing, I discuss a few such puzzles. First, should states have “special” standing when they sue the federal government—that is, greater access to federal court than private parties? Second, and conversely, should states have at least “equal” access to federal court, or should they face more barriers than private parties? These …

Standing For Nothing, Robert A. Mikos

Notre Dame Law Review

A growing number of courts and commentators have suggested that states have Article III standing to protect state law. Proponents of such “protective” standing argue that states must be given access to federal court whenever their laws are threatened. Absent such access, they claim, many state laws might prove toothless, thereby undermining the value of the states in our federal system. Furthermore, proponents insist that this form of special solicitude is very limited—that it opens the doors to the federal courthouses a crack but does not swing them wide open. This Essay, however, contests both of these claims, and thus, …

The Double-Edged Sword Of Parens Patriae: Status Offenders And The Punitive Reach Of The Juvenile Justice System, Madison C. Jaros

Notre Dame Law Review

This Note will argue that, despite the fact that adjudication as a status offender has the potential to lead to punitive outcomes, the rehabilitative rationale of parens patriae that lies behind the status offender designation ensures that juveniles charged under this category are not afforded the procedural protections that they are due under the Constitution’s Due Process Clause. This conundrum—that the rehabilitative rationale meant to protect juveniles actually leaves them more vulnerable to punishment—is not confined to the status offender context. Instead, the juvenile system as a whole suffers from the failures that result from promises of rehabilitation made by …