Law Commons^™

Work And Human Vocation In Catholic Social Teaching, Stefan M. Mcdaniel

Journal Articles

From the Article

This essay explores Catholic social teaching on work, focusing on how labor should enable humans to fulfill their vocation through experiences of dominion and communion. Drawing from papal encyclicals and theological anthropology, it examines how work becomes a means for humans to exercise their God-like faculties by intelligently shaping creation (dominion) and building rich relationships (communion). The essay argues that Catholic teaching offers distinctive contributions to contemporary workplace justice movements through its emphasis on two priorities: promoting worker-ownership and supporting family life. Worker-ownership, especially through cooperatives, enables labor to become an exercise of dominion, while family-centered policies …

Contract Or Prison, Sadie Blanchard

Journal Articles

Critics of the criminal enforcement system have condemned the expansion and privatization of electronic monitoring, criminal diversion, parole, and probation. But the astonishing perversion of contract involved in these new practices has gone unnoticed. Governments are turning to “offender-funded” programs that empower firms to contract with people who are suspected of or have been convicted of crimes— and whose alternative to agreeing to these contracts is prosecution or incarceration. Though incarceration-alternative (IA) contracting is sometimes framed as humane, historical and current context illuminates its coercive nature. IA contracting must be examined under classical contract theory and in light of the …

The Purpose Of The Preliminary Injunction, Samuel Bray

Journal Articles

This Article explores a reshaping of the preliminary injunction that is occurring in the federal courts. A preliminary injunction is designed to be a "hold in place" order, blocking actions by the parties that would undermine the efficacy of the court's remedial options. But the preliminary injunction is becoming a device for accelerating the merits decision. Instead of a four-factor test for preliminary relief, increasingly there is one factor: the merits. This Article critiques this transformation, and it argues that the preliminary injunction should be recentered on the protection of the court's remedial options.

Can The Sec Mandate Disclosures That Contain Both Financial And Social Information? The Case Of The Human Capital Management Disclosures, Patrick M. Corrigan

Journal Articles

Human capital contributes directly to the top and bottom line of corporate financial performance. However, theory predicts, and empirical studies suggest, that firms underinvest in human capital because of a classic public goods problem: since employees can always leave to work for another employer, firms cannot expect to bear all the fruits of investments they make in human capital. As human capital becomes more important in the modern service and technology economy, the ills of this public good problem are growing and the deficiencies of underinvestment becoming more apparent. This Article studies the potential role of human capital management disclosures. …

Parental Rights, Parental Choice, And State Public Education Mandates, Nicole Stelle Garnett

Journal Articles

Pierce v. Society of Sisters and Meyer v. Nebraska were cases about parental rights in general, and parental choice in particular. Both centered on a challenge to a state's legal effort to reduce or eliminate the educational choices available to parents-in the former, by requiring students to attend public schools, in the latter, by requiring instruction in all schools, public and private, be conducted in English. Pierce and Meyer also were about state efforts to forge a homogeneous American citizenry by limiting the educational choices available to parents. As Justice McReynolds observed in Meyer, "The desire of the Legislature to …

Going En Banc, Randy J. Kozel

Journal Articles

This Article examines the law of en banc review in the federal courts of appeals. It explores key doctrinal questions and advances a theory that maintains the primacy of three judge panels by focusing the en banc process on a specialized set of institutional tasks.

Gerard V. Bradley And The American Law Of Church And State, Richard W. Garnett

Journal Articles

This paper provides an overview and appreciation of Prof. Gerard V. Bradley’s scholarly contributions to the American constitutional law of church and state. The Supreme Court of the United States has, in recent years, handed down a number of closely watched and much-remarked-on rulings in cases involving the First Amendment’s Religion Clause and various religion-related statutes. The Court has moved the law of religious freedom and church–state relations toward coherence and clarity, and better aligned it with American history, tradition, and practice, and with an appropriate understanding of judges’ capacities and of the judicial role in a democracy. It appears …

Litigating Climate Vulnerability: Climate Change Reparations In Global Jurisprudence And Empirical Results From The Notre Dame Climate Change Reparations Dataset, Diane A. Desierto, Anibal Perez-Linan, Faisal Yamil Meneses, Yuta Inada, Rachael Degaugh, Andrew Marciano

Journal Articles

From the article

The global surge in climate change litigation provokes inquiry into the nature, frequency, and scope of climate change reparations that international, regional, and national courts, as well as arbitral tribunals and other adjudicative bodies such as UN treaty body mechanisms, determine to be adequate, both on legal merits as well as intrinsic claims of justice, for the resolution of disputes brought by climate vulnerable persons, groups, and constituencies against States, multinational corporations, and other actors. Our findings from the Notre Dame Climate Change Reparations Dataset reveal a broad spectrum of pecuniary and non-pecuniary reparations being adjudicated in …

The Concept Of The Common Law, Samuel L. Bray

Journal Articles

From the article

The common law is, among other things, a mode of legal development. In this mode, judges develop the law yet simultaneously act as if they were only discovering law that already existed. This sketch of the common law introduces contemporary readers to a way of thinking and talking about law that was once instinctive for judges. The common law as a mode of development may seem alien at certain points, yet its influence on the legal systems of the United States has been enormous, and it is critical background for understanding the grant of “the judicial power” …

Meta-Interpretive Questions And The Aims Of Theories Of Interpretation: Beyond The Remedial Answer, Francisco J. Urbina

Journal Articles

This invited Response to Bill Watson’s “What Are We Debating When We Debate Legal Interpretation?” examines the point and purpose of interpretive theories. Watson argues that theories of interpretation are about how legal actors should exercise discretion when the law runs out. The Response builds on Watson’s sophisticated conceptual framework to explain that interpretive theories can be about at least two other topics. They can be about the most normatively appealing way of operating with sources—whether this tracks legal content or not—and they can be about which criteria for identifying something as law the legal community should adopt.

Shortcomings Of Law School And Big Law, Julian Velasco

Journal Articles

This paper, presented as part of a colloquium on  Lawyers and Their Institutions, considers two important institutions — law schools and "big law," especially transaction practice at elite law firms — and argues that they exert a problematic influence on developing attorneys by inculcating opposing types of disrespect for the law. First, the process of legal education often suggests that the law is fundamentally indeterminate. Second, big law tends to suggest to junior associates that law is largely irrelevant. Such misunderstandings can result in a misconception of the purpose of law and give a false impression of the lawyer's …

Originalism's Difference?, Sherif Girgis

Journal Articles

From the Aritcle

My topic is whether originalism makes any practical difference to constitutional reasoning and outcomes, relative to other methods of interpretation.

INTRODUCTION ............................................. 1945

I. JUSTICE SCALIA'S VISION OF CONTRASTS .................. 1949

II. THE BREAKDOWN OF CONTRASTS ........................... 1952

III. REMAINING CONTRASTS: REAL BUT ELUSIVE TO THEORY....................................................... 1961

IV. THE CHAMBERS ORIGINALISM DIFFERENCE .................. 1966

CONCLUSION: LOOKING AHEAD ................................ 1973

Wartime Homefront Medical Ethics, Nili Karako-Eyal, Shelly Kamin-Friedman, Maya Pered Raz

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Medically Necessary Abortions After Dobbs: What, If Anything, Has Changed?, Maura K. Quinlan, Paul B. Linton

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Person-Centered Pluralism About Contract Theory, C. Scott Pryor

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The States’ Response To Dobbs V. Jackson Women’S Health Organization, Clarke D. Forsythe, Carolyn Mcdonnell

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Debate On Trying Minors Who Commit Adultlike Offenses As Adults: A Middle-Ground Contribution, Philip C. Aka

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Generative A.I., Virtual Child Pornography, And The First Amendment: Time To Reconsider Ashcroft V. Free Speech Coalition?, Seth Atisha

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

United We Bargain, Divided We Beg: Constitutional Concerns Of State Anti-Captive Audience Laws, Ryan Hocking

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Nontestimonial: State Child Hearsay Exceptions In The Post-Crawford Era, Mckenzie J. Brummond

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Too Much Sunlight: Is Supreme Court Tv A Good Idea?, Harrison Richter

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

What’S Wrong With Inflicting Death? Evaluating Marquis’S “Future Of Value” Account, Christopher Kaczor

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Primacy Of Parental Authority In End-Of-Life Decisions For Children, Patrick A. Tully

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Undue Influence And Religious Donations In The Execution Of Wills, Andrew E. Coffey

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Physician-Assisted Suicide And The Doctrine Of Standing: Deficiencies Of Traditional Standing Application And The Case For Alternatives, Owen D. Macaulay

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Optimizing Death To Effectuate Deterrence, Lucas Brolin

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Remedying Public Disapproval Of The Supreme Court: Expanding The Role Of The Public Information Officer, Brown James

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Political Deepfakes And The Limits Of The Law, R. George Wright

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Dilemmas Of The 2023 Merger Guidelines, Aurelian Portuese

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The End Is Still To Come: How The Law’S Interaction With Digital Replicas And Derivative Digital Replicas Will Shape The Future, Spencer Kweskin

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.