Law Commons^™

Mmu: 01/23/23–01/29/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Drew Bennison

2Ls Taking Ls: Josh Mannery

Ask a 3L: Christine Logan

Jackie's Corner

Ndls Communicator: Week Of 01.23.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School serves community on 2023 Martin Luther King Jr. Day of Service
• DEI Podcast: Advocating for the Innocent: Exoneration Justice
• Lloyd Mayer was quoted by the Daily Beast in“Trump’s Dark Money Machine Just Got Darker.”
• Nicole Garnett was a guest on the Fordham Institute's Education Gadfly Show podcast talking about the Supreme Court and religious charter schools.
• Rick Garnett was quoted in the NBC News article, "Supreme Court says it is unable to identify the person who leaked draft of abortion ruling."
• Gerry Bradley spoke on the Catholic foundations of the Establishment Clause at …

Ndls Communicator: Week Of 01.17.23, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law implements new DEI programming series to connect students and law firms
• Program on Church, State & Society helps Christian attorneys through the Legal Vocation Fellowship
• Sam Bray, along with William Baude of the University of Chicago, filled an amicus brief in the Supreme Court last week in a case about President Joe Biden’s student loan forgiveness plan. Although they call the plan “unlawful,” they urge the Supreme Court to reject the legal challenges that have been brought against it.
• Jay Tidmarsh examines how corporations use jurisdictional rules to gain power in his review of the …

Mmu: 01/16/23–01/22/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Monday - January 16: (MLK Day) No Class, Day of Service

CLS Prayer Meeting

CDO Events: Research Assistant Information Session.

Gavel Club Meeting (for all NDLS Student Clubs)

Mass Times

Commons Daily Menu

General Announcements

Kresge Law Library: Westlaw Precision

Intro to Financial Restructuring & Insolvency with White & Case

Financial Wellness Week: January 23-27

Ndls Communicator: Week Of 01.09.23, Notre Dame Law School

NDLS Communicator

The Latest News

• John Finnis was made a Commander of the Order of the British Empire for his services to legal scholarship. Finnis is renowned throughout the world for his work in moral, political, and legal theory, and constitutional law.
• Take a look back at ND Law’s 2022 highlights — from enrolling the most diverse class in our history (36% students of color) to hosting speeches by Supreme Court justices and death penalty abolitionist Sr. Helen Prejean, as well as events like the Religious Liberty Summit in Rome.
• Mary Ellen O'Connell was quoted by the AP in a report on …

Why The U.S. Supreme Court Is More Politicized Than Its U.K. Counterpart, Mike Kowalski

Notre Dame Journal of International & Comparative Law

President Joe Biden’s nomination of then-Judge Ketanji Brown Jackson to the United States Supreme Court (the “Court”) conjured up all too fresh memories of just how politicized the Court, and the candidate selection process, has become. Not long before now-Justice Jackson’s nomination, the recent nomination and confirmation of Justice Amy Coney Barrett to the Court received significant media attention, both within the United States (U.S.) and internationally. On the same day of her swearing-in ceremony, the BBC, a public news organization headquartered in the United Kingdom (U.K.), found it relevant to publish an article describing seemingly mundane features of Justice …

Decolonizing Legal Influence: China's Role In The Changing Landscape Of The Ethiopian Legal Profession, 2000-2018, Mekonnen Ayano

Notre Dame Journal of International & Comparative Law

Over the last two decades, the legal profession in Ethiopia has changed fundamentally. The government has increased the number of law schools from one in 1993 to more than three dozen by 2021. It has introduced strict licensure rules to formalize and regulate legal services and, more recently, in 2022, it has proclaimed the creation of law firms and an independent bar association. The market for legal services has expanded, allowing lawyers to reach out to clients in the country’s peripheries and move onward to attract global clients. These changes are inextricably tied to global currents that have diffused Anglo-American …

Good Representatives, Bad Objectors, And Restitution In Class Settlements, Jay Tidmarsh, Tladi Marumo

Journal Articles

his Article uses two recent decisions -one prohibiting incentive awards to class representatives and one permitting disgorgement of side payments to class objectors - to explore deeper connections between class­action settlements and the law of restitution. The failure to correctly apply the law of restitution led both courts astray. First, courts can approve incentive awards, as long as an award properly reflects the benefit that the representative's efforts bestowed on the class. Second, restitution provides a basis to disgorge improper side payments to objectors, but only under conditions different from those that the court described. More broadly, attention to the …

Disaggregating State Bankruptcy, Michael A. Francus

Journal Articles

States today face fiscal challenges that they cannot surmount. With trillions in debt and billions in deficits, states are rapidly reaching the point where they cannot satisfy their obligations to pensioners, employees, and residents. This deterioration of state finances has, in turn, revived the debate over whether Congress should expand the Bankruptcy Code to allow states to file for bankruptcy. The debate, though, overlooks how, as a practical matter, bankruptcy is already available to financially distressed states. Chapter 9 of the Bankruptcy Code permits a state’s political subdivisions, public agencies, and instrumentalities to file for bankruptcy if the state authorizes …

Proper Parties, Proper Relief, Samuel L. Bray, William Baude

Journal Articles

From the Introduction

In the last Term at the United States Supreme Court [2022], standing was the critical question in several major cases: the two challenges to the Biden Administration’s first student loan forgiveness plan, Biden v. Nebraska and Department of Education v. Brown, as well as the challenge to the Administration’s immigration priorities in United States v. Texas and the race-discrimination challenge to the Indian Child Welfare Act in Haaland v. Brackeen. Standing has featured heavily in journalistic coverage of the decision in 303 Creative LLC v. Elenis. And standing may have been the reason for the Court’s stay …

Nonprofits, Taxes, And Speech, Lloyd Hitoshi Mayer

Journal Articles

Federal tax law is of two minds when it comes to speech by nonprofits. The tax benefits provided to nonprofits are justified in significant part because they provide nonprofits great discretion in choosing the specific ends and means to pursue, thereby promoting diversity and pluralism. But current law withholds some of these tax benefits if a nonprofit engages in certain types of political speech. Legislators have also repeatedly, if unsuccessfully, sought to expand these political speech restrictions in various ways. And some commentators have proposed denying tax benefits to groups engaged in other types of disfavored speech, including hate speech …

Decoupling Property And Education, Nicole Stelle Garnett

Journal Articles

Over the past several years, the landscape of K–12 education policy has shifted dramatically, thanks in part to increasing prevalence of parental-choice policies, including intra- and inter-district public school choice, charter schools, and private-school choice policies like vouchers and (most recently) universal education savings accounts. These policies decouple property and education by delinking students’ educational options from their residential addresses. The wisdom and efficacy of parental choice as education policy is hotly debated. This Essay takes a step back from these education-policy debates and examines the underappreciated fact that decoupling property and education also advances at least economic development goals. …

If You Can't Beat Them, Join Them: Richard Posner And Behavioral Law And Economics, Avishalom Tor, Doran Teichman, Eyal Zamir

Journal Articles

Since its publication in 1973, Economic Analysis of Law (the Treatise) by Richard Posner has been recognized as the canonical treatise in the field. Given this status, observing changes over time in the different editions of the book can highlight substantial and methodological shifts in the area. On this backdrop, this brief essay will highlight Posner's change of attitude towards behavioral analysis of law over the years, culminating with the incorporation of behavioral insights into the las edition of this book, published in 2024.

Commencement Schedule Of Law School Events, Notre Dame Law School

Commencement Programs

Listing of Events for Commencement Weekend, Friday, May 19, through Saturday, May 20, 2023.

Corporate Responsibility For Rogue Agents, Daniel Harris

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Failure To Protect Free Speech In Higher Education: A Nonpartisan Right With Bipartisan Consequences, Alyce Hammer

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Countering Public Pressure: Jury Anatomy As A Protection Of Criminal Defendants, Silas J. Peterson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Duality Of Dogs: Property Or Person?, Amber L. Shepard

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

2023–2024 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

Virtue And The Administrative State, John S. Ehrett

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Parents V. Government: The Constitutional Challenge Between The Principle Of Progressive Autonomy Of Children And Parents’ Educational Rights In Chile, Jorge Barrera-Rojas

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Making Judges Moral: Originalism And The Practice Of Common Good Constitutionalism, Brennan Buhr

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The First Amendment And National Security: A Case For A Clear Test, Drake C. Stobie

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Volume 13 Masthead, Journal Of International And Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

Election Subversion And The Writ Of Mandamus, Derek T. Muller

Journal Articles

Election subversion threatens democratic self-governance. Recently, we have seen election officials try to manipulate the rules after an election, defy accepted legal procedures for dispute resolution, and try to delay results or hand an election to a losing candidate. Such actions, if successful, would render the right to vote illusory. These threats call for a response. But rather than recommend the development of novel tools to address the problem, this Article argues that a readily available mechanism is at hand for courts to address election subversion: the writ of mandamus. This Article is the first comprehensive piece to situate the …

The President Of The Senate, The Original Public Meaning Of The Twelfth Amendment, And The Electoral Count Reform Act, Derek T. Muller

Journal Articles

When Congress convenes under the Twelfth Amendment and the votes of presidential electors are counted, there are three different responsibilities to consider. First, who presides over the joint session where counting takes place, and what is the role of that presiding officer? Second, who counts the electoral votes? Third, who resolves disputes about those electoral votes?

This Essay answers those questions. First, the presiding officer in the joint session is the President of the Senate, and she acts as any other presiding officer of a legislature. She initiates actions pursuant to precedent, parliamentary procedures, and the wishes of the chamber. …

The Human Right To Development As A New Foundation For International Economic Law, Diane A. Desierto

Journal Articles

Article, drawing from the 2022 Gillian White Lecture on International Economic Law at the University of Manchester, argues that the emerging human right to development-as articulated in the 1986 Declaration on the Right to Development and the April 2022 Draft Convention on the Right to Development-introduces a new normative foundation for international economic law, especially in its definition of the right to development as the right of "every human person and peoples. .. by virtue of which they are entitled to participate in, contribute to, and enjoy civil, cultural, economic, political and social development that is indivisible from and interrelated …

Life After Dobbs, Gerard V. Bradley

Journal Articles

The article begins, "The  Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now over rule those decisions and return that authority to the people and their elected representatives." It is now one year, and one full election cycle, since the Supreme Court closed its opinion in Dobbs v. Jackson Women's Health Organization with those words. That is time enough to gauge how the "people and their elected representatives" have used the authority "return[ed]" to them.

Getting There By George Mckenna [Reponses By Gerard Bradley And Others], Gerard V. Bradley

Journal Articles

This October we will hold our 20th Great Defender of Life dinner, and soon after commence celebrating our 50th anniversary year. We are grateful to have outlived Roe, but the question today is: Where does the pro-life movement go from here? While saving unborn babies from destruction remains our goal, how do we get there now that the Supreme Court has taken itself out of the fight? Our esteemed longtime contributor George McKenna considers the question in the following article, “Getting There,” to which nine Human Life Foundation Great Defenders of Life respond with comments on his proposal and ideas …

Rebecca B. Ward (Staff/Alumni) Appreciation Award 2016–2023, Black Law Students Association

Student, Faculty, and Staff Awards

The award is given to a member of the Law School or local community for consistently contributing time and assistance to further BLSA’s goals and objectives.