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Articles 661 - 690 of 3373
Full-Text Articles in Law
Life's Dominion: A Review Essay, Gerard V. Bradley
Life's Dominion: A Review Essay, Gerard V. Bradley
Notre Dame Law Review
No abstract provided.
Do Survival Values Form A Sufficient Basis For An Objective Morality: A Realist's Appraisal Of The Rules Of Human Conduct, C. Emerson Talmage
Do Survival Values Form A Sufficient Basis For An Objective Morality: A Realist's Appraisal Of The Rules Of Human Conduct, C. Emerson Talmage
Notre Dame Law Review
No abstract provided.
Bank Mergers And The Department Of Justice's Horizontal Merger Guidelines: A Critique And Proposal, Gina M. Killian
Bank Mergers And The Department Of Justice's Horizontal Merger Guidelines: A Critique And Proposal, Gina M. Killian
Notre Dame Law Review
No abstract provided.
Smith V. United States And The Modern Interpretation Of 18 U.S.C. 924(C): A Proposal To Amend The Federal Armed Offender Statute, Thomas A. Clare
Smith V. United States And The Modern Interpretation Of 18 U.S.C. 924(C): A Proposal To Amend The Federal Armed Offender Statute, Thomas A. Clare
Notre Dame Law Review
No abstract provided.
Proposal For Regulating Hate Speech In The United States: Balancing Rights Under The International Covenant On Civil And Political Rights, Scott J. Catlin
Proposal For Regulating Hate Speech In The United States: Balancing Rights Under The International Covenant On Civil And Political Rights, Scott J. Catlin
Notre Dame Law Review
No abstract provided.
The Three Lives Of The Alien Tort Statute: The Evolving Role Of The Judiciary In U.S. Foreign Relations, Thomas H. Lee
The Three Lives Of The Alien Tort Statute: The Evolving Role Of The Judiciary In U.S. Foreign Relations, Thomas H. Lee
Notre Dame Law Review
This Article explains how the Alien Tort Statute (ATS) began in the late eighteenth century as a national security statute that the First Congress and early federal district judges saw as a way to afford damages remedies to British merchants, creditors, and other subjects whose persons or property were injured under circumstances in which treaties or the law of nations assigned responsibility to the United States. Torts committed within the United States by private American citizens were the most likely such circumstances. The ultimate aims of the statute were to avoid renewed war with Great Britain and the other European …
Analyzing The Scope Of Major League Baseball's Antitrust Exemption In Light Of San Jose V. Office Of The Commissioner Of Baseball, Justin B. Bryant
Analyzing The Scope Of Major League Baseball's Antitrust Exemption In Light Of San Jose V. Office Of The Commissioner Of Baseball, Justin B. Bryant
Notre Dame Law Review
San Jose's antitrust suit against Major League Baseball renews the challenge of defining the scope and applicability of the baseball antitrust exemption and the struggle to sort through the lower court precedent to arrive at a workable standard for the exemption. This Note will discuss the history of the exemption, the potential standards for applying the exemption, and analyze Judge Whyte's order dismissing San Jose's antitrust claims in City of San Jose v. Office of the Commissioner of Baseball to determine the persuasiveness the court's opinion may have going forward as well as potential issues with the court's reasoning.
The Curious History Of The Alien Tort Statute, Beth Stephens
The Curious History Of The Alien Tort Statute, Beth Stephens
Notre Dame Law Review
The Alien Tort Statute (ATS) has provoked extensive, passionate debate, despite the relatively modest practical import of ATS cases. The outsized controversy surrounding the statute reflects its role in a longstanding struggle for control over the interpretation and enforcement of international law, and over whether that law will serve as a meaningful restraint on the actions of states, state officials, and corporations. As a result, the history of the ATS offers a unique window into the modern history of international law.
The Ats Cause Of Action Is Sui Generis, William R. Casto
The Ats Cause Of Action Is Sui Generis, William R. Casto
Notre Dame Law Review
In Kiobel v. Royal Dutch Petroleum Co., the Court considered the extraterritorial reach of the tort action for violations of customary international law. Kiobel was a “foreign-cubed” case in which a foreign plaintiff sued a foreign defendant for damages arising from conduct in a foreign country. The Justices wrote four different opinions, but they were unanimous in refusing to create a federal common law tort remedy in a foreign-cubed case. At least they were unanimous in holding that a remedy is not available in a case like Kiobel. Some, including the present author, are disappointed in the Court’s decision. But …
Resisting Rulemaking: Challenging The Montana Settlement's Title Ix Sexual Harassment Blueprint, Katie Jo Baumgardner
Resisting Rulemaking: Challenging The Montana Settlement's Title Ix Sexual Harassment Blueprint, Katie Jo Baumgardner
Notre Dame Law Review
Every university and college across the nation—with the exception of three—accepts federal financial assistance. Consequently, in the world of higher education, the impact of administrative regulation and compliance that accompanies federal funding cannot be overstated. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. The text of Title IX states that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program …
Kiobel Surprise: Unexpected By Scholars But Consistent With International Trends, Eugene Kontorovich
Kiobel Surprise: Unexpected By Scholars But Consistent With International Trends, Eugene Kontorovich
Notre Dame Law Review
A primary function of legal scholarship is to incubate ideas to inform the bench and bar. Yet several Supreme Court Justices have recently spoken out publicly about what they consider the growing irrelevance of academic legal scholarship (though empirical findings suggest the continued utility of law reviews to judges). The legal academy sometimes entirely misses what turn out to be major and decisive legal issues in prominent areas, not recognizing them at an early stage and dismissing their importance later on. For example, the great majority of professors dismissed the notion that the Patient Protection and Affordable Care Act (Obamacare) …
Alien Tort Litigation: The Road Not Taken, William S. Dodge
Alien Tort Litigation: The Road Not Taken, William S. Dodge
Notre Dame Law Review
When the Second Circuit decided in Filartiga v. Pena-Irala that the Alien Tort Statute (ATS) provided a federal forum for international human rights claims, no one would have predicted that thirty-three years later in Kiobel v. Royal Dutch Petroleum Co. the Supreme Court would use the presumption against extraterritoriality to limit those claims. This Essay recounts some of the doctrinal developments in alien tort litigation during the intervening thirty-three years.
Two Myths About The Alien Tort Statute, Anthony J. Bellia Jr., Bradford R. Clark
Two Myths About The Alien Tort Statute, Anthony J. Bellia Jr., Bradford R. Clark
Notre Dame Law Review
In Kiobel v. Royal Dutch Petroleum Co., the Supreme Court applied the presumption against extraterritorial application of U.S. law to hold that the Alien Tort Statute (ATS) did not encompass a claim between aliens for misconduct that occurred in another nation. Without much elaboration, the Court stated that the ATS only encompasses claims that “touch and concern the territory of the United States . . . with sufficient force to displace the presumption.” As it did in Sosa v. Alvarez-Machain, the Kiobel Court purported to rest its decision on the original public meaning of the ATS when enacted in 1789. …
Determining Which Human Rights Claims "Touch And Concern" The United States: Justice Kennedy's Filartiga, Ralph G. Steinhardt
Determining Which Human Rights Claims "Touch And Concern" The United States: Justice Kennedy's Filartiga, Ralph G. Steinhardt
Notre Dame Law Review
If statutes were zombies, the Alien Tort Statute of 1789 (ATS) would lead the undead who walk among us. By one conventional narrative, the statute arose from the misty eighteenth-century murk, then lay moribund for nearly two centuries until 1980, when the Second Circuit breathed a strange new life into it with Filartiga v. Pena-Irala. That decision then remained a "monstrous" curiosity--generative more academic conferences than cases and more awards of tenure than damages--until 1984, when the Court of Appeals for the District of Columbia Circuit decided Tel-Oren v. Libyan Arab Republic. The three-way split among the panel …
Things We Do With Presumptions: Reflections On Kiobel V. Royal Dutch Petroleum, Carlos M. Vazquez
Things We Do With Presumptions: Reflections On Kiobel V. Royal Dutch Petroleum, Carlos M. Vazquez
Notre Dame Law Review
The Court in Kiobel v. Royal Dutch Petroleum Co. relied on the presumption against extraterritoriality in declining to recognize a federal cause of action for the defendants’ alleged breaches of customary international law. The bulk of Chief Justice Roberts’s opinion for the Court defended the applicability of the presumption to the claims brought under the Alien Tort Statute (ATS). As Justice Alito’s concurring opinion noted, however, the Chief Justice’s opinion adopted a “narrow approach” that “[left] much unanswered.” Similarly, Justice Kennedy’s concurrence observed that the Chief Justice’s opinion properly “[left] open a number of significant questions.” In determining what exactly …
The Future Of Human Rights Litigation After Kiobel, Roger P. Alford
The Future Of Human Rights Litigation After Kiobel, Roger P. Alford
Notre Dame Law Review
This Article begins from the premise that the Alien Tort Statute (ATS) no longer serves a useful purpose in litigating human rights claims. As others have argued in this issue, that premise may not be correct. Assuming it is, however, one should anticipate that human rights lawyers will pursue alternative avenues for relief.
Suing Americans For Human Rights Torts Overseas: The Supreme Court Leaves The Door Open, Doug Cassel
Suing Americans For Human Rights Torts Overseas: The Supreme Court Leaves The Door Open, Doug Cassel
Notre Dame Law Review
In this author’s view, the concurring Justices are correct in allowing ATS suits against Americans for foreign torts. And contrary to narrow readings by some lower courts, even the majority’s rationale allows space for ATS causes of action for torts committed by Americans overseas. Kiobel was a suit by foreign plaintiffs, against foreign defendants, for foreign conduct. In that “foreign-cubed” case, the limited American jurisdictional interests at stake—mainly to afford redress for heinous international torts—were not enough to persuade the majority to overcome its presumption against extraterritorial application. Nor were they enough to convince the four Justices concurring in the …
Overhauling Esa Private Land Provisions In Light Of The Renewable Energy Boom On Federal Public Lands, Blair M. Warner
Overhauling Esa Private Land Provisions In Light Of The Renewable Energy Boom On Federal Public Lands, Blair M. Warner
Notre Dame Law Review
Many of us are familiar with the recent rise in renewable energy development in the United States. What we are not as familiar with, however, is the story of the Mojave desert tortoise and how it succeeded in shutting down for three months what remains the largest solar energy project in the world. Taking a step back, the Endangered Species Act (ESA), now forty years old, has plodded along at a slow and steady pace, with Congress slowly chipping away at the ESA until it was transformed from “prohibitive to permissive.” While the ESA has had the benefit of a …
Person Or A Lawyer, Benjamin Allison
Departures From The Federal Sentencing Guidelines After Koon V. United States: More Discretion, Less Direction, Deborah E. Dezelan
Departures From The Federal Sentencing Guidelines After Koon V. United States: More Discretion, Less Direction, Deborah E. Dezelan
Notre Dame Law Review
No abstract provided.
Rcra 101: A Course In Compliance For Colleges And Universities, Joseph F. Scavetta
Rcra 101: A Course In Compliance For Colleges And Universities, Joseph F. Scavetta
Notre Dame Law Review
No abstract provided.
Are Mandatory Class Actions Unconstitutional, Patricia Anne Solomon
Are Mandatory Class Actions Unconstitutional, Patricia Anne Solomon
Notre Dame Law Review
No abstract provided.
God Is Great, Garvey Is Good: Making Sense Of Religious Freedom, Michael Stokes Paulsen
God Is Great, Garvey Is Good: Making Sense Of Religious Freedom, Michael Stokes Paulsen
Notre Dame Law Review
No abstract provided.
Self-Formalism, Precedent, And The Rule Of Law, Mark Tushnet
Self-Formalism, Precedent, And The Rule Of Law, Mark Tushnet
Notre Dame Law Review
No abstract provided.
Why Plain Meaning, David A. Strauss
Is The Rule Of Recognition A Rule, Anthony J. Sebok
Is The Rule Of Recognition A Rule, Anthony J. Sebok
Notre Dame Law Review
No abstract provided.
Situating Schauer, L. A. Powe Jr
Delaware & Hudson Revisited, John Copeland Nagle
Delaware & Hudson Revisited, John Copeland Nagle
Notre Dame Law Review
No abstract provided.
Dancing Promotions, Dodging Preemption, And Defending Personas: Why Preempting The Right Of Publicity Deprives Talent The Publicity Protection They Deserve, Sean Elliott
Notre Dame Law Review
No abstract provided.
Public Choice And The Judiciary: A Review Of Jerry L. Mashaw's Creet, Chaos, And Governance, Stephen F. Williams
Public Choice And The Judiciary: A Review Of Jerry L. Mashaw's Creet, Chaos, And Governance, Stephen F. Williams
Notre Dame Law Review
No abstract provided.