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Articles 751 - 780 of 3373
Full-Text Articles in Law
Senate Gridlock And Federal Judicial Selection, Carl Tobias
Senate Gridlock And Federal Judicial Selection, Carl Tobias
Notre Dame Law Review
No abstract provided.
Prison Is Prison, Brooke D. Coleman
Prison Is Prison, Brooke D. Coleman
Notre Dame Law Review
Two indigent men stand before two separate judges. Both will be sent to prison if they lose their cases. One receives appointed counsel, but the other does not. This discrepancy seems terribly unjust, yet the Supreme Court has no problem with it. It recently affirmed in Turner v. Rogers, that where an indigent individual is subject to criminal charges that can result in incarceration, he has a right to appointed counsel, but where an indigent individual is subject to civil proceedings where incarceration is a consequence, he does not. In other words, criminal and civil proceedings have different rules, and …
Gridlock And Senate Rules, John C. Roberts
Gridlock And Senate Rules, John C. Roberts
Notre Dame Law Review
No abstract provided.
The Phenomenology Of Gridlock, Josh Chafetz
The Phenomenology Of Gridlock, Josh Chafetz
Notre Dame Law Review
Assertions that our legislative process is gridlocked—perhaps even “hopelessly” so—are endemic. So many more of our problems would be fixed, the thinking goes, if only our political institutions were functioning properly. The hunt for the causes of gridlock is therefore afoot. This Essay argues that this hunt is fundamentally misguided, because gridlock is not a phenomenon. Rather, gridlock is the absence of phenomena; it is the absence, that is, of legislative action. Rather than asking why we experience gridlock, we should be asking why and how legislative action occurs. We should expect to see legislative action, the Essay argues, when …
Time-Bars: Rico-Criminal And Civil Federal And State, G. Robert Blakey
Time-Bars: Rico-Criminal And Civil Federal And State, G. Robert Blakey
Notre Dame Law Review
The article discusses the role of the Racketeer Influenced and Corrupt Organizations Act (RICO) in criminal proceedings. The Act considers several provisions including illegal services of drugs and gambling, corruption in labor or management relations, and commercial fraud such as bankruptcy and securities fraud. The Act applies criminal and civil sanctions including fines and imprisonment, forfeiture, and treble damage relief for persons who injured in business due to violation of law.
Picturing Takings, Lee Anne Fennell
Picturing Takings, Lee Anne Fennell
Notre Dame Law Review
Takings doctrine, we are constantly reminded, is unclear to the point of incoherence. The task of finding our way through it has become more difficult, and yet more interesting, with the Supreme Court's recent, inconclusive foray into the arena of judicial takings in Stop the Beach Renourishment. Following guideposts in Kelo, Lingle, and earlier cases, this essay uses a series of simple diagrams to examine how elements of takings jurisprudence fit together with each other and with other limits on governmental action. Visualizing takings in this manner yields surprising lessons for judicial takings and for takings law more generally.
Nonincorporation: The Bill Of Rights After Mcdonald V. Chicago, Suja A. Thomas
Nonincorporation: The Bill Of Rights After Mcdonald V. Chicago, Suja A. Thomas
Notre Dame Law Review
The article focuses on the theories of nonincorporation of the Bill of Rights by the Supreme Court of the United States in the case McDonald v. Chicago. It states that several rights including the Second Amendment right, the Fifth Amendment grand jury right and the Seventh Amendment civil jury trial right were not incorporated against states prior to the McDonald case. It discusses the theories of incorporation of rights based on liberty and justice.
Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson
Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson
Notre Dame Law Review
An essay is presented on the need of providing students with material and industrial foundation through higher education. The history of technical and vocational education in public schools, related federal legislation and the current state of education system is discussed. The issues related to college matriculation, employment status in young people and the mismatch between the education and the economic and industrial requirement of the nation is also discussed.
Taking Conscience Seriously Or Seriously Taking Conscience?: Obstetricians, Specialty Boards, And The Takings Clause, Michael A. Fragoso
Taking Conscience Seriously Or Seriously Taking Conscience?: Obstetricians, Specialty Boards, And The Takings Clause, Michael A. Fragoso
Notre Dame Law Review
The article discusses the legal implications of conscience in obstetricians and healthcare providers. It provides background on controversies related to abortion and conscience in obstetricians. It explains why a decertification by the American Board of Obstetricians and Gynecologists (ABOG) based on noncompliance with the College in Ethics Opinion No. 385 could constitute a regulatory taking. It analyzes whether or not ABOG satisfies the state action doctrine's public function rules.
Race To Judgment? An Empirical Study Of Scott V. Harris And Summary Judgment, Amelia G. Yowell
Race To Judgment? An Empirical Study Of Scott V. Harris And Summary Judgment, Amelia G. Yowell
Notre Dame Law Review
No abstract provided.
Much Ado About Twombly? A Study On The Impact Of Bell Atlantic Corp. V. Twombly On 12(B)(6) Motions, Kendall W. Hannon
Much Ado About Twombly? A Study On The Impact Of Bell Atlantic Corp. V. Twombly On 12(B)(6) Motions, Kendall W. Hannon
Notre Dame Law Review
No abstract provided.
Introduction, Amy Coney Barrett
Coloring Outside The Lines: Examining Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin E. Hickman
Coloring Outside The Lines: Examining Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin E. Hickman
Notre Dame Law Review
No abstract provided.
What I Have Feared Most Has Now Come To Pass: Blakely, Booker, And The Future Of Sentencing, Katie M. Mcvoy
What I Have Feared Most Has Now Come To Pass: Blakely, Booker, And The Future Of Sentencing, Katie M. Mcvoy
Notre Dame Law Review
No abstract provided.
Exposing The Loansharks In Sheep's Clothing: Why Re-Regulating The Consumer Credit Market Makes Economic Sense, Diane Hellwig
Exposing The Loansharks In Sheep's Clothing: Why Re-Regulating The Consumer Credit Market Makes Economic Sense, Diane Hellwig
Notre Dame Law Review
No abstract provided.
The Sec At 70: Let's Celebrate Its Reinvigorated Golden Years, Harvey J. Goldschmid
The Sec At 70: Let's Celebrate Its Reinvigorated Golden Years, Harvey J. Goldschmid
Notre Dame Law Review
No abstract provided.
A Tribute To Clarence J. Ruddy And The Members Of Volume One, Notre Dame Law Review
A Tribute To Clarence J. Ruddy And The Members Of Volume One, Notre Dame Law Review
Notre Dame Law Review
No abstract provided.
The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig
The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig
Notre Dame Law Review
No abstract provided.
The Lawyer Who Overidentifies With His Client, John T. Noonan
The Lawyer Who Overidentifies With His Client, John T. Noonan
Notre Dame Law Review
No abstract provided.
Dialogic Defense Of Alden, Jay Tidmarsh
In Memoriam: Lord Lowry Of Crossgar (1919-1999): A Tribute, J. Eric Smithburn
In Memoriam: Lord Lowry Of Crossgar (1919-1999): A Tribute, J. Eric Smithburn
Notre Dame Law Review
No abstract provided.
Knowing The Universal Declaration Of Human Rights, Mary Ann Glendon
Knowing The Universal Declaration Of Human Rights, Mary Ann Glendon
Notre Dame Law Review
No abstract provided.
A Tribute To Edward J. Murphy, Douglas W. Kmiec
A Tribute To Edward J. Murphy, Douglas W. Kmiec
Notre Dame Law Review
No abstract provided.
Ethics Of Procedure A Discovery-Based Approach To Ex Parte Contacts With Former Employees Of A Corporate Adversary, John E. Iole, John D. Goetz
Ethics Of Procedure A Discovery-Based Approach To Ex Parte Contacts With Former Employees Of A Corporate Adversary, John E. Iole, John D. Goetz
Notre Dame Law Review
No abstract provided.
Insider Abuse And Criminal Misconduct In Financial Institutions: A Crisis, Renae V. Stevens
Insider Abuse And Criminal Misconduct In Financial Institutions: A Crisis, Renae V. Stevens
Notre Dame Law Review
No abstract provided.
Liability Of Marine Surveyors For Loss Of Surveyed Vessels: When Someone Other Than The Captain Goes Down With The Ship, Brian J. Beck
Liability Of Marine Surveyors For Loss Of Surveyed Vessels: When Someone Other Than The Captain Goes Down With The Ship, Brian J. Beck
Notre Dame Law Review
No abstract provided.
Securities Law Enforcement Remedies Act Of 1989: Disenfranchising Shareholders In Order To Protect Them, Jayne W. Barnard
Securities Law Enforcement Remedies Act Of 1989: Disenfranchising Shareholders In Order To Protect Them, Jayne W. Barnard
Notre Dame Law Review
No abstract provided.
Post-Lecture Discussion, Roger Fisher
Article Iii's Case/Controversy Distinction And The Dual Functions Of Federal Courts, Robert J. Pushaw Jr.
Article Iii's Case/Controversy Distinction And The Dual Functions Of Federal Courts, Robert J. Pushaw Jr.
Notre Dame Law Review
No abstract provided.
Moral Significance Of Nationalism, Lea Brilmayer
Moral Significance Of Nationalism, Lea Brilmayer
Notre Dame Law Review
No abstract provided.