Law Commons^™

How The Government Gives, Ray Madoff

Ray D. Madoff

No abstract provided.

Jimmy Gurule Discusses Possible Concurrent Trials In Indy Arson Case, Jimmy Gurule

Jimmy Gurule

Jimmy Gurule quoted in IndyStar article "Richmond Hill explosion: 3 trials for price of 1?" by Tim Evans. Jimmy Gurule, a professor at the Notre Dame Law School and former prosecutor, said he doesn't see Robinson's case being strong enough to win the judge's approval. "I think the court would be reluctant to grant the motion in the absence of any explicit legal authority to do so," he said. "And I didn't see anything in the motion to justify the request."

Rick Garnett Publishes Op-Ed Piece In La Times "The Righteousness In Hobby Lobby's Cause", Richard Garnett

Richard W Garnett

Rick Garnett's op-ed in LA Times on the HHS mandate and religious liberty cases before the Supreme Court.

Lloyd Mayer Was Quoted In Mother Jones Article "4 Reasons Obama's New Dark-Money Rules Won’T Stop Dark Money.", Lloyd Mayer

Lloyd Hitoshi Mayer

Lloyd Mayer was quoted in the Mother Jones article 4 Reasons Obama's New Dark-Money Rules Won’t Stop Dark Money by Andy Kroll on Dec. 4.

"Up to this point, the IRS enforcement has been relatively minimal," says Lloyd Mayer, a professor at the University of Notre Dame Law School.

Representing The Failing Company Where The Irs Is "Knocking On The Door", Craig Bell, T. Fogg, George Gretes, Nina Olson

T. Keith Fogg

No abstract provided.

Felony Murder Doctrine Problematic For Legal System, Timothy O'Neill

Timothy P. O'Neill

Estate Planning Games, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.

The Practice Of Law As Moral Discourse, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.

Bullets, Bad Florins, And Old Boots: A Report Of The Indiana Trial Judges Seminar On The Judge's Control Over Demonstrative Evidence, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.

Rick Garnett Was Quoted In Npr Article "Aclu Sues, Claiming Catholic Hospitals Put Women At Risk.", Richard Garnett

Richard W Garnett

Rick Garnett was quoted in NPR article "ACLU Sues, Claiming Catholic Hospitals Put Women At Risk" by Julie Rovner. "Yeah, this is a novel case," says , a law professor at the University of Notre Dame. While there's nothing new about suing doctors or hospitals, Catholic or not, Garnett says, "to sort of claim that it is negligence for the bishops to be issuing directives reminding Catholic hospitals what the church's teachings are with respect to things like abortion and sterilization are, that is a stretch." And he wonders what future if any such lawsuits against the church may have. …

Lloyd Hitoshi Mayer Quoted In Propublica "The Irs Moves To Limit Dark Money – But Enforcement Still A Question", Lloyd Mayer

Lloyd Hitoshi Mayer

Lloyd Mayer was quoted in the ProPublica article "The IRS Moves to Limit Dark Money – But Enforcement Still a Question" by Kim Barker. The proposed regulations “are only as good as the extent of compliance with them, which history would indicate requires a realistic threat of enforcement and significant sanctions on the groups involved and probably the individuals running those groups,” said Lloyd Hitoshi Mayer, a law professor and associate dean at the University of Notre Dame who specializes in nonprofits and campaign finance.

Lloyd Mayer Was Quoted In Bna, Inc. Money & Politics Report Article "Treasury, Irs Propose New Definition Of Political Activity For Social Welfare Groups.", Lloyd Mayer

Lloyd Hitoshi Mayer

Lloyd Mayer was quoted in BNA, Inc. Money & Politics Report article Treasury, IRS Propose New Definition Of Political Activity for Social Welfare Groups. by Diane Freda.

That’S Wild! The Ongoing International Trade In Endangered Species, Myanna Dellinger

Myanna Dellinger

No abstract provided.

Cjeu, Can You Hear Me? Access To Justice In Environmental Matters, Sanja Bogojevic

Sanja Bogojević

Over the years, much ink has been spilled in the debate on standing of NGOs before the EU courts. This issue has been the object of particular consideration following the ruling in the Greenpeace case where the General Court denied the NGO in question standing on the basis that it did not ‘adduce any special circumstances to demonstrate the individual interest of their members’. Considering that environmental NGOs tend to represent the interests of society as a whole, or that of the environment in particular, imposing this kind of conditioning seems unreasonable. Indeed, this judgment, coupled with the more general …

Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan

Anil Kalhan

With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …

Emergent Public Discourse And The Constitutional Debate In Tunisia: A Critical Narrative Analysis, Nathaniel Greenberg

Nathaniel Greenberg

The appointment of the Minister of Industry, the so-called “technocrat” Mehdi Jomaa, to form a caretaker government in Tunisia on the eve of the revolution’s third anniversary, threw into stark relief the country’s complex struggle for democracy following the January 14 revolution. The announcement came in the wake of the Islamist party Ennahdha’s sudden renunciation of the Prime Minister’s office in September, ostensibly a sign of cooperation in the face of mounting criticism surrounding the government’s failure to investigate the assassinations of two political opposition figures. A number of Western media outlets, including the New York Times, quickly absorbed the …

The Fda And The Ftc Join Forces,, Robert Sanger

Robert M. Sanger

To those of us in the trenches dealing with civil and criminal enforcement of government regulation, it is not surprising that more than one federal agency will join in an investigation. Sometimes this takes the form of a “tag along” where, for instance, the Internal Revenue Service (IRS) may follow up on a Federal Bureau of Investigation (FBI) white collar fraud case to assert the claim that taxes were not paid on the ill-gotten proceeds of the transaction. There are other cases where two federal agencies both attempt to take the lead in an investigation and clash in a “turf” …

Lloyd Hitoshi Mayer Quoted In Propublica "New Tax Return Shows Karl Rove's Group Spent Even More On Politics Than It Said", Lloyd Mayer

Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer quoted in ProPublica article "New Tax Return Shows Karl Rove's Group Spent Even More On Politics Than It Said" by Kim Barker. Lloyd Hitoshi Mayer, a law professor and associate dean at the University of Notre Dame who specializes in nonprofits and campaign finance, reviewed the Americans for Tax Reform documents at the request of ProPublica and said it was possible that the group was allocating overhead or other costs differently in its tax return than in its FEC filings. "I do not see how any reasonable allocation differences could result in such a large disparity, however," …

Rick Garnett Quoted In Washington Post Article "Court Confronts Religious Rights Of Corporations", Richard Garnett

Richard W Garnett

Rick Garnett quoted in Washington Post article "Court Confronts Religious Rights of Corporations" by ADAM LIPTAK. “This is a perfect storm,” said Richard Garnett, a law professor at Notre Dame, adding that it is also a worrisome one. “Debates about campaign finance in Citizens United and abortion and Obamacare,” he said, “could distort the court’s analysis of religious freedom.”

Rick Garnett Quoted In Ncr Article "Supreme Court Takes Up Contraceptive Mandate, Will Rule On Religious Rights Of Corporations", Richard Garnett

Richard W Garnett

Rick Garnett quoted in NCR article by David Gibson "Supreme Court takes up contraceptive mandate, will rule on religious rights of corporations" on November 26, 2013. Given the polemics, Notre Dame law professor Richard Garnett said he worries "that what I regard as accidental aspects of the case -- the Citizens United debate, the 'war on women' rhetoric from the last election, the controversies about (health care reform) -- will distract the court from the more specific legal question presented, which has to do, again, with the interpretation of a particular, and an important, federal statute."

Jimmy Gurule Quote In Npr "Jpmorgan Says It Broke No Law. So Why Pay The $13 Billion?", Jimmy Gurule

Jimmy Gurule

No abstract provided.

An Exploration Of The Impact Of The Family Court Process On "Invisible" Stepparents, Natalie Gately, Lisbeth Pike, Paul Murphy

Natalie Gately Dr

Child custody decisions on separated families seldom acknowledge the impact that such decisions have on subsequent partners of the biological parents. New partners are thus “invisible” in litigation in the Family Court. This project utilised a qualitative research methodology to explore this experience with a purposive experiential sample of 12 second partners. The primary themes identified in thematic content analysis were exclusion and invisibility in a system over which they had little control. The findings suggest that the negative psychological impact would be lessened if a policy of inclusion was adopted in the Family Court process.

Vulnerable Populations And Transformative Law Teaching: A Critical Reader, Chapter 6 - Vulnerability In Contracting: Teaching First-Year Law Students About Inequality And Its Consequences, Deborah Post, Deborah Zalesne

Deborah W. Post

Traditional legal pedagogy fails to demonstrate the relationship of contract to the subordination of vulnerable populations. As a result, students rarely see the complex web of interrelationships where economic activity takes place or the legal regime that maintains it. Students are not taught how to interrogate the discourse or dismantle the systems and structures that oppress subordinated communities. This Essay describes a technique that we have developed to help students learn the meaning of law and its cultural, social, and structural significance. The traditional framing of the study of contract doctrine as one that is objective, neutral, and fair avoids …

Ugly Isn’T Pretty: Glenview Reacts To Changes In Fair Housing Ordinance, Allison Bethel

Allison Bethel

No abstract provided.

Mark Mckenna Quoted In Forbes Article On Apple Samsung Patent Trial, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Forbes article Apple Gets $290.5 Million In Damages From Samsung In Patent Penalty Review — But It’s Not Over Yet by Connie Guglielmo

Mark Mckenna Quoted In Usa Today Article Apple Gets $290m In Samsung Patent Dispute, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the USA Today article Apple gets $290 million in Samsung patent dispute by Scott Martin. "Today's damage award was much larger than Samsung had argued for, but still significantly less than the $400 million vacated by Judge Koh after the first trial," said Mark McKenna, a law professor at the University of Notre Dame.

Costa Rica And Nicaragua Before The International Court Of Justice – Trying To Work Out The Complicated Relationship Between Law And The Environment, Britta Sjöstedt

Britta Sjöstedt

Nicaragua and Costa Rica have twice turned to the International Court of Justice (ICJ) to resolve disputes related to environmental damage occurring in a transboundary context. In these two cases the Court has to consider at least two issues. The first issue concerns the territorial status of a disputed border area. The disagreement is triggered by natural variations of the San Juan River at the border between the two countries, which causes confusion as to where the State line lies. The second issue concerns environmental damage; more specifically, it involves adversely affected wetlands protected under the Ramsar Convention. The obligations …

What We Can Predict And Affect, Jill Fraley

Jill M. Fraley

No abstract provided.

Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert Rodes

Robert Rodes

No abstract provided.

Mark Mckenna Quoted In Google Scores Key Legal Victory In Books Lawsuit, Mark Mckenna

Mark P. McKenna

Mark McKenna quoted in the USA Today article by Scott Martin "Google scores key legal victory in books lawsuit" "This is a huge victory for Google, which had previously tried to resolve legal issues regarding Google Books by class-action settlement," says Mark McKenna, a law professor at the University of Notre Dame. Law professor McKenna says the decision vindicates Google's massive book-scanning project on fair use grounds, yielding unnecessary an elaborate proposed compensation structure for the effort. "The decision is sure to be appealed, as its implications are enormous," he says.