Law Commons^™

Recent Decision Note, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

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

Robert Rodes

No abstract provided.

The Passing Of Nonsectarianism--Some Reflections On The School Prayer Case, Robert E. Rodes

Robert Rodes

Engel v. Vitale was a landmark case which marked a jurisprudential shift in the constitutional meaning of the Establishment Clause. This paper, written in the aftermath of this important case, reflects on, and contrasts, England's historical establishment of the Church with historical nonsectarianism in the United States. After analyzing the role which the tripartite Protestant-Catholic-Jew nonsectariansm played in society before Engle, the paper suggests that nonsectarianism served the beneficial purpose of directing the whole institutional structure of society toward the last end of human beings. With the passing of nonsectarianism, the nation is left with the problem of accurately and …

Professional Activities And The Antitrust Laws, Joseph P. Bauer

Joseph P. Bauer

No abstract provided.

Capital Gains Distributions Treated As Principal Under The Uniform Principal And Income Act, James H. Seckinger

James H. Seckinger

No abstract provided.

Medical And Dental X-Rays--A Time For Re-Evaluation And State Action, James H. Seckinger

James H. Seckinger

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.

Citation List To "Six Puzzles For Professor Akhil Amar," "The Puzzles," And "The Answers", Seth Barrett Tillman

Seth Barrett Tillman

This is a citation list to Tillman's "Six Puzzles for Professor Akhil Amar," "The Puzzles," and "The Answers."[27 April 2015]

Extract From Stephen E. Sachs' Book Review, Illinois Law Review, Citing Tillman's Contribution On The Originalism Blog, Seth Barrett Tillman

Seth Barrett Tillman

Extract from Stephen E. Sachs, The “Unwritten Constitution” and Unwritten Law, 2013 U. Ill. L. Rev. 1797, 1822 n.177 (reviewing Akhil Reed Amar, America’s Unwritten Constitution (2012)) (citing Michael Ramsey, Michael Stern and Seth Barrett Tillman on the Vice President’s Impeachment Trial, The Originalism Blog (Nov. 4, 2012, 7:00 AM)).

[October 27, 2013]

Power To The People: Building Sustainable Jobs In The Illawarra: A Report For The South Coast Labour Council, Mike Donaldson, Scott Burrows, Ann Hodgkinson, Frank Neri, Peter Kell, Chris Gibson, Gordon Waitt, Frank Stillwell

Chris Gibson

13 Februrary, 2009 Green Jobs Illawarra – Outline Brief South Coast Labour Council – Regional Employment Strategy This is a brief of the regional green jobs strategy for consideration at the meeting of the multi-disciplinary group at the University of Wollongong. Naturally the Labour Council welcomes suggestions about the strategy and its implementation. Objective To develop, promote and implement a regional strategy to create jobs in the green and other emerging industries which will form one (important) part of the region’s response to the expected job losses caused by the global economic crisis.

Morality And Police Conduct: A Way Forward For Ethical Policing, Michael Crowley, Ann-Claire Larsen

Michael Crowley

At times the police make headline news for the wrong reasons having violated a rule or procedure, overstepped their powers in investigating a crime or broken the law. Sometimes, however, police behaviour, which is dubious, improper or unethical, is accepted by the judiciary. This paper explores the disjuncture between universal moral principles found in the Western Australian Police Code of Conduct and improper police conduct that discretionary decision making allows. This paper contends that although some universal moral principles are violated with apparent impunity, moral principles serve to provide an external morality guide to police. As a way forward, Habermas‘ …

Soft Law And The Principle Of Fair And Equitable Decisionmaking In International Contract Arbitration, Larry Dimatteo

Larry A DiMatteo

This article provides a survey of the special relationship between international commercial arbitration and soft law instruments. It briefly traces the historical roots of the lex mercatoria to its present enunciation in the Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts. It discusses the characteristic of the hardness and softness of laws in an international commercial law context. The CISG is studied not only as a hard law, but also as an example of soft law. The affinity between soft law and international commercial arbitration is explored, as well as …

Prosecutorial Decriminalization, Erik Luna

Erik Luna

The article discusses the legal concept of prosecutorial decriminalization in the U.S. as of July 2012, focusing on an analysis of the use of criminal laws to enforce the public standards of morality in America. Penal codes and criminal sanctions are addressed, along with several reform measures aimed at restructuring a criminal law system in the U.S. which has reportedly been overburdened by overcriminalization. The use of the American judiciary system as a check on overcriminalization is mentioned.

The Bin Laden Exception, Erik Luna

Erik Luna

Osama bin Laden's demise provides an opportune moment to reevaluate the extraordinary measures taken by the U.S. government in the "war on terror," with any reassessment incorporating the threat posed by al Qaeda and other terrorist organizations. Some modest analysis suggests that terrorism remains a miniscule risk for the average American, and it hardly poses an existential threat to the United States. Nonetheless, terrorism-related fears have distorted the people's risk perception and facilitated dubious public policies, exemplified here by a series of programs implemented by the Transportation Security Administration (TSA). Among other things, this agency has adopted costly technology and …

Judicial Discretion: A Look Back And A Look Forward Five Years After Booker, Erik Luna

Erik Luna

Not available.

Sense And Sensibility In Mandatory Minimum Sentencing, Erik Luna, Paul Cassell

Erik Luna

Not available.

Mark Mckenna Quoted In The Guardian Article "Samsung Says $52m, Not $380m, Is Owed For Apple Patent Infringement, Mark Mckenna

Mark P. McKenna

Mark McKenna quoted in The Guardian article by Charles Arthur "Samsung says $52m, not $380m, is owed for Apple patent infringement. “Most cases with these enormous stakes would have settled by now – particularly once the court ordered a new trial on damages, which could substantially increase or decrease the damage award," McKenna said by email. "But once the court took off the table the possibility of an injunction (which would have taken Samsung products off the market), the risk to Samsung was significantly lower, reducing its incentive to settle. And Apple wants something significant to show for its efforts. …

A Methodical Approach To Legal Research: The Legal Research Plan, An Essential Tool For Today's Law Student And New Attorney, Caroline L. Osborne

Caroline L. Osborne

This article lays out an approach to teaching legal research through an examination of historical and contemporary approaches to legal research and research instruction. It discusses creating a research plan and reviews the most commonly used legal research texts. It concludes with sample research assignments and assessment tools.

Contextualizing Legitimacy, Kish Vinayagamoorthy

Kish Parella

The article discusses the effects of jurisprudential values on the responsibility to prevent and the relationship between the State sovereignty and the responsibility of the State to prevent its citizens from crime. It evaluates how international law can facilitate the implementation of the responsibility to prevent. It emphasizes that international lawyers and academics should consider the qualities that define law and distinguish legal norms and social norm from principles of society.

Rethinking How Business Purpose Is Taught In Catholic Business Education, Lyman P. Q. Johnson, Michael Naughton, William Bojan

Lyman P. Q. Johnson

Business education at a Catholic university should engage students and faculty across the university in critically examining the purpose of business in society. Following the best practices of leading business schools, the Catholic business curriculum has mostly focused on the shareholder and stakeholder approaches - with the shareholder approach being the predominant view. Creatively engaging the Catholic Social Tradition (especially the “community of persons”) can bring a richer appreciation of the purpose of business in our contemporary society than either the shareholder or stakeholder approaches. We argue that far more discretion to pursue various corporate purposes in manifold ways exists …

Mark Mckenna Quoted In Ap Article On Apple, Samsung Trial, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Associated Press article by PAUL ELIAS Apple, Samsung resume court battle over smartphone patents as trial opens in Silicon Valley "Most cases with these enormous stakes would have settled by now — particularly once the court ordered a new trial on damages, which could substantially increase or decrease the damage award," said Notre Dame law school professor Mark McKenna, who specializes in technology. But McKenna said a key incentive for both companies to reach a settlement was removed by U.S. District Judge Lucy Koh when she refused to ban U.S. sales of the Samsung …

Panelist, "A Trauma-Informed Approach To Girls: What It Is, Why Its Needed", Francine Sherman

Francine T. Sherman

No abstract provided.

Digital Copyright Enforcement Measures And Their Free Speech Harms, Peter Yu

Peter K. Yu

No abstract provided.

Climate Change, Natural Disasters And Non-Refoulement: What Scope For Resisting Expulsion Under Articles 3 & 8 Echr?, Matthew Scott

Matthew Scott

This presentation sets out in brief the concepts of environmentally-related harm and climate change-related harm, and considers the extent to which individuals fearing such harm can resist expulsion by relying on Articles 3 and 8 of the European Convention on Human Rights. Recognising the limited scope of protection, the presentation summarises some potential arguments for extending the scope of protection by incorporating consideration of the role of anthropogenic climate change in the harm feared.

Quoted In Daily Tax Report On 'Midco' Asset Transaction, Robert D. Probasco

Robert Probasco

No abstract provided.

Dialogic Defense Of Alden, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.

Tort Law: The Languages Of Duty, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.

States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve

Jay Tidmarsh

No abstract provided.

Pound's Century, And Ours, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.

A Process Theory Of Torts, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.