Law Commons^™

Salvi Mock Trial Fellow Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Each year, third-year students with a demonstrated, ongoing commitment to Mock Trial will be considered for selection as Fellows. Selected students will receive a monetary award that can be used at their discretion and be recognized for their dedication to the program.

The gift will provide vital support for team site visits to observe trial attorneys in practice and for travel to competitions across the country. Through this investment, the Salvi family is strengthening Notre Dame Mock Trial’s national presence while advancing the Law School’s mission to prepare advocates who pursue justice with skill and integrity.

A. Harold Weber Writing Award, Notre Dame Law School

Student, Faculty, and Staff Awards

For Excellence in Legal Writing

Chosen by a faculty panel based on the student’s writing submission.

What will it profit you to know all the law and the prophets if you lack the power to make these clear to others? – Lloyd T. Stryker

Alvin Mckenna Alumnus Of The Year Award, Black Law Students Association, Ndls

Student, Faculty, and Staff Awards

Presented by BLSA to a graduate who distinguishes him/herself with the African American legal community and through support of BLSA programs & activities. The honoree also demonstrates a commitment to service through active involvement within the community.

Captain William O. Mclean Award, Student Bar Association

Student, Faculty, and Staff Awards

Notre Dame Law School Community Citizenship Award

Conrad Kellenberg Award, Student Bar Association

Student, Faculty, and Staff Awards

In honor of Professor Conrad Kellenberg’s fifty years of service to the Notre Dame Law School and the local community, this award is annually given to a graduating student chosen by the 3L class. The recipient has dedicated substantial time to improving the community through service. In keeping with the legacy Professor Kellenberg created, such service includes participation in the Notre Dame Legal Aid Clinic, volunteering at local community organizations, and to mentoring youth in the South Bend area.

Clinical Legal Education Association Outstanding Student Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Chosen by the Clinical faculty for outstanding contributions to the Law School’s clinics through excellence in clinical work.

Edward F. Barrett Award For Trial Advocacy, Notre Dame Law School

Student, Faculty, and Staff Awards

The advocate champions the cause entrusted to him honorably and with the courage born of competence, to the end that justice shall prevail.

This award recognizes outstanding achievement in the art of trial advocacy. Chosen by the Trial Advocacy faculty and established in honor of Professor Edward F. Barrett.

Charles Crutchfield Professorial Excellence Award, Black Law Students Association, Ndls

Student, Faculty, and Staff Awards

Named in honor of the first African American member of the Notre Dame Law School Faculty, the Black Law Student Association presents the award to a current professor, who like Professor Crutchfield, demonstrates a commitment to diversity both in and outside of the classroom, as evidenced by scholarship and personal example.

Arthur A. May Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Arthur May received his LL.B. from the Notre Dame Law School in 1947. For over 45 years, Mr. May served as a role model for young attorneys in the development of their trial advocacy skills.

Chosen by the Moot Court Trial Team faculty, this award is presented annually to a member of the Notre Dame Barristers Team (Moot Court Trial Team) who demonstrates a commitment to professional ethical standards and who exhibits excellence in trial advocacy.

Dean Konop Legal Aid Award, Notre Dame Law School

Student, Faculty, and Staff Awards

For outstanding participation as a member of the Notre Dame Law School Legal Aid and Defender Association established by his family in memory of Thomas F. Konop, Dean Notre Dame Law School 1923-1941

The Prohibition Of Force Is The First Principle Of International Humanitarian Law, Mary Ellen O'Connell

Journal Articles

This article tracks the decline of respect for the prohibition of force, IHL, and human rights law. At the same time, it will clarify the inter-relationship of the three bodies of international law relevant to armed conflict. The article also considers why presidents first began to “abandon peace.” The evidence indicates that a major reason involves the influence of realist political theory. Realism asserts that national security is attained by amassing and demonstrating superior military capability. A president who follows the theory will defy the law against the use of force. Following realism is also at odds with the empirical …

A Trusteeship Theory Of Pro Bono: Versions And Perversions, David Luban

Georgetown Law Faculty Publications and Other Works

This chapter develops a trusteeship justification of pro bono, arguing that lawyers, as trustees of a public legal system created through democratic self-authorship, have a moral obligation to help address the persistent justice gap affecting persons of limited means. It evaluates multiple forms of pro bono — including voluntary, mandatory, low bono, and state-compelled service — evaluating how well each aligns with the trusteeship model. The chapter contrasts the trusteeship theory with, and criticizes, two alternative justifications for pro bono: presumed lawyer consent rooted in professional tradition and a quid pro quo based on state-authorized privileges. It concludes by distinguishing …

Price Drop Damages, Vincent S.J. Buccola, Adriana Z. Robertson

Coase-Sandor Institute for Law & Economics Research Paper Series

Assessing damages is often hard. When a reference asset–like stock–that is affected by misconduct trades in a liquid market, there is an appealing shortcut: price drop damages. The logic is simple: a court can leverage the fact that the price of this asset will reflect the consensus view among market participants of harm caused by the misconduct. But because market prices also reflect the expected value of any legal remedy, price drop damages are biased. We develop a simple model that allows us to characterize the magnitude and direction of this bias. We show the price drop damages understate harm …

Valuing Future Lives, Daniel J. Hemel, Jonathan S. Masur

Coase-Sandor Institute for Law & Economics Research Paper Series

Federal regulation often involves a tradeoff between monetary costs in the present and life-saving benefits in the future. A central question in regulatory cost-benefit analysis is how to assign a present dollar value to future lives so that future lives and present dollars can be compared. For regulations that are projected to prevent deaths years or decades down the road, agencies make two key analytical moves. First, they adjust the value of a statistical life upward to reflect the fact that society’s willingness to pay to save lives will rise as people become wealthier in the future. Second, they discount …

Finding Debtor's Counsel, Anthony Casey, Emma Lotts

Coase-Sandor Institute for Law & Economics Research Paper Series

In this Essay, we explore the question of how to assess the independence of debtor’s counsel in Chapter 11. The question has arisen in recent high-profile bankruptcy cases, attracting renewed attention from commentators. We examine these cases and revisit the unique role that debtor’s counsel serves.

From this analysis, a few guiding principles emerge for determining independence and managing conflicts that may arise. First, consistent with the rules outside of bankruptcy, sophisticated parties are capable of waiving conflicts and should be free to do so when their interests alone are affected by the conflict. Second, the possibility of conflicts—both real …

Leaning Into Absence: Lessons From Kony, Mark A. Drumbl

Scholarly Articles

This article begins with the confirmation of charges decisions undertaken by the International Criminal Court in the Kony case. These proceedings struggled with the reality of in absentia. This article addresses the high absentee rate among individuals against whom the International Criminal Court (ICC) has issued arrest warrants and notes the stark presence of absence in the ICC’s work as well as within the enforcement of international criminal law at large. This article suggests that international criminal lawyers lean into the prevalence of absence and reboot predominant collective thinking. One path forward is to truly and warmly embrace transitional …

The Other Side Of The Glass Cliff, Angela Onwuachi-Willig, Kellye Testy

Faculty Scholarship

First articulated by researchers Michelle K. Ryan and S. Alexander Haslam in 2005, the glass cliff theory posits that individuals from traditionally underrepresented groups in leadership, such as women and people of color, are more likely to obtain executive leadership positions during times of crisis, which means that such leaders take on their roles under conditions where they are more prone to fail. In this Essay, we focus on what we have termed “the other side of the glass cliff”: the intentional steps that women and people of color leaders in the legal academy have taken to build structures that …

Ensuring Rich Rigor Of Qualitative Methodologies In Behavior Analytic Research, Daria K. Lorio-Barsten, Selena J. Layden

Human Movement Studies & Special Education Faculty Publications

Quantitative methods remain the hallmark of research in applied behavior analysis. Yet, such methods frequently fail to capture the nuances of context where behavior analysis is practiced. Therefore, qualitative methods can provide complementary means to gain deeper insight into changes in socially significant behavior. We believe that researchers within the field of behavior analysis have much to gain from embracing qualitative methodologies. We propose that more researchers can and should consider conducting rigorous qualitative research to elevate the voices of the participants and relate the depth and complexities of their nuanced experiences. This article discusses Tracy’s “big tent” quality criteria …

Bloodstain Pattern Analysis And The Gatekeeping Role Of Canadian Courts, Sara Gordon

All Faculty Publications

Despite its long history of admission throughout North America, there appears to be no published Canadian case subjecting bloodstain pattern analysis to the special scrutiny Canadian law demands for novel or contested scientific evidence. Instead, courts have admitted the evidence based largely on the training and experience of forensic examiners, taking it for granted that the field is sufficiently reliable. However, the application of the White Burgess framework reveals that there are serious and severe concerns about the underlying scientific validity of the technique which should render it generally inadmissible. At Stage One of White Burgess, bloodstain pattern analysis fails …

Race And Racism In Canada’S Immigration Detention System, Efrat Arbel, Prasanna Balasundaram, Hanna Gros, Nana Yanful

All Faculty Publications

Race and Racism in Canada's Immigration Detention System is the first comprehensive, independent study to examine race and racism in Canada's immigration detention system. Grounded in rigorous legal analysis and qualitative research, the study draws on interviews with 50 participants, including people with lived experience of immigration detention, as well as lawyers, paralegals, and service providers who work in immigration detention. The research was guided by an advisory board of people with lived-experience in immigration detention and co-led by a collaborative research team.

Model Law? Template Legal Culture And The Global Production Of Environmental Law, Natasha Affolder

All Faculty Publications

Lawyers build from templates. Accounts of how law is made rarely mention them. New legislation tends to present itself as original. It is almost never made from scratch. This article makes the hidden process visible. It does so through a study of the near-global spread of environmental impact assessment (EIA) legislation since 1969, using computer-assisted textual similarity analysis to trace what I expected to be identifiable model laws and clear lines of legal inheritance. The search yielded instead a transnational repertoire of legal fragments, repeatedly recombined into new legislative forms across different legal traditions, languages and decades. EIA's legislative spread …

Was The Early U.S. Tax Treaty Program A One-Man Show?, Wei Cui

All Faculty Publications

This article examines the origins of the U.S. tax treaty program from the mid-1930s to the early 1950s. Drawing on congressional records and previously unexamined Treasury and State Department archives, it argues that the program was shaped to an extraordinary degree by a single Bureau of Internal Revenue official, Eldon P. King. Far from merely administering treaty policy, King effectively created and directed it: he developed legal justifications for treaty negotiations, selected negotiating partners, led negotiations, managed relations with the State Department, and helped secure Senate acceptance of the resulting agreements. The article shows how King transformed the limited treaty-related …

Taking A “Persuade Me” Approach: Gatekeeping Forensic Firearms Comparison Evidence In Canadian Courts, Sara Gordon

All Faculty Publications

Forensic firearms comparison evidence is routinely admitted in Canadian criminal trials and is often presented as a reliable means of identifying whether fired ammunition components originated from a particular firearm. For nearly 100 years, Canadian courts have admitted this evidence based largely on examiner claims about the reliability of the technique without subjecting those claims to meaningful scrutiny or limiting examiner conclusions to those that are empirically supported. Drawing on recent scientific literature, however, this article demonstrates that existing studies of forensic firearms analysis suffer from significant methodological flaws that may systematically underestimate error rates and do not establish the …

False Idols In The Early History Of International Taxation, Wei Cui

All Faculty Publications

A careful reading of recent scholarship on the early history of international taxation, especially on the League of Nations ’ work on ‘ double taxation ’ , ought to have dislodged many myths about this history. But more often than not, such scholarship is taken to offer mere details without altering our fundamental understanding. This chapter suggests that this reception refl ects a longstanding pattern in discourses about international taxation: participants perpetuate or cling onto narratives that are easily seen to be false. The chapter exposes this pattern by summarising evidence for four rarely-acknowledged conclusions about the League ’ s …

Good Faith And Certainty In Contract Law, Marcus Moore

All Faculty Publications

Does a general principle of good faith create too much uncertainty in  Contract Law? This article provides in-depth consideration of the controversy around this question.Reviewing a number of common arguments and reasonswhy good faith is said to be too uncertain, and responses to these, the article finds a complex picture rather than a simple answer. Recent Canadian experience with recognising a general principle of good faith in contractual performance suggests that at least two further details are critical to the potential for uncertainty: first, whether good faith operates as a freestanding duty or instead functions as a unifying principle that …

Unleashing Mass Entrepreneurship: Firm-Level Evidence On The Impact Of China’S Registered Capital Reform, Wei Cui, Mengying Wei

All Faculty Publications

A 2013 amendment of China’s Company Law allowed limited liability companies to form without any minimum equity requirement. Using a confidential taxpayer dataset, we causally identify the reform’s impact on the composition of new firms and their financing choices. Firmentry surged by 33%. Newfirms started with 31.6% lower assets but operated at similar scales as prior firms. While entrants’ average profitability remained the same, smaller entrants saw increased profitability post-reform, indicating entry by productive butwealth-constrained entrepreneurs. Consistent with a preference for debt over equity, new entrants displayed a 94% decline in equity and large increases in liabilities. This indicates that …

“Spinning Wheel Got To Go Round”: Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Tom Kierner, Stephen T. Middlebrook

Articles by Maurer Faculty

The past year reminds us of the rock lyrics from “Spinning Wheel” on Blood, Sweat & Tears’s 1968 self-titled record—“What goes up, must come down/Spinning Wheel got to go round”—because there have been many changes in strategy and reversal of policy since President Trump’s inauguration in January 2025. Our Survey documents these changes and reversals as they affect electronic payments and financial services. This year’s Survey also reports on warnings from state and federal regulators aimed at bank and non-bank providers of consumer financial services. Part II examines an FTC enforcement action related to the unfair and deceptive marketing of …

Alabama Constitutional Revision Collection, University Of Alabama School Of Law

Manuscript Collections

This collection consists of correspondence and meetings notes from committee meetings, notes on revisions, and periodic reports on revisions from the revisions proposed to the Alabama Constitution from 2011-2014. It also contains a number of bound materials pertaining to the Alabama State Constitution and the Alabama Code.

Af-Xray: Visual Explanation And Resolution Of Ambiguity In Legal Argumentation Frameworks, Yilin Xia, Heng Zheng, Shaun Bowers, Bertram Ludäscher

Computer Science Faculty Scholarship

Argumentation frameworks (AFs) provide formal approaches for legal reasoning, but identifying sources of ambiguity and explaining argument acceptance remains challenging for non-experts. We present AF-XRAY, an open-source toolkit for exploring, analyzing, and visualizing abstract AFs in legal reasoning. AF-XRAY introduces: (i) layered visualizations based on game-theoretic argument length revealing well-founded derivation structures; (ii) classification of attack edges by semantic roles (primary, secondary, blunders); (iii) overlay visualizations of alternative 2-valued solutions on ambiguous 3-valued grounded semantics; and (iv) identification of critical attack sets whose suspension resolves undecided arguments. Through systematic generation of critical attack sets, AF-XRAY transforms ambiguous scenarios into grounded …

Working Families V Ontario: Toward A Principle Of Voter Agency, Jamie Cameron

Articles & Book Chapters

In Working Families v. Ontario, the Supreme Court’s interpretation of the right to vote was complicated by the triangulation of s.2(b), s.3, and s.33 of the Charter. After Ontario’s twelve-month spending limits on third-party advertising were invalidated under s.2(b) of the Charter the government of Ontario re-enacted the same limits and added an override provision to pre-empt review under that guarantee. In the s.3 litigation that followed – referred to in this article as Working Families 2 – the Supreme Court held, by 5-4 vote, that the same third-party spending limits violated s.3’s right to vote. This short …