Law Commons^™

Copyright And Permissions: Sometimes They're The Same, Kopana Terry

Library Presentations

No abstract provided.

Notre Dame Lawyer - Fall 2008, Notre Dame Law School

Notre Dame Lawyer

Why Notre Dame Law School Matters
What is it that makes Notre Dame Law School uniquely qualified to transform good people into great lawyers? Our five newly promoted faculty members will share their perspectives.

$5 Million Law Fellowship Challenge
A bequest from the late Frank Eck, Sr. rallies Notre Dame Law School to raise $5 million, to be matched dollar-for-dollar for student fellowships.

Ximena MedellÀn: CCHR Postdoctoral Research Associate
This recent Notre Dame Law School LL.M. alum is making her mark fighting crimes against humanity in Latin America.

$15 Million Gift Paves Way for Renovation
The existing Law School will …

Stop! Are You Sure You Want To Throw Grandpa's Body Away?, Thomas A. Robinson

University of Miami Law Review

No abstract provided.

Gonzales V. Carhart: The Partial Termination Of The Right To Choose, Laura J. Tepich

University of Miami Law Review

No abstract provided.

A New Deal For The American Mortgage: The Home Owners' Loan Corporation, The National Housing Act And The Birth Of The National Mortgage Market, Peter M. Carrozzo

University of Miami Business Law Review

No abstract provided.

Who's At Risk? Abbott And Costello Take On Section 465, Ajay Gupta

University of Miami Business Law Review

No abstract provided.

The Sustainability Principle In Energy, Irma S. Russell

Faculty Works

No abstract provided.

Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins

University of Michigan Journal of Law Reform

Hurricane Katrina was one of the worst natural disasters ever to strike the United States, in terms of casualties, suffering, and financial cost. Often overlooked among Katrina s victims are the 8,000 inmates who were incarcerated at Orleans Parish Prison (OPP) when Katrina struck. Despite a mandatory evacuation of New Orleans, these men and women, some of whom had been held on charges as insignificant as public intoxication, remained in the jail as the hurricane hit, and endured days of rising, toxic waters, a lack of food and drinking water, and a complete breakdown of order within OPP Wien the …

Eyes Wide Shut: How Ignorance Of The Common Interest Doctrine Can Compromise Informed Consent, Katharine Traylor Schaffzin

University of Michigan Journal of Law Reform

This Article addresses the novel ethical problems presented by the common interest doctrine that implicate an attorney's duties of diligence, confidentiality, and loyalty to his or her client. These adverse effects of informal aggregation are not always fully considered before engaging a client in a common interest arrangement, but they should be. In Part II, this Article first explains the potential advantages that the common interest doctrine presents as an evidentiary tool, but then recognizes that exercise of the doctrine creates an undefined duty on the part of the attorney to the party with whom a client exchanges confidential information. …

Viewing Virtual Property Ownership Through The Lens Of Innovation, Ryan Vacca

Faculty Publications

Over the past several years, many scholars have wrestled with the idea of how property rights for items created in virtual worlds should be conceptualized. Some have discussed utilitarian models, others have examined a Lockean natural rights theory, and still others view virtual property merely as another form of intellectual property. Regardless of how virtual property is conceptualized and which theory it best fits, most, if not all, commentators agree that the law ought to recognize virtual property as property and vest someone with those rights.

This Article moves beyond the initial debate about how property rights in virtual property …

What The Hein Decision Can Tell Us About The Roberts Court And The Establishment Clause, Carl H. Esbeck

Faculty Publications

This extended essay plays off the Supreme Court's recent decision in Hein v. Freedom From Religion Foundation, Inc., 127 S. Ct. 2553 (2007) (plurality opinion), rejecting taxpayer standing where the claim on the merits challenges discretionary actions by officials in the executive branch said to violate the establishment clause. While the matter directly at hand is the scope of taxpayer standing first permitted in Flast v. Cohen (1968), the essay uses the "injury in fact" requirement for standing to delve into the manner by which the four opinions in Hein give us insight into how the Roberts Court will approach …

Negotiating Democracy In Brazil: The Politics Of Exclusion, Bernd Reiter

Government and International Affairs Faculty Publications

Do societal inequalities limit the effectiveness of democratic regimes? And if so, why? And how? Addressing this question, Bernd Reiter focuses on the role of societal dynamics in undermining democracy in Brazil. Reiter explores the ways in which race, class, and gender in Brazil structure a society that is deeply divided between the included and the excluded—and where much of the population falls into the latter category. Tracing the mechanisms of the profound cultural resistance to genuine democratization that he finds dominant among the elite, his theoretically and empirically rich analysis offers an alternative way of understanding both the nature …

Table Of Contents - Cardozo Public Law, Policy And Ethics Journal, Vol. 7, Iss. 1

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Justice Kennedy's Short-Lived Libertarian Revolution: A Brief History Of Supreme Court Libertarian Ideology, Stephen O'Hanlon

Cardozo Public Law, Policy & Ethics Journal

This paper contends that Justice Anthony Kennedy did not initiate a libertarian jurisprudential revolution following Lawrence v. Texas. The article begins with an overview of constitutional fundamental rights jurisprudence and examines similarities with libertarian theory.

The paper then assesses the legal decisions of Justice Kennedy but concludes that Justice Kennedy is not a libertarian. This provides the basis for critiquing Professor Randy Barnett's assertion that Justice Kennedy was the instigator of a libertarian revolution in U.S. Supreme Court jurisprudence. The fact that Justice Kennedy is not a libertarian is apparent from his reasoning in the recent partial birth abortion …

Confessing In The Human Voice: A Defense Of The Privilege Against Selfincrimination, Andrew E. Taslitz

Cardozo Public Law, Policy & Ethics Journal

The Fifth Amendment privilege against self-incrimination is a cornerstone of American constitutional law, yet it faces erosion through recent Supreme Court rulings and scholarly critiques. The article presents a novel defense of this privilege, focusing on the protection of the "literal voice" and "metaphorical voice," arguing that compelled speech uniquely harms dignity, identity, and autonomy. It critiques existing justifications as insufficient and proposes a framework rooted in social science and linguistic compulsion, emphasizing the privilege's role in preventing state overreach and safeguarding individual autonomy.

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.

Disability Rights, Disability Discrimination, And Social Insurance, Mark Weber

College of Law Faculty

This paper asks whether statutory social insurance programs, which provide contributory tax-based income support to people with disabilities, are compatible with the disability rights movement's ideas. Central to the movement that led to the Americans with Disabilities Act is the insight that physical or mental conditions do not disable; barriers created by the environment or by social attitudes keep persons with physical or mental differences from participating in society as equals. The conflict between the civil rights approach and insurance seems apparent. A person takes out insurance to deal with tragedy, such as premature death, or damage, such as accidental …

2008-2009 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.

Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro

University of Miami Inter-American Law Review

No abstract provided.

The Misinterpretation Of The Patent Exhaustion Doctrine And The Transgenic Seed Industry In Light Of Quanta V. Lg Electronics, Tod Michael Leaven

North Carolina Journal of Law & Technology

No abstract provided.

Testing The Limits Of Procedural Rulemaking: How The Federal Circuit Can Use Tafas V. Dudas To Clarify The Authority Of The Patent Office, Michael Neuerburg

North Carolina Journal of Law & Technology

No abstract provided.

Mdy Industries V. Blizzard Entertainment: Preventing The Use Of Software Robots In An Online Game With Copyright Law, Satish Chintapalli

North Carolina Journal of Law & Technology

No abstract provided.

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.

What Shall We Do With The Drunken Sailor: The Intersection Of The Takings Clause And The Character, Merit, Or Impropriety Of Regulatory Action, David W. Spohr

Southeastern Environmental Law Journal

No abstract provided.

Oregon's Experience With Property Rights Compensation Statutes, Charles C. Carter

Southeastern Environmental Law Journal

No abstract provided.

International Wetland Conservation And The Ramsar Convention: Do Broad Measures And Wise Use Equal Meaningful, Transboundary Solutions, Sandra Vriesinga

Southeastern Environmental Law Journal

No abstract provided.

Annexation In South Carolina, Wesley E. Henderson

Southeastern Environmental Law Journal

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

Sweet Land Of Property?: The History, Symbols, Rhetoric, And Theory Behind The Ordering Of The Rights To Liberty And Property In The Constitutional Lexicon, Steven Semeraro

South Carolina Law Review

No abstract provided.

For A Few Dollars More: The Perplexing Problem Of Unethical Billing Practices By Lawyers, Douglas R. Richmond

South Carolina Law Review

No abstract provided.