Law Commons^™

Comcast Corp. V. Behrend: Common Questions Versus Individual Answers—Which Will Predominate?, Daniel Jacobs

Loyola of Los Angeles Law Review

No abstract provided.

Free To Retaliate: A Plaintiff Must Show Retaliation Is The Only Motivation For An Employer's Retaliatory Action, Sansan Lin

Loyola of Los Angeles Law Review

No abstract provided.

Failing To Keep "Easy Cases Easy": Florida V. Jardines Refuses To Reconcile Inconsistencies In Fourth Amendment Privacy Law By Instead Focusing On Physical Trespass, George M. Dery Iii

Loyola of Los Angeles Law Review

This Article analyzes Florida v. Jardines, in which the Supreme Court ruled that a canine sniff of a home from the front porch was a Fourth Amendment search. In reaching this ruling, the Court employed the property-rights definition of a search newly recovered the prior term in United States v. Jones instead of applying the reasonable expectation of privacy test created in Katz v. United States. This work examines the concerns created by Jardines’s ruling. This Article asserts that Jardines refused to resolve a potentially troubling incongruity between Kyllo v. United States, precedent that exalted the privacy of the home, …

"Amorphous Federalism" And The Supreme Court's Marriage Cases, David B. Cruz

Loyola of Los Angeles Law Review

This Article addresses the U.S. Supreme Court’s decisions in Hollingsworth v. Perry and United States v. Windsor, the two cases in the October 2012 Term that took up issues of marriage rights of same-sex couples. After Part I of the Article provides a brief Introduction, Part II examines the Supreme Court’s opinion in Perry. It summarizes the litigation; teases out divergent views of the relevance of federalism for the Court’s standing ruling in the case; identifies the problematic constitutional underpinnings of the Perry dissenters’ views of federal court standing, which rely on an unjustified constitutional privileging of initiative lawmaking; and …

Foreword: The Confident Court, Jennifer Mason Mcaward

Loyola of Los Angeles Law Review

No abstract provided.

Which Institution Should Determine Whether An Agency’S Explanation Of A Tax Decision Is Adequate?: A Response To Steve Johnson, Richard J. Pierce Jr

Duke Law Journal Online

This Essay responds to Professor Steve Johnson’s Article for the 2014 Duke Law Journal Administrative Law Symposium, Reasoned Explanation and IRS Adjudication. I first describe the ways in which courts have added burdensome procedures that are not required by the APA for the notice and comment process. Next, I explain why the Office of Information and Regulatory Affairs (OIRA) is better than courts at reviewing the adequacy of agency reasons for issuing a rule. Finally, I explain how courts can eliminate judicial review for the adequacy of the reasons IRS gives for issuing a rule by applying the traditional …

Pragmatic Administrative Law And Tax Exceptionalism, Richard Murphy

Duke Law Journal Online

This Essay responds to the 2014 Duke Law Journal Administrative Law Symposium. Its principal contention is that courts and other commentators should give due weight to the history and virtues of the evolution of administrative law in the United States—and consider embracing the pragmatism and flexibility that it enables—in applying general principles of administrative law in the tax context.

Mmu: 10/27/14–11/02/14, Student Bar Association

Monday Morning Update

Monday Morning Update "MMU" oct. 27 - Nov. 2

Check out the Notre Dame pumpkins in the Alumni Center this week.

Monday, Oct. 27

• Rosary
• Geoffrey Bennett will present on the London Program
• SBA Meeting

Tuesday, Oct. 28

• Multicultural Student Programs and Services: Defamation
• CDO presents A Summer with the Minnesota Vikings
• Professor Lunch Series: Professor Michael Kirsch
• Third Annual Etiquette Dinner
• Phi Alpha Delta Hoynes Chapter Induction
• World Series

Wednesday, Oct. 29

• The Future Prosecuting Attorney's Council presents John Maciejczyk, Cyber Crime
• CDO presents Judicial Clerkship Process Overview
• Indiana Court of Appeals Oral Argument
• Campus Ministry "Theology on Tap" …

Comment On The Fhfa's Small Multifamily Subgoal, David J. Reiss, Jeffrey Lederman

Cornell Law Faculty Working Papers

As the FHFA sets the housing goals for 2015-2017, it should focus on maximizing the creation and preservation of affordable housing. Less efficient proposed subgoals should be rejected unless the FHFA has explicitly identified a compelling rationale to adopt them. The FHFA has not identified one in the case of the proposed small multifamily subgoal. Thus, it should be withdrawn.

Volume 88, Issue 5 (2014)

Obiter Dicta

No abstract provided.

Vol. 47, No. 08 (October 27, 2014)

Indiana Law Annotated

No abstract provided.

Reply Brief For Appellants. Alabama Legislative Black Caucus V. Alabama, 135 S.Ct. 1257 (2015) (No. 13-895), 2014 Wl 5475026, Eric Schnapper, James U. Blacksher, Edward Still, U.W. Clemon

Court Briefs

No abstract provided.

Top 10 U.S. Supreme Court Cases From The Last Term, Donald Roth

Faculty Work Comprehensive List

"This list is ranked based on my perceptions of importance, newsworthiness, and the interests of this audience. Every Supreme Court case is significant. I just think these will be the most significant for a reading of in all things to know."

Posting about significant U.S. Supreme Court cases from the last term from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/top-10-u-s-supreme-court-cases-you-should-know-about/

5 U.S. Supreme Court Cases Every Christian Should Be Aware Of, Donald Roth

Faculty Work Comprehensive List

"What United Stated Supreme Court cases should Christians be aware of?"

Posting about the five United States Supreme Court cases of which all Christians should be aware from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/supreme-court-cases-christians-should-know-about/

There's An Epidemic On Trial In New York — But It's Not Ebola, Lauren Carasik

Media Presence

No abstract provided.

October 25, 2014: In Our Dark Time, Bruce Ledewitz

Hallowed Secularism

Blog post, “ In Our Dark Time“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Lethal Injection, Politics, And The Future Of The Death Penalty, Stephen Bright, Deborah W. Denno, Joel Zivot, Eric Berger, Frank Green, Mark Earley, Richard B. Roper, Corinna Barrett Lain, Stephen Smith, John Douglass, Brandon L. Garrett, Richard Dieter

University of Richmond Law Review Symposium

“Welcome and Keynote:” Stephen Bright, Harvey Karp Visiting Lecturer at Yale Law School, and President and Senior Counsel with the Southern Center for Human Rights. (9:00 a.m. - 9:45 a.m.)

“The Death Penalty Today: Lethal Injection Issues:” Panel 1 featured Deborah W. Denno, Arthur A. McGivney Professor of Law at Fordham University School of Law; Joel Zivot, Assistant Professor of Anesthesiology and Surgery at Emory University School of Medicine, and Medical Director of the Cardiothoracic Intensive Care Unit at Emory University Hospital; Eric Berger, Associate Professor of Law at Nebraska College of Law; and Frank Green, Reporter for the Richmond …

European Unification - Broadcasting Law - Eastern Europe And The "Television Without Frontiers" Directive: Radio Freed Europe - Can Television Unify It?, Christopher B. Scott

Georgia Journal of International & Comparative Law

No abstract provided.

Houson Putnam Lowry, Critical Sourcebook Annotated: International Commercial Law And Arbitration (Little, Brown & Co., Boston; Toronto; London, 1991), Pp. Xxvi + 532, Carol A. Watson

Georgia Journal of International & Comparative Law

No abstract provided.

Seventh Circuit Allows American Subsidiary To Avoid Title Vii Liability By Asserting Fcn Treaty Rights Of Japanese Parent - American Employees Treated As Second Class Citizens - Court Cites Reciprocal Benefits For American Firms Operating Abroad - Fortino V. Quasar Co., 950 F.2d 389 (7th Cir. 1991)., Steven J. Lewengrub

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights - Haitian Refugees - Haitian Refugees Housed At Guantanamo Bay Naval Base Held To Have No Valid Constitutional Or International Law Claims To Challenge Forced Repatriation By The U.S. Government. Haitian Refugee Center V. Baker, 953 F.2d 1498 (11th Cir. 1992), Cert. Denied, 112 S.Ct. 1245 (1992)., Jason A. Golden

Georgia Journal of International & Comparative Law

No abstract provided.

Enforcement Of Arbitration Agreements: The Severability Doctrine In The International Arena - Republic Of Nicaragua V. Standard Fruit Co., 927 F.2d 469 (9th Cir. 1991)., Jennifer Bagwell

Georgia Journal of International & Comparative Law

No abstract provided.

Russian Membership In The Imf: A Look At The Problems, Past And Present, Buck Wiley

Georgia Journal of International & Comparative Law

No abstract provided.

North American Free Trade Agreement: The Public Debate, Frances Lee Ansley

Georgia Journal of International & Comparative Law

No abstract provided.

The Legal Framework For Private Sector Development In A Transitional Economy: The Case Of Poland, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller, Peter G. Ianachkov, Daniel T. Ostas

Georgia Journal of International & Comparative Law

No abstract provided.

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

Georgia Journal of International & Comparative Law

No abstract provided.

Fearless Friday: Gettysburg Anti-Capitalist Collective, Christina L. Bassler

SURGE

The Gettysburg Anti-Capitalist Collective, also known as GACC, is a recent yet active addition to the campus community. Through their participation in debates, weekly meetings, and organization of events (most notably Wednesday night’s concert featuring political activists Evan Greer and Anne Feeney), GACC provides a forum for discussing and learning about leftist politics. On a campus that many would describe as highly conservative, GACC and its members are nothing short of fearless. [excerpt]

Brief Of Scholars Of The Constitutional Rights Of Children Susannah W. Pollvogt, Catherine E. Smith, And Tanya Washington As Amici Curiae In Support Of Plaintiffs-Appellants And Reversal: Robicheaux V. Caldwell, Catherine E. Smith, Tanya Washington, Susannah W. Pollvogt

Scholarly Articles

Amici are scholars and professors of family law and the law of equal protection. Amici submit this brief to respond directly to arguments advanced by the State of Louisiana that its laws prohibiting same-sex marriage2 are justified because they advance child welfare. Specifically, the State asserts that its laws advance child welfare by promoting Louisiana’s interest in: (1) linking children with their biological parents to prevent the social stigma associated with being “illegitimate” and (2) establishing the child as a member of an intact family resulting from the marriage of the mother and alleged father. These purported justifications express and …

2014 Distinguished Service Award Ceremony Program

Distinguished Service Awards

No abstract provided.

The Challenge Of Seeing Justice Done In Removal Proceedings, Jason A. Cade

Scholarly Works

Prosecutorial discretion is a critical part of the administration of immigration law. This Article considers the work and responsibilities of the Immigration and Customs Enforcement (ICE) trial attorneys, who thus far have not attracted significant scholarly attention, despite playing a large role in the ground-level implementation of immigration law and policy. The Article makes three main contributions. First, I consider whether ICE attorneys have a duty to help ensure that the removal system achieves justice, rather than indiscriminately seek removal in every case and by any means necessary. As I demonstrate, trial attorneys have concrete obligations derived from statutory provisions, …