Law Commons^™

Mapping Citizenship: Status, Membership, And The Path In Between, D. Carolina Nuñez

Faculty Scholarship

No abstract provided.

Plenary Power, Political Questions, And Sovereignty In Indian Affairs, Michalyn Steele

Faculty Scholarship

A generation of Indian law scholars has roundly, and rightly, criticized the Supreme Court’s invocation of the political question doctrine to deprive tribes of meaningful judicial review when Congress has acted to the detriment of tribes. Similarly, many Indian law scholars view the plenary power doctrine — that Congress has expansive, virtually unlimited authority to regulate tribes — as a tool that fosters and formalizes the legal oppression of Indian people by an unchecked Federal government. The way courts have applied these doctrines in tandem has frequently left tribes without meaningful judicial recourse against breaches of the federal trust responsibility …

The Red Mass, Notre Dame Law School

The Red Mass

THE RED MASS

The Mass of the Holy Spirit, or Red Mass, was authored in 802 by Alcuin, an ecclesiastic at the court of Charlemagne. Initially, it was not associated with the Jaw and the judicature but was intended primarily to be a devotion to the Holy Spirit.

Tradition Of The Red Mass, Notre Dame Law School

The Red Mass

THE TRADITION OF THE RED MASS

The Red Mass is an ancient custom dating back to the 13th century, when the solemn votive Mass began being celebrated annually at the opening of the judicial year. From the earliest of times, the Mass has been attended by the judiciary, attorneys at law, law professors, high ranking government officials, distinguished guests, and others who work in the legal arena.

Why Ratification Of The U.N. Convention Of The Law Of The Sea May Violate Article Iii Of The U.S. Constitution, Julian G. Ku

Hofstra Law Faculty Scholarship

No abstract provided.

A Tribute To Justice Antonin Scalia, Michael S. Mcginniss

North Dakota Law Review

No abstract provided.

Suitability Of The Underlying Theories Of Zealous Advocacy In Ensuring Justice: Laying The Ground To Look Beyond The Zealous Advocacy, Liton Chandra Biswas

North Dakota Law Review

No abstract provided.

Ribbon-Cutting Ceremony: Keynote Address, Ruth Bader Ginsburg

American University Law Review

No abstract provided.

The Court And The Cannonball: An Inside Look, Lee Levine, Stephen Wermiel

American University Law Review

No abstract provided.

Impermissive Counterclaims: Why Nonresident Plaintiffs Can Contest Personal Jurisdiction In Unrelated Countersuits, Jon D. Bressler

American University Law Review

No abstract provided.

How Dramatic Shifts In Perceptions Of Parenting Have Exposed Families, Free-Range Or Otherwise, To State Intervention: A Common Law Tort Approach To Redefining Child Neglect, David Manno

American University Law Review

No abstract provided.

2015 Survey Of Government Contract Cases Before The Federal Circuit, Kathleen Hsu

American University Law Review

No abstract provided.

2015 Patent Decisions Of The Federal Circuit, Craig E. Countryman

American University Law Review

No abstract provided.

School Vouchers And Tax Benefits In Federal And State Judicial Constitutional Analysis, Joseph O. Oluwole, Preston C. Green Iii

American University Law Review

No abstract provided.

They['Ve] Got Eyes In The Sky: How The Family Educational Rights And Privacy Act Governs Body Camera Use In Public Schools, Sarah Pierce West

American University Law Review

No abstract provided.

Taxing Remote Sales In The Digital Age: A Global Perspective, Walter Hellerstein

American University Law Review

No abstract provided.

Beyond The Paris Attacks: Unveiling The War Within French Counterterror Policy, Khaled A. Beydoun

American University Law Review

No abstract provided.

Walker V. Texas Division, Sons Of Confederate Veterans, Inc. And License Plate Speech: A Dangerous Roadblock For The First Amendment, Morgan E. Creamer

American University Law Review

No abstract provided.

Animal Sentience: The Other-Minds Problem, Stevan Harnad

Animal Sentience

The only feelings we can feel are our own. When it comes to the feelings of others, we can only infer them, based on their behavior — unless they tell us. This is the “other-minds problem.” Within our own species, thanks to language, this problem arises only for states in which people cannot speak (infancy, aphasia, sleep, anaesthesia, coma). Our species also has a uniquely powerful empathic or “mind-reading” capacity: We can (sometimes) perceive from the behavior of others when they are in states like our own. Our inferences have also been systematized and operationalized in biobehavioral science …

Guns, Gender, Geography: Exploring Reasons For Gun Ownership, Lauren N. Kadet

College of Graduate Studies: Theses & Dissertations

This study was aimed to depict patterns of gun ownership in the United States and to outline the reasons for gun ownership and the influential variables associated with people’s reasons for owning handguns and long guns. This study used data derived from the 2004 National Firearm Survey to examine how respondents’ geographic region of residency, gender, race, age, rural location and education level influenced the likelihood of, and reasons for owning a firearm. The findings from this study suggest that being a male, living in the south and participants’ age was significant in determining the likelihood of participants owning a …

Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance

Animal Sentience

Animals, like children and disabled elders, are not only the subjects of abuse, but they are unable to report and protect themselves from it. Veterinarians, like human physicians, are often the ones to become aware of the abuse and the only ones in a position to report it when their human clients are unwilling to do so. This creates a conflict between professional confidentiality to the client and the duty to protect the victim and facilitate prosecution when the law has been broken. I accordingly recommend that veterinarian associations make reporting of abuse mandatory.

Creating Space For Silence In Law School Collaborations, A. Rachel Camp

Georgetown Law Faculty Publications and Other Works

Law school programs are increasingly expanding collaborative experiences for their students. In many clinical programs, collaboration -- through team pairings and group work – has been the norm, and gradually, collaborative work is being developed throughout the doctrinal law school curriculum. This trend fits within a broader societal emphasis on a collaborative model of working and learning. In both professional and educational settings, collaboration is viewed as critical to the success of ideas and products. Learning theory consistently identifies learning as being “inherently social” and best retained when engaged in with others. And, collaboration can substantially benefit the final work …

The International Health Regulations: The Governing Framework For Global Health Security, Lawrence O. Gostin, Rebecca Katz

Georgetown Law Faculty Publications and Other Works

• The International Health Regulations (IHR) are the governing framework for global health security yet require textual and operational reforms to remain effective, particularly as parallel initiatives are developed.
• The World Health Organization (WHO) is the agency charged with oversight of the IHR, and its leadership and efficient functioning are prerequisites for the effective implementation of the IHR.
• We reviewed the historical origins of the IHR and their performance over the past 10 years and analyzed all of the ongoing reform panel efforts to provide a series of politically feasible recommendations for fundamental reform.
• This article offers proposals for fundamental reform—with …

A Response To Professor Samuel Rascoff’S Presidential Intelligence, Carrie F. Cordero

Georgetown Law Faculty Publications and Other Works

Should foreign intelligence collection be subject to more rigorous oversight, and therefore, improved accountability, through a policy process that involves deeper personal involvement by the President and National Security Council (NSC)? Would a greater number of political appointees across the intelligence community facilitate that oversight? These are the essential questions posed by Professor Samuel Rascoff in his article Presidential Intelligence.

You're Gonna Need A Bigger Boat: Alternatives To The Un Security Council For Enforcing Nuclear Disarmament And Human Rights, David A. Koplow

Georgetown Law Faculty Publications and Other Works

There is a serious problem with the Security Council. That institution endowed by the United Nations Charter with "primary responsibility for the maintenance of international peace and security" -- has stood at the apex of the global political, diplomatic, and legal structure for seventy years, responding (more or less) to the full panoply of incessant dangers and provocations. The Charter could not have been crafted or sustained without it, and the Security Council has, at least, assisted in preserving a measure of fundamental world order-in particular, it has helped avoid the cataclysm of a World War III.

But a central …

After Snowden: Regulating Technology-Aided Surveillance In The Digital Age, David Cole

Georgetown Law Faculty Publications and Other Works

Imagine a state that compels its citizens to inform it at all times of where they are, who they are with, what they are doing, who they are talking to, how they spend their time and money, and even what they are interested in. None of us would want to live there. Human rights groups would condemn the state for denying the most basic elements of human dignity and freedom. Student groups would call for boycotts to show solidarity. We would pity the offending state's citizens for their inability to enjoy the rights and privileges we know to be essential …

Heightened Procedure, Jessica Erickson

Law Faculty Publications

When it comes to combating meritless litigation, how much should procedure matter? Conventional wisdom holds that procedure should be uniform, with the same rules applying in all civil cases. Yet the causes of meritless litigation are not uniform, making it difficult for identical procedures to address the problem. As a result, lawmakers frequently turn to what this Article calls “heightened procedure”—additional procedures applicable only in designated areas of the law. Across a variety of substantive areas, lawmakers have adopted heightened pleading standards, stays of discovery, agency review, and a multitude of other tools from the heightened procedural toolbox. Despite the …

Meyer, Pierce, And The History Of The Entire Human Race: Barbarism, Social Progress, And (The Fall And Rise Of) Parental Rights, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

Long before the Supreme Court’s seminal parenting cases took a due process Lochnerian turn, American courts had been working to fashion family law doctrine on the premise that parents are only entrusted with custody of the child, and then only as long as they meet their fiduciary duty to take proper care of the child. With its progressive, anti-patriarchal orientation, this jurisprudence was in part a creature of its time, reflecting the evolutionary biases of the emerging fields of sociology, anthropology, and legal ethnohistory. In short, the courts embraced the new, “scientific” view that social “progress” entails the decline and, …

Knowing When Not To Fight, David Luban

Georgetown Law Faculty Publications and Other Works

Should military personnel (“soldiers”) become selective conscientious objectors to an unjust war? This chapter argues, first, that in most cases the fog of war and politics makes it unreasonable to expect soldiers to make fact-intensive judgments about whether the war is just. Second, it argues that even a justwar tribunal, of the sort proposed by Jeff McMahan, will not do the job. It will inevitably lack the legitimacy and fact-finding capacity necessary to reassure soldiers in such a weighty decision. Third, the moral importance of maintaining civilian control of the military means that soldiers should generally obey orders to deploy. …

Quasi-Public Spending, John R. Brooks

Georgetown Law Faculty Publications and Other Works

The United States has increasingly designed certain public spending programs not as traditional tax-financed programs, but rather as mixtures of private expenditures, subsidies, and limited taxes. Thus part of what could have gone to the government as a tax is instead used to purchase the good or service directly, with only incremental taxes and subsidies to manage distributional goals. This Article terms this “quasi-public spending,” and argues that it is descriptive of our evolving approaches to both health care and higher education. Based on this observation, the Article defines and analyzes quasipublic spending and compares it to both traditional public …