Law Commons^™

Sacred Places Of Notre Dame: Kresge Law Library Main Reading Room, Marcus Cole

2019–Present: G. Marcus Cole

Dec 19, 2019

Today our journey brings us to the Main Reading Room in the Kresge Law Library where the dean of the Law School invites us to express gratitude in this Advent season. go.nd.edu/SacredPlaces.

Meeting His Wife - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

My Domer Brother And Me - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

The Love For Notre Dame - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

The Hair - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Be Someone’S Miracle Today - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

The World Doesn't Understand - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Power Of Modern Prayer - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

How His First Job Shaped Him - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

His Siblings - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Stanford Law - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Law Clerk Then Jr. Associate - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Favorite Spot On Campus - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

His Mom & Dad - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Hope For Nd Law - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Preparing For Law School - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

Son’S Reaction To Taking Notre Dame Job - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

How Notre Dame Happened - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 16, 2019

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.

St. Thomas More - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

Dec 6, 2019

Mmu: 12/02/19–12/08/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Christmas Tree Decorating
• Daily Commons Menu Specials
• SBA Store Hours
• Daily Mass Schedule
• ND Glee Club Caroling
• Championship Week--PAC12, SEC, Big 10, Big 12, and ACC
• Next Week: Dog Dayz of Finals

General Announcements

• LVCY Angel Tree
• Health & Wellness Center
• Legal Writing Center
• Volunteer Opportunity at Green Bridge Growers
• Notice to student visitors to Sinai Synagogue
• Mock Trial Coaches Wanted
• Advertise Law School Events on the Law Library e-board

A Little Lagniappe (In Louisiana it means "a little something extra".)

• Marge's Message
• Sport Report
• Professor Spotlight–no one this week
• 1L of the Week–study hard and …

Broadening Consumer Law: Competition, Protection, And Distribution, Rory Van Loo

Notre Dame Law Review

Policymakers and scholars have in distributional conversations traditionally ignored consumer laws, defined as the set of consumer protection, antitrust, and entry-barrier laws that govern consumer transactions. Consumer law is overlooked partly because tax law is cast as the most efficient way to redistribute. Another obstacle is that consumer law research speaks to microeconomic and siloed contexts—deceptive fees by Wells Fargo or a proposed merger between Comcast and Time Warner Cable. Even removing millions of dollars of deceptive credit card fees across the nation seems trivial compared to the trillion-dollar growth in income inequality that has sparked concern in recent decades. …

Existential Copyright And Professional Photography, Jessica Silbey, Eva E. Subotnik, Peter Dicola

Notre Dame Law Review

Intellectual property law has intended benefits, but it also carries certain costs—deliberately so. Skeptics have asked: Why should intellectual property law exist at all? To get traction on that overly broad but still important inquiry, we decided to ask a new, preliminary question: What do creators in a particular industry actually use intellectual property for? In this first-of-its-kind study, we conducted thirty-two in-depth qualitative interviews of photographers about how copyright law functions within their creative and business practices. By learning the actual functions of copyright law on the ground, we can evaluate and contextualize existing theories of intellectual property. More …

The Difference Narrows: A Reply To Kurt Lash, Randy E. Barnett, Evan D. Bernick

Notre Dame Law Review

We thank the Notre Dame Law Review for allowing us to respond to Kurt Lash’s reply to our critique of his interpretation of the Privileges or Immunities Clause. We could forgive readers for having difficulty adjudicating this dispute. When Lash argues, evidence always comes pouring forth, and the sheer volume can overwhelm the senses. We sometimes have a hard time following his arguments, and we are experts in the field. We can only imagine how it seems to those who are otherwise unfamiliar with this terrain.

So, in this reply—with a few exceptions—we will avoid piling up any new evidence …

Rethinking The Efficiency Of The Common Law, D. Daniel Sokol

Notre Dame Law Review

This Article shows how Posner and other scholars who claimed that common law was efficient misunderstood the structure of common law. If common law was more efficient, there would have been a noticeable push across most, if not all, doctrines to greater efficiency. This has not been the case. Rather, common law, better recast as a “platform,” could, under a certain set of parameters, lead to efficient outcomes. Next, the Article’s analysis suggests that while not every judge thinks about efficiency in decisionmaking, there must be some architectural or governance feature pushing in the direction of efficiency—which exists in some …

Experimental Punishments, John F. Stinneford

Notre Dame Law Review

The Cruel and Unusual Punishments Clause prohibits, under its original meaning, punishments that are unjustly harsh in light of longstanding prior practice. The Clause does not prohibit all new punishments; rather, it directs that when a new punishment is introduced it should be compared to traditional punishments that enjoy long usage. This standard presents a challenge when the government introduces a new method of punishment, particularly one that is advertised as more “progressive” or “humane” than those it replaces. It may not always be obvious, for example, how to compare a prison sentence to a public flogging, or death by …

Empowering The Poor: Turning De Facto Rights Into Collateralized Credit, Steven L. Schwarcz

Notre Dame Law Review

The shrinking middle class and the widening gap between rich and poor threaten social and financial stability. Though sometimes identified as a problem of developing nations, the inability of the poor to obtain credit by using their de facto rights in property as collateral impedes upward mobility in nearly all countries, including the United States. Efforts to solve this problem have focused on trying to transform de facto rights into de jure title under property law. Those efforts have been unsuccessful because, among other reasons, property law is tightly bound to tradition and protecting vested ownership. This Article proposes an …

Going Rogue: Mobile Research Applications And The Right To Privacy, Stacey A. Tovino

Notre Dame Law Review

This Article investigates whether nonsectoral state laws may serve as a viable source of privacy and security standards for mobile health research participants and other health data subjects until new federal laws are created or enforced. In particular, this Article (1) catalogues and analyzes the nonsectoral data privacy, security, and breach notification statutes of all fifty states and the District of Columbia; (2) applies these statutes to mobile-app-mediated health research conducted by independent scientists, citizen scientists, and patient researchers; and (3) proposes substantive amendments to state law that could help protect the privacy and security of all health data subjects, …

Glorious Revolution To American Revolution: The English Origin Of The Right To Keep And Bear Arms, Diarmuid F. O'Scannlain

Notre Dame Law Review

It is definitively not my intention to wade into such debates about the wisdom of the Second Amendment or to deal with pending or recent court interpretations. Rather, I want to explore how it came to be and what role British history had in its genesis. For Americans like myself, such history helps us to understand the meaning of our own Constitution. For the Britons, it is a powerful example of how your own constitutional principles shaped the legal landscape of far-flung countries once within the British Empire. And for those simply interested in law as a discipline, irrespective of …

Narrowing The Trapdoor Of The Government Employee Rights Act, Henry Leaman

Notre Dame Law Review

We should revisit what protections are available to these state workers and push for reforms that further sexual equality. One way to do so is to decrease the size of Title VII’s trapdoor. This Note aims to fight sexual harassment in politics by advocating for a narrower understanding of the trapdoor, such that more plaintiffs are eligible to bring Title VII actions rather than Government Employee Rights Act of 1991 (GERA) actions. Specifically, this Note explains why the “personal staff” trapdoor should be narrowed and then provides a method for how to do so—by settling a circuit split on the …

A Practice Worth Ending: Eps Guidance Harming Long-Term Growth, Rachel G. Miller

Notre Dame Law Review

This Note focuses on one factor—earnings per share (EPS) guidance—that contributes to myopic behavior and short-termism within public companies. Part I discusses the history of the shareholder primacy norm and the need for management to act in the best interest of its shareholders. Additionally, this Part provides background on EPS guidance and the notion of short-termism. Part II lays out a framework for quarterly reporting and argues that the current disclosure requirements should remain intact. This Part addresses the importance of frequency in quarterly reporting and provides two examples—the United Kingdom and Regulation A—of practices with longer reporting frequencies that …