Law Commons^™

The Lieber Code: A Historical Analysis Of The Context And Drafting Of General Orders No. 100, Alexander H. Mindrup

The Cardinal Edge

During the American Civil War, the United States changed in dramatic fashion. The national crisis of the Civil War encompassed all aspects of the United States. In 1862, a forward-thinking German American intellectual named Francis Lieber lobbied the Lincoln administration to update the United States laws of war. On April 24, 1863, President Lincoln issued General Orders No. 100 or “Instructions for the Government of the Armies of the United States in the Field.” General Orders No. 100, better known as the Lieber Code, modernized the United States laws of war. Not only that, but the Lieber Code traveled across …

Two Diametrically Opposed Jurists: The Jurisprudence Of Chief Justices Roger B. Taney And Salmon P. Chase, Alexandra M. Michalak

The Cardinal Edge

No abstract provided.

September 20, 2021: Two Recent Columns--The Texas Anti-Abortion Statute And Justice Wecht And The Death Of God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Two Recent Columns--the Texas Anti-Abortion statute and Justice Wecht and the Death of God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 2, 2021: The Steal In The National Popular Vote Interstate Compact, Bruce Ledewitz

Hallowed Secularism

Blog post, “The steal in the National Popular Vote Interstate Compact“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Dobbs V. Jackson Women's Health Organization: Brief For Constitutional Law Scholars Lee C. Bollinger, Erwin Chemerinsky, Sherry F. Colb, Michael C. Dorf, Daniel Farber, Joanna L. Grossman, Leah Litman, Martha Minow, Jane S. Schacter, Suzanna Sherry, Geoffrey R. Stone, David A. Strauss, And Laurence H. Tribe As Amici Curiae Supporting Respondents, Leah Litman

Appellate Briefs

Amici, listed in Appendix A, are constitutional law scholars who teach and write in the field of constitutional law, including on limits on the regulation of abortion. They share an interest in promoting the stability of this Court’s abortion jurisprudence as well as its continuity with the constitutional law governing related rights.<\p>

For nearly 50 years, the Supreme Court has recognized that the Due Process Clause of the Fourteenth Amendment protects a woman’s fundamental right to decide whether to have an abortion. See Roe v. Wade, 410 U.S. 113, 153-54 (1973). Accordingly, in Roe, the Court held that prior …

Week Of September 20, 2021 - September 24, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo Family Law Society
• Cardozo Fashion Law Society
• Cardozo Health Law Society
• Cardozo Public Service Scholars Program
• Cardozo South Asian Law Students Association (SALSA)
• Chabad at Cardozo
• Jewish Law Students Association (JLSA)

Mmu: 09/20/21–09/26/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Sport Report by Ashley Topel

1L of the Week: William Ulrich

2Ls Taking Ls: Blake Hale

Ask a 3L: Carter Wietecha

Vol. 61, No. 05 (September 20, 2021)

Indiana Law Annotated

No abstract provided.

Civil Procedure Update 2021: New Mexico Annual Judicial Conclave, Verónica C. Gonzales

Faculty Scholarship

These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2021 to September 1, 2021.

Seconds To Impact?: Regulatory Reform, New Kinds Of Legal Services, And Increased Access To Justice, Rebecca L. Sandefur, Thomas M. Clarke, James Teufel

Law and Contemporary Problems

No abstract provided.

Kinder Solutions To An Unkind Approach: Supporting Impoverished And Ill Parents Under North Carolina's Filial Responsibility Law, Karen L. Sheng

Duke Law Journal

The United States is caught in the crosshairs of skyrocketing health-care costs and a rapidly aging population. Families are buckling under the weight of supporting and caring for aging relatives, especially with the exorbitant costs of long-term care facilities, hospitalization, and chronic illness management. Although the government provides support through programs like Medicare and Medicaid, adult children, acting on an emotional impetus to support parents, often have to organize that support. They may even have a legal duty in over half of the states. These filial responsibility laws impose a duty on adult children to support their parents who cannot …

The Gay Perjury Trap, Christopher R. Leslie

Duke Law Journal

In Bostock v. Clayton County, the Supreme Court held Title VII’s prohibition on sex-based employment discrimination applies to discrimination based on sexual orientation and gender identity. Although the opinion is an important victory, if history is any guide, Bostock was only one battle in a larger war against invidious workplace discrimination based on sexual orientation and gender identity. Prejudiced employers and managers will seek alternative, less obvious ways to discriminate. Judges and civil rights lawyers must prepare themselves to recognize and reject pretextual rationales for adverse actions taken against lesbian, gay, and bisexual employees. A better understanding of history can …

The Unlikely Heroes Of Fair Elections: Contemporary Third-Party Enforcement Of Campaign Finance Violations, Chelsea Cooper

Duke Law Journal

It is uncontroversial that the Federal Election Commission fails to enforce campaign finance law adequately. This Note contributes to this discussion by analyzing more than four thousand summaries of standard enforcement proceedings to demonstrate the distribution of enforcement at the Federal Election Commission. This analysis indicates that the percentage of internally generated standard enforcement proceedings has declined precipitously, while the number of standard enforcement proceedings initiated each year has remained relatively constant. At present, the agency initiates very few standard enforcement proceedings.

Instead, third-party enforcers fill the enforcement void. Third-party enforcers are members of the public that monitor political actors …

Tax Exemption Is Not A Subsidy–Except For When It Is, Lloyd Hitoshi Mayer, Ellen P. Aprill

Journal Articles

In this report, Aprill and Mayer argue that there is no uniform answer to the question whether a tax exemption is a subsidy, and they urge policymakers and exempt organizations to note the distinctions when changes to laws or other guidance regarding exemption are under consideration.

Foreword, Jeff Ward

Law and Contemporary Problems

No abstract provided.

Beyond The Prediction Paradigm: Challenges For Ai In The Struggle Against Organized Crime, Paula Helm, Thilo Hagendorff

Law and Contemporary Problems

No abstract provided.

Negligent Algorithmic Discrimination, Andrés Páez

Law and Contemporary Problems

No abstract provided.

Normative Dimensions Of Consenual Application Of Black Box Artificial Intelligence In Administrative Adjudication Of Benefits Claims, Frank Pasquale

Law and Contemporary Problems

No abstract provided.

Are Judges More Transparent Than Black Boxes? A Scheme To Improve Judicial Decision-Making By Establishing A Relationship With Mathematical Function Maximization, Wim De Mulder, Peggy Valcke, Geneviève Vanderstichele, Joke Baeck

Law and Contemporary Problems

No abstract provided.

Their Brothers' Keepers: Procedural Justice In The Intermediate Appellate Courts, Keenan Molaskey

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Ndls Communicator: Week Of 09.20.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Justice Clarence Thomas delivers Tocqueville Lecture
• Rick Garnett quoted in Indianapolis Star
• Veronica Root Martinez authors chapters in compliance handbook
• Rick Garnett will deliver a Constitutional Day lecture, Religious Freedom and the Constitution in America Today, at The Citadel on September 23
• Elkhart police chief asks for detective who lied in 2002 homicide case to be fired
• Notre Dame Law student helps win asylum for Salvadoran mother and child
• Program on Church, State & Society 2021 fellows share summer experiences

Events

• Monday, September 20: Graduate Seminar Speaker Series: Intergovernmental or Legislative Legal Policy Advising, Zachary Kaufman, University …

Police Use Of Force Laws In Texas, Gerald S. Reamey

St. Mary's Law Journal

Abstract forthcoming.

The New Parental Rights, Anne C. Dailey, Laura A. Rosenbury

Duke Law Journal

This Article sets forth a new model of parental rights designed to free children and families from the ideals of parent–child unity and family privacy that underlie the law’s expansive protection for parental rights. The law currently presumes that parents’ interests coincide with those of their children, creating an illusion of parent–child union that suppresses the very real ways in which children’s interests and identities, even at a young age, may depart from those of their parents. Expansive protection for parental rights also confines children to the private family, ignoring children’s broad range of interests beyond the family and thwarting …

Some Thoughts On Supplemental Authorities Under Federal Rule Of Appellate Procedure 28(J) And Related Musings, Brian Wolfman

Georgetown Law Faculty Publications and Other Works

This essay--prompted by my work directing Georgetown Law's Appellate Courts Immersion Clinic--discusses letters filed under Federal Rule of Appellate Procedure 28(j). A "Rule 28(j) letter" is the federal appellate rules' principal mechanism for bringing supplemental authorities to an appellate court’s attention after the briefs have been filed. This essay covers (1) the Rule's basic attributes; (2) whether a 28(j) letter may be adversarial; (3) the types of authorities that may be--and should be--cited in a 28(j) letter; (4) proper timing for the filing of a 28(j) letter; (5) when and how to respond to a 28(j) letter; and (6) what …

The Repercussions Of The Covid-19 Crisis On Global Markets And The Expected Scenarios For The Advancement Of The Global Economy, Firas Al Kufy

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

The research focuses on assessing and analyzing the impacts of the COVID-19 pandemic and associated impacts on the international market scenarios. Moreover, the research evaluates financial recovery scenarios for global markets to understand the future path of the global economy’s progress and overcoming its current distress. Thus, the aim of conducting relevant research is to provide appropriate guidance to various policymakers regarding the development of economic benefits by coordinating global policies to respond effectively to the implications of epidemiological situations associated with COVID-19. We have monitored many indicators from various countries that seek to overcome the remnants of the epidemic …

A Comparative Study On Competition Laws And Practices Between Saudi Arabia And The United States, Hussain N. Agil

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

This paper mainly compares the prevailing competition laws and practices of both the United States of America and Saudi Arabia with respect to their historical development and the legal systems of these countries. These objectives emanate from the globalization of trade and commerce, which necessitates considerable knowledge on the part of the global investors of the similarities and differences between the two countries for ease of trade. Being a comparative study, the current work adopts a comparative analysis methodology whose main objective is to evaluate the characteristics of each competition practice. Furthermore, there has been a need to reconcile the …

The Role Of Viral Marketing In Improving The Mental Image Of The Palestinian Cellular Communications Company Jawwal - Southern Governorates, Husam Abo Ajwa

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

The aim of the research is to test and analyze the correlation and impact relationships between the dimensions of viral marketing (electronic publishing methods, viral advertising campaigns, the electronic spoken word, motivations of viral message conveyers) and to improve the mental image (perception, influence, motivation, and desire) from the viewpoint of the customers of the Palestinian Cellular Communications Company (Jawwal), and revealing the differences in the responses of the sample members according to the following personal variables: (gender, use of mobile services, duration of use, degree of interest in mobile services). To achieve the research objectives, the descriptive analytical approach …

Applying Active Training Principles And Its Impact On Trainees’ Learning Gain And Motivation, Talal Elsaghir, Jamal Alzaeem Almonajid

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

This study aimed to highlight on the active training and demonstrate its impact on learners’ learning and motivation to follow such training, engage in it and apply its skills. The population of the study consisted of a group of main tax auditors, verification monitors and accounting chiefs (category III), who are practitioners in the Directorate of Public Finance under the authority of the Ministry of Finance. They attended a training course at the National Institute of Administration in Lebanon in order to be promoted to full-time employees in the Ministry of Finance. A total of 62 trainees participated in the …

Enhancing The Competitiveness Of Small And Medium Companies Mechanism To Activate Their Development Role, Ghiat Cherif M, Mukahlia Mohyaddine

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

The study aims to show the importance of existing factors of enhancing competitiveness in SMEs in order for activating their development role. The study adopts questionnaire methodology that distributed to a number of small and medium companies, where 26 companies, in Guelma and Tebessa cities, responded to the questionnaire. To achieve the objectives of the study and examine its hypotheses, it relied on primary and secondary data along with using many statistical tools such as percentages, repetitions, simple linear regression (Alpha Kronbach). The study concludes a set of findings, most notably the necessity to enhance and develop the competitiveness of …