Law Commons^™

Fc21 – What Should It Mean For A Catholic University To Be 'Anti-Racist'?, Marcus Cole, Robert K. Vischer

2019–Present: G. Marcus Cole

By Robert K. Vischer (University of St. Thomas School of Law), with a response by G. Marcus Cole (Notre Dame Law School). From the 2021 Notre Dame Fall Conference, "I Have Called You By Name: Human Dignity in a Secular World". Session chair: Sean Seymore (Notre Dame Law School).

Full speaker lineup: https://ethicscenter.nd.edu/programs/

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Capital Punishment Of Young Adults In Light Of Evolving Standards Of Science And Decency: Why Ohio Should Raise The Minimum Age For Death Penalty Eligibility To Twenty-Five (25), Talia Stewart

Cleveland State Law Review

Up until the Supreme Court’s 2005 ruling in Roper v. Simmons, juveniles could constitutionally be executed for qualifying criminal offenses. The Roper Court raised the minimum age for execution to eighteen, citing both a national consensus against executing minors, as well as recent research (at the time) showing that juveniles are more vulnerable to negative influences and outside pressures. Since Roper, the Supreme Court has remained silent regarding the requisite minimum age for execution and has left the decision up to individual states. While a slim majority of states have now abolished the death penalty in its entirety, …

Mmu: 11/29/21–12/05/21, 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: Tony Imburgia

2Ls Taking Ls: Caleb Perez

Ask a 3L: Gordon McCormack

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Beyond The Horizons Of The Harvard Forewords, Or Bassok

Cleveland State Law Review

American constitutional thought is controlled by certain paradigms that limit the ability to think beyond them. A careful reading of the Harvard Law Review Forewords—the “tribal campfire” of American constitutional thinkers—is one way to detect these paradigms. Based on reading these Forewords since their inception in 1951 and until 2019, I track how the concept of judicial legitimacy has been understood over the years. My analysis shows that in recent decades an understanding of judicial legitimacy in terms of public support has risen to the status of a controlling paradigm. While this understanding is currently considered commonsensical, it stands in …

Reexamining The Vicarious Criminal Liability Of Corporations For The Willful Crimes Of Their Employees, Evan Tuttle

Cleveland State Law Review

Corporate compliance programs in the United States have evolved substantially in the past several decades, expanding exponentially in both number and scope. Yet, our legal standard of corporate criminal liability for the acts of employees has remained largely unchanged for the past fifty years. United States v. Hilton Hotels established that a corporation can be held liable for the acts of its employee, even though the employee’s conduct may be contrary to their actual instructions or contrary to the employer’s stated policies. That holding, cited with favor by the Supreme Court, was based on a deeply flawed interpretation of precedent, …

Direct-To-Consumer Genetic Testing, Ellen W. Clayton, Et Al.

Vanderbilt Law School Faculty Publications

Direct-to-consumer genetic testing is marketed as a tool to uncover ancestry and kin. Recent studies of actual and potential users have demonstrated that individuals’ responses to the use of these tests for these purposes are complex, with privacy, disruptive consequences, potential for misuse, and secondary use by law enforcement cited as potential concerns. We conducted six focus groups with a diverse sample of participants (n = 62) who were aware of but had not used direct-to-consumer genetic tests, in an effort to understand more about what people considering these tests think about the potential value, risks, and benefits of such …

Refining Japan’S Integrative Position On The Territorial Sovereignty Of The Senkaku Islands, Atsuko Kanehara

International Law Studies

China and Japan face a tense situation in the East China Sea over conflicting sovereignty claims to the Senkaku Islands. In order to cope with the situation appropriately and precisely, Japan needs to thoroughly analyze it from the dual perspectives of the law of the sea and the law of territorial acquisition. Japan denies any existence of a dispute with China over the territorial sovereignty of the islands. The legal effects of the existence of a “dispute” need to be understood and considered by Japan when it constructs its position from the perspectives of the law of the sea and …

Ndls Communicator: Week Of 11.29.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Religious Liberty Initiative files amicus brief in Supreme Court case Shurtleff v. Boston
• ND Law ranked ninth in number of graduates working at highest-grossing U.S. law firms
• Rick Garnett and Carter Snead on the upcoming Supreme Court case, Dobbs v. Jackson Women’s Health Organization
• Sherif Girgis quoted in AP News article
• Felicia Caponigri publishes article in Cardozo Arts & Entertainment Law Journal
• Diane Desierto writes for EJIL Talk!
• Nicole Garnett to speak at Manhattan Institute panel

Student News

• Everyday Holiness Podcast: Fr. Matt Kuczora

Events

• Monday, November 29: Graduate Seminar Speaker Series: Government Lawyering with Roger Alford, …

Promoting Privacy, Fairness And The Open Court Principle In Immigration And Refugee Proceedings, Jon Khan, Sean Rehaag

All Papers

Court decisions and court documents are becoming easier to access online than ever before. This access provides many possible benefits, including increased fairness. But court decisions and documents often contain intensely personal information. Public exposure of that private information may even lead to significant harm. The Federal Court of Canada has demonstrated leadership among Canadian courts in attempting to proactively grapple with these issues, including by consulting stakeholders about increased electronic access to court records.

We—researchers connected with the Refugee Law Lab based out of York University’s Centre for Refugee Studies and Osgoode Hall Law School—write this paper to participate …

No Future But A Shared Future, Lawrence O. Gostin, Kevin A. Klock, Sam F. Halabi, Katie Gottschalk, Katherine Ginsbach

Georgetown Law Faculty Publications and Other Works

The COVID-19 pandemic revealed the fractured and inadequate state of national and global health law and institutions, revealing deeply embedded inequalities. In response to a World Health Assembly resolution proposing a special session to consider the benefits of developing a WHO convention or other international instrument on pandemic preparedness and response, the O’Neill Institute for National and Global Health Law and the Foundation for the National Institutes of Health (FNIH) convened 30 of the world’s leading authorities on global health law, financing, biomedical science, implementation, and emergency response along with leaders from prominent international organizations deeply engaged in responding to …

Touchdown St. Louis: A Recap Of The Nfl And Rams Lawsuit, Katie Hoffecker

SLU Law Journal Online

The Rams’ move to Los Angeles in 2016 brought about more than just hard feelings toward the National Football League and owner, Stan Kroenke—it resulted in a billion dollar lawsuit. In this article, Katie Hoffecker analyzes the past five years of the litigation proceedings as the case ultimately settles.

Arbitration: A Comparative Study, Samer M. Badran

Archived Theses and Dissertations

No abstract provided.

Policy Vs. Deduction: Finance Lease Between Formal Property And Economic Reality, Akram Korany

Archived Theses and Dissertations

No abstract provided.

The Legality Of The International Criminal Court Investigations In Kenya, Mgugua Robert Chege

Archived Theses and Dissertations

No abstract provided.

Methodological Challenges In Studying Trust In Natural Resources Management, Antonia Sohns, Gordon M. Hickey, Jasper R. De Vries, Owen Temby

School of Earth, Environmental, & Marine Sciences Faculty Publications

Trust has been identified as a central characteristic of successful natural resource management (NRM), particularly in the context of implementing participatory approaches to stakeholder engagement. Trust is, however, a multi-dimensional and multi-level concept that is known to evolve recursively through time, challenging efforts to empirically measure its impact on collaboration in different NRM settings. In this communication we identify some of the challenges associated with conceptualizing and operationalizing trust in NRM field research, and pay particular attention to the inter-relationships between the concepts of trust, perceived risk and control due to their multidimensional and interacting roles in inter-organizational collaboration. The …

Arkansas Practice Materials: A Selective Annotated Bibliography, Jessie Wallace Burchfield, Melissa Serfass

Law Faculty Scholarship

Whether you are a legal professional or a novice legal researcher, this annotated bibliography of Arkansas practice materials provides current and relevant state-specific information about available resources. The bibliography integrates online and print resources, grouped by topic rather than format. Each source is annotated with helpful information.

Detailed information about primary legal materials such as court cases, statutes and administrative regulations is included. Information about secondary sources such as treatises, practice manuals, forms, and websites, is also covered.

It is organized in five main sections: Primary Materials, Government Resources, State Specific Resources, General Jurisprudence, and Practice Materials by Topic.

Medicare Coverage Of Aducanumab - Implications For State Budgets, Rachel E. Sachs, Nicholas Bagley

Articles

Aducanumab (Aduhelm), the controversial $56,000-per-year Alzheimer’s disease drug approved by the Food and Drug Administration (FDA) in June 2021, has the potential to cost the federal government many billions of dollars — more, by one estimate, than it spends on agencies such as the Environmental Protection Agency or the National Aeronautics and Space Administration. The drug’s extraordinary price tag helps explain why, soon after its approval, the Centers for Medicare and Medicaid Services (CMS) opened a national coverage determination to decide whether and under what circumstances Medicare would pay for it.1

Going Global, Acting Local: How An International Pandemic Convention Can Support Regional And Community Response, Kevin A. Klock, Lawrence O. Gostin, Sam F. Halabi

Georgetown Law Faculty Publications and Other Works

A WHO pandemic convention could set in place an overarching framework needed for strengthening global health security. As the World Health Assembly (WHA) debated the merits of such an agreement, a critically important regional instrument – the Treaty for the Establishment of the African Medicines Agency (AMA Treaty) – entered into force on 5 November 2021. The new agency will, among other things, ensure there is a “common framework” for addressing “emerging issues and pandemics in the event of a public health emergency on the continent with cross border or regional implications.”

An improved worldwide health security strategy is essential …

Maybe Deficits Do Matter After All, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Abolishing The Corporal Punishment Exception To Child Abuse In New York, Julia Patz

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Do you condone child abuse? Upon hearing the question, the presumably immediate answer is an unequivocal “no.” This presumption would further flow into the expected answers of the general public. This is a firm notion that we expect most people to hold: Child abuse is bad. Yet, according to a 2021 American Family Survey, fort seven percent of the United States population supports child abuse in some circumstances. While it is true that the child abuse described in the survey had a different name, it is nonetheless child abuse. This “other name” is corporal punishment, which consists of using physical …

What Is The Value Of Art? Mschf Creating Value By Destruction, Kelsey Clifford

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

What is the value of art? Is it how it looks? Is it the artist who created it? Or is it how much it will appreciate in the future? MSCHF (pronounced “mischief”), the Brooklyn-based art collector, is challenging the “capital-A Art” world’s focus on authenticity instead of aesthetics. How? By “simultaneously spit[ting] in the art world’s face” while doing “what they’re trying to do – which is use art as an investment vehicle – but better.”

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 24, 2021. The original post can be accessed …

Travis Scott: Is He Responsible For A Disaster “Butterfly Effect”?, Eliane Aini

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On November 5, a tragedy occurred at a Travis Scott concert in Houston. Due to a crowd surge during Astroworld, a concert founded and held annually by Travis Scott, at least nine people died, resulting in one of the deadliest concert incidents in years. In response, many are wondering what went wrong and who, if anyone, is responsible.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 24, 2021. The original post can be accessed via the Archived Link button above.

Highlighting The Major Weaknesses Of The Wto Anti-Dumping Agreement Which Cause International Market Distortion, Ahmed Rabie A. A. El-Nour

Archived Theses and Dissertations

No abstract provided.

The Right To Appeal Of A Person Sentenced For A Criminal Offense: The Current Egyptian Ordinary Legal System And Its Degree Of Compliance With Internationally Recognized Standards, Mohamed El-Ghannam

Archived Theses and Dissertations

No abstract provided.

Beyond Lawyer Assistance Programs: Applying The United States Marine Corps' Concepts And Principles Of Spiritual Fitness As A Means Towards Increasing The Health, Resiliency, And Well-Being Of Lawyers—While Restoring The Soul Of The Profession, David A. Daigle, Daniel V. Goff

Journal of Catholic Legal Studies

(Excerpt)

Lawyer Assistance Programs (“LAPs”) are recognized as an invaluable tool for increasing well-being by assisting lawyers to secure confidential treatment in order to overcome various addictions and mental health issues. The 2017 report by the National Task Force on Lawyer Well-Being underscores this notion by asserting that LAPs “play a pivotal role in lawyer wellbeing.” While this is true, the legal profession would do well to look beyond LAPs and broaden its discussion regarding wellness. In particular, the American Bar Association (“ABA”) should more robustly recognize and encourage spirituality as a means towards health, resiliency, and well-being, much like …

A Light Unseen: The History Of Catholic Legal Education In The United States: A Response To Our Colleagues And Critics, John M. Breen, Lee J. Strang

Journal of Catholic Legal Studies

(Excerpt)

We are enormously grateful to the Journal of Catholic Legal Studies for hosting the conference on February 14, 2020, dedicated to a review of our book manuscript, A Light Unseen: The History of Catholic Legal Education in the United States, and for publishing the papers of the conference participants. We are also grateful for the opportunity to offer some reply in the pages of the Journal. A Light Unseen sets forth a comprehensive history of the book’s subject matter. The book describes the purposes for which Catholic law schools were founded, the schools maturation and success in …

Examining The Impact Of Covid-19 On Education, Onu Institute For Civics And Public Policy, Kaylee Ballou, Emma Blackburn, Sabrina Braun, Isaac Brooks, Rebecca Monce, Rachel Pickering, Drew Walker, Benjamin Wiggins

Critical Questions

The hardships of a world-wide pandemic is not without precedent. The infamous Spanish Flu, which was first discovered in 1918, lasted around 2 years and was proportionally more deadly than the current statistics from the COVID-19 pandemic. At its peak, the Spanish Flu infected around 40 percent of the global population and killed an estimated 50 million people. The labelling of the 1918 pandemic as the Spanish Flu came about because Spain was one of the only countries to report about the illness during World War I. Additionally, the king of Spain, Alfonso XIII, was one of the first major …