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2022

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Full-Text Articles in Law

Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas Dec 2022

Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas

CISLA Senior Integrative Projects

Since 2016, the increasing number of refugees in Europe accelerated the development of national and regional policies to determine their rights and access to resources. Against this backdrop, the strong politicization of migration, and the recent financial crises, refugees' access to welfare has “become a key area of concern across European democracies” (Lafleur et al. 2020). Considering public education programs as a pillar of social policy agendas in this region, this study examines French policy in order to answer the following questions: How do French immigration and education policies converge to determine refugees’ access to higher education in France? What …


The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law Dec 2022

The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

Truth is an ethical relation. Facts, whether descriptions of the physical world or of historical events, are necessarily mediated by our frames of reference. This contingency opens a space for disagreement that cannot be adjudicated by an absolute standard of truth. For those seeking power or profit, the temptation to exploit this state of undecidability is strong. When many question the institutions that broker meaning – science, the professions, the media – rumors, misinformation, deliberate distortions and falsehoods all proliferate. In the digital age, the ‘made’ is swiftly supplanted by the made-up. The remedy for this predicament is not technological …


The Legal Ethics Of Lying About American Democracy, Andrew M. Perlman Dec 2022

The Legal Ethics Of Lying About American Democracy, Andrew M. Perlman

Suffolk University Law School Faculty Works

Numerous lawyers contributed to the disinformation campaign that led to the storming of the U.S. Capitol on January 6, 2021. Some of the lawyers filed lawsuits that questioned the legitimacy of the presidential election, and others spread falsehoods while acting as legislators or in similar high profile roles. This chapter explores the potential disciplinary consequences of their behavior and the larger implications of their conduct for American democracy. One theme of this chapter is that, when lawyers make claims about elections, the consequences of misinformation are severe and threaten to undermine trust in our democratic institutions. Given the stakes, the …


Do All Dogs Go To Heaven? How Our Secular Culture Views Death, Bruce Ledewitz Dec 2022

Do All Dogs Go To Heaven? How Our Secular Culture Views Death, Bruce Ledewitz

Newspaper Columns

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


Overqualified And Underrepresented: Gender Inequality In Pharmaceutical Patent Law, S. Sean Tu, Paul R. Gugliuzza, Amy Semet Dec 2022

Overqualified And Underrepresented: Gender Inequality In Pharmaceutical Patent Law, S. Sean Tu, Paul R. Gugliuzza, Amy Semet

Journal Articles

Pharmaceutical patents represent some of the most valuable intellectual property assets in the world: they can be worth billions of dollars if courts uphold their validity and find them infringed. But, if invalidated, generic drug manufacturers can get to market earlier, generating billions of dollars of revenue for themselves and creating enormous savings for consumers. Accordingly, drug patents are the product of careful, high-cost prosecution and are associated with high-stakes, bet-the-company litigation. But women lawyers are noticeably absent from pharmaceutical patent practice. This article reports an original empirical study finding that women comprise only one-third of the top pharmaceutical patent …


The Negative Effects Of Arbitration Clauses In Meal Delivery Service Subscriptions, Amanda Pasternak Dec 2022

The Negative Effects Of Arbitration Clauses In Meal Delivery Service Subscriptions, Amanda Pasternak

CJCR Blog

This past June, Daily Harvest, a vegan meal delivery service that sells soups, smoothies, and more recalled one of its products, French Lentil + Leek Crumbles, after hundreds of consumer reports of gastrointestinal illness, potential liver function issues, and other adverse reactions. According to the Food and Drug Administration (FDA), from April 28 to June 17, 2022, around 28,000 units of the recalled product were distributed to consumers throughout the United States via online sales, direct delivery, and retail sales. Samples were also given to a small number of consumers. Daily Harvest received around 470 reports of illness, which the …


Frequently Asked Questions: 2022 Public Access Policy Guidance, White House Office Of Science And Technology Policy Dec 2022

Frequently Asked Questions: 2022 Public Access Policy Guidance, White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Includes a list of frequently asked questions and answers for the 2022 White House Office of Science and Technology Policy (OSTP) Public Access Policy guidance, including answering questions such as "What is meant by public access to federally funded research?" and "What impact will the policy guidance have on specific business models for scholarly publishing?"


Fixing "Litigating The Fix", Steven C. Salop, Jennifer E. Sturiale Dec 2022

Fixing "Litigating The Fix", Steven C. Salop, Jennifer E. Sturiale

Georgetown Law Faculty Publications and Other Works

Merging firms have increasingly been asking trial courts to adjudicate their merger “as remedied” by a voluntary “fix.” These are remedies that have been rejected by (or never proposed to) the agency. This procedure is known as Litigating-the-Fix” (“LTF”). This article proposes a judicial procedure for managing cases in which the merging parties attempt to LTF. Our recommendations flow from a decision theory approach informed by the relevant LTF case law, the merger enforcement record, the language and goals of Section 7, and an economic analysis of the incentives of the parties and agencies created by LTF. Our recommendation addresses …


A Mixed Bag: Critical Reflections On The Revised Ethical Principles For Judges, Richard Devlin, Jula Hughes, Pooja Parmar, Stephen Ga Pitel, Amy Salyzyn Dec 2022

A Mixed Bag: Critical Reflections On The Revised Ethical Principles For Judges, Richard Devlin, Jula Hughes, Pooja Parmar, Stephen Ga Pitel, Amy Salyzyn

Articles, Book Chapters, & Popular Press

In 2021 the Canadian Judicial Council completed a multi-year review and update of Ethical Principles for Judges (EPJ), the ethical and professional guidance for all federally-appointed judges in Canada. The revisions address issues such as case management and settlement conferences, technological competence and the use of social media, interactions with self-represented litigants, professional development for judges, confidentiality, and the return of former judges to the practice of law. In this article, five directors of the Canadian Association for Legal Ethics/Association canadienne pour l’éthique juridique analyze the revised EPJ and offer their observations.

The article covers five important topics. On impartiality, …


Ndls Communicator: Week Of 12.19.22, Notre Dame Law School Dec 2022

Ndls Communicator: Week Of 12.19.22, Notre Dame Law School

NDLS Communicator

The Latest News

  • Roger Alford was quoted by Reuters in a report on the Federal Trade Commission’s attempt to block the Microsoft- Activision merger.
  • Nicole Garnett was quoted in the article, "Oklahoma takes 'momentous' step to allow taxpayer-funded religious schools."
  • Rick Garnett was quoted by Deseret News in an article about the Supreme Court case 303 Creative v. Elenis.
  • Sherif Girgis was in the video, "The Constitution: Our Bill of Rights" produced by PragerU.
  • Diane Desierto will moderate the Innovation in Investor- State Arbitration Panel at the Fifth Annual Schiefelbein Global Dispute Resolution Conference coming up in January.
  • Catholic Schools …


Creating Data From Unstructured Text With Context Rule Assisted Machine Learning (Craml), Stephen Meisenbacher, Peter Norlander Dec 2022

Creating Data From Unstructured Text With Context Rule Assisted Machine Learning (Craml), Stephen Meisenbacher, Peter Norlander

School of Business: Faculty Publications and Other Works

Popular approaches to building data from unstructured text come with limitations, such as scalability, interpretability, replicability, and real-world applicability. These can be overcome with Context Rule Assisted Machine Learning (CRAML), a method and no-code suite of software tools that builds structured, labeled datasets which are accurate and reproducible. CRAML enables domain experts to access uncommon constructs within a document corpus in a low-resource, transparent, and flexible manner. CRAML produces document-level datasets for quantitative research and makes qualitative classification schemes scalable over large volumes of text. We demonstrate that the method is useful for bibliographic analysis, transparent analysis of proprietary data, …


The One Good Thing About The Independent State Legislature Theory, Bruce Ledewitz Dec 2022

The One Good Thing About The Independent State Legislature Theory, Bruce Ledewitz

Newspaper Columns

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


Appeal No. 1006 (2nd): Kevin J. Simballa V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2022

Appeal No. 1006 (2nd): Kevin J. Simballa V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2021-192 (Elkrun Wertz NE Unit; Hilcorp Energy Co.)


Hoffmann, Robel Honored At Retirement Ceremony, James Owsley Boyd Dec 2022

Hoffmann, Robel Honored At Retirement Ceremony, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Two legendary members of the Indiana Law community were honored at a retirement ceremony November 16 in the Indiana Memorial Union.

Friends, family, and colleagues gathered to celebrate the remarkable careers of Professor Joe Hoffmann and Dean Emerita Lauren Robel. While both have retired from the Law School, Dean Christiana Ochoa said she is grateful that both continue to be deeply involved in various projects.


The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee Dec 2022

The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

The Clean Water Act has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This Article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This array …


The Constitutional Moment That Wasn't: 1912-1914 And The Meaning Of The Sherman Act, Alan J. Meese Dec 2022

The Constitutional Moment That Wasn't: 1912-1914 And The Meaning Of The Sherman Act, Alan J. Meese

Popular Media

No abstract provided.


Brief For Lorianne Updike Toler As Amicus Curiae Supporting Neither Party, Gorge Design Group, Llc V. Xuansheng, Lorianne Updike Toler, Lawrence A. Stein Dec 2022

Brief For Lorianne Updike Toler As Amicus Curiae Supporting Neither Party, Gorge Design Group, Llc V. Xuansheng, Lorianne Updike Toler, Lawrence A. Stein

College of Law Faculty Publications

The Patent and Copyright Clause in the Constitution was designed to stimulate the economy by promoting “the Progress of Science and useful Arts,” and was also limited to that purpose. Insofar as the economy was not stimulated and promoted in the United States, the Clause had a limit. Thus the Patent and Copyright Clause was not thought to be absolute by its Framers, and was bounded geographically, temporally, and to those inventions that were useful. Under the Fifth Amendment, both the Takings and Due Process Clauses protecting property derived from the Magna Carta of 1215. Since this time, the Takings …


Sexual Abuse Of Female Inmates In Federal Prisons, Brenda Smith Dec 2022

Sexual Abuse Of Female Inmates In Federal Prisons, Brenda Smith

Congressional and Other Testimony

This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.


Fireside Chat With Dean Cole And Notre Dame Law Student Rachel Schneider, Marcus Cole, Rachel Schneider Dec 2022

Fireside Chat With Dean Cole And Notre Dame Law Student Rachel Schneider, Marcus Cole, Rachel Schneider

2019–Present: G. Marcus Cole

Dec 13, 2022

Dean G. Marcus Cole and Rachel Schneider '23 share their journeys to Notre Dame Law School, their connection to the Order of St. Thomas More, and the impact your gifts have on Notre Dame Law students.


Using Real Practice Systems Resources In Practice, John M. Lande Dec 2022

Using Real Practice Systems Resources In Practice, John M. Lande

Faculty Blogs

This post describes how mediators can use ideas and materials from the Real Practice Systems Project to better understand and improve their own mediation systems. Mediators’ practice systems are the combination of factors affecting what they do before, during, and after mediation sessions. These systems include their routine procedures and strategies for dealing with recurring challenging situations. Trainers and mediation program administrators can use this to help mediators in their programs.


Pre-Check Security Processes In Selected Brazil Airports- Changes And Gains, Camila Miliani, Fabio Sanches, Jonatta Haniere, Rodrigo Cortes, Tais Gargano, Vanessa Reis Dec 2022

Pre-Check Security Processes In Selected Brazil Airports- Changes And Gains, Camila Miliani, Fabio Sanches, Jonatta Haniere, Rodrigo Cortes, Tais Gargano, Vanessa Reis

Student Works

The recommendation of this Research Project is to implement the precheck program at 10 Airports in Brazil with more than 5 million passengers a year. The passengers’ satisfaction, security improvement and OPEX savings would be a reality.

The expectation of OPEX savings at these 10 Airports are R$ 3.360.000,00 per year, (US$ 634.000,00) due to the possibility of using the current infrastructure and yet, reduce one Protection Agent per inspection module, per airport.

The research topic was to understand the feasibility of implementing the precheck security process in Brazil Airports. Using the U.S. benchmark, and the current Brazilian legislation, GYN …


Deitche Earns Karen Hastie Williams Fellowship, James Owsley Boyd Dec 2022

Deitche Earns Karen Hastie Williams Fellowship, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

La’Kendra Deitche, a 2L from Fort Wayne, Indiana, has been selected as one of eight—and the only one from outside the Washington, D.C. area—Karen Hastie Williams Leadership Fellows, a prestigious fellowship awarded by the D.C. Bar.

Deitche will complete a leadership orientation session followed by a six-month fellowship, from January through June 2023, on the D.C. Bar’s Environment, Energy, and Natural Resources community. The D.C. Bar offers 20 communities that help members develop expertise in specific practice areas.


Resources For Using Real Practice Systems Materials In Teaching, John Lande Dec 2022

Resources For Using Real Practice Systems Materials In Teaching, John Lande

Faculty Blogs

This post describes how faculty can use ideas and materials from the Real Practice Systems Project to help students get realistic understandings of practice. Although the project has generally focused on the systems that mediators develop and use, it can be adapted to understand the perspectives of lawyers acting as advocates in mediation, negotiators, and in legal practice generally. In addition to requiring or recommending that students read publications about real practice systems, faculty could assign students to write papers such as (1) a Stone Soup interview of a practitioner, (2) a description of students’ actual system in simulated or …


Ndls Communicator: Week Of 12.12.22, Notre Dame Law School Dec 2022

Ndls Communicator: Week Of 12.12.22, Notre Dame Law School

NDLS Communicator

Chancellor Kathaleen McCormick ’04 J.D. of the Delaware Court of Chancery delivers inaugural Patricia O’Hara Distinguished Lecture in Law & Business

The Latest News

  • Last year, the ND Fitzgerald Institute for Real Estate (FIRE) started the Church Properties Initiative to help the Church to think through real estate concerns. Dan Kelly is the faculty director for FIRE.
  • Rick Garnett explained public accommodation laws for a Today Show report on a Virginia restaurant that refused to serve a conservative Christian group.
  • Nicole Garnett writes about how religious charter schools will add valuable pluralism to the U.S. educational landscape in an essay …


The Common Law As Statutory Backdrop, Anita S. Krishnakumar Dec 2022

The Common Law As Statutory Backdrop, Anita S. Krishnakumar

Georgetown Law Faculty Publications and Other Works

Amidst the whirl of commentary about how the U.S. Supreme Court has become increasingly textualist and what precise shape modern textualism should take, the Court’s continued reliance on one decidedly atextual interpretive tool has gone largely unnoticed — the common law. Indeed, the common law has played an underappreciated, often dispositive, gap-filling role in statutory interpretation for decades, even as the textualist revolution has sidelined other non-text-focused interpretive tools. But despite the persistent role that the common law has played in statutory interpretation cases, the use of common law rules and definitions as an interpretive resource is surprisingly understudied and …


Comments On Worker Classification Proposed Rule For Flsa Purposes Rin 1235-Aa43, Samantha J. Prince, Taylor Haberle, Lauren E. Stahl Dec 2022

Comments On Worker Classification Proposed Rule For Flsa Purposes Rin 1235-Aa43, Samantha J. Prince, Taylor Haberle, Lauren E. Stahl

Faculty Scholarly Works

No abstract provided.


Certification Basis For A Fully Autonomous Uncrewed Passenger Carrying Urban Air Mobility Aircraft, Steve Price Dec 2022

Certification Basis For A Fully Autonomous Uncrewed Passenger Carrying Urban Air Mobility Aircraft, Steve Price

Student Works

The Urban Air Mobility campaign has set a goal to efficiently transport passengers and cargo in urban areas of operation with autonomous aircraft. This concept of operations will require aircraft to utilize technology that currently does not have clear regulatory requirements. This report contains a comprehensive analysis and creation of a certification basis for a fully autonomous uncrewed passenger carrying rotorcraft for use in Urban Air Mobility certified under Title 14 Code of Federal Regulations Part 27. Part 27 was first analyzed to determine the applicability of current regulations. The fully electric propulsion system and fully autonomous flight control system …


Exploring Anti-Racism In The First Year Legal Writing Classroom, Amanda K. Maus Stephen Dec 2022

Exploring Anti-Racism In The First Year Legal Writing Classroom, Amanda K. Maus Stephen

Presentations

The Legal Writing Institute hosted a series of one-day workshops at various law schools, including at SU, where the theme of the workshops was "Teaching Values in the Legal Writing Classroom." This presentation explores assignments and activities that legal writing professors can use to introduce and reinforce ant-racism as a critical professional value.


West Virginia Law Scholar, Fall 2022, Wvu College Of Law Library Dec 2022

West Virginia Law Scholar, Fall 2022, Wvu College Of Law Library

West Virginia Law Scholar

No abstract provided.


Creating Shared Understanding: Preparing Students For A Modern Client Base, Jaclyn Celebrezze, Mireille Butler Dec 2022

Creating Shared Understanding: Preparing Students For A Modern Client Base, Jaclyn Celebrezze, Mireille Butler

Presentations

The Legal Writing Institute hosted a series of one-day workshops at various law schools, including at CWRU, where the theme of the workshops was "Preparing Students for the Modern Practice of Law." This presentation discusses how to prepare students for a modern, globalized client base, and provides tips and tools to help create a shared understanding between clients and future practitioners.