Law Commons^™

Customary International Law As A Vessel For Global Accord: The Case Of Customary Rules-Of- The-Road For Governing The Orbital Highways Of Earth, Hjalte Osborn Frandsen

Journal of Air Law and Commerce

In a time where the international community seems unable or unwilling to commit to binding instruments to solve global-governance issues, ranging from climate to cybercrime, increased reliance on customary norms presents a path forward. Using the case of space traffic, this author investigates if and how customary international law can emerge to govern complex transnational issues. The traditional approach to international custom is augmented with perspectives from the broader field of social science to accord for the influence of private actors and technological development on the formation of customary law.

Commercialization of the space sector has unleashed a tremendous proliferation …

Legal Ethics For Government Lawyers: Confronting Doctrinal Gaps, Andrew Martin

Articles, Book Chapters, & Popular Press

Despite the recent growth in the Canadian literature on legal ethics for government lawyers, the leading conceptual models have yet to be applied to resolve many of the most important legal questions facing government lawyers. In this article, I identify four key situations where the obligations of government lawyers as lawyers appear to clash with their obligations as public servants. I provide both a doctrinal analysis of how the current law applies in those situations and proposals for how the law can be clarified and improved. This analysis both provides much needed guidance to government lawyers and promotes a greater …

On The Propertization Of Data And The Harmonization Imperative, Luis Miguel M. Del Rosario

Fordham Law Review

The digital age has paved the way for unforeseen and unconscionable harms. Recent experiences with security breaches, surveillance programs, and mass disinformation campaigns have taught us that unchecked data collection, use, retention, and transfer have the potential to affect everything from health-care access to national security. And they have shown the growing need for a solution that addresses this proliferation of intangible collective harms. This Note champions data propertization—the process of establishing a bundle of rights in data comparable to those that comprise property interests—as the proper method for preventing and redressing data harms. More specifically, this Note analyzes Illinois’s …

Can Continuing Legal Education Pass The Test? Empirical Lessons From The Medical World, Rima Sirota

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Trust And Distrust Across Constitutional Law, R. George Wright

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Legal And Ethical Implications Of Public Pension Reform: Analyzing The New Constitutional Cases, T. Leigh Anenson, Jennifer K. Gershberg

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Scandal And Due Process: A Canonical Response To The Mccarrick Case, Fr. John P. Kimes

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Anti-Slapped In The Face: The Applicability Of Anti-Slapp Statutes In Federal Courts, Noah Brown

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Social Movement Theory And The Role Of Qualified Immunity In Increasing Political Violence, Cesar M. Estrada

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Duty To Monitor: How The Mission Critical Doctrine In Marchand Informs Director Liability For Cybersecurity Breaches, Mary E. Kempf

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Improving New Market Tax Credit Accessibility To Address Food Vulnerability, Zahraa Nasser

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Faith In Elections, Derek T. Muller

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Influence Of Partisanship On Supreme Court Election Law Rulings, Anthony J. Gaughan

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Vote Dilution And Voter Disenfranchisement In United States History, Luis R. Fraga Phd.

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Regulation Or Qualification: The Qualifications Clause, The Elections Clause, And Federal Regulation Of Mail-In Ballots, Andrew Scarafile

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Mass Incarceration & The Minority Vote: The Case For A Federal Ban On Felon Disenfranchisement, Jaylen Amaker, Danielle M. Lyn, Marquan Robertson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Wilson’S Foreboding Forecast For Sunshine Laws: Partly Cloudy, With A Chance Of Unconstitutionality, Frank D. Lomonte, Paola Fiku

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Due Process And Title Ix: Considering Compulsory, Live Cross-Examination In Campus Sexual Assault Adjudications, Justin Ewing

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Materiality Of Environmental, Social, And Corporate Governance (“Esg”) Indicators: Is It Time For Mandatory Disclosure?, Jake Landreth

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

A Temporary Stopper In The Revolving Door: Executive Order Ethics Pledges And Their Role In Promoting Government Accountability And Integrity Within The President’S Branch, Caitlin-Jean Juricic

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Unraveling The Web Of Legal Protection: Race, Police Misconduct, And The Favorable Termination Rule, Jasmine B. Gonzales Rose, Caitlin Glass, Neda A. Khoshkhoo

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Consensus Decision-Making And Legislative Inertia At The Wto: Can International Law Help?, Americo B. Zampetti, Patrick Low, Petros C. Mavroidis

Faculty Scholarship

The recent emergence of Joint Statement Initiatives (JSIs) – that is, negotiating initiatives among a subset of the World Trade Organization (WTO) membership – has reignited the debate over law-making in the WTO. As things stand, the WTO operates on the basis of a widespread expectation that consensus needs to be achieved for any decision to be taken. Agreements that produce rights and obligations only among a subset of the membership (‘plurilaterals’, or Annex 4 agreements) are also subject to the consensus rule and thus remain exceptional. Are JSIs the first move towards redressing the current equilibrium in favour of …

Structural Biases In Structural Constitutional Law, Jonathan S. Gould, David E. Pozen

Faculty Scholarship

Structural constitutional law regulates the workings of government and supplies the rules of the political game. Whether by design or by accident, these rules sometimes tilt the playing field for or against certain political factions – not just episodically, based on who holds power at a given moment, but systematically over time – in terms of electoral outcomes or policy objectives. In these instances, structural constitutional law is itself structurally biased.

This Article identifies and begins to develop the concept of such structural biases, with a focus on biases affecting the major political parties. Recent years have witnessed a revival …

The Input Fallacy, Talia B. Gillis

Faculty Scholarship

Algorithmic credit pricing threatens to discriminate against protected groups. Traditionally, fair lending law has addressed such threats by scrutinizing inputs. But input scrutiny has become a fallacy in the world of algorithms.

Using a rich dataset of mortgages, I simulate algorithmic credit pricing and demonstrate that input scrutiny fails to address discrimination concerns and threatens to create an algorithmic myth of colorblindness. The ubiquity of correlations in big data combined with the flexibility and complexity of machine learning means that one cannot rule out the consideration of protected characteristics, such as race, even when one formally excludes them. Moreover, using …

The Banker Removal Power, Da Lin, Lev Menand

Faculty Scholarship

The Federal Reserve (“the Fed”) can remove bankers from office if they violate the law, engage in unsafe or unsound practices, or breach their fiduciary duties. The Fed, however, has used this power so rarely that few even realize it exists. Although major U.S. banks have admitted to repeated and flagrant lawbreaking in recent years, the Fed has never removed a senior executive from one of these institutions.

This Article offers the first comprehensive account of the banker removal power. It makes four contributions. First, drawing on a range of primary sources, it recovers the power’s statutory foundations, showing that …

Women, Peace, And Security: A Human Rights Agenda?, Christine M. Chinkin

Book Chapters

The Women, Peace and Security (WPS) agenda emanates from the ground-breaking Security Council Resolution 1325 (2000) which centres upon bringing women’s experiences of armed conflict into decision and policymaking in the exercise of the Council’s primary responsibility for the maintenance of international peace and security. The chapter asks whether, despite its location within the Security Council, WPS can be understood as an international human rights agenda as envisaged by women activists who lobbied for the adoption of Resolution 1325. It traces the antecedents of WPS through women’s peace and human rights activism throughout the twentieth century. It examines the texts …

Individuals Who Have Been Convicted Of A Sex Offense: Attitudes On Legislation And Policy, Brenna L. Scott

Student Theses

Sex offender legislation, both at the state and federal level, was designed to keep communities safer. However research suggests that many of these laws do not decrease recidivism and in some cases may increase risk for reoffending. Despite this there has been little movement to repeal these laws. As such, it is important to understand how the current legislation impacts individuals who have committed a sex offense and their ability to successfully reintegrate into communities post-incarceration and what if anything can be done to improve existing laws. The current study surveyed 46 individuals convicted of sex offenses about their opinions …

Misled Youth, Mark Tan

Theses and Dissertations

I’m a first-generation Canadian who was born and raised in Toronto, Ontario by Asian immigrants. I have migrated to the United States and lived here for 7 years. Through my work, I express the emotional value of preconceived notions, disconnectedness, and longing in search of finding place and acceptance within a community. Drawing from memory, personal narrative, emotion, and perception, I manipulate data into lines, forms, and materials through a subjective human experience from the lens of a non-citizen. By projecting the migration movement of my family lineage from China and the Philippines to Canada as well as my path …

Litigation Bias, Adam N. Eckart

Suffolk University Law School Faculty Works

There is pervasive litigation bias in law schools. Despite significant interest in transactional law fields among law students, law schools disproportionately teach to the student interested in litigation: litigation-based legal writing assignments outnumber transactional-based ones 19 to 1; litigation-based clinics outnumber transactional ones 9 to 1; and doctrinal classes focus primarily on appellate court cases, often failing to entertain substantive discussion on the creation or content of the documents that led to the dispute. As a result, law school graduates are 44% less prepared for transactional careers than litigation careers.
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Social Justice As Desistance: Rethinking Approaches To Gender Violence, Deborah M. Weissman

Faculty Publications

Part I of this Article describes most domestic violence intervention programs (DVIPs) as they currently function with regard to gender violence. It critiques the structure of these programs, their close partnership with criminal legal system actors, perceived deficiencies, and it identifies missed opportunities to provide meaningful intervention strategies with those who have harmed. It demonstrates the ways that laws, regulations, and policies governing DVIPs constrain most programs from moving beyond established practices informed by punitive approaches to address the structural conditions that situate gender violence within a political economic framework.

Part II begins with a brief overview of the research …