Law Commons^™

Mmu: 12/05/22–12/11/22, Student Bar Association

Monday Morning Update

Note from the Editor

This Week @ NDLS

Screening of "The Hong Konger: Jimmy Lai's Extraordinary Struggle for Freedom"

CLS Prayer Meeting

Dog Day

FREE COFFEE from Student Services

Mass Times

Commons Daily Menu

General Announcements

Kresge Law Library: Study Rooms

1L of the Week: Harry Weeks

2Ls Taking Ls: Tori Hust

Ask a 3L: Erin Gormley

Jackie's [Kamel] Corner

You Do Not Have The Right To Remain Silent: The Lack Of Miranda Within “Child Welfare”, Jane Weiss

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

Reform within the “child welfare” system is widely discussed due to the systems prejudicial nature. The system is called many names: the family policing system, the family regulation system, and the family destruction system.] Many Black and Brown families, specifically, struggle with systemic racism embedded in the “child welfare” system that causes constant fear that minor flaws will lead to family separation.] While many activists call for the system to be abolished, many supporters of abolition understand that the goal can only be achieved through reforms that hold the perpetrators accountable. However, many activists have had little luck fixing a …

How To Choose A Law Review: An Empirical Study, Ignacio Cofone, Pierre-Jean G. Malé

Journal of Legal Education

No abstract provided.

Redistricting: Federal Law, State Constitution, And The Courts, Arisha Andha

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

Gerrymandering through the method of redistricting poses a grave threat to our democracy. Redistricting is the redrawing of voting districts to reflect the census data collected every decade. Redistricting is supposed to be a bipartisan process that is reflective of the population, but laws surrounding the practice allow for partisan manipulation and racial discrimination. The practices of including or excluding specific groups from specific districts, also called gerrymandering, allow for districts to be redrawn so that the district favors one political party over another in elections and is inherently undemocratic Section 2 of the Voting Rights Acts (VRA) prohibits any …

Answering The Call

DePaul Magazine

With a strong spirit of service, DePaul initiatives aid displaced populations in Chicago and internationally.

The People's Advocate

DePaul Magazine

DePaul Magazine chats with Cook County Public Defender and DePaul alumnus Sharone Mitchell Jr. about his opinion on representing the underserved, the paths that shaped his career and the pursuit of justice for all.

Sacrificing Sovereignty: How Tribal-State Tax Compacts Impact Economic Development In Indian Country, Pippa S. Browde

Faculty Law Review Articles

Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even potential juridical taxation threatens economic development opportunities for tribes. For many years, tribes and states have entered into intergovernmental agreements called tax compacts to reduce or eliminate juridical taxation. Existing literature has done little more than mention tax compacts with cursory cost-benefit analyses of the agreements. This is the first Article to critically examine the role tax compacts serve in promoting tribes’ economic development.

This Article analyzes …

Ndls Communicator: Week Of 12.05.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Professor Emily Bremer wins Emerging Scholar Award from AALS
• Dublin and Hamburg Honor Scholars Programs offer unique opportunities for students to learn international law
• Notre Dame recognized as top LL.M. Human Rights Law Program
• Religious Liberty Initiative mentioned in article about Ohio EdChoice debate
• Mary Ellen O'Connell was quoted in The Intercept article, "Will Biden Sell Advanced Drones to Ukraine?"
• Jimmy Gurulé was quoted by the Washington Post in "Sedition trial win bolsters Justice Dept. in Jan. 6 probe."
• Avishalom Tor has published a new article, "The Law and Economics of Behavioral Regulation," 18 Review of Law …

Teaching A Hybrid Administrative Law Simulation Class Using Jurassic Park, Roberto L. Corrada

Journal of Legal Education

No abstract provided.

Schoolhouse Rock! Rules: Orthodoxies And Unorthodoxies In Congressional Procedure, John Cannan

Faculty Publications

Is the Schoolhouse Rock! cartoon version of the conventional legislative process really dead? According to some legal academics, traditional Congressional procedures, documented in the cartoon I’m Just a Bill, have been replaced by unorthodox lawmaking—frequent and significant procedural legislative deviations. In actuality, the iconic cartoon and the traditional process are not ready for the grave just yet.

This paper documents the many nuances in orthodox and unorthodox lawmaking by reviewing over 1,500 laws passed between the 111th to116th Congresses and the information sources produced for each to evaluate how pervasive unorthodox law-making really is. The results show the true balance …

Salus Populi: Educating Judges On The Social Determinants Of Health, Faith Khalik, Alisa Lincoln

Journal of Legal Education

No abstract provided.

Is "Guatemalan Women" A Viable Particular Social Group For Asylum Petitions? Circuit Split Between The United States Courts Of Appeal For The Ninth And Third Circuits, Jazmin Moya

Refugee Law & Migration Studies Brief

No abstract provided.

The Distinction Between Refugee Populations In Lebanon: A Look Into Lebanon's Treatment Of Palestinian Refugees Since 1948 Versus Its Treatment Of Syrian Refugees Since 2011, Mia Bodell

Refugee Law & Migration Studies Brief

No abstract provided.

The European Union Agency For Asylum: A Promising Improvement Or Vestige Of The European Asylum Support Office?, Alexandra Tarzikhan

Refugee Law & Migration Studies Brief

No abstract provided.

Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.

Letter From The Editor, Isabella Zink

Refugee Law & Migration Studies Brief

No abstract provided.

The Trouble With Farmouts: The Problem Of The Innocent, Nonperforming Farmee, Benjamin Idzik

Catholic University Law Review

The oil market is a volatile universe. The price of the commodity has a profound impact both on the national and global economies and on the lives of everyday consumers. Consider the high prices of 2022 compared with the record lows seen in 2020, the price of oil affects almost everything. The United States is one of the top oil producing nations in the world. The size and importance of the industry has led to a somewhat unique area of the legal practice known as oil and gas law. Among its many tenants is an instrument known as a farmout …

The Unfulfilled Promise Of Indian Water Rights Settlements, Heather Tanana, Elisabeth Paxton Parker

Utah Law Faculty Scholarship

As climate change threatens an already-scarce resource, quantifying tribal water rights is critical to providing additional certainty to an uncertain future. In order to protect the future of their communities, it is critical that tribal water rights move from merely theoretical paper rights to actualized wet water rights.

Artificial Intelligence And Corporate Decisions: Fantasy, Reality Or Destiny, Jingchen Zhao

Catholic University Law Review

Fueled by the ever-growing significance of big data and advances in AI, tasks in relation to decision-making in contemporary societies have been increasingly delegated to AI at different levels. While there is massive investment all over the world related to one side of AI, namely engineering, it is also important to create rules and competence related to humanistic AI and its effects on people and societies. This article aims to examine AI’s role in the boardroom and associated legal challenges, by exploring the interplay between AI and corporate law and governance. We observe that the delegation of board tasks to …

The Inconsistencies Of Consent, Chunlin Leonhard

Catholic University Law Review

U.S. legal scholars have devoted a lot of attention to the role that consent has played in laws and judicial consent jurisprudence. This essay contributes to the discussion on consent by examining judicial approaches to determining the existence of consent in three selected areas--contracts, tort claims involving medical treatment, and criminal cases involving admissibility of confessions, from the late nineteenth century until the present. This article examines how courts have approached the basic factual question of finding consent and how judicial approaches in those areas have evolved over time. The review shows that the late 19th century saw courts adopting …

New Light On The History Of Free Exercise Exemptions: The Debates In Two Eighteenth-Century State Legislatures, Stanton D. Krauss

Catholic University Law Review

As Justice Gorsuch pointed out in his concurring opinion in Masterpiece Cakeshop v. Colorado Civil Rights Commission, 138 S. Ct. 1719, 1734 (2018), there is an ongoing debate about whether the First Amendment ever requires the recognition of religion-based exemptions to neutral and generally applicable laws. The leading proponent of such exemptions has argued that the original understanding of the Free Exercise Clause supports his claim, and that the existence of such exemptions in preconstitutional American statutes – which he believed to have been granted because legislators thought them mandated by “the free exercise principle” – is one factor …

Legal Reform To Enhance Global Text And Data Mining Research, Sean Flynn

Joint PIJIP/TLS Research Paper Series

Text and data mining (TDM) research involves the process of collecting vast amounts of digitized material and using software to analyze and extract information from such information. TDM is a crucial first step to addressing some of the world’s greatest scientific and societal challenges. But, as we show in this article, a patchwork of copyright laws across jurisdictions limits where and how TDM research can occur. We discuss how the World Intellectual Property Organization and legislatures around the world can promote harmonization of copyright exceptions for various research uses. Addressing research uses, including for TDM, in copyright reform can help …

Good Newsletter December 2, 2022, Seattle University School Of Law Dean

GOOD NEWSletter

No abstract provided.

Subsidiarity & Vulnerability Theory: A Case Study For Deepening The Relationship Between Catholic Social Teaching And The Responsive State, Nathaniel Romano

Catholic University Law Review

Religion and religious voices have long had a role to play in shaping community norms and values and public policy; this role continues in contemporary America. Yet, legitimate questions arise about the extent of this role and its place in a pluralist and democratic state. These questions are particularly pronounced when religion is perceived as partisan, a situation that seems apparent in contemporary America. Hoping to combat this perception, this paper explores the relationship between Catholic Social Teaching and Vulnerability Theory, aiming to show how religious values can inform legal theory across the political spectrum. This paper surveys both Catholic …

Academic Freedom And Democratic Backsliding, Tom Ginsburg

Journal of Legal Education

No abstract provided.

Ministerial Decision On The Trips Agreement (Wto), Ana Santos Rutschman

Faculty Publications

No abstract provided.

State Digital Services Taxes: A Good And Permissible Idea (Despite What You Might Have Heard), Young Ran (Christine) Kim, Darien Shanske

Notre Dame Law Review

Tax systems have been struggling to adapt to the digitalization of the economy. At the center of the struggles is taxing digital platforms, such as Google or Facebook. These immensely profitable firms have a business model that gives away “free” services, such as searching the web. The service is not really free; it is paid for by having the users watch ads and tender data. Traditional tax systems are not designed to tax such barter transactions, leaving a gap in taxation.

One response, pioneered in Europe, has been the creation of a wholly new tax to target digital platforms: the …

Conceiving Consistency: Giving Birth To A Uniform "Best Interests Of The Child" Standard, Victoria L. Pepe

Hofstra Law Review

The article address the lack of consistency surrounding the best interests of the child (BIOTC) standard as it has been used in child legal custody adversarial proceedings. It mentions lack of consistency surrounding the BIOTC standard as it has been used in child legal custody adversarial proceedings. It also mentions need to incorporate child welfare data from across the U.S., legal scholarship, and case law to determine which state factors or tests.

Solidarity Federalism, Erin F. Delaney, Ruth Mason

Notre Dame Law Review

Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and the federal government. This Article approaches federalism from a different perspective, one that focuses on state solidarity. We explain how solidarity structures found in constitutional federations—including the United States—generate solidarity obligations, such as duties not to harm other states or their citizens. These duties give rise to principles, such as nondiscrimination, that are vital to federalism. Focusing on interstate relations and relations between states and citizens of other states, we argue that affirming both solidarity and autonomy as …

Gentlewomen Of The Jury, Vivian N. Rotenstein, Valerie P. Hans

Michigan Journal of Gender & Law

This Article undertakes a contemporary assessment of the role of women on the jury. In 1946, at a time when few women served on U.S. juries, the all-male Supreme Court opined in Ballard v. United States: “The truth is that the two sexes are not fungible; a community made up exclusively of one is different from a community composed of both; the subtle interplay of influence of one on the other is among the imponderables.” Three-quarters of a century later, women’s legal and social status has changed dramatically, with increased participation in the labor force, expanded leadership roles, and the …