Law Commons^™

The Super Statute’S Kryptonite: The Faa After Efasha, Michael Snyder

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Dignity Of Work And Freedom At Work: Ethical Reflections On The Article 4 Jurisprudence Of The European Court Of Human Rights, Clemens Sedmak

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Accommodating Religious Liberty In An Artificially Intelligent Workplace, Michael H. Leroy

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Duty Of The Moment: Retooling The Agrarian Model Of Work/Home Integration, Erika Bachiochi

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Dignity Of Work: Is There A Transcendent Dimension?, Robert H. Tribken

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Getting Back On Your Feet: Wrongful Discharge Remedies And Dignifying Work, Ben Tillinghast

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Guardians Of Ethics For The Profession Of Arms: Judge Advocates Assisting Commanders To Choose The Harder Right Over The Easier Wrong, Lisa M. Schenck

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Blackstone's Rule Has Limited Our Ability To Think, Brian Forst

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Telling Stories, Curtis E. A. Karnow

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Tipping Point: Network Effects Of Tipping Quick-Service Restaurant Cashiers, Bree Hall

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Asylum, Title 42, & Female Foreign Nationals, Cecilia I. Morin

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Justified True Beliefs, The Gettier Problem, And Criminal Knowledge In The Model Penal Code, Yifei Wang

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

American Association Of Law Libraries Academic Special Interest Section White Paper On Continuing Status And Tenure Of Law Librarians, Aall Special Interest Section On Academic Law Libraries Subcommittee On Continuing Status And Tenure, Stephanie Davidson, Cindy Hirsch, Caroline Osborne, Brian Quigley, Jessica Whytock

Faculty Publications

In 2023 the ALL-SIS Continuing Status/Tenure Committee was charged with developing a white paper to provide information on the status, rights, and responsibilities of academic law librarian positions. The information provided in this paper is intended to allow law librarians to make informed career choices, increase knowledge of the rights and obligations of librarian positions, and ensure the development of necessary skills and education for future new positions. Clarity on how positions are structured, their required skills, and credentials is essential at all levels of experience for planning and development for future career growth.

This White Paper does not advocate …

Understanding Our Digital Fingerprints: Metadata, Competency, And The Future Practice Of Law, Stacey Lane Rowland

Faculty Publications

Metadata, often referred to as “data about data,” plays a crucial role in the digital world. It encompasses embedded information within electronic documents that reveals details about their creation, modification, and transmission. In legal proceedings, metadata can be both helpful and controversial, as it can expose sensitive information and potentially support or refute claims of fabricated evidence. With the widespread use of smartphones and other electronic devices, individuals generate vast amounts of personal data, including metadata, that can provide detailed insights into their lives.

This Article explores the significance of metadata in various contexts, such as digital photographs, and highlights …

Data Controllers As Data Fiduciaries: Theory, Definitions & Burdens Of Proof, Noelle Wilson, Amanda Reid

Faculty Publications

No abstract provided.

Erie And Forum Selection Clauses, John F. Coyle, F. Andrew Hessick

Faculty Publications

This article argues that federal courts should apply state law to determine the enforceability of outbound forum selection clauses in diversity cases. Using a hand-collected dataset comparing hundreds of state and federal decisions, the authors show that federal courts enforce such clauses at significantly higher rates, creating incentives for forum shopping and uneven contract rights. They contend that enforceability is a substantive contract issue under Erie and that federal courts lack authority to create federal common law in this area outside §1404(a). The article concludes that applying state law uniformly would prevent inequitable administration and restore coherence to forum selection …

Major Questions' Quiet Crisis, Graham S. Steele

Faculty Publications

During the New Deal, President Franklin D. Roosevelt declared that the United States was facing a “quiet crisis.” The Supreme Court had struck down his administration’s rules governing the petroleum and poultry industries. Unlike the recent banking panic that had caused the Great Depression, there were “no lines of depositors outside closed banks.” The situation, Roosevelt said, would nonetheless be “far-reaching in its possibilities of injury to America.” The courts ultimately relented, leaving the remainder of the New Deal regulatory settlement largely intact.

Today, the United States confronts another “quiet crisis.” The U.S. banking system has experienced a decade and …

Duties Owed To The Public, Nicolas Cornell

Book Chapters

How does private law conceptualize duties owed to the public-at-large? Are they owed to individual members of the public? This question is interstitial in two ways—it concerns both the space between public law and private law and the spaces between different fields of private law. Different areas of private law handle it in contradictory ways. Duties of public officials are regarded as owed to individual citizens for the purposes of contract law’s preexisting duty rule but as not owed to individuals as a matter of tort law’s public duty rule. Violations of public property might be enforceable through public nuisance, …

De Minimis Non Curat Lex?: Law And Little Things, William Ian Miller

Book Chapters

We are all familiar with the maxim de minimis non curat lex. It is not true at all; a good portion of law is concerned with nothing if not little things. Yes, there are often jurisdictional amounts that purport to deny jurisdiction to disputes too trivial for the courts to get moving. But sometimes these amounts are so minimal that it falsifies the maxim, a maxim which is not classical, apparently being a late medieval modification of de minimis non curat praeter.<.p>

Erasing Section 2?, Ellen D. Katz

Book Chapters

This chapter traces the evolution of Section 2 of the Voting Rights Act since 1982. It shows how Section 2 displaced scores of electoral structures that inhibited minority political participation; how, in so doing, it fostered the proliferation of majority-minority electoral districts nationwide; how judicial distaste for these districts fueled sweeping decisions that dramatically narrowed Section 2’s reach; and how the Court’s recent decision in Allen v. Milligan has, for now, curbed that retrenchment. The chapter also describes recently articulated limits the Supreme Court has placed on Section 2 vote denial—as distinct from dilution—claims; and the way in which Section …

Banking And Antitrust, Saule T. Omarova, Graham S. Steele

Faculty Publications

Money is power. Banks have the extraordinary power to create the nation’s money and credit, which they are entrusted to channel into productive economic uses. Like most other forms of economic power, this publicly granted privilege can be abused for private gain. That is why the “money monopoly” and “money trusts” were once considered one of the most dangerous forms of concentrated private wealth, an existential threat to economic freedom and American democracy. Yet, for the past half-century, the law governing banks and the law curbing monopolies have occupied doctrinally and normatively separate spaces. Today, banking law is seen predominantly …

A Qualitative Analysis Of Section 1983 Filings By Incarcerated Plaintiffs, Hollie Macdonald

Theses and Dissertations

The onset of the COVID-19 pandemic was a “watershed moment" in human history, transcending its role as a mere health crisis to reveal deeper fissures within societies. The present retrospective longitudinal study examined COVID-19 as an “era” of complexity utilizing it as an intermediate construct that delineates “pre-COVID” and “post-COVID.” In order to understand the impact of the COVID-19 era, the design of the study and hypotheses stem from an assumption of the interconnectedness of issues related to health, social justice, racial justice, politics, and information dissemination.

This study utilized both manifest and latent content analysis to explore the most …

Against Associational Standing, Michael T. Morley, F. Andrew Hessick

Faculty Publications

This Article calls for the abandonment, or at least serious modification, of associational standing. Even without associational standing, groups may still sue to enforce their own rights. And they could continue to help vindicate their members’ rights by providing legal representation for member plaintiffs in individual or class action suits (filed anonymously, if necessary), covering members’ litigation costs, and providing expert witnesses and other guidance. In short, associational standing is a largely unnecessary deviation from both Article III’s injury-in-fact requirement and the fundamental principles underlying our justice system. Eliminating associational standing would not limit public law and other important collective …

Legal Gender Recognition In Nepal And Comparative Context, Holning S. Lau, Mara Malagodi

Faculty Publications

The Supreme Court of Nepal was a groundbreaker when it ruled in Pant v. Nepal (2007) that people have the right to change their gender on identity documents based on “self-feelings” and “self-determination” rather than medical or other criteria; at the time, no other national apex court or government had so clearly prioritized self-determination for gender identity. Pant, however, centered “third gender” persons (neither male nor female), and now the Court is considering the case of a transgender woman, Ms. Kapali, who seeks to be identified as female on her documents and is challenging authorities that rejected her requests. …

A Bayesian Analysis Of E-Cigarette Risk Perceptions In The United Kingdom, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Public Health England has communicated that e-cigarettes provide at least a 95% risk reduction compared to conventional cigarettes. This article's survey evidence indicates that adults in the United Kingdom believe that e-cigarettes are only 30%–40% safer overall and that they reduce lung cancer risks and total mortality risks by a similar percentage. A Bayesian analysis of risk beliefs finds that e-cigarette risk perceptions are anchored on prior cigarette risk beliefs. The public, especially smokers, underestimates the magnitude of the risk reduction being communicated by public health officials. Those who are aware of e-cigarette messages from Public Health England assess lower …

Lower Courts After Loper Bright, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

If Loper Bright Enterprises v. Raimondo overrules or ousts Chevron U.S.A., Inc. v. National Resources Defense Council, Inc., its “consequences will be enormous, and almost uniformly bad.” The decision will instantly destabilize federal law across all sectors of the national economy. It also will undo another longstanding precedent and reinforce the public’s negative perception of the Court. These effects are certain, and they are reason enough not to dislodge a bedrock principle. Less certain are Loper Bright’s precise effects on judicial deference and agency authority. Those effects depend on the new rule that emerges, as to which Court-watchers …

The Impact Of Banning Confidential Settlements On Discrimination Dispute Resolution, Joni Hersch, Blair D. Bullock

Vanderbilt Law School Faculty Publications

The #MeToo movement exposed how workplace harassment plagues employment in the United States. Several states responded by passing legislation aimed at curbing harassment and employment discrimination in the workplace. One of the most common legislative efforts was to ban confidentiality provisions in certain settlement agreements. These bans, in part, attempted to stop “secret settlements” by shining light on workplace discrimination and exposing serial harassers as a means to motivate firms to actively deter workplace discrimination.

But do bans on confidentiality agreements deter the bad act? For these laws to have a deterrent effect, claims must be revealed in a public …

Exacting Assessments: Sheetz And The Problem Of Stategraft, Christopher Serkin

Vanderbilt Law School Faculty Publications

In the spring of 2024, the United States Supreme Court decided Sheetz v. County of El Dorado. The case resolved a long-standing question: whether the constitutional rules applying to ad hoc development exactions also apply to legislated exactions. They do. It is an important case, and one that may reconfigure the financing of municipal infrastructure. This Essay examines the case through the lens of Professor Bernadette Atuahene's concept of "stategraft," or the government illegally using its regulatory power to raise money from the poor and politically powerless. This Essay compares legislative exactions to other forms of municipal finance like special …

Thoughts On Corporate Law And The Problem Of Human Capital, Margaret Blair

Vanderbilt Law School Faculty Publications

The theme of this Symposium takes me back more than thirty years to work I did on corporations and human capital at the Brookings Institution in the 1990s. Although I have been on the faculty of law schools since 2000, I am not a lawyer, and in fact, never went to law school. I did my Ph.D. in economics, and I wrote my dissertation on merger waves-in particular, I developed a macroeconomic theory to explain the wave of corporate mergers and takeo- vers that happened in the 1980s. The most prominent and popular idea about takeovers at the time was …

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Seattle University Law Review

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …