Law Commons^™

Ndls Communicator: Week Of 11.04.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Justice Kavanaugh to judge final round of inaugural Justice Amy Coney Barrett Moot Court Tournament at Notre Dame Law School
• Notre Dame Law School's Exoneration Justice Clinic welcomes new legal fellow
• Notre Dame BLSA fireside chat explores navigating careers and championing DEI with sports and media industry leaders

Faculty News and Briefs

• Roger Alford published an article in Bloomberg Law: "AI antitrust enforcement supports consumers, national security."
• Last week, Nicole Garnett co-authored an amicus brief for Woolard v. Thurman in support of three Christian families in California facing religious discrimination in a homeschool-aid program.
• Lloyd Mayer was …

Can Congress Give Unaffected Taxpayers Standing, Reuven S. Avi-Yonah

Articles

A recurring problem in tax law arises when the IRS promulgates a regulation or a notice that is too favorable to taxpayers.1 The problem is that nobody has standing to challenge the regulation. The IRS cannot challenge its own regulation, and taxpayers affected by the regulation have no interest in challenging it (and even if they did, they cannot show a concrete injury sufficient to establish standing). Congress may intervene, but that is rare for a taxpayer-favorable regulation (indeed, Congress sometimes intervenes to block IRS attempts to roll back its own regulations). Taxpayers unaffected by the regulation do not have …

Burnout And Employee Satisfaction Of Mental Health Clinicians In Corrections, Jeremy C. Capuyon, Lindsay Gietzen

Pacific Journal of Health

Approximately 1.9 million individuals are currently incarcerated within the United States. Rehabilitation and preparation for parole back into the community is common goal amongst correctional facilities. Mental health clinicians (social workers and psychologists) within the correctional facilities are providers who assist in the rehabilitation of inmates. Unfortunately, mental health clinicians in correctional facilities experience high rates of burnout and low levels of job satisfaction, resulting in an increase in turnover rates. This research project looks to investigate the impact burnout and employee satisfaction has on mental health clinicians who work in correctional settings. Furthermore, this research project compares burnout and …

Confirmation Notes In The English Common Law, Ilias Bantekas

Pace Law Review

Confirmation notes allow parties to a final or near-final contract to specify the terms of their agreement and thus render it binding. As a result, the note may take the form of an offer or acceptance or, if so specified by the parties, it may just as well serve as the contract. Where the note does not serve as a contract, the receiver is presumed to have accepted its terms if it has not rejected within reasonable time. A confirmation note that adds, modifies or limits the parties’ original (usually oral) agreement has no effect, unless the receiver unjustifiably delays …

Despair For Democracy, Bennett L. Gershman

Pace Law Review

In the convoluted terrain of American democracy, the proliferation of lies, misinformation, conspiracy theories, and paranoid thinking has emerged as a pervasive force, undermining the foundational principles upon which the nation was built. This article embarks on a penetrating exploration of the multifaceted challenges posed by these phenomena, exacerbated by the divisive rhetoric and provocative incitements to violence perpetuated by the Trump administration. As the fabric of truth unravels, the rule of law stands as a critical linchpin in preserving the integrity of democracy, serving as a bulwark against the encroachment of authoritarianism and the unchecked spread of disinformation.

Against …

Free Exercise Challenges To Entheogen Prohibitions: Precedents, Principles, And Issues, Kevin Chamow

Pace Law Review

This paper examines the conditions for the possibility of future

challenges to prohibitions against the cultivation, distribution, and use of entheogens—substances which reliably induce religious experiences in their users—based on the Free Exercise Clause of the First Amendment. Smith no longer applies to federal prohibitions against entheogens, because of Religious Freedom Restoration Act (RFRA). Under the current Gonzalez framework, the Court is given the difficult task of evaluating the cost of the claimant’s exemption against the state’s interest in the general ban; including how the exemption would impact enforcement of the general ban. This is essentially predictive systems-theory and policymaking, …

Subjective Deliberate Indifference: The Correct Standard For Pre-Trial Detainees' Fourteenth Amendment Claims For Inadequate Medical Care, Douglas Weeks

Pace Law Review

This article examines the legal standard of “subjective deliberate indifference” as it pertains to the Fourteenth Amendment claims of pre-trial detainees facing inadequate medical care. With the Supreme Court’s evolving interpretation of constitutional protections for incarcerated individuals, this piece argues that subjective deliberate indifference offers a more appropriate framework for evaluating the state’s duty to provide adequate medical treatment. By analyzing relevant case law, including the significant distinctions between pre-trial detainees and convicted prisoners, the article highlights the necessity of considering the mental state of correctional officials in medical negligence claims. Furthermore, it explores the implications of this standard on …

Samuel Alito's Dobbs Opinion And The Resurrection Of Second-Class Citizenship, Sue Mcgrath

Pace Law Review

This article examines Justice Samuel Alito’s opinion in the landmark Dobbs v. Jackson Women’s Health Organization case, analyzing its implications for women’s rights and reproductive freedom in the United States. By contextualizing Alito’s arguments within a historical framework, the piece argues that his decision represents a significant regression in civil rights, effectively resurrecting a form of second-class citizenship for women. The analysis delves into the legal reasoning employed, the socio-political ramifications of the ruling, and the broader implications for gender equality. Ultimately, the article calls for a critical reevaluation of judicial interpretations that prioritize certain rights over others, highlighting the …

The Three-Dimensional Chess For Parents Facing A Child Protective Services Investigation: Navigating The Child Welfare Exception To The Constitution, Gregory M. Varner

Pace Law Review

This article examines the intricate dynamics faced by parents dur-

ing a child protective services (CPS) investigation, highlighting the complexities of navigating the child welfare system within the framework of constitutional exceptions. It outlines the unique challenges parents en- counter, including legal rights, procedural requirements, and the emotional toll of being under investigation. By analyzing relevant legal standards and the roles of various stakeholders, the article provides essential guidance for parents on how to effectively engage with CPS while protecting their family’s interests. Emphasizing the importance of in- formed advocacy, the article aims to equip parents with the knowledge and …

The Internal Revenue Code's Section 351 Implied Deferred Tax Liability Problem, Stanley Veliotis

Pace Law Review

Most people take for granted that the fair market value of property exchanged for other property is of equal value. However, in the case of transfers of appreciated property to a corporation in a transaction qualifying for non-recognition under Section 351, the creation of a second unrealized gain in the hands of the transferee corporation—and thus a newly created implied deferred tax liability on such gain when later realized—reduces the value of the stock issued to the shareholder. Despite this, in Section 351 settings academics, textbook and casebook writers, the Treasury, and the courts take a standard approach of equating …

Why Not More Seats? Increasing The House Of Representative's Size Using The Least Populous State Solution, Jennifer Kindred Mitchell

Pace Law Review

Representative democracy is for the people, by the people. But what happens when the connection between the people’s representative and their constituents erodes over time due to increased population and district size? The United States House of Representatives’ membership has been capped at 435 for almost 100 years leading to an increase in the average district size from 280,875 in 1930 to 761,169 in 2020. House membership and constituents represented by each member is out of balance, causing a decrease in representative democracy, large over and underrepresented district disparities, and feelings of disenfranchisement by citizens. Therefore, this paper premises that …

Panel Discussion 3: Recognizing And Addressing Immigration Concerns In The Criminal Process, Violeta Chapin, Dan Kesselbrenner, Christina Kleiser

Tennessee Journal of Law and Policy

No abstract provided.

Panel Discussion Ii: Analyzing The Immigration Process And How Criminal Law Fits In, Tricia Herzfeld, Jeremy Jennings, Karla Mckanders

Tennessee Journal of Law and Policy

No abstract provided.

Lunch Keynote Address: 287(G) And Secured Communities: Some Of The Dangers Of Delegating Federal Powers, Elliot Ozment

Tennessee Journal of Law and Policy

No abstract provided.

Panel Discussion I: Understanding Immigration: Satisfying Padilla's New Definition Of Competence In Legal Representation, Jennifer Chacon, Christopher Lasch, Yolanda Vazquez

Tennessee Journal of Law and Policy

No abstract provided.

Morning Keynote Address Ii: Padilla V. Kentucky: Defending An Immigrant's Right To Competent Representation, Timothy Arnold

Tennessee Journal of Law and Policy

No abstract provided.

The Dynamic Cycle Of Legal Change, John Martinez

Tennessee Journal of Law and Policy

No abstract provided.

Judicial Leadership In Family Court: A Cautionary Tale, Jane M. Spinak

Tennessee Journal of Law and Policy

No abstract provided.

Due Process Tolling Of The Post-Conviction Statute Of Limitations In Tennessee After Whitehead V. State, Brennan T. Hughes

Tennessee Journal of Law and Policy

No abstract provided.

Death By Jury: Jurisprudential Trends And Hybrid Capital Sentencing Authority, Jacob T. Hayes

Tennessee Journal of Law and Policy

No abstract provided.

Government Ownership Of Stock In A Corporation, Harrison Sullivan

Tennessee Journal of Law and Policy

No abstract provided.

Time Is Money But Our Indigents Have Neither, Lee T. Nutini

Tennessee Journal of Law and Policy

No abstract provided.

Fisher V. University Of Texas At Austin: An Analysis Of Race-Conscious Admissions Programs And How The Supreme Court Will Rule, Kevin Mcnelis

Tennessee Journal of Law and Policy

No abstract provided.

Contents

Tennessee Journal of Law and Policy

No abstract provided.

The Role Of Islam In The Prevention Of Suicide: An Analytical Study Of The Reasons Behind Suicide Prevention In Islam, Hamza Hammad

An-Najah University Journal for Research - B (Humanities)

Objectives: The purpose of this research is to extrapolate and analyze the causes leading to suicide prevention in the Islamic religion, by deducing the relationship between the level of Islamic religiosity and mental health, specifically suicide, then extrapolating the factors or components that lead to suicide prevention in the Islamic religion, as well as analyzing the Islamic faith’s position on Suicide, then inferring the effect of belief in fate and destiny on psychological security and in reducing suicide. Methods: This study follows the inductive and analytical approach, based on extrapolating studies and statistics about suicide rates in the world as …

The Impact Of Incidental Doubt On The Continuation Of The Descriptive Attribute That Establishes The Ruling According To The Maliki School – An Applied Foundational Study, Khlouq D. Agha, Shibli A. Obeidat, Rogayah S. Alqaraleh, Ibrahim A. Abualadas

An-Najah University Journal for Research - B (Humanities)

Objective: This study aims to elucidate the impact of incidental doubt on the descriptive attribute that establishes a ruling in its continuation (Istiṣḥāb) according to Maliki Stream. This necessitated conducting an applied foundational study of this type of continuation (Istiṣḥāb), by addressing the primary question: Does incidental doubt regarding the descriptive attribute that establishes a ruling have the strength to annul the continuation (Istiṣḥāb) of that attribute and change the established ruling in Maliki jurisprudence? Methedology: The researchers in this study relied on inductive and descriptive-analytical methodologies. Results: The study concluded with several findings, most notably that the continuation (Istiṣḥāb) …

Volume 7, Issue 2 Title Page

SAIPAR Case Review

No abstract provided.

Volume 7, Number 2 Editorial Board

SAIPAR Case Review

No abstract provided.

Punishing Inciting Racial Hatred Through Social Media: A Review Of R V. Jordan Parlour [2024] Ewhc 2323 (Ch), Chaloka Beyani

SAIPAR Case Review

This article discusses the sentencing of Jordan Parlour for inciting racial hatred through social media posts that encouraged attacks on a hotel housing refugees and asylum seekers. The case highlights the serious implications associated with online hate speech and the legal framework set by Articles 19 and 20 of the International Covenant on Civil and Political Rights to be particular, which prohibit incitement to national, racial, or religious hatred. The commentary advocates for the need for harsher and stricter punishments to deter such incitement and calls for social media companies to strengthen and improve their content moderation practices. It also …

The Appeal Of The Apex Court In Botswana: The Case Of Carter Morupisi V. State, Muna B. Ndulo, Louis Koen, Samantha Smit

SAIPAR Case Review

This case note discusses the Botswana Court of Appeal's ruling in Carter Morupisi v State, which addressed the High Court's unprecedented attempt to review a decision of the Court of Appeal. The commentary highlights the fundamental principle of judicial hierarchy and the separation of powers in Botswana's constitutional framework. The Court of Appeal emphatically rejected the High Court's jurisdiction to review its judgments, reaffirming its position as the final arbiter (highest judicial authority). The authors emphasise that while the High Court may raise constitutional questions with regards to Apex courts decisions, it cannot adjudicate on them, reinforcing the concept of …