Law Commons^™

The Ascending Role Of Crime Vctims In Plea-Bargaining And Beyond, Elizabeth N. Jones

West Virginia Law Review

No abstract provided.

The Limits Of The Supreme Court’S Technological Analogies, Mark Mckenna

Mark P. McKenna

Op-ed The Limits of the Supreme Court’s Technological Analogies published on Slate.com on June 26.

Mark Mckenna Quoted Forbes Article Aereo Loses Big As Supreme Court Calls It Equivalent To Cable Tv On June 25., Mark Mckenna

Mark P. McKenna

Mark McKenna quoted in Forbes article Aereo Loses Big As Supreme Court Calls It Equivalent To Cable TV on June 25. Mark McKenna of Notre Dame Law School wasn’t so sure, saying the decision might threaten cloud services that allow users to transmit copies of protected content to themselves. “I think Breyer meant here to distinguish Dropbox, where I might store copies I legitimately acquired, but I don’t think it’s much comfort since I only owned the first copy and Dropbox doesn’t really know if I owned it or not,” McKenna told me, via e-mail. “That’s the cloud companies’ concern …

Mark Mckenna Quoted In Cbs News Article Supreme Court Deals Severe Blow To Aereo On June 25., Mark Mckenna

Mark P. McKenna

Mark McKenna quoted in CBS News article Supreme Court deals severe blow to Aereo on June 25.

"The Supreme Court today found that Aereo is similar to cable companies and publicly performs copyrighted works when it re-transmits over-the-air signals to its customers," said University of Notre Dame law professor Mark McKenna.

Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Scott R. Bauries, Sheldon H. Nahmod, Paul M. Secunda, Joshua D. Branson

Law Faculty Advocacy

Amici curiae respectfully submit this brief in support of Petitioner, Edward Lane, encouraging the reversal of the judgment of the Eleventh Circuit, because the judgment below is inconsistent with both the Court’s general historical approach to public employee speech and the specific approach to such speech that the Court adopted in Garcetti v. Ceballos, 547 U.S. 410 (2006).

Amici are law professors who teach and write about the constitutional rights of public employees and have published a number of scholarly articles on these topics. Amici have no financial stake in the outcome of this case, and in this brief …

Procedural Predictability And The Employer As Litigator: The Supreme Court’S 2012-2013 Term, Scott R. Bauries

Law Faculty Scholarly Articles

In this contribution to the University of Louisville Law Review’s Annual Carl A. Warns Labor and Employment Institute issue, I examine the Supreme Court’s labor and employment-related decisions from the October Term 2012 (OT 2012). I argue that the Court’s decisions assisted employers as litigators—as repeat players in the employment dispute resolution system—in two ways. First, the Court established simple contract drafting strategies that employers may use to limit their exposure to employment claims. Second, the Court adopted bright-line interpretations of employment statutes. Both forms of assistance served a formalist interest in what I term “procedural predictability”—enhanced employer predictability and …

The Right To Vote Under State Constitutions, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is "fundamental," the "essence of a democratic society," and "preservative of all rights." But courts and scholars are still searching for a solution to the puzzle of how best to protect voting rights, especially because the U.S. Supreme Court has underenforced the right to vote. The answer, however, is right in front of us: state constitutions. Virtually every state constitution includes direct, explicit language granting the right to vote, as contrasted with the U.S. Constitution, which …

Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

All Faculty Scholarship

The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …

Discretion In Class Certification, Tobias Barrington Wolff

All Faculty Scholarship

A district court has broad discretion in deciding whether a suit may be maintained as a class action. Variations on this phrase populate the class action jurisprudence of the federal courts. The power of the federal courts to exercise discretion when deciding whether to permit a suit to proceed as a class action has long been treated as an elemental component of a representative proceeding. It is therefore cause for surprise that there is no broad consensus regarding the nature and definition of this judicial discretion in the certification process. The federal courts have not coalesced around a clear or …

Keeping Up With New Legal Titles, Tina M. Brooks

Law Faculty Scholarly Articles

In this book review, Tina M. Brooks discusses The Puzzle of Unanimity: Consensus on the United States Supreme Court by Pamela C. Corley, Amy Steigerwalt, and Artemus Ward.