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Ndls Communicator: Week Of 01.21.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Special Education Law Clinic launched to support families of children with disabilities
• Rev. Patrick E. Reidy, C.S.C., and Nell Jessup Newton receive AALS Section Awards
• Jack Ferguson '24 J.D. awarded the 2024 Brown Award for Excellence in Legal Writing

Faculty News and Briefs

• Nicole Garnett and John Meiser were quoted in The Observer about their continued legal support for St. Isidore of Seville Catholic Virtual School in Oklahoma.
• The Lindsay and Matt Moroun Religious Liberty Clinic was also mentioned in Baptist Standard about the Perez v. City of San Antonio case.
• Jimmy Gurulé was quoted in an …

Brief Of Law Professors As Amici Curiae In Support Of Respondent, Ira P. Robbins

Amicus Briefs & Court Filings

INTRODUCTION AND SUMMARY OF ARGUMENT: "The right to trial by jury is 'of such importance and occupies so firm a place in our history and jurisprudence that any seeming curtailment of the right' has always been and 'should be scrutinized with the utmost care." SEC v. Jarkesy, 144 S. Ct. 2117, 2128 (2024) (quoting Dimick v. Schiedt, 293 U.S. 474, 486 (1935)). The Seventh Amendment reflects and enshrines that tradition, providing that in "[s]uits at common law ... the right of trial by jury shall be preserved." U.S. Const. amend. VII (quoting Dimick; see also City of …

Double Standards? A Comparative Analysis Of Eu And Us Refugee Policies, Jensen Bee

Cardozo International & Comparative Law Review (CICLR) Blog

The disparity in treatment between Ukrainian and Syrian refugees has raised important questions about the consistency and fairness of international refugee protection frameworks. While both the European Union (EU) and United States have established comprehensive legal mechanisms for processing asylum seekers, their practical application reveals concerning inconsistencies in how different refugee populations are treated. This analysis examines these disparities and their implications for international refugee law.

This post was originally published on the Cardozo International & Comparative Law Review on January 21, 2025. The original post can be accessed via the Archived Link button above.

State Obligations To Prevent Torture, Madeline Cohen

Cardozo International & Comparative Law Review (CICLR) Blog

The right to be free from torture is firmly recognized in international law. Freedom from torture has been enshrined in many foundational United Nations (U.N.) documents since it was founded in 1945. In 1948, The United Nations Declaration of Human Rights (UNDHR) was approved by the U.N. General Assembly. Article 5 of UNDHR states that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” All 193 member-states of the U.N. have pledged to comply with this obligation.

This post was originally published on the Cardozo International & Comparative Law Review on January 21, …

Cross-Border Patent Enforcement: Navigating The Evolving International Landscape, Yena Hong

Cardozo International & Comparative Law Review (CICLR) Blog

In our increasingly interconnected world, the enforcement of patent rights across international borders has become a critical issue for innovators, businesses, and legal professionals. Recent developments in global patent law and patent enforcement mechanisms highlight the ongoing challenges and emerging strategies in this complex field. This article examines the current state of cross-border patent enforcement, focusing on key challenges, recent initiatives, and future trends.

This post was originally published on the Cardozo International & Comparative Law Review on January 21, 2025. The original post can be accessed via the Archived Link button above.

Brief Of Law Professors As Amici Curiae In Support Of Respondent, Betsy Ginsberg

Amicus Briefs

Amici are professors of law who have studied, taught, and written about prisoner litigation and about rights to jury trials. They submit this brief to share their views, based on that experience, on the proper interpretation of the Prison Litigation Reform Act) in light of the important jury trial rights at stake and the practical realities of prisoner litigation.

Optimising The National Strategy For Progressive Employment Absorption To Ensure The Rights And Responsibilities Of Citizens In Indonesia, Rizda Ardyati, Afridah Ikrimah

Jurnal Civics: Media Kajian Kewarganegaraan

Indonesia is experiencing a demographic transition phenomenon. This can be seen from the results of the 2010 population census, which showed a positive trend in the productive age population, namely 15-64 years. In that year, the proportion reached 66% of the total population. The potential growth of Indonesia's productive population can be an engine of sustainable economic growth or a source of social conflict between classes in the future, if the government cannot handle this potential, it will become a problem related to fulfilling the rights of citizens to get decent work, because instead of being absorbed into the workforce, …

Vol. 68, No. 02 (January 20, 2025)

Indiana Law Annotated

No abstract provided.

Three Implications Of Moore., Reuven S. Avi-Yonah

Articles

In his majority opinion in Moore, Justice Brett Kavanaugh listed several provisions of the code that could be subject to a constitutional challenge if realization were a constitutional requirement, as suggested by Justices Amy Coney Barrett, Samuel A. Alito Jr., Clarence Thomas, and Neil M. Gorsuch. Kavanaugh wrote: In short, the Moores cannot meaningfully distinguish the [mandatory repatriation tax] from similar taxes such as taxes on partnerships, on S corporations, and on subpart F income. The upshot is that the Moores’ argument, taken to its logical conclusion, could render vast swaths of the Internal Revenue Code unconstitutional. See, e.g., 26 …

Mmu: 01/20/25–01/26/25, Student Bar Association

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A Battle Among Sovereigns: Partnering Federal Exhaustion And Infringement Principles To Safeguard Tribal Court Jurisdiction Over Labor And Employment Disputes, Cody T. Preston

Arkansas Law Review

Since the shift in federal policy starting in the late 1960s towards Indian self-determination and self-government, Indian tribes have leveraged federal support to enter into a broad variety of commercial activities to fund their governments and community programs. Despite some of the earliest iterations of the policy of self-determination being a call to “break decisively with the past and to create the conditions for a new era in which the Indian future is determined by Indian acts and Indian decisions” and to uphold promises to provide tribes with “a standard of living comparable to that of other Americans,” tribes have …

The Fathers Have Eaten Sour Grapes: History Is The Wrong Test For Establishment Clause Questions In Public Schools, Abigail Riddle

Arkansas Law Review

The old quip goes, “As long as there are math tests, students will pray in the schools.” There is, however, a distinction between private and public prayers; the former allows religious students to find peace and comfort in a moment of anxiety, and the latter openly divides the religious majority from the religious and nonreligious minority, ostracizing the minority and exacerbating their nerves. This Note examines the constitutionality of religious exercises initiated by public school faculty and staff at public education’s founding, arguing that the special considerations present when considering prayer in these contexts are too important to be limited …

Infiltrating The Black Box: Expanding The No-Impeachment Rule To Protect Defendants From Pervasive Juror Bias, Jordan Whitfield

Arkansas Law Review

In the United States, a criminal defendant is entitled to “a fair trial but not a perfect one, for there are no perfect trials.” However, defendants are also guaranteed the right to an impartial jury. While perfection within a jury is “an untenable goal,” a system that allows for juror bias during deliberations to go undetected threatens a defendant’s most crucial constitutional rights. Thus, when juror bias threatens to interfere with a defendant’s rights to a fair trial and impartial jury, there is a prevalent need for the judicial system to step in and mitigate the effects of juror bias. …

Decriminalizing Disease: A Health Justice Approach To Infectious Diseases And Criminal Law, Sean E. Bland

Arkansas Law Review

Infectious diseases, also called communicable diseases, are largely a public health issue and should not be criminalized. This Article seeks to re-frame the discussion around the legal framework for infectious diseases in a way that moves beyond a punishment mindset and toward a health justice mindset. The focus in this Article is on health justice rather than traditional understandings of public health, defined as the science and practice of improving the health of people and their communities. The Article makes three novel contributions. First, it applies a health justice framework to the critique of infectious disease criminalization. Second, the Article …

Partisan Judges, Steve Leben

Arkansas Law Review

This article argues that both Republicans and Democrats should look for judges who have intellectual humility and an ability to work with others—even as both parties also look for judges who are generally likely to advance positions favored by them. Part I explores the divergence between the public’s perception that the political views of judges matter and the insistence by most judges that they do not. Ample evidence supports the public’s view, and for judges to be trusted authorities, they should admit this truth. Part II suggests that even after recognizing that political views matter, both political parties (and others …

The Forgotten Fundamental Right To Free Movement, Noah Smith-Drelich

Northwestern University Law Review

There is a powerful fundamental right hiding in plain sight: the fundamental right to free movement. This right goes beyond the consistently acknowledged—though infrequently applied—fundamental right to interstate travel. The true scope of the Constitution’s protection of movement through substantive due process safeguards local, interstate, and international travel. Though overlooked today, the fundamental right to free movement has deep roots in history and tradition, and in the decisions of numerous state and federal courts, including the Supreme Court.

This Article is the first to examine freedom of movement using the history and tradition test for unenumerated fundamental rights. This Article …

Taking Back Control: Using The Takings Clause To Hold Animal Agriculture Responsible For Its Waste Problem, Rowan Aragon

Northwestern University Law Review

Between the mid-twentieth century and modern day, the animal-agriculture model has shifted from small farms to industrial operations. During that evolution, the negative externalities of animal-farming practices have intensified. One of those externalities—animal waste—has become particularly problematic. Because of the sheer number of animals raised in the United States for slaughter and dairy production, the magnitude of animal waste produced is overwhelming. To deal with this problem, animal farmers often liquefy the animal waste and then spray it onto open fields. In that spraying process, liquefied animal waste carries through the air and reaches nearby homes, coating those properties with …

The Healing Power Of Antitrust, Theodosia Stavroulaki

Northwestern University Law Review

Millions of Americans live in hospital deserts—communities where people lack geographic access to hospitals and primary care physicians. People living in these deserts often miss doctor appointments, delay necessary care, and stop adhering to their treatment. In this way, hospital deserts exacerbate the health disparities plaguing America. This Article demonstrates that hospital deserts are not inevitable but the result of several business strategies—including noncompete agreements and merging with competitors—and antitrust enforcers’ unwillingness to recognize these harmful practices as antitrust violations. To cure the issue of hospital deserts, this Article makes three proposals. First, antitrust enforcers and the courts should expand …

Do Ais Dream Of Electric Boards?, Robert J. Rhee

Northwestern University Law Review

When artificial intelligence (AI) acquires self-awareness, agency, and unique intelligence, it will attain ontological personhood. Management of firms by AI would be technologically and economically feasible. The law could confer upon AI the status of legal personhood, as it did upon traditional business firms in the past, thus dispensing with the need for inserting AI as property within the legal boundary of a firm. As a separate and distinct entity, AI could function independently as a manager in the way that legal or natural persons do today: i.e., AI as director, officer, partner, member, or manager. Such a future is …

Peeping Town: Drone Surveillance And The Exclusionary Rule In Long Lake Township V. Maxon, Stuart Massa

Northwestern University Law Review

For years, legal commentators have pondered the effect of the Fourth Amendment on drones, but purely as an academic exercise. No court had ever considered drone surveillance under the Fourth Amendment––until now. In Long Lake Township v. Maxon, a northern Michigan township flew a drone over a local resident’s home to gather photographic evidence of an alleged zoning violation. Relying on that evidence, the township sued to enforce its zoning ordinance. The resident moved to suppress the evidence, arguing that the drone’s warrantless surveillance violated the Fourth Amendment. The case made it all the way up to the Michigan …

Louboutin Lawfare: Exploring Conceptions Of Sanctions' Utility Through Export Controls On Luxury Goods, Vinita R. Singh

Northwestern University Law Review

There is widespread consensus amongst scholars that sanctions—the deliberate withdrawal of customary trade and financial relations—do not work. Despite this perception, states are deploying sanctions at an increasing rate. This Article explains this paradox by arguing the predominant notion of sanctions’ utility employed by scholars is unduly constrained, narrowly focusing on the ability of such measures to modify the behavior of sanctioned parties while disregarding the alternative benefits this instrument can deliver. To support this argument, this Article uses export controls on luxury goods deployed in connection with the Russo–Ukraine War as a case study. Under prevailing perceptions of sanctions’ …

Enhancing Citizen Capacity Through Optimising Village-Owned Enterprises (Bumdes) Role In Strengthening Community Participation For Sustainable Development, Supandi Supandi, Saliman Saliman

Jurnal Civics: Media Kajian Kewarganegaraan

Sustainable development at the local level necessitates active community participation, bolstered by educational innovation and the optimisation of empowering institutions such as Village-Owned Enterprises (BUMDes). This research investigates the impact of the Social Studies Outdoor Laboratory and BUMDes on development in the Bokoharjo, Prambanan, Sleman Regency. Specifically, the study examines three key areas: (1) the influence of the Social Studies Outdoor Laboratory on development, (2) the role of BUMDes in facilitating development, and (3) the collaborative effect between the Social Studies Outdoor Laboratory and BUMDes on regional growth. A quantitative approach was employed, sampling nine individuals from Bokoharjo Village from …

Cardozo Law News Brief: January 17, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 17, 2025 Cardozo Law News Brief include:

• Professor Saurabh Vishnubhakat spoke to Law360, USA Today, The Verge, Politico, and ABC News about legal challenges surrounding the U.S. TikTok ban.

• Professor David Rudenstine published an op-ed in The Hill urging the Supreme Court to adopt a formal code of ethics.

• Professor Matthew Wansley was quoted in The Washington Post on privacy concerns related to Elon Musk's involvement in a Cybertruck explosion investigation.

• Assistant Professor Emmanuel Hiram Arnaud’s article “Colonizing by Contract” was published in the Columbia Law Review.

Massachusetts Community Mediation Center Grant Program Fiscal Year 2024 Report And Evaluation, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

In FY2024, the Commonwealth allocated $3,213,465 to the CMC Grant Program, supplemented by $149,674 carried over from FY2023, for a total of $3,363,139. Of the total funding, $2,542,100 (76%) was awarded to Centers in grants and technical assistance, with Centers leveraging these funds to secure an additional $2,199,813 from private foundations and other state, local, and federal sponsors. These grants supported Centers’ participation in CMC Grant Program related statewide programs, including the Housing Mediation Program (HMP), Reentry Mediation Program (ReMAp), Youth Conflict Resolution and Restorative Practices Program (Youth Program), and DEI organizational capacity-building initiatives. These grants bolstered staffing infrastructure, enabling …

Lawful And Helpful: Culley V. Marshall And The Question Of Sufficient Due Process In Civil Asset Forfeiture Proceedings, Wesley Vorberger

Liberty University Law Review

Civil asset forfeiture is commonplace in America, with ultimately billions of dollars seized by law enforcement annually. In Alabama, two distinct “innocent owners” challenged the constitutionality of the state’s civil asset forfeiture statutory scheme when their respective vehicles were seized. As the cases made their way through the federal courts, they were consolidated on appeal and ultimately brought before the U.S. Supreme Court. The consolidated case, Culley v. Marshall, specifically raised the narrow question of whether due process required a civil asset forfeiture action to hold a preliminary hearing at the threshold of the matter, akin to criminal proceedings. …

City Of Grants Pass V. Johnson: The Limits Of The Eighth Amendment’S Cruel And Unusual Punishments Clause, Erik W. Stanley

Liberty University Law Review

The case of City of Grants Pass v. Johnson arose against the backdrop of a rising homeless population not seen before and the struggles cities faced with addressing this rise in homelessness and the proliferation of homeless encampments in urban areas. The case presented the question whether the City of Grants Pass ordinances that prohibited the homeless from sleeping or camping outside constituted cruel and unusual punishment under the Eighth Amendment to the United States Constitution. Both the District Court and the Ninth Circuit Court of Appeals held that it did. The United States Supreme Court reversed, finding that the …

Who Can Stand? Murthy V. Missouri And Social Media Censorship, Natalie C. Rhoads

Liberty University Law Review

As the influence of social media proliferates, two things increase accordingly: government attempts to control it and the law’s attempt to provide a coherent framework. There are ongoing conversations both within and without the legal community about the extent to which individuals have a right against the social media companies to create or consume content. But the Court in Murthy v. Missouri had a chance to sidestep those questions and address whether individuals have a right against the government to curb its influence on those companies. This issue has the potential to be one of the most significant questions in …

The Modern-Day Green Book: How Discrimination Testers Under Title Iii Of The Ada Stand At The Intersection Of Justice And Jurisdiction To Light The Journey Ahead For Travelers With Disabilities And America Itself, Tory L. Lucas

Liberty University Law Review

For people with various types of disabilities, traveling throughout America is no easy task. Before embarking on a journey, they must ensure that they can find suitable lodging along the way that does not have impassible barriers that exclude them. Deborah Laufer is a discrimination tester with disabilities who ensures that places of public accommodation do not violate Title III of the Americans with Disabilities Act (ADA) or the Reservation Rule promulgated by the Civil Rights Division of the U.S. Department of Justice (DOJ). She has filed hundreds of federal civil rights lawsuits against hotels for not providing information on …

Fishing For Justice: The Legal And Moral Case For Loper Bright, Eric R. Bolinder

Liberty University Law Review

By overturning Chevron in Loper Bright, the Supreme Court came to the right conclusion, legally and morally. A textual reading of the Administrative Procedure Act requires courts to decide cases and controversies de novo, without deferring to any litigant. Just because a government agency is a party does not mean courts suddenly lose their ability to interpret statutes, even ones with challenging language. Many commentators argue the practical outcome of this decision will be limited and courts will simply reframe “deference” into “delegation.” I disagree. I think the impact of this case will be a sea-change for administrative law. …

Table Of Contents

Liberty University Law Review

No abstract provided.