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Nakomidizo: An Anishinaabe Law Response To Two-Hundred Years Of Johnson V. M'Intosh And The Doctrines Of Discovery And Implicit Divesture, Kekek Jason Stark

Faculty Law Review Articles

Responding to the history involved in the establishment and perpetuation of the doctrines of discovery and implicit divesture, this article critiques how federal Indian law has been developed to support the diminishment of tribal sovereignty through the perpetuation of historical assimilation policies. In response, this article will show that the diminishment of tribal sovereignty through the perpetuation of historical assimilation policies can be overcome with the effective implementation of tribal law principles. To counter the narrative of diminished sovereignty, I offer an understanding of the trust responsibility from an Anishinaabe law perspective. In particular, the revitalization of tribal law through …

Ndls Communicator: Week Of 08.19.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School launches Intellectual Property Externship led by alumna Jenna Tracy '19 J.D.
• ND Law’s Exoneration Justice Clinic receives generous gift to expand exoneree reentry services

Student News

• Notre Dame Law students gain experience through summer in-house legal work at major corporate firms
• The Supreme Court Historical Society announced that Dennis Wieboldt is the recipient of the 2024 Henry J. Abraham Early Career Research Grant. Wieboldt is a Richard and Peggy Notebaert Premier Fellow at the Graduate School and a Edward J. Murphy Fellow at the Law School.
• The Exoneration Justice Clinic was mentioned in …

An Accountant’S Case Against Merging The Accounting Major With Stem Education, Harvey Gilmore B.S., M.S., J.D., Ll.M (General Business), Ll.M. (Taxation)

Lincoln Memorial University Law Review Archive

As many of us know, “STEM” is the acronym for academic programs in Science, Technology, Engineering, and Math. Over the last couple of years, two House Resolutions have sought to adopt the accounting major into the STEM family: the Accounting STEM Pursuit Act of 2021, and the Accounting STEM Pursuit Act of 2023. The Senate has also introduced similar legislation, the STEM Education in Accounting Act of 2021.I was a practicing accountant for nearly ten years, with my area of specialization being in tax, which I have taught for nearly twenty-six years now. I also went to a STEM high …

The Attorney’S Guidebook To Handling Un And Oas Visas: Understanding The Us’ Obligation In Igo Visa Issuance, Nicolas Garon

Lincoln Memorial University Law Review Archive

The UN Headquarters Agreement, signed in 1947 between the United States and the United Nations, outlines many obligations for the U.S. as the host nation. Notably, it requires the U.S. Government to facilitate entry into the UN’s Headquarters District, which spans a 25-mile radius from Columbus Circle in New York. Consequently, the C-2 visa was created specifically to permit transit into the UN Headquarters District for qualified duties, without granting access to the rest of the United States.However, there is a significant lack of information and secondary resources on C-2 visas, as well as other visas and procedures for accessing …

The Problem That “Will Recur”: Sunny Handicraft V. Envision This! And The Problem Of Properly Classifying Foreign, Non-Corporate Business Entities, Nicholas G. Glover B.A.

Lincoln Memorial University Law Review Archive

Establishing subject-matter jurisdiction is an antecedent question in every case before every court. Classifying foreign, non-corporate business entities poses unique problems that have led to a decades-long circuit split. To classify these foreign entities, judges are left with two competing approaches: the “juridical entity approach” and the “features approach.”The juridical entity approach, championed by the Fifth and Ninth Circuit Courts of Appeal, holds that if a foreign business entity is classified as a juridical person under the laws of that foreign nation, then it will be determined as such in the American federal court system. As a juridical person, its …

The Road To Equity- Have Women Made Adequate Progress?, Renalia Dubose B.S, M.S., Ed. S., J.D.

Lincoln Memorial University Law Review Archive

The United States Department of Education, via The Improving America’s Schools Act of 1994, implemented national standards for measuring student achievement throughout the United States. For the first time, the federal government examined data regarding the progress of all students. The determination of adequate progress caused a national reckoning as the No Child Left Behind movement put the spotlight on data associated with a group of children who were previously hidden from public view, underachieving and underserved students. For the first time, the federal government gave clarity to a previously vague term, adequate progress. Women's rights advocacy has been at …

Releasing The Separation Of Church And State: The Constitutionality Of Released Time Programs In Public Education, Grace Keel Buchamam

Lincoln Memorial University Law Review Archive

In Knoxville, Tennessee, the Knox County Public School Board instituted a policy allowing high school students to earn academic credit for attending and completing religious released time programs off campus. These released time programs would be used to educate and guide students in religious and faith-based topics. Over the last decade we have seen a rise of these types of programs across the United States. With the recent Supreme Court case Kennedy v. Bremerton, the constitutional basis for released time programs established in Zorach could potentially be further expanded creating a deeper chasm between church and state.

“The Winner Takes It All:” The Public Use Doctrine’S Disparate Impact On Impoverished Communities In Natural Gas Production, Alana Siock

Lincoln Memorial University Law Review Archive

The interpretation of the public use doctrine in Takings jurisprudence has evolved on both the federal and state level, and this evolution has had a disparate impact on impoverished communities. This note proposes that the persistent poverty and economic decline plaguing northeastern Pennsylvania on the microcosmic level are a product of distributive injustice, which is exacerbated and perpetuated by the expansion of the Takings Clause’s public use doctrine. This note links these exacerbations to the continuance of the boom-and-bust economies set up in regions like northeastern Pennsylvania, finding that the Takings Clause, which was enshrined in the U.S. Constitution as …

Hudson Earns Community Leadership Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Empathetic. Driven. Supportive. Engaged.

Those are just a few of the many adjectives nominators used to describe Nashuba Hudson, the recipient of the 2024 Student Leadership in Fostering Community and Inclusiveness Award. Hudson, a 3L from Chicago, was presented the award today (Aug. 16) as part of the concluding events of this year’s 1L Orientation.

Established in 2018, the award, which comes with a $2,000 scholarship, celebrates a student who “goes above and beyond to foster our diverse, inclusive, supportive, and welcoming community.” Recipients are honored for their work in the previous year.

Hudson is the first Black woman to …

Role Overload And Perceived Stress In U.S. Police Officers: A Replication Study, Michelle A. Hanna Collins

Seton Hall University Dissertations and Theses (ETDs)

The current study sought to replicate a prior study (Duxbury & Halinski, 2018), conducted with Canadian police officers, to further explore the generalizability of their theoretical model of work- and family-role overload as sources of stress for male and female police officers in the United States. The Canadian study supported the proposed relationships between work-role overload, including four antecedents (Competing Demands, Outside Work of One’s Mandate, Non-supportive Culture, Employed Hours Worked), family-role overload (Dependent Care Hours), and police officer stress. A total of 357 United States law enforcement officers participated in the present study. A multivariate analysis was conducted utilizing …

First Amendment Imbalance: Kennedy V. Bremerton School District, Steven K. Green

Notre Dame Law Review Reflection

This Essay seeks to unpack the competing legal claims presented by a public-school employee engaging in religious expression in conjunction with their work duties and in the presence of students. The competing First Amendment issues are several: nonestablishment, free exercise, free speech (including the government-employee speech doctrine), and parental expressive rights. These various issues came to a head in 2022 in Kennedy v. Bremerton School District where a Court majority affirmed the right of a high school football coach to engage in demonstrative prayers on the football field at the conclusion of a game. In so holding, the majority prioritized …

Public Employees As A Reflection Of A Religiously Diverse Culture, Steven T. Collis

Notre Dame Law Review Reflection

For decades, scholars and jurists have debated over whether government violates the Establishment Clause when it endorses religion or if coercion is required. In Kennedy v. Bremerton School District, the Supreme Court put this argument to rest, at least as to public employees. It grounded its decision in some form of originalism. While that will be sufficient to satisfy some readers, others will want to be assured of the wisdom of the rule originalism demands. This Essay argues that a coercion test for the private religious exercise of public employees is appropriate for a pluralistic society.

It offers four …

Thoughts On The Architecture Of Freedom Of Religion And Freedom Of Speech, Perry Dane

Notre Dame Law Review Reflection

This symposium was convened to explore the rights of businesses and employees to invoke freedom of religion or freedom of expression to resist certain forms of state regulation. The most immediate occasions for that discussion, at least for my purposes, are cases such as 303 Creative LLC v. Elenis, in which the Supreme Court upheld the right of a website designer to refuse to design a wedding website for a same-sex couple. These sorts of cases, which pit the religious or expressive rights of conscientious believers against the equality rights of others, have proliferated in recent years.

I have …

Toxic Discretion: Environmental Inequality And The Discretionary Function Exception, Sarah E. Barritt

Notre Dame Law Review Reflection

Environmental racism is far reaching and insidious, and each of these devastating instances and the institutional factors that led to them could and should be the subject of entire books in their own right. The EPA and other agencies of the United States government are complicit in multiple ways, not least of all through their abject failures to properly regulate private industry pollution in BIPOC communities. However, this Note has cabined its analysis to the government’s failure to warn these communities of environmental contamination, and what happens when it hides behind the discretionary function exception in ensuing litigation. To provide …

Ordinary Conscience And Pretend Offenses: Protecting Those Left Out Of Title Vii After Groff, Robin Fretwell Wilson, Michael J. Petersen

Notre Dame Law Review Reflection

Part I reviews America’s foundational commitment to fairness and transparency by government, as well as the deep respect the Founders believed should be accorded to conscience specifically.

Part II applauds the unanimous decision in Groff to walk back the Supreme Court’s grievous error in Trans World Airlines, Inc. v. Hardison. We canvas illustrative cases pre-Groff in which employees, notwithstanding Hardison’s “de minimis” burden standard, proceeded to trial, and instances in which employees did not. We also illustrate how, post-Groff, employees are, rightfully, having an easier time getting to trial.

Even as Groff makes actual Title …

Cleaning The Mess Of 303 Creative V. Elenis, Netta Barak-Corren

Notre Dame Law Review Reflection

No piece of academic writing can clean, by itself, the mess left by 303 Creative v. Elenis. Only the Court can. This symposium piece can only offer analytical clarity on 303 Creative, which can help to understand and organize the mess. I will proceed to do so in three steps. First, I point out the glaring omissions of the Court’s opinion and criticize the dangerous consequences of the Court’s inexplicable approach. Second, I discuss the inconsistency of the dissent and the truth it reveals about the unviability of its sweeping position. Finally, I argue that the only way …

Resolving Land Use Conflicts Without Zoning, Noah Austin

Notre Dame Law Review Reflection

This Note presumes the rise of mixed-use development, upzoning, and other deregulatory zoning schemes. It sets aside the question of whether the costs of exclusionary zoning outweigh its benefits to society. And it characterizes the return-of-nuisance problem as something to be mitigated while pursuing land use deregulation, not as a cause for slowing that deregulation.

To this end, this Note offers three possible solutions towards mitigating conflicts between competing land uses in deregulated regimes. This Note contends that where today’s deregulated developments do generate conflicts between conflicting use types, society would reap net benefit by weakening judicial protection of nuisance …

Black Women And Maternal Health: Racism, Class And The New Jim Crow, Michelle García

Health Law Outlook

No abstract provided.

A Fraud Filled “Fork In The Road?”: Preserving Benefits Of Telehealth Despite Fraud Risks Through Appropriate Preventative Measures, Matthew S. Andrade

Health Law Outlook

No abstract provided.

Is Defensive Medicine Increasing Or Decreasing Risk Of Lawsuits, Alec Mais

Health Law Outlook

No abstract provided.

Scope Of Exclusivity Under The Orphan Drug Act After Catalyst, Cindy Dang

Health Law Outlook

No abstract provided.

A Call To Action: The Need For Uniform Healthcare Standards For Incarcerated Pregnant Women In U.S. Jails & Prisons, Victoria K. Mastrofilippo

Health Law Outlook

No abstract provided.

Cannabis And Psilocybin: Insurance Reimbursement, Legalization, And Rescheduling, Elena Markos

Health Law Outlook

No abstract provided.

Farm Animal To Animal Farm: The Legal Implications To Human-Pig Chimeras And Xenotransplantation, Nicholas A. Schwarz

Health Law Outlook

No abstract provided.

Table Of Contents - Volume 14, Issue 1 2024

Health Law Outlook

No abstract provided.

The Expansion Of Medically Assisted Dying In Canada: Reforming U.S. Policy To Follow Maid, Caitlin Collins

Health Law Outlook

No abstract provided.

Jeremy Store Petitioner/ Appellant V. Utah Labor Commission And Nakeishia Poulton, Respondents/Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal for Petition for Review from the Utah Labor Commission Admin. Case No. 8-07-0448

Brian Jackson, Attorney for Appellee Nakeishia Poulton

Debra Jean Ream, Appellant V. Jacob Ream, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal taken from two orders entered by the Honorable Judge Derek P. Pullan in the Fourth Judicial District Court of Utah County, Case Number 230400484 on August 24, 2023 and March 29, 2024.

Asa E. Kelley, Vanessa A. Vietz, Attorneys for Appellee

Revisiting The Conceptual Terrains Of The Right To Accessibility In India: The Role Of Judicial Enforcement, Sanjay Jain, Malika Jain

Articles

The main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part of the Inclusive Public Space Project, as well as judicial pronouncements, and the norms evolved by India as a party to the United Nations Convention on the Rights of Persons with Disabilities. In this paper, we briefly set out competing conceptions of accessibility and evaluate the constitutional and statutory manifestations of the principle of accessibility. Further, the …

Drawing The Line: How The Lower Courts Must Adapt To Using Non-Retroactive Changes In Law When Granting Sentence Reductions In Light Of Amended Guidelines, Sophia M. Liechty

Helms School of Government Undergraduate Law Review

The United States Courts of Appeals have been divided on whether non-retroactive amendments can be used to reduce an inmate’s sentence under United States Sentencing Guidelines § 1B1.13 in light of the First Step Act. Before the United States Supreme Court’s intervention, the Sentencing Commission acted to amend the First Step Act, clarifying that a nonretroactive change in law may be used as an extraordinary and compelling reason for sentence reduction when the sentence is “unusually long.” The lower federal courts have begun to implement this amendment when granting sentence reductions. However, with these amended guidelines, ambiguity remains regarding how …