Law Commons^™

2024 Notre Dame Religious Liberty Summit: Dean G. Marcus Cole’S Welcome Remarks, G. Marcus Cole

2019–Present: G. Marcus Cole

Marcus Cole, Dean of Notre Dame Law School, welcomes participants to the University of Notre Dame, for the fourth annual Notre Dame Religious Liberty Summit.

2024 Notre Dame Religious Liberty Summit: Dean G. Marcus Cole’S Remarks At Gala & Award Dinner, G. Marcus Cole

2019–Present: G. Marcus Cole

The Notre Dame Law School Religious Liberty Initiative’s fourth annual Notre Dame Religious Liberty Summit culminated on Wednesday, July 10 with its Religious Liberty Gala and Awards Dinner and Dedication of the Lindsay and Matt Moroun Religious Liberty Clinic in Notre Dame’s Dahnke Ballroom.

Sotomayor Cites Maurer Faculty Member In Scotus’ Decline To Hear Alabama Bite Mark Case, James Owsley Boyd

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

The case of an Alabama man convicted of murdering his wife in 1985 will not be reviewed by the U.S. Supreme Court, despite evidence that, nearly 40 years later, has been “wholly discredited.”

The Supreme Court denied certiorari in the case of McCrory v. Alabama, but Justice Sonia Sotomayor cited research from Indiana University Maurer School of Law Professor Valena Beety in her concurring agreement with the court’s decision.

Charles M. McCrory was convicted for the murder of his wife, Julie Bonds, based in large part on expert testimony from an odontologist who matched McCrory’s teeth to two bite marks …

Masthead, Table Of Contents & Introduction, Genevieve Renard Painter, Liam Mchugh-Russell

Dalhousie Law Journal

The short reflections in this Dalhousie Law Journal symposium, “Thinking With and Against Pierre Schlag,” run in many directions. Somewhere in these pages, readers will find knowledge, provocation, distraction, and humour. Above all, though, the collection brings together five legal scholars to celebrate Pierre’s oeuvre, reflect on the ways it has inspired their own work, and examine how Pierre’s scholarship embodies the limits that it was pushing against. Pierre has graciously provided a response to round out the issue and set us all straight.

Esther Reid V. Rebath, L.C. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County Honorable Christine Johnson, District Court No. 1200400795

Sean Nobmann Attorney for Plaintiffs/Appellants

S. Spencer Brown (13157) STRONG AND HANNI Attorneys for Defendant/Appellee

The Judicial Humorist (Ed. William L. Prosser, 1952), George John Miller

Florida Law Review

No abstract provided.

Filling The Red State Federal Judicial Vacancies, Carl Tobias

Texas A&M Law Review

District vacancies without nominees that plague red jurisdictions deserve emphasis in this Essay for several reasons. First, there are myriad district court jurists who trigger greater numbers of empty posts when they assume senior status, retire, or die, which triggers more issues. Legislators have created 677 active trial court positions, which dwarf the 179 active court of appeals judicial posts. The trial courts are tribunals of last resort for most cases; their numerous jurists are the only court members that many litigants encounter, and significantly more district court openings lack nominees. In contrast, appellate courts explicitly articulate considerable policy, include …

Atrocity Prevention In The Digital Era: Adapting Norms, Laws, And Code To Changes In The Ways Atrocities Are Committed, David J. Simon, Samhitha Josyula, Joshua Lam, Julian D. Melendi

Genocide Studies and Prevention: An International Journal

Emerging digital technologies have changed some of the ways that genocides are planned and executed. This paper examines those differences, calling attention to how changes in the execution of genocide should prompt a shift in the approaches to atrocity prevention. It develops a conceptual framework addressing how atrocity prevention efforts might adapt to new technology within three realms of potential prevention efforts: the ethical (norms), the legal (laws), and the digital (code).

The Behaviour Of Dominant Firms And The Principle Of Equal Opportunities: Lessons From The Sen Antitrust Saga Case Comment To The Servizio Elettrico Nazionale Judgment Of The Court Of Justice Of 12 May 2022, Case C-377/20, Laura Zoboli

Yearbook of Antitrust and Regulatory Studies

This commentary concerns the Servizio Elettrico Nazionale (SEN) case that stems from the conduct of an incumbent operator – Enel S.p.A. – called upon to confront the liberalization process of the Italian electricity market. In particular, the former legal monopolist allegedly worked to consolidate its dominant position in the electricity production market, by denying its rivals access to a resource that would have been non-replicable and of strategic importance to compete in the liberalized electricity distribution market. This ruling is of fundamental importance as the Court of Justice discusses therein the objectives of antitrust law and the notion of exclusionary …

Ioannis Lianos, Alexey Ivanov, Dennis Davis (Ed.), Global Food Value Chains And Competition Law, Cambridge University Press 2022, 642 P., Magdalena Knapp

Yearbook of Antitrust and Regulatory Studies

Book review of "Global Food Value Chains and Competition Law" by Ioannis Lianos, Alexey Ivanov & Dennis Davis (eds.).

The Court Of Justice Kicks Around The Dichotomy Between Data Protection And Competition Law Case Comment Of The Preliminary Ruling In Case C-252/21 Meta Platforms V. Bundeskartellamt, Alba Ribera Martínez

Yearbook of Antitrust and Regulatory Studies

Data protection and competition law have been at a crossroads in terms of their integration. Antitrust authorities as well as data protection supervisory authorities have grappled with the question of whether both fields of law should be combined into the same analysis. The German competition authority, the Bundeskartellamt, was the first to fuse them in its landmark case against Facebook’s data processing terms and conditions. The exploitative theory of harm put forward by the German NCA is the first of its kind to integrate data protection considerations into the antitrust analysis, namely by drawing a line between an infringement with …

Emerging Clean Energy Choices In Canada’S Net-Zero 2050 Transition: The Role Of Nuclear In The Low Carbon And Clean Hydrogen Context, Rudiger Tscherning, Jesse Dias

Yearbook of Antitrust and Regulatory Studies

The paper argues that nuclear energy could play a significant role in decarbonizing the production of low carbon hydrogen from natural gas feedstock with associated carbon storage, as part of a wider shift towards ‘net-zero’ in Canada’s natural resources value chain. It examines regulatory readiness for small modular reactors in the oil, gas, and low-carbon energy sector of Canada’s energy jurisdiction, and calls for the speedy design and development of a single ‘go-to’ regulatory framework for nuclear energy in Alberta.

Résumé
L’article soutient que l’énergie nucléaire pourrait jouer un rôle important dans la décarbonisation de la production d’hydrogène décarboné à …

Eu Energy Solidarity As A Way Of Implementing Just Transition In Energy Policy, Robert Zajdler

Yearbook of Antitrust and Regulatory Studies

The principle of EU energy solidarity, regulated by Article 194 of the Lisbon Treaty, has created a new dimension of energy sector developments. Initially, it was treated as an abstract, purely political concept with no particular normative significance. However, the CJEU judgment in the OPAL case established energy solidarity as a principle of EU law, deriving, inter alia, from the principle of justice. The concept of just transition, based on the same foundations of justice, creates directions for socio-economic transformation based on a sustainable and low-carbon economy. Energy solidarity is, in fact, a way of implementing the assumptions and directions …

The Road To Energy Justice As A Result Of Interdisciplinary Cooperation In The Energy Policy Field, Michał Domagała, Katarzyna Maćkowska

Yearbook of Antitrust and Regulatory Studies

This article pertains to the role of law in regulating the energy market. Justice and solidarity in this area require a debate that should not be fragmented but must, instead, take place in an interdisciplinary manner. The key question that arises relates to the role that the law should play in the area of energy transformation, and thus, whether it should only be a tool for the implementation of political plans and action strategies, or whether it should, in itself, stimulate or determine the transition framework, or be a regulator of transformation. The article tackles selected problems related to Demand …

Online Intermediaries And Sustainable Market Regulation – A Smart Mix Of Liability And Exemptions, Katarzyna Klafkowska-Waśniowska, Katja Weckström

Yearbook of Antitrust and Regulatory Studies

The Commission has advanced sustainable and responsible behaviour of business operators in the digital environment since the adoption of the Strategy for the Digital Single Market of 2015. The question remains, how can we reach the normative goal of ensuring a safe, secure and fair online environment, where fundamental rights are protected, and responsibilities of platforms, especially large players and gatekeepers, are well defined? A “smart mix” of mandatory and voluntary rules, in combination with industry self regulation, is applied to address business and fundamental rights. This paper asks how the Digital Services Act (DSA) answers the call for sustainable …

The Dangers Of Terrorist Organizations Using Deepfakes And Ways To Confront, Mohammad Bedeir

Journal of Police and Legal Sciences

Societal reliance on digital data and cyber technology has increased, and an amazing boom in the field of artificial intelligence technologies has occurred in recent years, resulting in the rapid integration of artificial intelligence into daily life, through smart devices and smart cities, and although this has many advantages, as it is used in the entertainment and media industries, it also represents an increasing vulnerability to cyberattacks, which may manifest itself in deepfake attacks.

The researcher relied on the descriptive analytical approach, with the aim of describing the phenomenon under research, studying it from its various dimensions and aspects, and …

Criminal Confrontation Of The Crime Committed Via An Automated Robot In Libyan And Emirati Law, . Mashaallah Alzwae

Journal of Police and Legal Sciences

Today's world is witnessing an important development in telecommunications, information technology and computers that has resulted in what are known as automated robots as one of the most important applications of artificial intelligence and has increased reliance on them in various areas of life for the importance of the services they provide to humanity. However, such robots may be used to commit an offence and the study therefore aims to determine the effectiveness of legal texts in the face of the offence from which they may occur. The study required an analytical and comparative approach by analysing and comparing the …

Bodies On The Line: An Analysis Of Incarceration And Assassination And Their Role In Civil Rights Movements, Courtney Mason

Richmond Public Interest Law Review

The history of American civil rights is understood largely through the context of various mass movements. Most famously, the Civil Rights Movement of the 1950s and 1960s was a remarkable representation of collective action. The success of that movement becomes even more significant when considering the realities of life for Black Americans at the time. In the spirit of those movements, the 2010s and 2020s have brought about modern movements that continue to push against discrimination toward Black Americans and push for progress in the legal system. The movements each were and are met with opposition. This article focuses on …

Should Large Corporate Mergers Be Subsidized?, Reuven S. Avi-Yonah

Articles

On March 21 Sens. Sheldon Whitehouse, DR. I., and J.D. Vance, R-Ohio, introduced the Stop Subsidizing Giant Mergers Act. They explained that large mergers have been increasing in recent years and that since 2007, up to 40 percent by value of all mergers have been structured as tax free. They argue that the tax breaks to mergers are a “wasteful subsidy.”

“Their Futures, So Full Of Dread”: How Barefoot’S Contamination Of The Death Penalty Trial Process Continues, Michael L. Perlin, Talia Harmon, Maren Geiger, Moana Houde-Camirand

Richmond Public Interest Law Review

Forty years ago, in its most roundly-criticized criminal procedure decision in modern history, the Supreme Court of the United States, in Barefoot v. Estelle (463 U.S. 880 (1983))—a decision premised on testimony by the responses to a hypothetical of a witness who had never directly evaluated the defendant—ruled that such testimony as to future dangerousness (testimony that had concluded there was a “100% chance” the defendant would commit more crimes if released into society) was permissible. Over a stinging dissent by Justice Blackmun, the Supreme Court ruled in Barefoot that it was not constitutional error for psychiatrists to testify that …

Stopping The Cycle Of Abuse Before It Starts: An Evaluation Of Virginia’S Domestic Violence Primary Prevention Model In Schools, Amanda Palini

Richmond Public Interest Law Review

In 1994 the United States was faced with a domestic violence epidemic that led Congress to pass the Violence Against Women Act (VAWA). The Act was passed to respond to the needs of victims, particularly women, who are at the highest risk of victimization in crimes such as domestic violence and sexual assault. While domestic violence has been recognized as an important public health problem, most services provided are focused on after-the-fact interventions rather than prevention.

Many states, including Virginia, have since created domestic violence prevention programs, added preventative requirements to their state code, and tasked their respective Departments of …

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

Letter From The Editor, Courtney Squires

Richmond Public Interest Law Review

No abstract provided.

Free To Learn: Protecting Muslim Students In Public Schools, Case Precedent And Social Theory In The Fight To Protect Their Rights, Harold Hinds

Richmond Public Interest Law Review

In the aftermath of 9/11, anti-Muslim American sentiments surged. With social tensions escalating as a result of the ongoing Israel-Gaza war and, what many feel is xenophobic rhetoric from high profile political figures, discrimination against Muslim Americans has further grown. Muslim youth in this country have experienced acute discrimination that has the potential to make school an uncomfortable and hostile place. This article explains the different ways in which Muslim American students experience discrimination and provides a roadmap for how administrators, activists, attorneys, and advocates can use the long and storied history of American civil rights litigation to protect the …

Agricultural Labor Trafficking In The U.S.: An Exchange Network Analysis, Gary J. Kowaluk

Richmond Public Interest Law Review

Labor trafficking occurs when individuals are forced to work by force, fraud, or coercion. In the United States, agricultural labor trafficking is both widespread and underreported. It is often carried out by farm labor subcontractors, who conduct the labor trafficking on behalf of U.S. companies. Labor trafficking in U.S. agriculture continues year after year, as trafficked immigrant workers fear being further punished if they attempt to redress their workplace grievances. The H-2A visa system is designed to protect workers from labor trafficking abuses, but the system is ineffective and in need of reform. To learn more about agricultural labor trafficking …

From Community Science To Community Justice: Protecting Data Usability In Community Air Quality Monitoring Networks, Marley Manjarrez

Richmond Public Interest Law Review

Community science holds significant promise for empowering communities to address air quality disparities and advocate for policy change. However, the usability and legal defensibility of community-collected data pose significant challenges. This article argues that with the help of low-cost tools such as air quality monitors, community members can take an active role in combating the disproportionate distribution of air pollutants hidden by our current regulatory scheme. By examining the regulatory frameworks under the Clean Air Act and opportunities for procedural justice at federal, state, and local levels, the article identifies pathways for incorporating community-collected data into air quality regulation and …

Ndls Communicator: Week Of 07.08.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School grants tenure to two professors
• Notre Dame Law School announces Class of 2024 Top Academic Awards
• Notre Dame Law School’s Global Human Rights Clinic Helps Free Imprisoned Ukrainian Priests from Russian Captivity
• Notre Dame Law School announces significant expansion of Loan Repayment Assistance Program
• Notre Dame Law School Eviction Clinic gives students hands-on experience representing families facing eviction in St. Joseph County
• From Nairobi to Notre Dame: Strathmore Law School students pursue internships at ND Law's Exoneration Justice Clinic
• St. Catherine’s Circle Advances Catholic Legal Education in Central & Eastern Europe
• International Jurist …

Energy Communities In Eu Energy Regulation, Jakub M. Kmieć

Yearbook of Antitrust and Regulatory Studies

EU Directives included in the ‘Clean Energy for All Europeans’ package introduced Renewable Energy Communities ECs (RECs) and Citizen ECs (CECs) into the legal framework, sharing commonalities, but with distinctions. The aim of this paper is to examine whether EU law provides for a single model of ECs or, in fact, two distinct models, and to characterize ECs as new participants in the energy market. The publication focuses on the field of legal studies and includes a literature review, an interpretation of EU provisions defining ECs, a characterization of ECs as new market participants, and a case study. The paper …

Bunching In Real-Estate Markets: Regulated Building Heights In New York City, Jan K. Brueckner, David Leather, Michael Zerecero

Business Faculty Articles and Research

This paper presents a real-estate application of the bunching methodology widely used in other areas of applied microeconomics. The focus is on regulated building heights in New York City, where developers can exceed a parcel’s regulated height by incurring additional costs. Using the bunching methodology, we estimate the magnitude of these extra costs, with the results showing a modest increase in the marginal cost of floor space beyond the regulated building height. We use these estimates to predict the additional floor space that would be created by complete removal of building-height regulation in NYC. While this last exercise is circumscribed …

Disciplinary Violations For Aaup Students (An Analytical Study), Mohammed Jaraddat

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

Arab American University in Palestine (AAUP) was founded on 28/9/2000 in the time of the second uprising as the first private university in Palestine. Consequently, a set of regulations and instructions were enacted to ensure the functioning of the university's facilities and academic process properly and smoothly. Therefore, the disciplinary violation system was prepared to control the students' offences (academic or behavioral) that might hinder the educational process. The study addressed the disciplinary violations in terms of the concept, components, and comparison to the crimes. The study surveyed a number of common disciplinary violations at the university whether academic or …