Law Commons^™

The “Orange Prince” Of Copyright: Warhol’S Prince Series & Transformative Fair Use, Haley A. Palmer

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Super Statute’S Kryptonite: The Faa After Efasha, Michael Snyder

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Dignity Of Work And Freedom At Work: Ethical Reflections On The Article 4 Jurisprudence Of The European Court Of Human Rights, Clemens Sedmak

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Accommodating Religious Liberty In An Artificially Intelligent Workplace, Michael H. Leroy

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Duty Of The Moment: Retooling The Agrarian Model Of Work/Home Integration, Erika Bachiochi

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Dignity Of Work: Is There A Transcendent Dimension?, Robert H. Tribken

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Getting Back On Your Feet: Wrongful Discharge Remedies And Dignifying Work, Ben Tillinghast

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Guardians Of Ethics For The Profession Of Arms: Judge Advocates Assisting Commanders To Choose The Harder Right Over The Easier Wrong, Lisa M. Schenck

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Blackstone's Rule Has Limited Our Ability To Think, Brian Forst

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Telling Stories, Curtis E. A. Karnow

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Tipping Point: Network Effects Of Tipping Quick-Service Restaurant Cashiers, Bree Hall

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Asylum, Title 42, & Female Foreign Nationals, Cecilia I. Morin

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Justified True Beliefs, The Gettier Problem, And Criminal Knowledge In The Model Penal Code, Yifei Wang

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Organizational Support And Its Impact On Mental Health In Humanitarian Aid Volunteers, Valeria Prudnikova

UNF Graduate Theses and Dissertations

Humanitarian aid volunteers encounter a wide range of stressors, from witnessing horrific events and human suffering to facing organizational challenges and threats to their personal safety. These experiences can have significant and lasting impacts on their mental and emotional well-being. Despite increasing awareness of the psychological toll on aid volunteers, research on effective coping mechanisms and organizational support remains limited, while efforts by organizations that have begun implementing mental health training remain insufficient in providing the comprehensive, long-term support needed to mitigate these effects. This article aims to address the gap by reviewing existing literature on the psychological and emotional …

A Bayesian Analysis Of E-Cigarette Risk Perceptions In The United Kingdom, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Public Health England has communicated that e-cigarettes provide at least a 95% risk reduction compared to conventional cigarettes. This article's survey evidence indicates that adults in the United Kingdom believe that e-cigarettes are only 30%–40% safer overall and that they reduce lung cancer risks and total mortality risks by a similar percentage. A Bayesian analysis of risk beliefs finds that e-cigarette risk perceptions are anchored on prior cigarette risk beliefs. The public, especially smokers, underestimates the magnitude of the risk reduction being communicated by public health officials. Those who are aware of e-cigarette messages from Public Health England assess lower …

Lower Courts After Loper Bright, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

If Loper Bright Enterprises v. Raimondo overrules or ousts Chevron U.S.A., Inc. v. National Resources Defense Council, Inc., its “consequences will be enormous, and almost uniformly bad.” The decision will instantly destabilize federal law across all sectors of the national economy. It also will undo another longstanding precedent and reinforce the public’s negative perception of the Court. These effects are certain, and they are reason enough not to dislodge a bedrock principle. Less certain are Loper Bright’s precise effects on judicial deference and agency authority. Those effects depend on the new rule that emerges, as to which Court-watchers …

The Impact Of Banning Confidential Settlements On Discrimination Dispute Resolution, Joni Hersch, Blair D. Bullock

Vanderbilt Law School Faculty Publications

The #MeToo movement exposed how workplace harassment plagues employment in the United States. Several states responded by passing legislation aimed at curbing harassment and employment discrimination in the workplace. One of the most common legislative efforts was to ban confidentiality provisions in certain settlement agreements. These bans, in part, attempted to stop “secret settlements” by shining light on workplace discrimination and exposing serial harassers as a means to motivate firms to actively deter workplace discrimination.

But do bans on confidentiality agreements deter the bad act? For these laws to have a deterrent effect, claims must be revealed in a public …

Exacting Assessments: Sheetz And The Problem Of Stategraft, Christopher Serkin

Vanderbilt Law School Faculty Publications

In the spring of 2024, the United States Supreme Court decided Sheetz v. County of El Dorado. The case resolved a long-standing question: whether the constitutional rules applying to ad hoc development exactions also apply to legislated exactions. They do. It is an important case, and one that may reconfigure the financing of municipal infrastructure. This Essay examines the case through the lens of Professor Bernadette Atuahene's concept of "stategraft," or the government illegally using its regulatory power to raise money from the poor and politically powerless. This Essay compares legislative exactions to other forms of municipal finance like special …

Thoughts On Corporate Law And The Problem Of Human Capital, Margaret Blair

Vanderbilt Law School Faculty Publications

The theme of this Symposium takes me back more than thirty years to work I did on corporations and human capital at the Brookings Institution in the 1990s. Although I have been on the faculty of law schools since 2000, I am not a lawyer, and in fact, never went to law school. I did my Ph.D. in economics, and I wrote my dissertation on merger waves-in particular, I developed a macroeconomic theory to explain the wave of corporate mergers and takeo- vers that happened in the 1980s. The most prominent and popular idea about takeovers at the time was …

Individual Dignity As The Foundation Of An Inclusive Society, Cory R. Liu, Anthony Pericolo

SMU Law Review

In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the Supreme Court considered voluminous evidence that Harvard discriminated against Asian Americans to keep the racial composition of its student body similar year after year. The Court held that Harvard engaged in unlawful discrimination, providing clarity to an area of the law that was filled with ambiguities and self-contradictions. The Court’s decision made clear that discrimination in favor of some racial groups necessarily inflicts discriminatory, race-based harms on others.

This Article explores how Fair Admissions sheds light on the failure of identity politics to create a genuinely …

Social Media And Social Reform: Why States Should Consider Protecting The Rising Kidfluencers, Rina Wong

SMU Law Review

The rise of social media in the twenty-first century has led to multi-million-dollar careers for influencers, adults, and children alike. Similarly, the rise of child influencers, often colloquially coined as “kidfluencers,” have raised legal issues because kidfluencers are currently unprotected by child labor laws. The Coogan Law, enacted in 1939 to protect child performers in California and similar laws across the United States do not currently apply to kidfluencers. This places kidfluencers at a severe risk of having their financial earnings squandered by their parents or guardians managing their funds.

Fortunately for kidfluencers, legislators both domestically and internationally have started …

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Seattle University Law Review

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …

The Right To Work And Africa’S Crackdowns On Street Vendors, Kaylee Morgan Roberts

Emory International Law Review

No abstract provided.

Rising Sea Levels And Rising State Interest: How The Arctic Council Should Respond To The Realities Of Climate Change And The Resulting Rise In State Interest In A Navigable Arctic, Jack Kirkpatrick

Emory International Law Review

No abstract provided.

Promoting And Reforming Kenya’S Customary Justice Systems In Criminal Cases, Daniel S. Mcconkie Jr.

Emory International Law Review

Kenya’s indigenous customary justice systems developed over time to administer African justice rooted in local community harmony. British Colonialists imposed a foreign legal system, and Kenya formally retained that system even after gaining independence in 1963. Nevertheless, ordinary Kenyans today continue to resort to customary justice systems for their legal problems, including many crimes. The 2010 Constitution requires the judiciary to promote customary justice systems because they are trustworthy and accessible. Paradoxically, though, the Constitution also forbids these customary justice systems from contravening other constitutional provisions. Therein lies the difficulty. Customary justice systems’ procedures do not always comport with …

The Quest For Funding Under The Dutch Wamca: Third Party Funding And The Viability Of A Procedural Fund, Xandra Kramer

Emory International Law Review

A new chapter started for collective actions with the 2020 Dutch Mass Damage Settlement in Collective Actions Act (WAMCA) and the E.U. Directive on representative actions for consumer cases. The expansion of the class action mechanism has not only raised procedural and practical questions but has also triggered debates on the funding of inherently expensive collective claims for damages. Absent appropriate public legal aid schemes, third-party litigation funding has been on the rise and commercial funding has become one of the most discussed and controversial topics in European civil justice. Developments in collective actions and funding have prompted the Dutch …

The Digitalization Of Litigation, Manuel A. Gómez

Emory International Law Review

The development of digital tools that enhance communications, security and decision making have caught the attention of international development agencies, national governments, civil society organizations, and the private sector. The United Nations Development Programme (UNDP) has highlighted the importance of digital tools as a means “to improve justice sector efficiency, transparency and access to justice[,]” while the European Commission has aligned them with “a new push for European democracy in line with the political priority of a Europe fit for the digital age[.]” With these observations in mind, this article focuses on the unique advantages and challenges presented by the …

From Uniforms To Robes: Unveiling Judicial Review Practices Of The Supreme Court Of Israel In Cases Adjudicated In Military Tribunals, Yotam Berger

Emory International Law Review

While the Supreme Court of Israel has been, historically, perceived to be inclined to intervene in national security matters, this Article reveals a notable restraint in its review of criminal cases originating in military-operated tribunals. These tribunals include courts-martial (CMs), where soldiers are prosecuted, and occupied territory courts (OTCs), where Palestinians face charges. The study examines a database designed to encompass all available relevant cases decided by the Supreme Court of Israel from 2002 to 2021. It concludes that, despite its interventionist reputation, the Court exhibits a restricted, perhaps conservative stance toward criminal cases previously adjudicated by military judges. Notably, …

Nonprofit Corporations & Politics: The Entity/Coordination Tension, Lloyd Hitoshi Mayer

Journal Articles

Federal tax law treats separate nonprofit corporations as distinct legal entities for almost all purposes, in common with most other areas of law. With respect to political activity, this means that one nonprofit corporation’s lobbying or election related actions are generally not attributed to another nonprofit corporation. This is the case even if the two entities have overlapping or even identical boards of directors. It is also the case even if the two entities collaborate regarding their respective activities and share employees, facilities, outside vendors, and other resources, as long as the entities reasonably allocate the costs for those shared …

The Mistaken Law Of Mistakes Of Law: Mistakes Negating Culpability Under The Model Penal Code, Scott England

Faculty Scholarship

This Article examines the relationship between two core principles of American criminal law. On one hand, ignorance of the law is no excuse. On the other hand, criminal liability requires not just a guilty act but also a guilty mind. As the criminal law has become more complex, criminal offenses have increasingly raised issues about whether they require culpability as to issues of law, often bringing culpability requirements and the ignorance maxim into apparent conflict.

In 1962, the American Law Institute published the Model Penal Code (“MPC” or “the Code”). The MPC changed American criminal law significantly, and the Code’s …