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Full-Text Articles in Law

Upholding The Domestic Violence Firearm Prohibitors Under Bruen’S Second Amendment, Samantha L. Fawcett May 2023

Upholding The Domestic Violence Firearm Prohibitors Under Bruen’S Second Amendment, Samantha L. Fawcett

Duke Journal of Constitutional Law & Public Policy Sidebar

Federal law prohibits individuals subject to a domestic violence protective order (§ 922(g)(8)) or convicted of domestic violence misdemeanors (§ 922(g)(9)) from possessing firearms. Before New York State Rifle and Pistol Association v. Bruen, these commonsense gun laws had generally been considered uncontroversial, both in terms of their broad popular support and their constitutionality under the Second Amendment. In Bruen, however, the Supreme Court held that when a regulation burdens a Second Amendment right, the regulation must be consistent with American historical tradition, meaning that the regulation must be analogous to a pattern of historical firearm regulation.

After …


John Dinsdale Hillam, Appellee V. Tara Hillam, Appellant., V. Dustin Hancock As Investment Trustee, Et Al : Brief Of Appellee, Utah Court Of Appeals May 2023

John Dinsdale Hillam, Appellee V. Tara Hillam, Appellant., V. Dustin Hancock As Investment Trustee, Et Al : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Honorable David J. Williams, District Court No. 174700031

Bart Johnsen, Alan S. Mouritsen, Attorneys for Appellant Tara Hillam

Julie J. Nelson, Attorney for Appellee John Dinsdale Hillam, Joshua L. Lee, Attorney for Appellee/Trustee Dustin Hancock


Foreword, Jacob Walker May 2023

Foreword, Jacob Walker

Washington International Law Journal

No abstract provided.


Rights-Based Boundaries Of Unilateral Sanctions, Seyed Mohsen Rowhani May 2023

Rights-Based Boundaries Of Unilateral Sanctions, Seyed Mohsen Rowhani

Washington International Law Journal

This Article serves as a model for sender states to consider when designing and implementing unilateral sanctions and also provides a framework for targeted states to challenge the legality of sanctions. In this context, the Article investigates several multilateral treaties, including the United Nations (“UN”) Charter and its principles of nonintervention and sovereignty and its rights-based boundaries. The Article also investigates other rights-based treaties to determine if their member states may have any extraterritorial obligations to promote human rights beyond their borders. In addition, the Article analyses International Court of Justice (“ICJ”) rulings in cases where one party claims that …


Ndls Communicator: Week Of 05.22.23, Notre Dame Law School May 2023

Ndls Communicator: Week Of 05.22.23, Notre Dame Law School

NDLS Communicator

The Latest News

  • Commencement 2023: Dean G. Marcus Cole’s charge to the graduating class
  • Commencement 2023: Speech by Distinguished Professor of the Year Bruce Huber
  • ND Law’s revamped Loan Repayment Assistance Program a boost for Class of 2023 graduates starting public interest careers
  • Class of 2023: Meet six ND Law graduates who have become a ‘different kind of lawyer’
  • Religious Liberty Clinic Highlights Student Fellows’ Work Defending Religious Freedom Around the World
  • ND Law’s 2023 Shaffer Fellows to address housing issues, provide expungement relief in Chicago and rural Kentucky
  • Congratulations ND Law Class of 2023!
  • New library interface to go …


Special Education: Inclusion And Exclusion In The K-12 U.S. Educational System, Erik Brault May 2023

Special Education: Inclusion And Exclusion In The K-12 U.S. Educational System, Erik Brault

Dissertations

The U.S. Department of Education defines students with disabilities as those having a physical or mental impairment that substantially limits one or more life activities. Previous research has found that students with disabilities placed in inclusive environments perform better academically and socially compared to students with disabilities who are placed in segregated environments. Yet, we know that inclusion in K-12 general education classrooms across the country is not consistently implemented.

The purpose of this study was to better understand the effects, if any, of general education high school teachers’ personal and professional experiences and knowledge on their attitudes toward educating …


Commencement 2023: Speech By Distinguished Professor Of The Year Bruce Huber, Bruce R. Huber May 2023

Commencement 2023: Speech By Distinguished Professor Of The Year Bruce Huber, Bruce R. Huber

Commencement Programs

Professor of Law Bruce Huber, selected by Notre Dame Law School’s Class of 2023 as Distinguished Professor of the Year, delivered the following speech to the class during the Law School’s Hooding Ceremony on May 20, 2023, in Purcell Pavilion.


Commencement 2023: Dean G. Marcus Cole’S Charge To The Graduating Class, Marcus Cole May 2023

Commencement 2023: Dean G. Marcus Cole’S Charge To The Graduating Class, Marcus Cole

Commencement Programs

Joseph A. Matson Dean and Professor of Law G. Marcus Cole delivered this charge to Notre Dame Law School’s Class of 2023 during the Law School’s Hooding Ceremony on May 20, 2023, in Purcell Pavilion.


Creating Systemic Support: Cross-Sector Partnerships As A Catalyst To Institutional Transformation For Southeast Asian Student Support, Brianna Lourdes Edoria Pascua May 2023

Creating Systemic Support: Cross-Sector Partnerships As A Catalyst To Institutional Transformation For Southeast Asian Student Support, Brianna Lourdes Edoria Pascua

Master's Projects and Capstones

This paper investigates the potential impact of cross-sector partnerships between nonprofit organizations (NPOs) and universities on the educational attainment of Southeast Asian American (SEAA) students, particularly those from disenfranchised or nontraditional backgrounds. Guided by the research question, "Can cross-sector partnerships between NPOs and universities contribute to increased educational attainment among SEAA students?", the study seeks to comprehensively explore SEAA student experiences, challenge the Model Minority Stereotype, enrich SEAA higher educational achievement literature, underline the significance of disaggregated data and cross-sector collaborations, and create an adaptable framework for other communities. By adopting an Asian Critical Race Theory (AsianCrit) lens, the research …


66th University Of San Diego School Of Law Commencement Program, 2023, University Of San Diego School Of Law May 2023

66th University Of San Diego School Of Law Commencement Program, 2023, University Of San Diego School Of Law

Commencement Programs

No abstract provided.


Class Of 2023 Commencement, Steve C. Jones May 2023

Class Of 2023 Commencement, Steve C. Jones

Graduation Addresses

Commencement took place on May 20, 2023 to recognize Juris Doctor, Master of Laws and Master in the Study of Law graduates in the University of Georgia School of Law ceremony. The School of Law will held its commencement for the Class of 2023 in the Classic Center Grand Hall. The Honorable Steve C. Jones, U.S. District Judge for the Northern District of Georgia, former Georgia Superior Court judge, 1987 alumni, delivered the keynote address.

A longer set of biographical information related to the speaker was shared alongside other Commencement 2023 details via email, and is duplicated below:

"The Honorable …


178th Commencement Mass Program, University Of Notre Dame May 2023

178th Commencement Mass Program, University Of Notre Dame

Commencement Programs

Vigil Mass for the ascension of the Lord.

Presiding Celebrant and Homilist: Reverend John I. Jenkins, C.S.C., President of the University


2023 Lsu Law Commencement Program, Lsu Law May 2023

2023 Lsu Law Commencement Program, Lsu Law

Commencement Programs

No abstract provided.


The Old And New Divides Of Patent Law: From The Theory Of Antedation To Defining Immediately Envisageable Limited Classes, Condon, Eamon M. May 2023

The Old And New Divides Of Patent Law: From The Theory Of Antedation To Defining Immediately Envisageable Limited Classes, Condon, Eamon M.

Santa Clara High Technology Law Journal

Recently, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) ruled on a patent case involving the application of pre-America Invents Act (“AIA”) antedation and the issue of when a genus of compounds is narrowly limited enough to anticipate an individual compound found within the genus.1 On appeal, this case generally discussed why the claimant’s anticipation and obviousness claims failed.2

While the entire Federal Circuit decision will be discussed, this Comment will discuss in greater depth the reasons why antedation is no longer applicable under the AIA, and the implications of the Federal Circuit’s decision to not …


The Unitary Executive Theory: Benefits And Dangers, Dani Heba May 2023

The Unitary Executive Theory: Benefits And Dangers, Dani Heba

Student Theses and Dissertations

This paper examines the unitary executive theory's growth and implications for the modern presidency.


Toward Mutual Recognition: An Investigation Of Oral Tradition Evidence In The United States And Canada, Kalae Trask May 2023

Toward Mutual Recognition: An Investigation Of Oral Tradition Evidence In The United States And Canada, Kalae Trask

Washington Journal of Social & Environmental Justice

United States (“U.S.”) courts have long failed to recognize the value of oral traditional evidence (“OTE”) in the law. Yet, for Indigenous peoples, OTE forms the basis of many of their claims to place, property, and political power. In Canada, courts must examine Indigenous OTE on “equal footing” with other forms of admissible evidence. While legal scholars have suggested applying Canadian precedent to U.S. law regarding OTE, scholarship has generally failed to critically examine the underlying ethos of settler courts as a barrier to OTE admission and usefulness. This essay uses the work of political philosopher, James Tully, …


Making Bad Decisions With Toxic Emissions: Exploring The Prosecution Of Companies For Superfund Crimes, Dr. Melissa Jarrell Ozymy, Dr. Joshua Ozymy May 2023

Making Bad Decisions With Toxic Emissions: Exploring The Prosecution Of Companies For Superfund Crimes, Dr. Melissa Jarrell Ozymy, Dr. Joshua Ozymy

Washington Journal of Social & Environmental Justice

Marginalized communities in the United States bear the brunt of toxic pollution from Superfund sites. Criminal provisions in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also known as Superfund, allow prosecutors to seek penalties for environmental crimes involving significant harm and/or culpable conduct, but we know little about how companies have been prosecuted for Superfund crimes. We utilize content analysis of 2,728 environmental crime prosecutions stemming from U.S. EPA criminal investigations from 1983-2021, and select cases of companies prosecuted for Superfund crimes. We found that across 41 prosecutions, 126 defendants were prosecuted, resulting in 68 years of probation …


Delta Airlines – A Carbon Neutrality Pact To 2050 And Beyond A Public Policy White Paper, Drew P. Lemon May 2023

Delta Airlines – A Carbon Neutrality Pact To 2050 And Beyond A Public Policy White Paper, Drew P. Lemon

The Gettysburg Journal for Public Policy

As part of a new global climate initiative, the United States very one Atlanta based Delta Airlines has recently announced to the world they will be embarking on an initiative to provide a never-before-seen technique of air travel; Completely carbon-neutral air transport and net-zero carbon emissions across all operational sectors of their fleet by 2050. Delta Airlines has now become the first official United States-based airline to promise net-zero carbon flying to the entire public within the next few decades, and the airline is set on being the catalyst in generating positive change for the United States aviation industry and …


Argument For H.R. 82 "The Social Security Fairness Act", Troy Domini M. Ayado May 2023

Argument For H.R. 82 "The Social Security Fairness Act", Troy Domini M. Ayado

The Gettysburg Journal for Public Policy

This paper analyzes H.R. 82 "The Social security Fairness Act" of 2021 by using SWOT (Strengths, Weaknesses, Opportunities, and Threats) analysis. The paper focuses on the Windfall Elimination Provision and Government Pension Offset provisions of the social security Act. When social security was initially passed, pension benefits were not extended to public sector employees until the reforms in 1950s. However, in the 1970s the Supreme Court declared that men were no longer required to prove that they were reliant on their spouses to be eligible for spousal or widower's benefits, thereby making thousands of male retirees eligible to receive benefits. …


If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz May 2023

If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Semi Structured Interview: Public Perceptions Of Family Resource Centers As Seen By Staff Personnel, With An Emphasis On The Undocumented Community, Eva Gonzalez May 2023

Semi Structured Interview: Public Perceptions Of Family Resource Centers As Seen By Staff Personnel, With An Emphasis On The Undocumented Community, Eva Gonzalez

Themis: Research Journal of Justice Studies and Forensic Science

The value of Family Resource Centers in communities is examined in this research paper, with a focus on legal advocacy in undocumented communities. To begin, do Family Resource Centers provide sufficient resources to the undocumented population? By 2022, there will be over 3,000 FRCs in 30 states, serving over 2 million people per year. Second, how can the Family Resource Center best support Valley Palms' undocumented population? Finally, do Family Resource Centers play an important role in community development? These are some of the questions that helped lead the research when it came down to semi-structured interviews with employees from …


“That Means Nothing To Me As A Normal Person Who Doesn't Know About Patents”: Usability Testing Of Google Patents And Patent Public Search With Undergraduate Engineering Students, Graham Sherriff, Molly Rogers May 2023

“That Means Nothing To Me As A Normal Person Who Doesn't Know About Patents”: Usability Testing Of Google Patents And Patent Public Search With Undergraduate Engineering Students, Graham Sherriff, Molly Rogers

Journal of the Patent and Trademark Resource Center Association

Patent searching is an important research tool for undergraduate engineering students, yet it requires special topic knowledge to conduct successfully. Patent database websites have the ability to alleviate or add to the complexity of patent searching, depending on their usability. Prompted by the launch of the US Patent and Trademark Office’s Patent Public Search (PPS) website in early 2022, the authors investigated the usability of PPS and Google Patents. The study's objective was to gain insights into the ways in which the websites of commonly-used patent databases support undergraduate students’ patent searching activities. The study examined students’ performance of typical …


Cardozo Law News Brief: May 19, 2023, Benjamin N. Cardozo School Of Law May 2023

Cardozo Law News Brief: May 19, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

  • Alexander Reinert
  • Jessica Roth
  • Saurabh Vishnubhakat
  • Gaia Bernstein
  • Young Ran (Christine) Kim
  • Rachel Landy
  • Lindsay Nash
  • Richard Weisberg

Events:

  • Class of 2023 Commencement


The Issue Of Enforcement In International Law: A Case Study Of The War In Ukraine, Luana M. Denegre May 2023

The Issue Of Enforcement In International Law: A Case Study Of The War In Ukraine, Luana M. Denegre

Undergraduate Honors Theses

This thesis seeks to outline ways to enforce international law more effectively. Through the analysis of the current international legal framework and the different mechanisms created to enforce international law, it identifies why they are insufficient to enforce international law effectively, and it gives recommendations to ameliorate the way international law is currently enforced. This research focuses on the ongoing war in Ukraine as a case study, and provides specific examples of ways international law was grossly violated by Russia, a U.N. permanent Security Council member, in order to identify patterns in the non-enforcement of international law. To bridge the …


Class Of 2023 Awards Ceremony, Notre Dame Law School May 2023

Class Of 2023 Awards Ceremony, Notre Dame Law School

Commencement Programs

On Friday, May 19, Notre Dame Law School recognized its graduating students at the annual Awards Ceremony. Awards were presented for academic achievement, including Honor Roll, Dean’s Circle, Faculty Excellence, and Program of Study distinctions, as well as for excellence in writing, trial advocacy, and moot court. Students were also celebrated for their service to Notre Dame, their classmates, and the broader community. Below, we highlight a selection of this year’s awards and recipients.


178th University Of Notre Dame Commencement, University Of Notre Dame May 2023

178th University Of Notre Dame Commencement, University Of Notre Dame

Commencement Programs

The Commencement Program includes:

  • SCHEDULE OF EVENTS 3
  • GRADUATE SCHOOL COMMENCEMENT CEREMONY 8
  • DOCTORAL DEGREES 10
  • MASTER DEGREES 23
  • MENDOZA COLLEGE OF BUSINESS GRADUATE BUSINESS 38
  • GRADUATE ARCHITECTURE 44
  • LAW SCHOOL 45
  • UNIVERSITY COMMENCEMENT CEREMONY 49
  • COLLEGE OF ARTS AND LETTERS 52
  • COLLEGE OF SCIENCE 61
  • COLLEGE OF ENGINEERING 66
  • MENDOZA COLLEGE OF BUSINESS 71
  • SCHOOL OF ARCHITECTURE 77
  • VALEDICTORIAN CANDIDATES 78
  • EMERITI FACULTY 78
  • HONOR SOCIETIES 78
  • AWARDS AND PRIZES 85
  • TASSELS 104


A Case Study Of The Complicated History Of Rice University’S First Patents, Hannah G. Edlund May 2023

A Case Study Of The Complicated History Of Rice University’S First Patents, Hannah G. Edlund

Journal of the Patent and Trademark Resource Center Association

Digitization and online public databases have made patent searches a much simpler pursuit in recent years. However, uncovering a pre-digital era patent’s history and context remains challenging. A search for the first patents assigned to Rice University highlighted associated issues. Older patent formats often do not clearly indicate inventor-assignee relationships, and applications and official communications are not available online. To determine how Rice came to own three 1948 patents, extensive archival research was required. Were these patents assigned to the University by inventors, independent of its support or funding, or was their work performed at and for Rice, thus obliging …


What Sts Can (And Can’T) Do For Law And Technology, Woodrow Hartzog May 2023

What Sts Can (And Can’T) Do For Law And Technology, Woodrow Hartzog

Faculty Scholarship

The field of law and technology has come a long way since we last heard the unmistakable squeal of a modem connecting to cyberspace. Most of us that remember that sound now probably have more grey hair than we used to. We’ve covered a lot of ground since “Lex Informatica” and “Code is Law,” so you’d think our field would have a deeply sophisticated method for understanding the relationship between law, society, and technology, right?

Professor Ryan Calo thinks the field can do better. In this concise and accessible unpublished article that is part of a new book project, Calo …


Responding To Future Pandemics: Biosecurity Implications And Defense Considerations, Diane Dieuliis, James Giordano May 2023

Responding To Future Pandemics: Biosecurity Implications And Defense Considerations, Diane Dieuliis, James Giordano

The US Army War College Quarterly: Parameters

In an evolving and expanding biothreat landscape caused by emerging biotechnologies, increases in global infectious disease outbreaks, and geopolitical instability, the Department of Defense now faces challenges that alter its traditional approach to biothreats and prompt the need for modernized, improved preparedness for—and response to—potential biothreat scenarios. These challenges further complicate specific weaknesses revealed by the COVID-19 pandemic, including the Department’s inability to sustain the military mission while meeting intragovernmental expectations to assist with civilian public health resources and services.


Hs Cornerstone Inc., Appellee, V. Matthew Oscarson And Jennifer Oscarson, Appellants : Brief Of Appellant, Utah Court Of Appeals May 2023

Hs Cornerstone Inc., Appellee, V. Matthew Oscarson And Jennifer Oscarson, Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert Faust, District Court No. 210900350

Robert F. Babcock, Andrew L. Berne, Attorneys for Appellee HS Cornerstone, Inc

Troy L. Booher, Taylor P. Webb, Attorneys for Appellants Matthew Oscarson and Jennifer Oscarson