Law Commons^™

Remembering Isabel, Elizabeth M. Schneider

Buffalo Law Review

No abstract provided.

A New Order In A World In Motion: Brexit And Its Impact On The British Premier League, Walter Champion, Daniel Lee

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Dealer's Choice: Pressuring The Ncaa To Allow Student-Athletes To Participate In Certain Gambling Activities, Amanda Daoud

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Place Your Bets: An Analysis Of Name, Image, And Likeness Deals With Barstool Sports, Stella Pratt

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Apalsa X Salsa Networking Reception, Cardozo Asian Pacific American Law Students Association, Cardozo Southeast Asian Law Students Association

2022–2023 Flyers

No abstract provided.

Moot Court Honor Society Tryouts, Cardozo Moot Court Honor Society

2022–2023 Flyers

No abstract provided.

Friend Or Foe – Ai’S Invasion Of The Legal Battlefield, Ksenia Khlystova-Gowda

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

A few decades ago, legal practitioners spent countless hours amidst towering piles of physical text, carefully drafting handwritten briefs for their clients. Since the late twentieth century, this old-fashioned practice has become modernized, beginning with the transition from typewriters to computers, the introduction of online legal research databases, and recently with the use of online court hearings during the COVID-19 pandemic Today, the legal profession is in the midst of its most recent technological booster, as artificial intelligence (“AI”) has become mainstream and begins its inevitable assimilation with the industry. However, AI technology presents different consequences and concerns due to …

Cardozo Aelj Author Interview Series: Raven Berzal, Raven Berzal

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Raven Berzal discusses her Note, Accelerating Toward the Inevitable: How Covid-19 Helped Alter Traditional Models of Talent Compensation in the Film Industry, which was published in Volume 41, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 17, 2023. The original post can be accessed via the Archived Link button above.

Ndls Communicator: Week Of 04.17.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Marcus Cole was one of the keynote speakers at the 10th annual Iowa Religious Freedom Day. He spoke about the value of religious freedom in society.
• Nicole Garnett and Meredith Kessler wrote an op-ed for the Wall Street Journal.
• Mary Ellen O'Connell was one of the Notre Dame experts who talked to ND News about the recent attention toward Taiwan and its impact on U.S.-China relations.
• Nicole Garnett was quoted in the New York Times article, "Nation’s First Religious Charter School Could Be Coming to Oklahoma."
• Jeff Pojanowski spoke about "Enduring Originalism’ and common law constitutionalism at …

Brief Of Amicus Curiae Gregory Klass In Support Of Plaintiff-Appellee, Gregory Klass

Georgetown Law Faculty Publications and Other Works

This scholar’s amicus brief in the Fifth Circuit argues that tort remedies play an important role in the contract ecosystem, including promoting efficiency in exchanges; that a party who has been defrauded in the formation of a contract is not bound by contractual limitations on tort liability; and that worries about the tortification of contract law are overblown and out of date.

Cardozo’S Criminal Defense Clinic Wins Commuted Sentence For N.Y. Man Serving One Of The Longest Prison Terms Under Rockefeller Drug Laws, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Cardozo School of Law’s student Criminal Defense Clinic attained clemency for Joaquin Winfield on April 7 from New York Gov. Kathy Hochul.

Biden, Bennet, And Bipartisan Federal Judicial Selection, Carl Tobias

University of Colorado Law Review Forum

No abstract provided.

The Bankruptcy Of Purdue Pharma In The Wake Of Big Tobacco, Jacob Hedgpeth

University of Colorado Law Review Forum

Two distinct public health crises shook the United States from 1954 to 2023: nicotine addiction from tobacco products, and opioid addiction starting with Purdue Pharmaceutical’s OxyContin. These crises resulted in millions of deaths and immense costs to the country as a whole. The nicotine crisis ended in a national settlement against four major tobacco manufacturers, which yielded hundreds of millions of dollars for those harmed by these products. The owners of Purdue, however, opted for bankruptcy instead of settlement, keeping the majority of the money made from OxyContin for Purdue’s owners, the Sackler family.

These four tobacco giants and Purdue …

Pathology Logics, S. Lisa Washington

Northwestern University Law Review

Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize family regulation intervention. This Article focuses on another logic deeply embedded in the family regulation system: the pathologizing of impoverished and racialized groups. Scholars have discussed the pathologizing of marginalized groups to describe a host of different phenomena. In this Article, “pathology logic” refers to a logic that produces notions of …

Perpetuities In An Unequal Age, Jack H.L. Whiteley

Northwestern University Law Review

For centuries, the common law limited aristocratic wealth. In the last three decades, that has changed. One by one, state legislatures have eliminated the rule against perpetuities (the Rule), and now “dynasty trusts” can make carefully controlled payments to a settlor’s descendants for hundreds of years. This change occurred soon before a large and ongoing intergenerational wealth transfer in the United States. Trusts scholars have roundly criticized the Rule’s removal, and some have described it as charting a path to a new Gilded Age.

This Article draws a theoretical lesson from the Rule’s demise. I argue that part of the …

Voter Due Process And The "Independent" State Legislature, Michael P. Bellis

Northwestern University Law Review

In a series of opinions surrounding the 2020 presidential election, multiple U.S. Supreme Court Justices broke from precedent to signal support of the “independent state legislature theory” (ISLT), a formerly obscure interpretation of state legislatures’ power over the administration of federal elections. Proponents of the ISLT allege that the U.S. Constitution grants state legislatures plenary power in federal election contexts—including the power to discount ballots, redraw legislative maps, or appoint alternative slates of presidential electors. Although the Court denied certiorari in each case, across the denials four current Justices dissented because they considered the ISLT to be a proper interpretation …

The State Secrets Privilege: An Institutional Process Approach, Alexandra B. Dakich

Northwestern University Law Review

It is no secret that since September 11, 2001, the Executive Branch has acted at variance with laws otherwise restraining its conduct under the guise of national security. Among other doctrines that make up the new national security canon, state secrets privilege assertions have narrowed the scope of redressability for parties alleging official misconduct in national security cases. For parties such as the Muslim American community surveilled by the FBI in Orange County, California, or Abu Zubaydah, who was subjected to confirmed torture tactics by the U.S. government, success in the courts hinges on the government’s unbridled ability to assert …

The Unreasonableness Of Reasonable: Rethinking The Reasonable Investor Standard, Alexandra Li

Northwestern University Law Review

This Note explores the “reasonable investor” standard in light of recent developments in pandemic-era securities litigation. Scholars have long criticized the reasonable investor standard for determining materiality. Given the dramatic backdrop of the COVID-19 pandemic, the limitations of the standard are becoming ever more evident. This Note provides a brief history of the development of the current standard and highlights some of its problems through two recent COVID-19 securities fraud cases. This Note argues that the reasonable investor standard is no longer sufficient to protect investors. Through examining tort law and First Amendment jurisprudence, this Note differentiates between the “reasonable” …

Employer Tuition Assistance: Current Approaches And The Application Of The Implied Covenant Of Good Faith And Fair Dealing, Jordan T. Krieger

Northwestern University Law Review

American corporations are increasingly expanding tuition reimbursement programs, potentially improving access to higher education for American workers. Yet, despite their increasing availability, only 2% of employees, as a percentage of those interested in pursuing further education, are utilizing these reimbursement programs. For those employees who do make use of these reimbursement programs, they may face unexpected challenges to accessing judicial remedies if a dispute arises.

This Note takes an interdisciplinary approach to first explore employee risks and employer incentives under tuition reimbursement programs. On the employee side, a worker risks premature termination by expressing an interest in tuition reimbursement because …

Problem-Resolution Lawyering Across The Twenty-First Century Law Curriculum, John Lande

Faculty Blogs

This post highlights an article by Kris Franklin and F. Peter Phillips. They argue, “Framing lawyers’ professional role as helping clients resolve problems – and therefore in turn, conceiving law school coursework as preparation for that role – should alter teaching, learning, and law practice in ways that inevitably improves each.” The article includes “exemplars” of ways to shift the legal curriculum to focus on lawyers as problem resolution partners.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Liberating Legal Aid: Reducing Covid-19'S Justice Gap And Promoting Health By Removing The Legal Services Corporation's Class Action And Advocacy Restrictions, Molly C. Schmidt

Cleveland State Law Review

The Legal Services Corporation (LSC) is the single-largest funder of civil legal services, or legal aid, in the United States. The COVID-19 pandemic underscored a longstanding and growing problem faced by ow-income Americans served by LSC-funded legal aid organizations: the growing "justice gap." The justice gap represents the unmet civil legal needs of low-income Americans. The justice gap perpetuates poverty, conceals health-harming legal problems, and furthers racial disparities. Despite the LSC’s essential role in reducing the justice gap and promoting “equal access to justice,” Congress consistently underfunded the LSC before and during COVID-19. Congress has also prohibited the LSC-funded legal …

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Dignity And The Promise Of Conscience, Duane Rudolph

Cleveland State Law Review

This Article focuses on the relationship between three specific invocations of dignity in American law, whose emphases are different. The first appeared in the late eighteenth century and is concerned with the dignity of a state or sovereign. The second made its appearance at the beginning of the nineteenth century and is devoted to the dignity of the court. The third is concerned with the dignity of the human person. International instruments and foreign constitutions evoked dignity in this sense in the 1930s and 1940s. In the United States, the Restatement of Torts, First evoked this sense of the term …

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Browning Symposium Opening Comments, Chief Judge Jeffrey S. Sutton

Montana Law Review

No abstract provided.

The Constitutional Politics Of Abortion Policy After Dobbs: State Courts, Constitutions, And Lawmaking, John Dinan

Montana Law Review

No abstract provided.

Significant Montana Cases, Moriah Williams, Zachary Stauffer

Montana Law Review

No abstract provided.

A Unique Check On Government Power: Reconceptualizing The Right To Know As A Democracy-Promoting Provision, Constance Van Kley

Montana Law Review

No abstract provided.

What's Past Is Prologue, Marc Racicot

Montana Law Review

No abstract provided.