Law Commons^™

We Keep Us Safe, Venmo Doesn't: The Impact On Peer-To-Peer Payment Apps On Mutual Aid And Community Organizing, Meghan G. Rankins

North Carolina Banking Institute

No abstract provided.

Cooling-Off Or Completely Freezing? Rule 10b5-1 Insider Trading Plans' Cooling-Off Periods, Matthew R. Stersic

North Carolina Banking Institute

No abstract provided.

Foreword, Adam C. Gillette, Lissa L. Broome

North Carolina Banking Institute

No abstract provided.

Live Chat With G. Marcus Cole, Marcus Cole, Lou Nanni

2019–Present: G. Marcus Cole

Join us on Wednesday, March 1 [2023] @ Noon ET, for a live chat with G. Marcus Cole, Joseph A. Matson Dean and Professor of Law at Notre Dame Law School. Marcus will discuss recent successes at the Religious Liberty Initiative, the Exoneration Justice Clinic, and more.

Host: Lou Nanni, Vice President, Office of VP-University Relations

Strengths And Opportunities For Sustainability, Ab Currie

Canadian Forum on Civil Justice

At the mid-point of this three-year pilot project, the evidence suggests that the Mobile Rural Law Van is accomplishing its primary objective of better meeting the needs of people in rural Wellington County and North Halton. Is the success after two summers and one winter of operation sustainable? Sustainability is about more than just money, more than cost and about cost per person served. Sustainability depends on how the project operates and how it is connected with the community being served. This paper identifies the non-monetary factors that make the Law Van project sustainable, suggesting adjustments that might be made …

What's Originalism After Transunion?: Picking An Originalist Approach That Gets Standing Back On Track, Julian Gregorio

Notre Dame Law Review Reflection

This Note argues that not only is standing fascinating and contested, but it is so important that the Court should reconsider standing doctrine in appropriate future cases. While the TransUnion case came and went without much kerfuffle outside of legal circles, standing does not find itself sailing smoothly. As noted, perhaps the Court’s most reliable originalist just dissented from a case that largely restates the current law on standing. And Justice Kagan, perhaps the Court’s most influential liberal, wrote that after TransUnion, standing jurisprudence “needs a rewrite.” Given the current makeup of the Court, any reconsideration of standing doctrine …

Caring For Your Employees, Lance Plunkett Jd, Llm

The New York State Dental Journal

Employment laws are rapidly expanding worker opportunities and rights complicating dentists' ability to hire and retain employees in a competitive job market.

Exposing The Deceit About Disparate Impact, Kimberly West-Faulcon

Hofstra Labor & Employment Law Journal

No abstract provided.

The Limitations Of Privacy Rights, Daniel J. Solove

Notre Dame Law Review

Individual privacy rights are often at the heart of information privacy and data protection laws. The most comprehensive set of rights, from the European Union’s General Data Protection Regulation (GDPR), includes the right to access, right to rectification (correction), right to erasure (deletion), right to restriction, right to data portability, right to object, and right to not be subject to automated decisions. Privacy laws around the world include many of these rights in various forms.

In this Article, I contend that although rights are an important component of privacy regulation, rights are often asked to do far more work than …

Smu Introduces Specialisation Tracks & Compulsory Law Capstone To Its Bachelor Of Laws & Juris Doctor Programmes To Nurture Future-Ready & Practice-Ready Graduates, Singapore Management University

SMU Press Releases and News

Singapore Management University (SMU) Yong Pung How School of Law (YPHSL) will allow interested law students to specialise and gain a higher level of proficiency in the practical and interdisciplinary areas of Corporate Transaction; Law and Technology; and Dispute Resolution via a new Tracks scheme; as well as require all law students to complete a Law Capstone Course before they graduate. The law school announced these enhancements to its Bachelor of Laws (LLB) and Juris Doctor (JD) programmes following a recent review of its curriculum, which took into key consideration the impact of global trends on the legal sector. The …

Leading Law Schools In Australia, Hong Kong & Singapore Join Hands To Form Research Alliance On Law & Sustainability To Drive Research & Teaching In The Asia-Pacific Region, Singapore Management University

SMU Press Releases and News

Singapore Management University (SMU) Yong Pung How School of Law (YPHSL); Sydney Law School, University of Sydney (USyd); and Faculty of Law, The University of Hong Kong (HKU), today announced the formation of the Asia-Pacific Research Alliance on Law and Sustainability, a first of its kind in the Asia-Pacific region, with an aim to drive law-focused research and teaching initiatives on achieving sustainability for this part of the world. The announcement was made at the inaugural Law and Sustainability Conference titled ‘Law in a hyperconnected world – joining the dots for a sustainable future’. Organised by SMU YPHSL, with the …

The Fdic's Investigation Of Voyager Digital And What That Means For Crypto-Fintechs, Lauren S. Pless

North Carolina Banking Institute

No abstract provided.

A Unified Front: The Need For A Comprehensive, Centralized Network For Financial Institutions And Law Enforcement To Collaborate On Anti-Human Trafficking Efforts, Kacie T. England

North Carolina Banking Institute

No abstract provided.

Incorporating The Supply Chain Into The Sec's Human Capital Disclosure Requirements, Meghan K. Fernandez

North Carolina Banking Institute

No abstract provided.

Tiny Home Lot Split Policy: A Needed Adjunct To Accessory Dwelling Units In Promoting Affordable Housing, Christopher J. Hoffler

North Carolina Banking Institute

No abstract provided.

Ai Lending And Ecoa: Avoiding Accidental Discrimination, Michael A. Griffith

North Carolina Banking Institute

No abstract provided.

Living Recipes . . . And Constitutions, John Vlahoplus

Notre Dame Law Review Reflection

Professor Gary Lawson and Zachary Pohlman assert that we can only follow recipes and by analogy the Constitution by complying with the original public or authorial meaning of the instructions in their texts. Absent an instruction in the recipe’s text authorizing changes, any departure from historical meaning amends the recipe rather than follows it.

This response uses the works of renowned chefs to sketch a competing theory. Following a recipe requires a cook to consider many of the same factors as pluralist and living constitution theories of law including text, history, purpose, current circumstances, personal experience, and individual judgment. Even …

Speaking With Complete Candor: Shareholder Retification And The Elimination Of The Duty Of Loyalty, J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

Few corporate law doctrines matter more than the duty of loyalty. Designed to protect the shareholders from the consequences of improper self-dealing, the duty applies to transactions with the corporation that benefit officers, directors, or other fiduciaries.

Despite the central importance of fairness to the duty of loyalty, however, the trend has been to eliminate any analysis of fairness, replacing substantive review with procedural safeguards. This has been particularly true with respect to ratification by disinterested shareholders. If done properly, disinterested ratification results in the application of the business judgment rule. In those circumstances, courts will not examine the fairness …

Specific Performance: On Freedom And Commitment In Contract Law, Hanoch Dagan, Michael Heller

Notre Dame Law Review

When should specific performance be available for breach of contract? This question—at the core of contract—divides common-law and civil-law jurisdictions and it has bedeviled generations of comparativists, along with legal economists, historians, and philosophers. Yet none of these disciplines has provided a persuasive answer. This Article provides a normatively attractive and conceptually coherent account, one grounded in respect for the autonomy of the promisor’s future self. Properly understood, autonomy explains why expectation damages should be the ordinary remedy for contract breach. This same normative commitment justifies the “uniqueness exception,” where specific performance is typically awarded, and the personal services exclusion, …

Battlegrounds For Banned Books: The First Amendment And Public School Libraries, Jensen Rehn

Notre Dame Law Review

Embedded in each conversation about banning books are arguments that use legal terminology. A brief conversation about banned books with a librarian will likely lead to a discussion of the “Library Bill of Rights” published by the ALA. No one is bound by the ALA’s Bill of Rights, which lacks a method of enforcement. Thus, the question remains: what is the legal landscape of banning books? Unfortunately, the Supreme Court has not provided a clear precedent about banning books from public school libraries. In fact, the Supreme Court has only taken cases about libraries on three occasions, each of which …

A Prophylactic Approach To Compact Constitutionality, Katherine Mims Crocker

Notre Dame Law Review

From COVID-19 to climate change, immigration to health insurance, firearms control to electoral reform: state politicians have sought to address all these hot-button issues by joining forces with other states. The U.S. Constitution, however, forbids states to “enter into any Agreement or Compact” with each other “without the Consent of Congress,” a requirement that proponents of much interstate action, especially around controversial topics, would hope to circumvent.

The Supreme Court lets them do just that. By interpreting “any Agreement or Compact” so narrowly that it is difficult to see what besides otherwise unlawful coordination qualifies, the Court has essentially read …

The Scope Of Compelling Government Interests, R. George Wright

Notre Dame Law Review Reflection

In constitutional cases, any relevant government interest may be said to vary in its breadth or scope. Government interests can be characterized narrowly or broadly. The narrowness or breadth of how courts choose to formulate a government interest may well affect that interest’s overall weight or legal significance. For example, a public interest in safety and security, broadly conceived, may seem compelling. But the public interest in merely some modest upgrading of a safety and security regulation may seem less than compelling. A court might adopt either description. A court’s choice to characterize the government interest at stake as either …

Foreign Direct Investment (Fdi) Role On The Economic Growth In The United Arab Emirates, Dr.Abdullah Abdelkrim Hassan

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

Due to the recent deterioration of the global economy, economic growth (EG) has become a worldwide interest; thus, scholars must focus on this issue. Hence, this study examines the effect of FDI on the EG of the United Arab Emirates (UAE). The researchers also employed inflation, employment rate, exchange rate, and industrialization as control variables. Using the secondary data gathering approach, the researchers used the World Development Indicators (WDI) database to extract data from 1986 to 2021. The researchers additionally examine the association between variables using the Non-linear Autoregressive Distributed Lag (NARDL) technique. Results indicated that FDI, inflation, employment rate, …

"Breaking The Bank" Mergers: How Bank Consolidation Is Hurting Communities, Hannah M. Dunaway

North Carolina Banking Institute

No abstract provided.

Why Standing Matters, Jeffrey G. Casurella

Mercer Law Review

On December 12, 2020, Donald Trump tweeted:

The Supreme Court had ZERO interest in the merits of the greatest voter fraud ever perpetrated on the United States of America. All they were interested in is “standing[,]” which makes it very difficult for the President to present a case on the merits. 75,000,000 votes

President Trump’s outburst du jour came on the heels of a Supreme Court of the United States case filed in the wake of the 2020 presidential election. That case was brought by the State of Texas against four defendants—the Commonwealth of Pennsylvania and the States of Georgia, …

The Role Of State Courts In Constraining Partisan Gerrymandering In Congressional Elections

The University of New Hampshire Law Review

Federal courts were once seen as the place for partisan gerrymandering challenges to be lodged, but after thirty-plus years of failing to find any redistricting plan to be a partisan gerrymander, even while holding partisan gerrymandering to be justiciable, the Supreme Court announced in Rucho v. Common Cause, 139 S.Ct. 2484, that partisan gerrymandering is not justiciable in federal courts. State courts are now seen as the only place where a remedy for egregious partisan gerrymandering might be sought (except, of course, for taking redistricting out of the hands of the state legislature and moving responsibility into a bipartisan …

The Ministerial Role Of The President Of The Senate In Counting Electoral Votes: A Post-January 6 Perspective

The University of New Hampshire Law Review

Despite decisively losing the 2020 popular and electoral votes, Donald Trump attempted to retain presidential power by trying to persuade Vice President Mike Pence to misuse his role as President of the Senate during the electoral vote count to withhold some votes from former Vice President Joe Biden. Pence refused, and Biden’s election was recognized, but only after some Trump supporters violently assaulted the United States Capitol Building and personnel there. Congress subsequently passed legislation to address the process of counting electoral votes, which in part clarified the President of the Senate’s limited and ministerial role in the process. Although …

All Pain, Whose Gain? A Fifty-State Analysis Of The Independent State Legislature Doctrine For Redistricting

The University of New Hampshire Law Review

The “Independent State Legislature” (ISL) doctrine has recently been offered as a reinterpretation of legislative control over federal elections and may upend decades of election law precedent. Based on Article I of the U.S. Constitution, the ISL doctrine holds that such authority of state legislatures potentially overrides state constitutions, as well as state courts, citizen initiatives, and even the governor. The original political goals of the ISL doctrine were the 2000 and 2016 Presidential elections. The doctrine has recently come before the Supreme Court in Moore v. Harper, a case concerning redistricting, and could open the door to increased gerrymandering …

Once Bitten, Twice Shy -- Multiple Voting Shares In Continental Europe, Jorge Brito Pereira

Journal of International Business and Law

Over the last decade, several jurisdictions in continental Europe have lifted regulatory restrictions on multiple voting shares (hereinafter “MVS”) in the form of dual-class share structures and/or loyalty shares. Though more heterogenous than coherent, all such reforms have been overly conservative and fall short of allowing the legal freedom of jurisdictions such as the United States and the United Kingdom. This approach may be difficult to understand in a globalized environment of regulatory and stock-exchange competition. This paper explores the reasons for the common conservative approach, which appear to lie mostly in early 20th-century experiences of multiple voting rights in …

The Kids Are Alright, Thomas Healy

Hofstra Law Review

In this symposium essay responding to the handwringing about free speech at law schools, I defend law students against the charge of illiberalism, consider whether my fellow aging liberals are turning into their parents, and look to Russian literature for insights about intergenerational conflict. I also reference Robert Frost and The Who.