Legal Ethics and Professional Responsibility Commons^™

Scandal And Due Process: A Canonical Response To The Mccarrick Case, Fr. John P. Kimes

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Anti-Slapped In The Face: The Applicability Of Anti-Slapp Statutes In Federal Courts, Noah Brown

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Social Movement Theory And The Role Of Qualified Immunity In Increasing Political Violence, Cesar M. Estrada

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Duty To Monitor: How The Mission Critical Doctrine In Marchand Informs Director Liability For Cybersecurity Breaches, Mary E. Kempf

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Improving New Market Tax Credit Accessibility To Address Food Vulnerability, Zahraa Nasser

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Faith In Elections, Derek T. Muller

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Influence Of Partisanship On Supreme Court Election Law Rulings, Anthony J. Gaughan

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Vote Dilution And Voter Disenfranchisement In United States History, Luis R. Fraga Phd.

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Regulation Or Qualification: The Qualifications Clause, The Elections Clause, And Federal Regulation Of Mail-In Ballots, Andrew Scarafile

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Mass Incarceration & The Minority Vote: The Case For A Federal Ban On Felon Disenfranchisement, Jaylen Amaker, Danielle M. Lyn, Marquan Robertson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Wilson’S Foreboding Forecast For Sunshine Laws: Partly Cloudy, With A Chance Of Unconstitutionality, Frank D. Lomonte, Paola Fiku

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Due Process And Title Ix: Considering Compulsory, Live Cross-Examination In Campus Sexual Assault Adjudications, Justin Ewing

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Materiality Of Environmental, Social, And Corporate Governance (“Esg”) Indicators: Is It Time For Mandatory Disclosure?, Jake Landreth

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

A Temporary Stopper In The Revolving Door: Executive Order Ethics Pledges And Their Role In Promoting Government Accountability And Integrity Within The President’S Branch, Caitlin-Jean Juricic

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Unraveling The Web Of Legal Protection: Race, Police Misconduct, And The Favorable Termination Rule, Jasmine B. Gonzales Rose, Caitlin Glass, Neda A. Khoshkhoo

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Are High Levels Of Educator Bias Associated With The Disproportionate Discipline Of Black Students?, Melissa Ann Ramos

UNF Graduate Theses and Dissertations

Data on school discipline inequities have shown disproportionate numbers of Black students suspended and expelled compared to their non-Black counterparts. Despite the implementation of evidence-based solutions such as positive behavior supports and intervention, educator professional development, and restorative practices aimed at closing the racial discipline gap, little to no change has occurred. Critical Race Theory is used as a lens for viewing racial hierarchies as a socially constructed tool to oppress people of color. This oppression can be seen in various aspects of society and in education, especially in school discipline. It is fueled by biases, both implicit and explicit. …

Professionalism In Tribal Jurisdictions, Matthew L.M. Fletcher

Articles

American Indian law is an important area of law. There are 12 federally recognized Indian tribes in the state of Michigan.1 Indian tribes throughout the United States do business in Michigan. Indian tribal governments and corporations employ hundreds of thousands of non-Indians and received billions in federal pandemic relief. Indian gaming generated nearly $40 billion in revenues nationally last year. Still, many lawyers ignore the field or claim ignorance about the basic precepts of federal Indian law.

This article will canvass several themes of professionalism in tribal practice, drawing from this author’s tribal law experience over the last few decades. …

The Entity Attorney-Client Privilege Meets The Twenty-First Century: Rethinking Functional Equivalent Analysis In The Time Of A Nonemployee Workforce., Grace M. Giesel

Faculty and Staff Scholarship

Courts have struggled with whether an entity’s attorney-client privilege can protect communications between the entity’s lawyer and a nonemployee who has information the entity’s lawyer needs to best advise the entity. The nonemployee might be a former employee. But increasingly in recent times, the nonemployee is an individual who was never an entity employee. Corporations and other entities have incorporated nonemployees in their economic enterprises in all sorts of roles—roles employees may have held in the past. Many courts have accepted that the privilege can apply to communications involving former employees.

When faced with nonemployees who are not former employees, …

Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini

Articles

This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations had the rare opportunity to design a dispute resolution system into existence. A dispute system design team was formed and began by examining the interconnected problems of housing instability, eviction, and houselessness. Despite thorough research on dispute system design and extensive meetings with stakeholders, the deign team encountered numerous challenges. This Article identifies the …

Noise Pollution, Patrick Barry

Reviews

The authors of Noise: A Flaw in Human Judgment are a trio of intellectual heavy hitters: Nobel Prize-winner Daniel Kahneman, constitutional law scholar Cass Sunstein, and former McKinsey consultant (and current management professor) Olivier Sibony. As prolific as they are prominent, the three of them have collectively produced over fifty books and hundreds of articles, including some of the most cited research in social science. If academic publishing ever becomes an Olympic sport, they’ll be prime medal contenders, particularly if they get to compete as a team or on a relay. Their combined coverage of law, economics, psychology, medicine, education, …