General Issues, Issue Archives

Volume 36, Issue 1


Articles


Can Continuing Legal Education Pass the Test? Empirical Lessons from the Medical World
Rima Sirota 

Trust and Distrust Across Constitutional Law
R. George Wright

The Legal and Ethical Implications of Public Pension Reform: Analyzing the New Constitutional Cases
T. Leigh Anenson and Jennifer K. Gershberg

Evaluating Legal Needs
Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, and Felipe Hinojosa

Scandal and Due Process: A Canonical Response to the McCarrick Case
Fr. John Paul Kimes


Notes


Anti-Slapped in the Face: The Applicability of Anti-Slapp Statutes in Federal Courts
Noah Brown

Corporal Punishment in the United States: Abolishment Under the Civil Rights Act of 1964
Caroline J. Capili

Deinstitutionalization or Transinstitutionalization? Barriers to Independent Living for Individuals with Intellectual and Developmental Disabilities
Katherine Cienkus

Social Movement Theory and the Role of Qualified Immunity in Increasing Political Violence
Cesar M. Estrada

The Duty to Monitor: How the Mission Critical Doctrine in Marchand Informs Director Liability for Cybersecurity Breaches
Mary Ellen Kempf

Improving New Market Tax Credit Accessibility to Address Food Vulnerability
Zahraa Nasser


Please Note: The Notre Dame Journal of Law, Ethics & Public Policy aims to make legal scholarship available more quickly, particularly regarding current events and topically relevant issues.  As such, forthcoming articles, notes, and essays may be published on a rolling basis prior to pagination finalization.  These works, noted by an asterisk, will be compiled into journal issues retroactively for organizational and citation purposes.

General Issues, Issue Archives

Volume 35, Issue 1


Articles


Lawyer Ethics for Innovation
Renee Knake Jefferson

Specialty Bar Associations and the Marketing of Ethics: The Example Of the Academy of Adoption Attorneys
Malinda L. Seymore

Looking Beyond the Profit and Into the Light: Consumer Financial Protections and the Common Good
Veryl Victoria Miles

Revising the Federal Rules of Civil Procedure: Carving Out A More Active Role for Congress
Michael Vitello

The Professionalization of Compliance: Its Progress, Impediments, and Outcomes
James A. Fanto

Bringing Corporate Governance Down to Earth: From Culmination Outcomes to Comprehensive Outcomes in Shareholder and Stakeholder Capitalism
Dr. Malcolm Rogge


Notes


Solitary Confinement as Illegitimately Proscribed and Disproportional Punishment: Another Angle From Which To Attack the Inhumane Practice
Danika Jo Anderson

The Rising Popularity of the Right to Counsel in Eviction Cases: Rationales Supporting It and Legislation Providing It
Natalie D. Fulk

Dangerous To Be Right When Established Authorities Are Wrong: A Proposal for the Protection of America’s Migratory Birds
Dylan-Forrest Francis Greene

Reforming the EITC and CTC To Provide Greater Income Stability — An Alternative to UBI
Jacqueline Heafey

The Strained Relationship Between Hair Discrimination and Title VII Litigation and Why It Is Time To Use a Different Solution
Christine Kennedy

Appeal Waivers: When Must They Be Raised
Nicole A. Paige

General Issues, Issue Archives

Volume 34, Issue 1


Articles


The Cynical Successes of the Guantánamo Bay Military Commissions
G. Alex Sinha

On Tipping Points and Nudges: Review of Cass Sunstein’s How Change Happens
Raymond H. Brescia

Bring on the Pettifoggers: Revisiting the Ethics Rules, Civil Gideon, and the Role of the Judiciary
Jodi Nafzger

Punishing Vandalism Correctly in an Access Economy
W.C. Bunting

Victim Impact Evidence in Capital Cases: Regulating the Admissibility of Photographs and Videos in the Payne Era
Alexander H. Updegrove

The Last Testament of Justice Scalia: On Aquinas and Law
Stefanus Hendrianto

Revitalizing the Implied Warranty of Habitability
Serge Martinez

Human Dignity and the Doctrine of Provocation: A New Approach
Roni Rosenberg

Elder Financial Abuse: Fiduciary Law and Economics
Ben Chen


Notes


Troubled Waters: Expansion of the Michigan Public Trust Doctrine in an Era of Increasing Pollution
Kathryn Zoller

Protection or Suppression? Reevaluating the Constitutionality of Voter ID Laws in Light of New Empirical Evidence
Jared D. Michael

The Third-Party Doctrine: Perpetuation by Privacy Policies
Courtney C. Seitz

Nonprofit Organizations and Anti-Corruption Statutes: Incentives for Compliance
Elizabeth Barnes Coburn

General Issues, Issue Archives

Volume 33, Issue 1


Articles


Fisheries Management in American Samoa and the Expanding Application of Parens Patriae Standing to Challenge Federal Administrative Action
Kamaile A.N. Turčan

The Duty to Establish, Monitor, and Enforce: How Today’s Corporate Compliance Standards Provide a Workable Model to Limit Defamation and Protect First Amendment Freedoms
Timothy L. Fort & Melissa Latini

Just Another School?: The Need to Strengthen Legal Protections for Students Facing Disciplinary Transfers
Miranda Johnson & James Naughton

Rethinking Religious Objections (Old-Testament Based) to Same-Sex Marriage
Doron M. Kalir

Regulation of Lawyers in Government Beyond the Client Representation Role
Ellen Yaroshefsky

University Legal Counsel: The Role and its Challenges
Sally Gunz & Marianne M. Jennings

The Purposes of Title VII
Chuck Henson

The Warren Court’s Pursuit of Kant’s Realm of Ends
Daniel Feldman


Notes


Self-Interest Rightly Understood: The Case Against Attorneys Receiving the SEC Whistleblower Bounty
Chelsea A. Bollman

The Dogma Lives Loudly Within Them: Revisiting The Role of the No Religious Test Clause in Senate Confirmation Hearings
Kyle Smith

Qualified Immunity and the Clear, but Unclear First Amendment Right to Film Police
Doori Song

Ties that Do Not Bind: The Rules that Keep Lawyers and Accountants Separate
Lawrence A. Wesco

 

General Issues, Issue Archives

Volume 32, Issue 1


Articles


There’s an “App” for That: Developing Online Dispute Resolution to Empower Economic Development
Amy J. Schmitz

Legal vs. Factual Normative Questions & the True Scope of Ring
Emad H. Atiq

The Sovereign Right to Tax: How Bilateral Investment Treaties Threaten Sovereignty
Jennifer Bird-Pollan

Model Rule 8.4(g): Blatantly Unconstitutional and Blatantly Political
George W. Dent, Jr.

Disclosing the Inevitable: Reconciling the Varied Requirements for the Disclosure of Death on Real Property
Hillary M. Goldberg

Everybody Dies. Or, A Consideration of Simultaneous Death Statutes and the Struggles of the Self-Represented
Victoria J. Haneman

The Ethical Practice of Human-Centered Civil Justice Design
Victor D. Quintanilla & Haley Hinkle

The Contextual Problem of Law Schools
Eli Wald


Notes


Public School Closures: The Fate of Abandoned School Buildings
Brendan P. Barber

Fixing America’s Nuclear Waste Policy: Hurdling Infinite Obstacles to an Interminable Problem
James M. Cavanagh

Baking a Cake: How to Draw the Line Between Protected Expressive Conduct and Something You Do
Chris Chung

The Case for a Constitutional Right to Conscience for Health Care Providers
Kristi A. Denny

The Sales Tax on Necessities: Call for a Unified Approach
Viktoriya Rusanova

General Issues, Issue Archives

Volume 31, Issue 1


Articles


Dead Or Alive? The Law, Policy, And Market Effects Of Legislation On Unclaimed Life Insurance Benefits
James M. Carson, Robert E. Hoyt, and Tim R. Samples

The Consequences today of the United States’ Brutal Post-9/11 Interrogation Techniques
Jan Honigsberg 

Dynamic Regulatory Constitutionalism: Taking Legislation Seriously in the Judicial Enforcement of Economic and Social Rights
Richard Stacey

Investigative Journalism and Counter Terrorism Laws
Clive Walker


Notes


Minors in the Major Leagues: Youth Courts Hit a Home Run for Juvenile Justice
Christina M. Dines 

League of Women Voters V. State: The Rejection of Public and Private Hybridity Within Washington State Schools
Laura Habein

Hungary’s Refugee Crisis: Why a Uniform Approach is Not the Solution
Yvonne Kupfermann