Issue Archives, Online Supplement

Vol. 36, Online Supplement, Issue 1


Articles


Wilson’s Foreboding Forecast for Sunshine Laws: Partly Cloudy, with a Chance of Unconstitutionality
Frank D. LoMonte and Paola Fiku

The Natural Law Ethics of Public Health Lockdowns
Eric C. Ip

We Interrupt Your Broadcast [Ban] to Bring You [Greater Access]: New Consideration for Rule 2.17 During a Pandemic
Marcus Alan McGhee


Notes


Due Process and Title IX: Considering Compulsory, Live Cross-Examination in Campus Sexual Assault Adjudications
Justin Ewing

The Materiality of Environmental, Social, and Corporate Governance (“ESG”) Indicators: Is it Time for Mandatory Disclosure?
Jake Landreth


Please Note: The Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 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.

Issue Archives, Symposium Issues

Volume 35, Issue 2


Introduction


Symposium Spring 2021: The Ethics of Government Service

The Notre Dame Journal of Law, Ethics & Public Policy 2021 Symposium, co-hosted with the Notre Dame Law School Program on Ethics, Compliance & Inclusion with the support of the Robert & Marion Short Scholar Endowment, focused on the ethics of government service. This Journal was founded with the intention that it would “examin[e] legal propositions through an ethical lens.” The events of the past few years, while often looked at through a political lens, have provided an opportunity to think critically about what standards and norms we should expect from government officials, irrespective of political ideology. Our national faith in the ethics of our leaders forms the very basis of our democracy; we elect leaders under the assumption that they will not only act in our best interest, but in the best interest of our nation, considering all the moral and ethical ramifications of their actions. And yet, government ethics is a topic woefully under-discussed within legal scholarship. As a result, this interrogation of the various ethical dimensions of government service made for the ideal Symposium topic as it also aligns with the Journal’s commitment to the pursuit of truth.

The Journal is honored to have hosted distinguished speakers and to publish their work resulting from this event. The speakers on our first panel, Combating Public Corruption, included: Professor Paula A. Franzese; Former Alabama Assistant Attorney General Ferris Stephens and his co-author Ross D’Entremont (a second-year Notre Dame Law School student), and Lauren Vaca (a third-year Notre Dame Law School student and Editor-in-Chief of the Notre Dame Journal of Legislation). The second panel, Ensuring Government Integrity, included: Professor Richard Briffault, Professor Bernard W. Bell, and Stanford School of Law teaching fellow Andrew K. Jennings. The third panel, Politicization Within the Department of Justice, included: co-authors Professor Bruce Green and Professor and Co-Dean Rebecca Roiphe, Professor Barry Sullivan, and Former U.S. Attorney for the District of Columbia Jessie K. Liu and her co-author Former Deputy Chief of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia Jonathan Kravis. The fourth panel, The Role of Norms and Ethics, included: Professor Ann Ching, Professor W. Bradley Wendel, and Director for the Notre Dame Law School Program on Ethics, Compliance & Inclusion Professor Veronica Root Martinez.

The Journal is grateful to have had such a wonderful and ranged discussion with each of our panels and would like to especially thank the Symposium’s moderators for leading such power discussions: Notre Dame Professors Jimmy Gurulé, Roger Alford, and Jeffrey Pojanowski, as well as New York University School of Law’s Professor Alicyn Cooley, Executive Director of NYU’s Program on Corporate Compliance and Enforcement. We are especially indebted to the tireless efforts of Professor Veronica Root Martinez who helped to plan this Symposium and bring together the wonderful group of panelists.


Articles


The Anatomy of Government Ethics Reform: Lessons Learned, A Path Forward
Paula A. Franzese

Unweaving Hubbard’s Web: A Review of Alabama’s Ethics Laws
Ferris Stephens & Andrew Ross D’Entremont 

Elected-Official-Affiliated Nonprofits: Closing the Public Integrity Gap
Richard Briffault

Administrative Adjudicators’ Extrajudicial Statements
Bernard W. Bell

Conscience Leave
Andrew K. Jennings

Who Should Police Politicization of the DOJ
Bruce A. Green & Rebecca Roiphe

The Justice Department and the Rule of Law
Jonathan Kravis & Jessie K. Liu

Reforming the Office of Legal Counsel
Barry Sullivan

Taking A Positive Approach to Government Ethics
Ann B. Ching

The Role of Norms in Modern-Day Government Ethics
Veronica Root Martinez

Truthfulness and the Rule of Law
W. Bradley Wendel


Notes


Quid Pro No? The Bribery Statute’s Failure to Capture the “Official Acts” of High-Ranking Public Officials
Lauren N. Vaca

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

Issue Archives, Online Supplement

Volume 35, Online Supplement

Issue 1


Essay


The Growing Divide Over Criminal Justice Between President Obama’s Supreme Court Appointees
Daniel Harris


Notes


The Guantanamo Military Commission: The MCA 2009 as a Violation of International Law
Mary-Kate Poulin

Praxis and Pluralism: Countering Bias in the Constitutional Concept of Religion
Elon Schmidt Swartz

Issue 2


Essay


Holmesian Persons and the Administrative State
R. George Wright


Note


A New Prescription: The Case for Enterprise Liability Reform in Light of the Opioid Epidemic
Keith Ongeri

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