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.

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.

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