University of Notre Dame

Lawyer.2d

Lafler v. Cooper‘s Remedy: A Weak Response to A Constitutional Violation

May 20, 2017

LAFLER V. COOPER‘S REMEDY: A WEAK RESPONSE TO A CONSTITUTIONAL VIOLATION Matthew T. Ciulla* Introduction The Sixth Amendment’s Counsel Clause preserves an accused’s right to counsel.[1] The mere fact, however, that “a person who happens to be a lawyer is present at trial alongside the accused . . . is not enough to satisfy the constitutional command.”[2] Rather, […]

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Recent Case: Syed v. M-I, LLC

Lowell Ritter, May 19, 2017

RECENT CASE SYED V. M-I, LLC On Issue of First Impression, Ninth Circuit Holds No Extraneous Information Allowed in Fair Credit Reporting Act Disclosure; Such Violation is Willful Under Statute Lowell Ritter* Introduction The Fair Credit Reporting Act (FCRA)[1] was enacted to protect consumers by ensuring the accuracy and fairness of reports provided by consumer […]

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The Native American Struggle Between Economic Growth and Cultural, Religious, and Environmental Protection: A Corporate Solution

Joseph Patterson, May 19, 2017

THE NATIVE AMERICAN STRUGGLE BETWEEN ECONOMIC GROWTH and CULTURAL, RELIGIOUS, AND ENVIRONMENTAL PROTECTION: A CORPORATE SOLUTION Joseph Patterson* Introduction Four days following his inauguration, President Donald Trump signed an executive order “expedit[ing]” the Dakota Access Pipeline (DAPL), otherwise known as the Bakken Oil Pipeline.[1]  This executive order sparked new rounds of protests by the Standing […]

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2016 TRADEMARK YEAR IN REVIEW

May 15, 2017

2016 TRADEMARK YEAR IN REVIEW Mark P. McKenna & Shelby Niemann* Introduction This brief Essay reviews some of the most significant developments in trademark law during the past year. In most cases, we have interpreted “year” fairly liberally, particularly to highlight some longer-term trends. We focus on six areas: (1) the constitutionality of section 2(a) of the […]

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The Courts and the People in a Democratic System: Against Federal Court Exceptionalism

Simona Grossi, April 26, 2017

  THE COURTS AND THE PEOPLE IN A DEMOCRATIC SYSTEM: AGAINST FEDERAL COURT EXCEPTIONALISM Simona Grossi* The law of federal procedure is on the Supreme Court’s docket for the October 2016 Term, with granted petitions addressing pleading sufficiency,[1] standing,[2] and jurisdiction.[3]  And, of course, the Advisory Committee on Rules of Civil Procedure continues its annual […]

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Formal Declarations of Intended Childcare Parentage

March 30, 2017

Formal Declarations of Intended Childcare Parentage Jeffrey A. Parness Introduction Legal parentage for childcare purposes under American state law is significantly and rapidly expanding. The new parentage norms are growing increasingly imprecise.[1] No longer is childcare parentage—that is, the superior right of a parent to the “care, custody, and control” of a child[2]—only established by […]

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Incentivizing Graffiti: Extending Copyright Protection to a Prominent Artistic Movement

Sara Cloon, December 22, 2016

Incentivizing Graffiti: Extending Copyright Protection to a Prominent Artistic Movement Sara Cloon* Introduction “Copyright is for losers.”[1] Or so asserted graffiti artist Banksy while also asserting his rights under the Copyright, Designs and Patent Act of 1988.[2] Banksy claims to be anti-copyright, yet simultaneously uses copyright law to enforce his intellectual property rights. As the […]

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Addressing the Retirement Crisis with Shadow 401(K)s

November 28, 2016

Addressing the Retirement Crisis With Shadow 401(k)s Deepa Das Acevedo* Introduction The United States has been juggling a handful of socio-economic crises lately. The subprime mortgage crisis, the auto industry crisis, the education crisis, the obesity crisis—the list isn’t short and shows no signs of becoming so. Within this group of economically and socially disruptive […]

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Through the Looking Glass in Indiana: Mandatory Reporting of Child Abuse and the Duty of Confidentiality

Alberto Bernabe, November 2, 2016

Through the Looking Glass in Indiana: Mandatory Reporting of Child Abuse and the Duty of Confidentiality Alberto Bernabe* Introduction It is often said that the duty of confidentiality is the most important of all the fiduciary duties attorneys owe their clients.[1] This is so because without confidentiality, clients would presumably not feel free to seek […]

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New Wine in Old Wineskins: Metaphor and Legal Research

Amy E. Sloan & Colin Starger, October 24, 2016

New Wine in Old Wineskins: Metaphor and Legal Research Amy E. Sloan* & Colin Starger** And no one puts new wine into old wineskins; otherwise, the wine will burst the skins, and the wine is lost, and so are the skins; but one puts new wine into fresh wineskins.[1] Introduction Language gives and language takes […]

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