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Kim Reviews \u3ci\u3eInfrastructure Costs\u3c/i\u3e By Brooks & Liscow
No full textProfessor Young Ran (Christine) Kim reviewed Infrastructure Costs by Leah Brooks and Zachary Liscow on TaxProf Blog
An Interview with Elizabeth Andrews
No full text...to me, being a citizen lawyer means being a leader in your life in all aspects, not just in your job 9 to 5, but in your community. And so working on real world projects that made a difference policy-wise was a great way to live out that aspiration to be a citizen lawyer. -- Elizabeth Andrews
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Elizabeth Andrews was interviewed on March 8, 2024, in the William & Mary Media Center’s production studio. She begins by describing how a love and respect for the natural world guided her towards public service work. She discusses her decision to attend law school and working in the Virginia Attorney General’s Office on environmental issues. Andrews then reflects on her time directing the Virginia Coastal Policy Clinic, the significance of the real-world policy experience for law students, collaborating on environmental projects, and advice for students interested in environmental law and policy. She ends the interview reflecting on the current state of environmental policy at all levels of government as well as her legacy more generally at William & Mary Law School.https://scholarship.law.wm.edu/oralhist_all/1009/thumbnail.jp
RICO\u27s Long Arm
No full textRICO has for over 50 years presented something of a parlor game for lawyers, mostly because its text leaves wide latitude in interpretation. And, as is often the case with RICO, resolution of one question begets more. The Supreme Court’s recent decision in Yegiazaryan v. Smagin proves no exception. Here, the Court brought some clarity to a question left open by RJR Nabisco: viz, what must one plead and prove to satisfy the “domestic injury” requirement necessary to invoke an extraterritorial application of RICO. The Court held that a foreign plaintiff can indeed, given the right facts and circumstances, establish a domestic injury. But it declined to establish a bright line test—or really any test, leaving that to the lower courts to flesh out. The Court also declined to engage the question of whether RICO is an appropriate vehicle for enforcing all (or perhaps international) arbitral awards. And—more generally—domestic judgments. Those and many other questions remain for another day
Police Mistakes of Law, Heien v. North Carolina and Significant Fourth Amendment Interpretive Cases: An Empirical Examination of Officer Perception, Knowledge and Performance
No full textThis empirical study examines legal aspects of policing in relation to the landmark Fourth Amendment United States Supreme Court case of Heien v. North Carolina. In Heien, the Court found that objectively reasonable mistakes of law by police can support traffic stops. By doing so, Heien extends the permissible margin of error for these stops by law enforcement officers. Due to the potential far-reaching implications of Heien for law enforcement conduct and Fourth Amendment privacy protections, this study aims to empirically examine officer perception and knowledge regarding Heien, including officers’ decision-making behavior with respect to Heien and its core concept of reasonable officer mistakes of laws. Utilizing a survey questionnaire administered to patrol officers, this study also examines officer understanding of key, paradigmatic interpretive cases for Heien. This is the first known study to empirically examine police perception and knowledge of Heien, its core concepts as well as interpretive jurisprudence
A Tragedy in Three Acts: Discrimination, Retaliation, and FERPA
No full textAs humanity has entered the digital age, we have come to possess incomprehensible amounts of recorded information—by some estimates, 295,000,000,000 gigabytes. With such an abundance of information at our fingertips, careful data management is not just a problem for IT specialists, but an occupational hazard for every American worker with a computer. In Ferry v. Board of Education. of Jefferson City Public School District, a teacher—Tammy Ferry—lost her job because she and her attorney failed to understand the hyper-technicalities involved in data privacy. This Note will argue that Ferry’s school district, the state of Missouri, and the U.S. Congress unintentionally built a trap that sprang on Ferry. That trap is waiting for its next victim
Slavery Still Exists and May Have Produced Your Hairdryer
No full textIn 2020, the International Labour Organization (“ILO”) estimated that forced labor generated $51 billion USD. Many profiteers are not individual bad actors, but rather, corporations. Recently it came to light that one corporate profiteer is the multinational technology manufacturing company, creator of the most awarded hair care device in 2021: Dyson Limited. While Dyson has received praise for its products, Malaysia charged Dyson’s main production factory, ATA IMS, with labor law violations. Shortly thereafter, in February 2022, UK law firm Leigh Day publicly announced its suit against Dyson on behalf of the workers in Dyson’s Malaysia factory.
This Comment analyzes the United Kingdom’s and Malaysia’s international obligations and their respective adherence to those obligations. Ultimately, this Comment finds Malaysia in compliance with its obligations and finds that the United Kingdom is in violation of the Protocol of 2014 to the Forced Labour Convention, 1930 for its failure to sanction Dyson. This Comment recommends the United Kingdom sanction Dyson and work with Malaysia to investigate whether corruption facilitated forced labor. Finally, this comment recommends that anti-slavery practitioners employ follow the money techniques to better discover and sanction corporate perpetrators of slavery
Is Insurance Just A Contract or a Just Contract ?
No full textCourts never tire of saying an insurance policy is “just a contract” and subject to ordinary rules of contract law. Contract here signals a plain language approach that strives for formal neutrality between the parties. Yet courts also frequently rely on a narrative that an insurance policy strives to be a “just contract” with special pro-policyholder rules that reach beyond the plain language.
How is insurance simultaneously “just a contract” and a “just contract?” Prior scholarship has noted the confusion, but this Article aims to reconcile the dueling narratives. When the issue relates to scope or breadth of coverage—whether a loss is included within the bounds of the policy—strict construction gains the upper hand. But when the focus is on the suite of rights that flow from coverage—such as expanded remedies available upon an insurer breach—courts craft coverage rights which are deeper than what can be derived from the plain meaning of the policy. This distinction makes sense considering the degree of uncertainty posed in each setting. Broadening a policy to risks beyond its coverage base threatens to upend the match between risks and premiums. By contrast, the cost of deeper insurance is derivative of risks already assumed by the policy and thus more predictable to the insurer.
This analysis gives courts a framework to understand when they should treat insurance law differently from contract law. Furthermore, because plain language exerts a strong pull over the entire landscape of contract law, clearly presenting counterexamples and their rationale should prevent courts from importing plain language concepts into areas of insurance law that are anchored on competing normative foundations
How to Make the Most of Your Summer Internship
No full textThursday, March 21, 2024 | 12:30 PM | Eck Hall of Law 3130
Join the LGBT Law Forum and First Generation Professionals to hear panelists discuss tips and tricks to make your summer internship successful. Panelists will provide perspectives from the non-profit, government/clerking, and the firm world to cover the range of student internships.
Panelists include: Katie Takeuchi, NDLS alum and former clerk on the 11th Circuit Cat Kozlowski, Counsel at Polsinelli Matthew Skinner, NDLS alum and Executive Director of the Richard C. Failla LGBTQ Commission of the New York State Courts
Co-sponsors: LGBT Law Forum First Generation Professionalshttps://scholarship.law.nd.edu/ndls_posters/1825/thumbnail.jp
Speech and Religious Exercise in the Workplace
No full textFriday, January 26, 2024 | 10:30 AM | McCartan Courtroom, Eck Hall of Law
In collaboration with Notre Dame Law School\u27s Religious Liberty Initiative, the Notre Dame Law Review is hosting its religious liberty symposium on Speech and Religious Exercise in the Workplace.
The panelists include Prof. Steven Green, Willamette University; Prof. Steven Collis, The University of Texas at Austin; Prof. Robin F. Wilson, University of Illinois; Prof. Perry Dane, Rutgers Law School; and Prof. Netta Barak-Corren, Hebrew University. We hope you can join us for this insightful discussion on matters related to religious liberty.
Co-sponsored by: Notre Dame Law School Religious Liberty Initiative and Notre Dame Law Reviewhttps://scholarship.law.nd.edu/ndls_posters/1788/thumbnail.jp
Adventure Capital
No full textThis symposium Article traces the history and rise of venture capital and venture-backed startups in the United States from a business law perspective and explores the current big questions in the field. This examination highlights that after lawmakers shaped the enabling environment for venture capital to flourish, corporate and securities law has responded to the rise of venture-backed startups incrementally but with profound effect. Although business law has not always fit easily with the distinctive features of venture backed startups, it has provided an enormous space in the private realm for them to order their governance and maneuver with relative freedom. This private realm is a good fit for the needs of startups that drive economic growth and innovation, but their activity can also create lingering issues of social costs and policy that are difficult to address. Grappling with this reality is essential to continuing to foster a vibrant venture capital ecosystem while also developing a coherent business law response to the current wild era of “adventure capital.