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A Grand Jury Exhortation
No full textThis essay brings to light a rare feature of the Stewart legal system. Grand jury charges remain understudied, partly for want of primary source materials. The brief historical and biographical sketches of the essay are appended by a unique and relevant artifact of the time: a preamble or exhortation to a grand jury charge, ostensibly delivered by a Justice of the King\u27s Bench, John Dodderidge
The Unwelcoming Bench: Understanding Hostile Architecture’s Potential Legal Issues
No full textOn January 12, 2024, the Supreme Court agreed to hear the case of City of Grants Pass, Oregon v. Johnson to resolve the issue of whether an Oregon city’s regulation on public camping constitutes “cruel and unusual” punishment under the Eighth Amendment. The City of Grants Pass enacted three different ordinances that “prohibit sleeping on public sidewalks or streets and camping on streets, parks, or other publicly owned property.” If violated, the offender is “subject to civil citations and can be barred from entering a city park for 30 days. The challengers, three unhoused city residents, sought to block the city from enforcing these ordinances, arguing that it punished them and “all involuntarily homeless individuals” for “resting, sleeping and seeking shelter from the elements in Grants Pass.”
This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on February 21, 2024. The original post can be accessed via the Archived Link button above
Breaking Bias: A Singular Chapter Solution For Racial Equity In Consumer Bankruptcy
No full textThis article explores the aftermath of the Covid-19 pandemic, revealing a looming medical debt crisis among Black families, while examining the intersection of racial bias, attorney practices, and the existing two-chapter consumer bankruptcy system. Proposing a solution, the article advocates for the consolidation of Chapters 7 and 13 into a single chapter, citing the Consumer Bankruptcy Reform Act of 2020 (CBRA) as a potential remedy. Further, this article argues that a single chapter would simplify the bankruptcy process, reducing the influence of attorney bias and promoting uniform eligibility criteria. This approach aims to make debt relief more accessible, especially for Black Americans disproportionately facing financial challenges exacerbated by the pandemic
CCPA/CPRA: Consumers Bear the Burden as Companies Bear the Crown
No full textExamining the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) is important for understanding United States privacy law. They were pioneering legislation in that the CCPA was one of the first comprehensive state-level privacy laws in the United States when it was enacted in 2018, introducing new rights for California residents regarding their personal information and imposed obligations on businesses handling data. The CPRA, passed in 2020, builds upon CCPA and further enhances privacy protections. These laws have served as models for subsequent privacy legislation at both the state and federal levels. They embody key principles that shed insight into the fundamental concepts and values that underpin privacy regulation in the United States. However, there are some inadequacies that are lacking compared to other policies such as Europe’s General Data Protection Regulation (GDPR). This paper suggests that these shortcomings can be addressed by enhancing transparency to consumers and empowering consumers
The Dormant Commerce Clause and the Dubious Constitutionality of State Regulation of Social Media
No full textThere is growing recognition in the medical community that social media applications are harmful to mental health, particularly for young people. Researchers have observed an inverse relationship between social media use and various measures of psychological well-being. The testimony of former Meta insiders like Frances Haugen and Arturo Béjar has brought the issue into the political mainstream, highlighting the fact that social media operators are aware of the harmful effects of their products. Although the exact mechanisms are still under study, the prevailing theories suggest that the very structure of social media applications promotes unhealthy, and potentially addictive, habits among users.
This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on March 29, 2024. The original post can be accessed via the Archived Link button above
Thomas L. Shaffer Public Interest Fellowship
No full textThe Shaffer Fellowship, named in honor of former dean and professor Thomas L. Shaffer and funded by donor support, is awarded yearly to two members of Notre Dame Law School’s graduating class. The fellows’ salaries and benefits are covered while they work for two years at a nonprofit organization providing legal services to low-income or other underrepresented populations. The award was previously called the Notre Dame Law Fellowship
Power Shift, the South China Sea Dispute, and the Role of International Law
No full textThe arena of the law of the sea has become a battlefield for Sino-American legal warfare, commonly referred to as “lawfare,” and it is in the tumultuous waters of the South China Sea where this fierce contest of great powers rages. The divergent perspectives on international law, particularly regarding maritime law, between China and the United States stem from the countries’ distinct historical experiences, memories, and outlooks. This inherent disparity in epistemology shapes their comprehension of the fundamental tenets of the United Nations Convention on the Law of the Sea (“UNCLOS”), specifically the conflicting notions of mare clausum and mare liberum. Consequently, the universality of the law of the sea becomes compromised, tending towards a less comprehensive international framework. This article contends that any legal resolution to the South China Sea dispute must be scrutinized through the lens of balance-of-power considerations. It further proposes practical recommendations to enhance the clarity and efficacy of some of the UNCLOS institutions in response to the pressing demands of our time
With Great Power Comes Great Responsibility : Improving Your Feedback and Hallmarks of Effective Feedback
No full textEffective feedback can change a law student’s trajectory in law school and beyond. The feedback-centric nature of experiential learning courses allows law students to both develop their skills and personal lawyering style. However, many experiential instructors are from a different generation, with different expectations and communication styles than today’s law students. This article highlights hallmarks of effective feedback for the modern law school classroom. As the field of law continues to evolve, law schools will need to as well.
This article discusses four key hallmarks: (1) provide feedback in multiple formats,(2) help each student develop their personal style, (3) explain the why, and (4) highlight both the “good” and areas of opportunity. The goal of showcasing these hallmarks is to fuel instructor introspection and further discussion. By taking the time to reflect and reformulate their feedback style and substance, instructors can ensure they are maximizing their positive impact on a law student’s development