Digital Commons Network^™

Emergency Lending By The Federal Reserve, Kathryn Judge, Richard Clarida

Faculty Scholarship

The Federal Reserve established an array of innovative emergency lending facilities during the Great Financial Crisis and expanded the scope of its emergency lending yet further in response to the Covid-19 pandemic. This Article provides a retrospective of how the Federal Reserve used its emergency lending authority across these two episodes, identifying patterns and revealing some differences. It sheds light on the conditions that enabled the Federal Reserve to establish the facilities that it did, including the roles played by Congress and Treasury in providing the equity funding that made certain facilities possible. It shows how in each episode, the …

The (Re)New(Ed) Corporation: Foundation For A Stakeholder Regulatory Agenda, Gregory E. Louis

UC Law Business Journal

Amidst an emerging bipartisan consensus on greater corporate social accountability, America First has joined longstanding solicitude about the racial wealth gap. This Article offers yet another take on corporate purpose. As a project of recovering legal memory like Adrian Vermeule’s common good constitutionalism, it examines scholarship on the history of corporate purpose toward answering whether stakeholder capitalism should inform corporate regulation and, if so, how. It concludes from this history that the Anglo-American legal tradition clearly justifies regulators to hold business corporations accountable to the common good. But it also finds in this history a requirement that stakeholder capitalism be …

Floodings, Emilio R. Longoria

The University of New Hampshire Law Review

No abstract provided.

Passing The Bar In And Through Community: The Science Behind Why We Truly Do Better Together, Katherine O. Armstrong

University of Dayton Law Review

Law school graduates preparing for the bar exam often face isolation, leading to mental health challenges, decreased motivation, and impaired performance. This sense of loneliness, coupled with the known mental health and substance abuse issues in the legal profession, underscores the urgent need for change. Research shows that community engagement enhances mental and physical well-being, fosters motivation, and improves educational outcomes. However, little scholarship addresses the role of community in bar exam preparation, leaving a critical gap. This Article explores the transformative power of community during bar preparation. It provides a detailed view of a law school that has successfully …

"Reeling In" The Governance Problem: How To Achieve Sustainable Fisheries On An International Scale, Louis Morais-Andrade

Brooklyn Journal of International Law

In 2025, it was estimated that over 35% of international fish stocks were overfished, risking severe depletion of high seas fisheries. In general, countries have control over fisheries within 200 nautical miles of their coastal border. Many countries have established fishery conservation laws to help prevent overfishing. Some examples of the largest domestic fishing laws are the Magnuson-Stevens Fishery Conservation and Management Act and the European Union’s Common Fishery Policy (MSA), which functions as an international policy that governs all of the United States’ fisheries and the European Union’s Common Fisheries Policy (CFP). Concurrently, the United Nations has also opened …

The Image Of Camels In The Arabic Novel: The Novel Of A Good Camel By Saud Alsanousi As A Model - A Descriptive And Analytical Study, Yasser Ahmed Hamed Marzouq

University of Tabuk Journal for Humanities and Social Sciences

This paper deals with the image of camels in the Arabic novel, focusing on the novel A Good Camel by Saud Alsanousi as an analytical model. It explores the use of camels and their artistic connotations in the novel, and how they interact with the narrative structure, relying on a descriptive and analytical approach to uncover the dimensions of this use and connotation. One of the most notable findings was that camels in the novel transcend being merely animals or means of transportation, becoming a central character with profound dimensions, symbolizing patience, endurance, and resistance-values inherent in the desert environment …

Judicial Ethics, The Supreme Court, And The Rule Of Law, Charles G. Geyh

Articles by Maurer Faculty

This Essay begins with a short history of judicial ethics regulation in the United States, ending with the adoption of codes of conduct by every state and federal judicial system except the Supreme Court of the United States. It then turns to a series of ethics controversies encircling the Supreme Court and its justices, which culminated in the Supreme Court adopting a Code of Conduct in 2023. Tapping into the social science literature, it argues that for codes to improve the ethical climate of an institution they must encourage psychological ownership of and “buy-in” to a code by those subject …

Transdisciplinary Perspectives On Ai: The Fourth Annual Conference Of The European Culture And Technology Laboratory, Connell Vaughan, Ioana Madalina Moldovan, Silivan Moldovan, Noel Fitzpatrick

Books/Book Chapters

The fourth annual conference of the ECT Lab+ was hosted by Technical University of Cluj-Napoca over two days in October 2024 at the Cluj Innovation Park. The conference brought together experts from the Arts, Humanities, Social Sciences, Technology, and other fields to discuss and reflect on the advent of Artificial Intelligence and how the associated technologies are transforming how we live, work and study. Under the title Transdisciplinary perspectives on AI: Alternative Histories, Current Practices and Possible Futures the conference moved beyond simplistic technophila and technophobia to consider whether we can co-evolve with these new technologies which combine machine learning …

W(H)Ither Regulation? Hither To The Tax System, Tracey M. Roberts

Pace Environmental Law Review

In a series of cases decided in the last three years, four delivered in 2024 alone, the U.S. Supreme Court has directed a withering gaze toward the federal administrative state. In West Virginia v. EPA, the Court both curtailed Executive Branch regulatory authority and mandated that Congress draft with greater statutory clarity and specificity under their recently developed major questions doctrine. Under Ohio v. EPA, the Court placed on administrative agencies the burden of extraordinary vigilance in addressing comments as part of the regulatory promulgation process. In Loper Bright v. Raimondo, the Court overturned Natural Resource Defense Council v. Chevron, …

An Essay On Trailblazing With Service Animals Langer, Pilot, Bowie, And Izzie: Preserving Non-Partisan Public Health And The Law, Gary C. Norman

Journal of Law and Health

A direct correlation exists among humans, their animals, and human health and wellness. This article will focus concisely on law students with disabilities and lawyers with disabilities and how they can be empowered to be trailblazers while remaining healthy and well. Salutogenic Model should be optimized by lawyers with disabilities working at the intersection of animal law, disability law, and public health law. Service animals have positive and salubrious impacts upon their handlers in several ways, including psychosocial health and wellbeing. The Grand Architect (or in my Cherokee tradition, "great spirit") continuously partners me with complicated but magnificent dog partners …

Patent Monopsonies, Roy Baharad, Gideon Parchomovsky

Duke Law Journal

Conventional wisdom perceives patent protection as a necessary evil. Patent protection, the argument goes, raises the prices of patented products and processes, thus restricting access to innovation. But without it, not enough innovation will be produced. Hence, generations of scholars have sought ways to curb the market power of patentees via various legal interventions, such as prizes, compulsory licenses, and other forms of regulation. All have tacitly assumed that eroding the market power of patentees would result in a competitive market for innovation that would put an end to the allocative inefficiencies and distributional inequities that emanate from patent protection. …

The Fearless Decision And The Future Of Race-Conscious Charities, Chenglin Liu

Cleveland State Law Review

Historically, courts tended to differentiate between invidious discrimination against racial minorities and benign discrimination against whites in the context of affirmative action movements. With the social movements galvanized by the conservatives and the change of composition of the Supreme Courts and lower courts, the feasibility of race-conscious measures aimed at helping minorities is substantially reduced. The conservatives’ win in Fearless, coupled with the Trump Administration’s attacks on DEI, have produced a self-censoring effect on charitable organizations. Because of these threats, race-conscious charities will have to modify their practices to become more “inclusive” or face legal challenges from conservatives.

Israel's Blockade Of Gaza Was Legal; Withholding Humanitarian Aid, Not So Much, Menachem Z. Rosensaft

Cornell Law Faculty Working Papers

Last month, the International Court of Justice rebuked Israel in an advisory opinion for blocking humanitarian aid into Gaza during the course of the Israel-Hamas war there and emphasized that starvation of civilian populations as a method of warfare is prohibited under prevailing international humanitarian law. Predictably, Israel’s UN ambassador dismissed the advisory opinion as “shameful.”

Now that the Israel-Hamas war in Gaza is in the rearview mirror, it is important to assess the legal and moral aspects and ramifications of Israel’s two-year blockade of Gaza. Specifically, the question that needs to be asked, but that does not have a …

White Supremacy And The Legitimation Of Violence Against Women: Analyzing The History And Impact Of Vawa, Ember Jahn

Et Cetera

This article confronts the mainstream feminist narrative that white women first addressed patriarchal violence en mass in the 1970s. Instead, this article traces back to Black women who advocated against lynching and sexual violence in the late 1800s as the first attempt to address systemic violence against women. They engaged in womanism, or the fight for Black people’s right to experience safety and discover a sense of wholeness. Their efforts led to the proliferation of numerous movements in the 1900s. Despite how crucial their efforts were to the formation of the feminist movement; many white feminists remained hostile and engaged …

Face Card Declined: The Deepfake Threat To Biometric Security In Financial Systems, Hazel Fernandez

Washington and Lee Law Review Online

Once limited to entertainment and disinformation, deepfakes are now extending into the financial sector, where voice and facial impersonations exploit biometric authentication systems to facilitate fraudulent transactions. This evolution exposes gaps in existing legal and regulatory frameworks, raising critical questions about consumer protection and institutional safeguards. This Note argues for a reconceptualization of deepfake harms as both a privacy and a financial security issue. It examines the illusion of consent generated by synthetic impersonation and insufficient statutory protections. The analysis examines the patchwork of federal, state, and international laws governing data privacy and artificial media, highlighting the gaps that allow …

Request For An Advisory Opinion By The State Of Guatemala On Democracy And Its Protection Under The Inter-American Human Rights System: Expert Opinion, Notre Dame Law School Global Human Rights Clinic, Notre Dame Reparations Design And Compliance Lab, Diane A. Desierto, Francisco J. Urbina, Paolo G. Carozza, Anibal Perez-Liñan, Faisal Yamil Meneses, Nicolas Buitrago Rey, Ian Sheppard, Michelle Vasquez, Nick Polk, Carlos Chinchilla Mourra, Jose Cardona Sanchez, Pablo Proaño, Roselis Diaz De Freitas, Zolile Shude, Christian Mikala-Ofori, Rachel Cooper

Court Briefs

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Notre Dame Law School Global Human Rights Clinic (NDLS GHRC) In collaboration with Notre Dame Reparations Design and Compliance Lab (ND Reparations Lab)

The undersigned Professors, staff lawyers, and researchers of the NDLS GHRC and the ND Reparations Lab respectfully submit this Expert Opinion for this Honorable Court’s consideration. 

1. The State of Guatemala has requested this Honorable Court to interpret specific provisions of the American Convention on Human Rights (e.g., Preamble first paragraph, Article 1 obligation to respect rights, Article 5 right to humane treatment, Article 8 right to a fair trial, Article 9 freedom from ex …

Preventive Transparency In Third-Party Litigation Funding, Seth Katsuya Endo

Northwestern University Law Review

For years, efforts to comprehensively regulate third-party litigation funding have been unsuccessful. But bills requiring mandatory disclosure are being introduced in Congress, and the Advisory Committee for Civil Rules has finally agreed to take up the issue. By grounding the discussion of third-party litigation funding in both the broader civil procedure and professional responsibility scholarship, this Article identifies an easy, uncontroversial reform to preventively address the categorical concerns raised by the practice. The primary contribution is a doctrinal intervention, identifying how legal ethics are an integral part of federal civil procedure and then drawing out the implications for third-party litigation …

Disproportionate School Brutality Upon Black Children, Nicole Tuchinda

Kentucky Law Journal

No abstract provided.

Presidents, Opinions, And Independent Officers, Jed Handelsman Shugerman

Faculty Scholarship

The Opinions in Writing Clause is a persistent textual problem for the claim that Article II implies an indefeasible removal power: If the Framers believed they had given the president an unconditional removal power, why would they also specify a lesser power merely to ask for opinions? New historical research confirms this textual problem was also contextual: early state constitutions, the Ratification debates, and the First Congress indicate that the Opinions Clause’s original public meaning signaled independence of department heads, or at least the possibility of congressional requirements like good cause.

Legal scholars have already shown that the texts of …

Driving Together: The Necessity Of A Comprehensive Federal Response For The Success Of Autonomous Vehicles, Timothy Buff

Fordham Intellectual Property, Media and Entertainment Law Journal

Today’s world is full of promising yet controversial new technologies. Large Language Models (LLMs), such as OpenAI’s ChatGPT, have both promised fantastic results and generated a range of critiques. Quantum computing claims to be able to complete computations that would take traditional computers, even supercomputers, longer than the lifespan of the universe to complete. With such advancements, the future dreamed of in science fiction stories of the twentieth century seems to be becoming reality. Autonomous Vehicles (AVs) are another notable technology, which promise to ultimately remove any human responsibility, and hence any human error, from the process of driving a …

Art, Antiquities, And Money Laundering, Derek Fincham

Kentucky Law Journal

No abstract provided.

Fifty More Years Of Ineffable Quo? Workers' Compensation And The Right To Personal Security, Michael C. Duff

Kentucky Law Journal

No abstract provided.

Truth Comes Before Reconciliation: An Exercise In American Truth-Telling, Hannah Fidler

Nebraska Journal on Advancing Justice

No abstract provided.

New Title Ix Rules Come Under Cross: Due Process Requirements And Direct Cross-Examination In Campus Sexual Assault Cases, Bailey Browning

Kentucky Law Journal

No abstract provided.

Inequality By Unnatural Selection: The Impact Of Tax Code Bias On The Racial Wealth Gap, Phyllis C. Tate

Kentucky Law Journal

No abstract provided.

Rectifying The Safe Drinking Water Act And The Clean Water Act: Per- And Poly-Fluoroalkyl Substances (Pfas)—A Case Study, M. Elizabeth Goss

Kentucky Law Journal

No abstract provided.

Arresting Misguided Trends In Treaty Law, Michael P. Van Alstine

Kentucky Law Journal

No abstract provided.

How Lochnerism Ends, Robert Knowles

Seton Hall Law Review

No abstract provided.

Voter Emancipation In Slavery’S Afterlife, Carla Laroche

Seton Hall Law Review

No abstract provided.

Reckoning With Antisemitism In History And Tradition, Nathaniel Shaw Hay, Isaac Barnes May

Pepperdine Law Review

“History and tradition” has become a watchword of modern constitutional interpretation, shaping Supreme Court jurisprudence and framing ongoing debates over the meaning of the Fourteenth Amendment. Yet this interpretive framework remains under-theorized in one critical respect: how should it grapple with the prejudices embedded in the very traditions it invokes? This Article examines that question through the lens of anti-Jewish discrimination in Anglo-American law, using this history as a case study to examine both the perils and promise of relying on history as a source of constitutional authority. For centuries, the common law excluded Jews from full civic participation in …