Digital Commons Network^™

The Relevance Of Fr. John A. Kaiser For Human Rights And Peace Advocacy Today, Otieno Ombok

The Journal of Social Encounters

This essay explores the relationship of the work of Fr. John Anthony Kaiser to Kenya’s 2010 Constitution. His life, work, and death embody the very principles and struggles that the new constitution was designed to address. The author also discusses how to continue the work for peace and justice in the spirit of Fr. Kaiser.

Dating Among University Undergraduates Living With Disability In South-Western Nigeria, Usman A. Ojedokun, Bukunmi I. Oluborode, Lateef J. Adeyemo

The Journal of Social Encounters

In many university campuses in Nigeria, undergraduates living with disability are visible and functionally involved in academic, political, social, and religious activities. However, the social life of these students is hardly the focus of scholarly research. Therefore, this study explored dating behaviours among undergraduates of selected public universities in south-western Nigeria living with disability. The social disability model was employed as the conceptual framework. Data were elicited through in-depth interview and focus group discussion methods.  Findings showed that the choice of partners among undergraduates living with disability was guided by trust, communication, emotional safety, shared values, and acceptance of disability …

Where Are The Women Memorialized? Commemoration Of Women In The U.S. Congress, Deborah Saki, Alexander Leasure

The Journal of Social Encounters

In the United States, a study of the memorialization of political actors through monuments reveals the disgracefully small number of women memorialized. We find little effort to preserve the memory of trailblazing women in the U.S. Congress. By 2021, as the National Monument Audit indicates, only two congresswomen were memorialized in public spaces across the country: Rep. Barbara Jordan (D-T.X.) and Rep. Millicent Fenwick (R-N.J.). Drawing on frameworks of historical memory and theories of reputational politics, we examine the public conversations that led to the memorialization of these women. We find motive, institutional power, and clarity of narrative in …

Eliminating The Fix In Vertical Merger Enforcement, Jessica Breznick

Duke Law Journal

As antitrust enforcers have increased their efforts to block vertical mergers, courts have been forced to grapple with the challenges of predicting the anticompetitive effects of vertical integration, as required by Section 7 of the Clayton Act. Merging parties have complicated this task by “litigating the fix”—proffering evidence that they have designed measures to prevent anticompetitive outcomes outside the consent decree process. Because the anticompetitive problems of vertical mergers do not lend themselves to structural relief, vertically-merging parties have instead proposed fixes aimed at constraining the parties’ post-merger conduct. Such conduct fixes come in the form of contractual agreements with …

How Big Is Copyright’S Second Bite?: An Empirical Assessment Of Copyright Reversion, Christopher Buccafusco, Brent Lutes, S. Sean Tu

Duke Law Journal

Copyright law is unusual. Unlike virtually every other area of U.S. law, the Copyright Act allows people to change their minds and unilaterally cancel otherwise valid contracts. Thirty-five years after transferring or licensing their copyrights to others, authors—or their heirs—can terminate the grant for any reason, and the copyright reverts to its original owners. These termination of transfer provisions aren’t just unusual as a matter of law generally; they are also atypical for copyright law. While most of copyright law is justified on the grounds that it improves social welfare, these provisions are explicitly based on redistributive concerns—giving poorly situated …

The Ministerial Exception And Defamation: Navigating Churches’ Autonomy And Their Communications, Zachary Runge

Pepperdine Law Review

In two recent cases, the Supreme Court has adopted what scholars and lower courts have called the “ministerial exception.” The Court only addressed the ministerial exception’s application to employment discrimination claims. But the Court did not foreclose the possibility of its application to other claims. This Comment argues that the ministerial exception applies to defamation claims arising out of a minister’s termination. After providing the background for the ministerial exception, this Comment explains the current state of the law. Then, this Comment argues that the ministerial exception, as a form of the church autonomy doctrine, applies to the defamation claims …

Table Of Contents & Masthead, Mitchell Brost

Pepperdine Law Review

No abstract provided.

Corporate Governance As Bloodsport, Jeremy Kidd, George A. Mocsary

Pepperdine Law Review

The modern Environmental, Social, and Governance (ESG) movement promotes diversion of corporate assets from shareholders to “stakeholders.” This is done in the name of a corporate duty to society. But “successful” ESG efforts threaten the success of the corporate form by inviting rent-seeking. This conflict between ESG principles and established theories and norms of corporate law is difficult to resolve because corporate law lacks the tools needed to understand the type of collective decision-making that occurs in the corporate setting. This Article is the first to apply public choice economics—the economic study of collective decision-making—to corporate decision-making to identify the …

Ayahuasca And Religious Freedom, Andrew C. Michaels

Pepperdine Law Review

Ayahuasca is an ancient and powerful psychedelic brew that has been used for many centuries in the Amazon rainforest, and over past decades has been gaining popularity in western countries such as the United States. The ayahuasca brew contains dimethyltryptamine (DMT) and accordingly is banned by the Controlled Substances Act (CSA). But some groups working with ayahuasca have applied for exemptions under the Religious Freedom Restoration Act (RFRA), and so far, at least five such groups have received exemptions, either via court decision or via agreement with the Drug Enforcement Administration (DEA). However, the factors that courts and the DEA …

Weakening The Reasonable Efforts Requirement In New Mexico Termination Of Parental Rights Cases, Monika Myers

New Mexico Law Review

Parents’ right to control the upbringing of their own children is long-established in the United States. However, in the case of child abuse, neglect, or abandonment, a state can terminate parental rights, permanently severing the legal relationship between a parent and a child. In New Mexico, to terminate parental rights for abuse or neglect the State must prove three elements by clear and convincing evidence: (1) the child is abused or neglected; (2) the conditions that brought the child into care are unlikely to change in the foreseeable future and (3) this is the case despite reasonable efforts by the …

Predicting The Future Past: Human Cognitive Limits And Proximate Cause Determinations In Civil Actions, Dr. Molly Wilson, Helen Webster

New Mexico Law Review

Juror decision-making is inherently influenced by psychological biases, which pose a significant challenge to the fairness and accuracy of proximate cause determinations in tort cases. This Article explores the cognitive and social biases—such as hindsight bias, primacy, anchoring, belief in a just world, and moral outrage—that affect jurors as they engage in the complex reasoning required to assess foreseeability and causation. Given that jurors must disregard their knowledge of actual harm and set aside emotional responses to tragic injuries, the risk of bias is substantial. Traditional jury instructions have proven insufficient in mitigating these effects. As a solution, this Article …

Professor Monroe Price, Former Cardozo Dean And Distinguished Scholar, Dies At 87, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law commemorates the life and legacy of Professor Monroe Price, who served as dean from 1982 to 1991 and helped shape the school's growth and academic identity. A pioneering scholar in media law and legal education, Price founded and advanced numerous signature programs at Cardozo while making lasting contributions to intellectual property, communications law, American Indian law, and international legal scholarship.

Institutional And Ideational Features Of Canadian-Us Fishery Management Networks: Connectivity, Coherence, And Collaboration, Owen Temby, Evelyn Roozee, Dongkyu Kim, Jasper R. De Vries, Derek A. Katznelson, Antonia Sohns, Gordon M. Hickey

School of Earth, Environmental, & Marine Sciences Faculty Publications

This article examines fishery management along and across the Canadian-US border through the comparison of collaborative transboundary networks in four regions: the Salish Sea, the Great Lakes, the Gulf of Maine, and the northern region including the Gulf of Alaska and the Hecate Strait. Transnational fishery management is an inter-organizational and multi-jurisdictional enterprise constituted by shared understandings of a suite of tasks and by communications among the participants. We use survey data to summarize the inter-organizational scale and participation in the networks, the centrality of different organization types, the factors that contribute to network formation, other ideational network traits like …

Regression Dressed As Reform: Bharatiya Nyaya Sanhita And The Shifting Contours Of Political Speech, Anushka Singh

National Law School of India Review

This paper examines the shifting contours of criminal law in relation to political speech, with a focus on Section 152 of the Bharatiya Nyaya Sanhita (BNS). It advances three arguments. First, the decolonising narrative behind deleting sedition glosses over substantive continuities between colonial and post-colonial periods, with Section 152 BNS refashioning the colonial-era bifurcation between ‘sedition’ and ‘sedition-like’ activity. The BNS provision represents a backslide in the way it converges the various legal and political connotations of sedition from colonial to contemporary times, creating a new criminal category constructed through popular political-extra-legal discourses. Second, Section 152 BNS borrows from the …

The Kennedy Familys' Influence On The Passage Of The Immigration And Nationality Act Of 1965, Jillian Wallshield

The Cardinal Edge

This paper covers the influence of the Kennedy Family on immigration policy in the United States. United States immigration legislation changed dramatically in the 1960s with the passage of the Immigration and Nationality Act of 1965 (sometimes called the Hart-Cellar Act). This shift was caused primarily by the political work of prominent figures like John F. Kennedy, and, later, Edward Kennedy. Edward Kennedy in particular is examined through his influence on Lyndon B. Johnson, the President under which the Immigration and Nationality Act was passed. This position is supported through the examination of relevant public speeches, private telephone calls, and …

Involving Interpol: Interpol’S Meddling In International Parental Kidnapping And International Custody Dispute Cases Through Red And Yellow Notices, Chandler Gallucci

Child and Family Law Journal

As the world grows more interconnected through globalization, the opportunity for international parental kidnapping has increased. International parental kidnapping occurs when a parent or guardian wrongfully removes and retains a child from their habitual residency, even with the existence of a custody agreement. This article examines the role of the International Criminal Police Organization (“Interpol”) and how their use of Red and Yellow Notices can meddle in international custody disputes. Interpol consists of 196 member states, each of which is connected through Interpol’s database. Interpol links local law enforcement agencies in each of the member states. A Red Notice is …

Gender Ideology Curriculum In Florida Schools: Parental Rights And Educator Strain, Kimberly Mack

Child and Family Law Journal

No abstract provided.

Innovating For Access: Ai-Enhanced Triage & Intake For Legal Services Organizations, Heidi Behnke

Duke Center on Law & Technology

Artificial intelligence (AI) offers opportunities to meaningfully narrow the access to justice gap by improving the ability of Legal Services Organizations (LSOs) to connect individuals with pro se resources and more effectively connect with individuals who could not otherwise advocate for themselves. Some LSO early adopters have already developed or are in the process of developing such tools. Others are unsure where or how to start.

The results of semi-structured interviews of LSO staff, technology vendors, and leaders/experts in fall 2025 provide information that may assist LSOs in responsibly integrating AI-tools into their triage and intake systems. This paper includes …

Ndls Communicator: Week Of 03.16.26, Notre Dame Law School

NDLS Communicator

The Latest News

• U.S. Supreme Court Justice Clarence Thomas Reflects on Law, Faith, and Judicial Responsibility at Notre Dame Law School
• Notre Dame Law School Delegation Visits Insper in São Paulo, Brazil for Joint Faculty Workshop and Scholarly Exchange
• Notre Dame Law School continues exchange partnership with Ukrainian Catholic University

Alumni News

• Kyle Sommer '09 J.D.

Student News

• J.S.D. candidate Perla Khattar

Faculty Briefs

• Ashley Sanchez
• Derek Muller
• Emily Bremer
• Paul Miller
• Brett Cavanaugh
• Paolo Carozza
• Jimmy Gurulé
• Mary Ellen O'Connell
• A.J. Bellia
• Patrick Corrigan
• Daniel Slate & Paolo Carozza
• Vincent Phillip Muñoz
• Lloyd Mayer

ND Law in the News …

Online Recruitment For Interview Participants Impacted By The Criminal Legal System, Sarah Lageson, Carolina R. Caliman, Elsa Chen, Ericka Adams

Qualitative Criminology (QC)

"As technology has altered communication, qualitative criminologists have turned to digital spaces for a cost-effective approach to recruit participants who have been impacted by the criminal legal system. This paper analyzes the limits and benefits of online recruitment, detailing our experience recruiting 93 interviewees online for a qualitative study of criminal record expungement. We compare three approaches: social media advertisements, Amazon’s crowdsourced MTurk platform, and the opt-in survey platform Prolific, and analyze the financial and labor costs associated with each. We detail our experience individually screening 685 interested participants to obtain 86 qualitative interviews suitable for analysis. Our experience shows …

Fragmented Responses: Variability In Law Enforcement And Prosecutorial Approaches To Sexual Assault Cases, Veronica Gonzalez

Qualitative Criminology (QC)

"Sexual assault (SA) remains a pervasive issue in the United States, marked by low reporting rates, inconsistent investigations, and limited convictions. In response, researchers and practitioners have promoted a range of best practices aimed at improving law enforcement and prosecutorial responses. This qualitative study draws on interviews with 13 law enforcement agencies and 12 prosecutors' offices to explore how recommended practices—such as victim advocacy, specialized units, interagency collaboration, and case reviews—are interpreted and operationalized in the field. Findings reveal substantial variability, shaped not only by resource availability but also by leadership priorities, organizational culture, and the ambiguity of guidance documents. …

To Protect And To Serve? A Phenomenological Exploration Of Interactions Between Black Transgender Women And Law Enforcement In The Midwest, Anthony Banks, Kelli E. Canada, Erin L. Robinson, Mansoo Yu, Lynn Mie Itagaki

Qualitative Criminology (QC)

"Current research indicates transgender women of color are experiencing what is being referred to as an “epidemic of violence.” Law enforcement personnel are in a unique position to mitigate this violence among transgender women of color, however past research shows that law enforcement may in some instances perpetuate already existing violence with this population instead of preventing and intervening in these situations. This study aimed to add to the limited research by using an intersectional theoretical framework to better understand these interactions. Research questions were answered using a phenomenological research design. Data from 36 semi-structured interviews with Black transgender women …

"This Is Not A Scam!": Assessment Of An Awareness Raising Program Tackling Older Adults' Scam Victimization In A Multi-Method Study, Katalin Parti, Pamela Teaster, Susanna Rinehart, Charles Dye

Qualitative Criminology (QC)

"Interactive theatre has long been used to educate and empower communities and prevent crime across all age groups. Although older populations are disproportionately victimized through fraudulent online schemes, effective educational interventions, like interactive theatre, have not been utilized to increase crime awareness. This paper describes an explorational research project, analyzing the results of a theatre-based fraud awareness program aimed towards educating victims and their communities about scams targeting older people. The study employs a mixed-method research design to examine program impact. In applying multifaceted tools of data collection, such as survey, participant observation, and follow-up interviews, the research team identified …

Aging On Parole: A Thematic Analysis Of The Parole Officer’S Perspective, Angela Murolo

Qualitative Criminology (QC)

"A growing proportion of people leaving prison are over 50 years old and will live at least temporarily under the supervision of a parole officer. While recidivism rates are lower for older people, there are physical, mental, and societal challenges that accompany advancing age that make successful reentry and reintegration a challenging experience compared to their younger counterparts. This presents novel challenges for parole officers who are tasked with supervising and counseling elderly people on parole. Surveys containing closed and open-ended questions were administered to N=25 parole officers to understand the differences in working with, counseling, and supervising older and …

The Multi-Hatted Court: Community Courts As Boundary Organizations, Peter Dixon, Hadar Dancig-Rosenberg

Northwestern University Law Review

As a variety of the problem-solving court model, community courts have received significant scrutiny and debate. Do they help individuals by addressing the underlying needs that contribute to criminal behavior? Do they extend an unjust criminal legal system by making help conditional upon judicial involvement? This Article moves beyond such debates to ask how community court professionals and the communities who engage with them manage these and other tensions that are inherent to the model itself. As the second in a series of articles drawing on semi-structured interviews and focus groups with diverse stakeholders at the Red Hook Community Justice …

The Vanishing Enforcer: Consumer Protection In An Era Of Dual Retrenchment, Alisher Juzgenbayev

Northwestern University Law Review

Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the White House, have significantly weakened administrative agencies. This administrative retrenchment is concerning as private enforcement of a number of consumer protection statutes has been simultaneously curtailed through the Supreme Court’s decisions in Spokeo, Inc. v. Robins and TransUnion LLC v. Ramirez, which dramatically narrowed plaintiffs’ standing. These decisions rely in part on a vision of strong executive authority, positing that broad private standing conflicts with an Article II framework where a politically accountable President faithfully implements laws …

Turning Point: Usa, 2020 Election Denialism And Its Consequences, Zack George

University Honors Theses

Current President of the United States, Donald Trump interrupted the peaceful transfer for power for the first time in 250 years. In the typical study of the events surrounding this interruption, much focus is made on the events of the January 6th Capitol Riot. Firstly, this thesis examines the 2 months in the leadup to the 2020 election and how the Trump administration acquired and attempted to execute their plans to commit a self-coup, keeping the administration in power in the face of the election victory and transition to the Presidency of election-winner, Joe Biden. Secondarily, it will contextualize and …

Broadcasting Bigotry: A Proposal To Revive Group Defamation And Hold Modern Media Accountable For The Disparagement Of Asian Americans, Dominic Roschival

University of Cincinnati Law Review

No abstract provided.

The Disparate Impact Of The California Wildfires On Minority Communities: Exposing Environmental Injustice & Zoning Flaws, Jasmyn Hardin

University of Cincinnati Law Review

No abstract provided.

Virtual Hearings, Tangible Consequences: Rethinking Remote Hearing Rules Adopted Amidst Pandemic Chaos, Elissa Jacob

University of Cincinnati Law Review

No abstract provided.