Digital Commons Network^™

Over The Line: Assessing The State Of Ballot-Based Associational Rights In A Post-Kim New Jersey, Josh Kutner

Seton Hall Law Review

No abstract provided.

Unlocking The Benefits Of Transparent And Reusable Science For Climate Risk Management, Adam B. Pollack, Lisa Auermuller, Casey D. Burleyson, Jentry Campbell, Madison Condon, Courtney Cooper, Matteo Coronese, Sönke Dangendorf, James Doss-Gollin, Prabhat Hegde, Casey Helgeson, Robert E. Kopp, Jan Kwakkel, Corey Lesk, Justin Mankin, Robert E. Nicholas, Jennie Rice, Samantha Roth, Vivek Srikrishnan, Moira Scheeler, Nancy Tuana, Chris Vernon, Mengqi Zhao, Klaus Keller

Faculty Scholarship

People around the world seek climate risk information to guide their decisions. For instance, projections about future flood risk inform where households choose to live, how lenders manage credit risks, and which communities receive federal funding. Yet data limitations and fundamental validation challenges raise important concerns about the reliability of such projections. The principles of transparency and reusability help address these concerns by enabling scrutiny of assumptions and methods, development of foundational data and tools, and consistent application of evaluation standards. While there is ongoing debate about how much transparency commercial climate risk services should provide, many expect noncommercial actors …

Table Of Contents

American Indian Law Journal

No abstract provided.

The Tribal Rules Of Evidence, Nicole Morote

American Indian Law Journal

Rules of evidence shape litigation practice across the country. In this sense, they govern the truth as it enters the court. Legal scholarship has yet to study tribal approaches to evidence— an area with tremendous promise for legal practitioners and evidence rulemakers alike.

This Article is the first to do so. It analyzes an array of tribal evidence codes across the United States. It reveals three frameworks that describe tribes’ approaches to the Federal Rules. In doing so, it offers a modest contribution to the nascent intersection between Tribal law and evidence studies: crucial insight into tribal systems’ unique needs, …

Officers On Patrol: Perspectives Of An Arrest On Past And Present Law Enforcement Officers, Shanee N. Ellington

Doctoral Dissertations and Projects

While attempting to apprehend suspects, police officers must contend with complex obstacles arising from the arrest's legal, ethical, and sociopolitical context. Officers had to follow their department’s guidelines while also developing legal procedures when carrying out an arrest. The study focused on how an officer’s perception of arrest decisions and procedures encapsulated challenges and ethical dilemmas. Through a semi-structured interview with twenty respondents, this research explored the implications of arresting behaviors on officers’ professional identity formation and development. The data analysis followed the grounded theory approach, which focused on identifying differences and similarities between former and current officers over time. …

Editorial

Indian Journal of Law and Technology

No abstract provided.

The Evidence Machine: Rethinking Admissibility And Privacy In India's Ai Surveillance State, Samyukta Ramaswamy

Indian Journal of Law and Technology

The proliferation of artificial intelligence (‘AI’) surveillance technologies that utilise machine learning (‘ML’) capabilities to gather and process information to derive insights about individuals has transformed the surveillance landscape by enabling governments and private entities to engage in increasingly pervasive monitoring and data-driven profiling. In India, this transformation is compounded by the presence of executive-controlled surveillance mechanisms under the legal framework of the Telecommunications Act 2023, the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules 2024, and the Digital Personal Data Protection Act 2023, amongst others, which authorises wide-ranging data interception and dragnet surveillance while exempting government agencies …

Indian Copyright Law In The Age Of Genai: Knowledge/Power, Patchwork, And Peril, Lokesh Vyas, Luca Schirru

Indian Journal of Law and Technology

Isn’t copyright law an analog relic, striving to stay relevant in a digital world and hoping to survive an AI-driven and quantum-coded future? We argue it is. It is a law, born in a world of paper and print, now finding itself (again) patching its foundations to keep pace with generative AI (‘GenAI’). This unruly, still-developing technology not only redefines creative processes but also challenges the very assumptions of authorship, creativity, and copying. While discussions on this technology and copyright law abound, amid all the noise, one question simmers beneath the surface: ‘Is the very way we approach GenAI and …

A Human Enablement Theory Of Copyright, Akshat Agrawal

Indian Journal of Law and Technology

Copyright policy, designed to protect creators and disseminators from market imperatives, has ironically deepened their market dependency. This transformation stems from two critical theoretical errors: first, the “incentives”/“reward for labour” story that mistakes protection from market pressures for market encouragement; second, market fundamentalism that treats exclusionary rights as natural and as the source of “liberty”. These misconceptions, reinforced by fallacies about pre-social creativity and physicalism, have transformed copyright from an enabler in a market society into one that commodifies creative expression itself, intensifying rather than ameliorating the economic vulnerability of cultural producers.

This theoretical misunderstanding has produced three interlocking harmful …

Note From The Editor

Alaska Law Review

No abstract provided.

The Corpus Juris Of (Alaska Native) Inherent Tribal Sovereignty, Nazune Menka

Alaska Law Review

The inherent Tribal sovereignty of Native nations predates the formation of the United States and is reflected in the constitutional vision of tripartite sovereignty. Yet their sovereignty is oft diminished explicitly by federal law or implicitly by federal courts. This implicit divestiture is often the result of the federal judiciary’s inconsistent interpretations of Indigenous Peoples law. This Article argues that a more principled and coherent approach for federal judges would be to consistently make use of the corpus juris, or whole body of law, including the in pari materia or affiliated statutes canon. The Article posits that the corpus juris …

Anchoring Deference: The Chevron Doctrine, Loper Bright, And Alaska Administrative Law, Jon W. Katchen, Will R. Crowther

Alaska Law Review

After statehood, the Alaska Supreme Court operated on a blank legal slate. No Alaska precedent, for example, addressed the fundamental question of when courts should defer to an agency’s statutory interpretation. In addressing this issue, the Alaska Supreme Court largely adopted the framework developed by federal courts in the 1950s and 1960s, prior to the emergence of the Chevron doctrine. The federal case law from this era relied on nebulous standards to guide when an agency’s interpretations were subject to the deferential reasonable basis review. Not surprisingly, by adopting that federal jurisprudence, Alaska precedent suffers from the same shortcomings. And …

Circumscribing Alaskan Law Enforcement’S Access To Pretrial Electronic Monitoring Location Data, Rosa Gibson

Alaska Law Review

In Alaska, pretrial detainees comprise much of the state’s prison population. Electronic monitoring—made possible by recent bail reforms—provides a pathway to pretrial release for those who cannot afford to pay bail. Using GPS data, the Pretrial Enforcement Division can monitor the location of a releasee’s ankle monitor for supervisory purposes. But when law enforcement seeks warrantless access to that data to investigate crimes other than the one for which a releasee is awaiting trial, that intrusion raises concerns under Alaska’s constitutional right to privacy. This Note argues that the Alaska judiciary, which is best positioned to guard the privacy of …

Fair And Balanced: Why We Need A Federal Anti-Slapp Law For Good-Faith Journalism, Christian H. Ross

Duke Law Journal

Strategic lawsuits against public participation (SLAPPs) pose a serious threat to free expression, often targeting journalists and media outlets to intimidate or silence critical reporting. Many states have adopted anti-SLAPP statutes that provide procedural protections for speech to deter meritless, speech-chilling suits. But not all states have such laws, resulting in a patchwork of uneven speech protections across the United States. Even where such laws exist, SLAPP plaintiffs can often evade them by forum-shopping or removing to federal court, where state anti-SLAPP provisions do not always apply. In the absence of a federal anti-SLAPP law, journalists across the country remain …

Cardozo Law Photograph Collection, Dr. Lillian & Dr. Rebecca Chutick Law Library

Finding Aids

The Benjamin N. Cardozo School of Law Photograph Collection documents the history of the law school through photographs of faculty, students, alumni, commencements, academic conferences, lectures, receptions, and other institutional events. The collection includes photographic prints, negatives, and related papers dating from the late 1970s through the 2010s, with the bulk of materials dating from the 1990s and 2000s. This finding aid provides a container-level inventory of the collection.

Extent: 4 linear feet (4 photograph boxes) and 2 oversize boxes (20 × 16 × 5 inches each).

Provenance: Compiled by former Cardozo Law administration and communications staff and subsequently transferred …

Use Laws Of Attraction: The Gravitational Pull Of A U.S. Space Court, Caleb Zachary Morris

Georgia Journal of International & Comparative Law

No Man’s Land Another crude mission into the darkness we’ve dreamed, our intuition scream, and with no one there to hear it the truth of our condition only ever harkens to the meanings and the means we rectify with words and spirits. Yes, the human mind cannot help but defy conventions, intentional or otherwise, necessity always inspiring invention. —Stan Vilensky

Land Use Zoning: The Answer To Housing Affordability? A Look At Aukland, New Zealand And Minneapolis, Minnesota, Charlsey Kelly

Georgia Journal of International & Comparative Law

For many individuals, purchasing their first home is a monumental step which they look forward to for years. Homes are one of the most valuable assets individuals purchase within their lifetime. In the current housing market, reaching this milestone is becoming more and more difficult for individuals. Adequate and affordable housing is scarce. This is not just an issue plaguing the United States, but it is an issue many metro areas worldwide currently face.

The Right To A Fair Trial In International Law And African Experiences, John Mukum Mbaku

Georgia Journal of International & Comparative Law

A country’s system for the administration of justice significantly impacts the rights and lives of its inhabitants, which may include citizens, nationals, and temporary residents (e.g., refugees, asylum seekers, religious pilgrims, and other travelers in transit). A robust and fair system for the administration of justice is an important element of the rule of law and serves as a guard against impunity in general and the abuse of human rights and fundamental freedoms in particular. Such a robust system for the administration of justice is especially important for the protection of the rights of vulnerable groups (e.g., women and girls, …

Usaid Grant Recipient Data Fy2002-2025, Susan Turner Haynes

Faculty Works

Grant recipient data from USAID from fiscal years 2002-2025.

Vol. 70, No. 1 (January 12, 2026)

Indiana Law Annotated

No abstract provided.

Ndls Communicator: Week Of 01.12.26, Notre Dame Law School

NDLS Communicator

The Latest News

• A Global Ripple Effect: Notre Dame Exoneration Justice Clinic Expands Access to Justice in Kenya with the Strathmore Legal Aid Caravan

Alumni News

• Judge Elizabeth F. Tavitas ’85 B.A., ’90 J.D.

Student News

• Tyson Weeks
• John Blatt, Chloe Finn, and Grace Yeo
• Dennis Wieboldt

Faculty Briefs

• Paolo Carozza
• Kari Gallagher
• Lloyd Mayer
• Roger Alford
• Dian Desierto
• Mary Ellen O'Connell
• Kevin Murphy

Events

• Faculty Colloquium - Christian Burset, The Origins of Statutory Stare Decisis
• Faculty Meeting
• Walk the Walk Week

Around the Watercooler

• Pictures from the Retirement Party for Debbie Weiss

Delegation And Agency Deference In Financial Regulation: A Comparative Eu-U.S. Perspective, Rosa M. Lastra, Patricia A. Mccoy

Law and Contemporary Problems

No abstract provided.

Systemic Risk And Macroprudential Regulation, Seraina Grünewald, Jeremy Kress

Law and Contemporary Problems

No abstract provided.

An Ocean Apart: The Regulation Of Financial Technology In The United States And European Union, Dan Awrey, Pauline Pailler

Law and Contemporary Problems

No abstract provided.

The Divergence Of Mandatory Climate Disclosure In The United States And European Union, Alessio M. Pacces, David Zaring

Law and Contemporary Problems

No abstract provided.

Sustainability Assurance, Luca Enriques, Alessandro Romano, Andrew F. Tuch

Law and Contemporary Problems

No abstract provided.

Ethics Of Artificial Intelligence For Lawyers: Shall We Play A Game? The Rise Of Artificial Intelligence And The First Cases, Cliff Mckinney

Arkansas Law Notes

In the 1983 movie WarGames, a young computer hacker accidentally accesses a United States military supercomputer programmed to run nuclear war simulations. Four decades after WarGames, lawyers are now facing similar challenges of learning to use and communicate with artificial intelligence––hopefully without destroying the world. Artificial intelligence tools, such as ChatGPT, Claude, and Gemini, are quickly being incorporated into legal practice. These systems can draft documents, perform analysis, and support other legal tasks. While lawyers adjust to these new technologies, courts and regulatory authorities are actively developing appropriate frameworks to guide and supervise the use of these tools within the …

Soft Law Governance Of Artificial Intelligence In Healthcare, Gary E. Marchant

Akron Law Review

No abstract provided.

Reconnect Or Disconnect?: Using Technology To Address Loneliness And Social Isolation For Aging Adults And Its Regulation, Laura C. Hoffman

Akron Law Review

No abstract provided.

Death Of Substantiality: Why The Legal System Should Rethink The Application And Weight Of This Fair-Use Factor In The Context Of Social Media, Lindsey Vickers

Washington Journal of Law, Technology & Arts

The fair use test for exemption for liability from copyright infringement was codified in the 1970s and has not been updated since—despite major technological changes in the interim. While three of the test’s four prongs are still useful when applied to short-form media that now dominates worldwide media consumption, the factor that considers the substantiality of the portion used relative to the total work is obsolete. The current dysfunctionality of this prong in social media settings is not the only reason it should be reassessed by courts and Congress. The prong and its analysis are a bit of a Frankenstein. …