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2025 Annual Report, University Of Maine School Of Law

Clinic Annual Report

3 EXECUTIVE SUMMARY

4 2025: YEAR IN REVIEW

6 GENERAL PRACTICE CLINIC

8 PRISONER ASSISTANCE CLINIC

10 PROTECTION FROM ABUSE PROGRAM

12 REFUGEE AND HUMAN RIGHTS CLINIC

14 RURAL PRACTICE CLINIC

16 YOUTH JUSTICE CLINIC

18 CENTER FOR YOUTH POLICY & LAW

20 BUSINESS & LAW CLINIC

22 ALUMNI SPOTLIGHTS

24 DONORS AND FUNDING

26 FACULTY AND STAFF

“Downstream People:” Lessons From The Tar Creek Superfund Site And Quapaw Nation In Pursuit Of An Environmental Justice-Informed Cercla Regime, Leah Fitter

Northwestern Journal of Law & Social Policy

In 1983, the United States Environmental Protection Agency (“EPA”) designated Tar Creek, a former productive zinc and lead mining zone located in northeastern Oklahoma on land predominantly owned by the Indigenous Quapaw people, as a Superfund site. Its designation came in the wake of findings in 1980 that drainage and tailings from the site’s mining days had polluted the zone’s surface water into some of the most toxic water in the country. Tar Creek was an environmental justice disaster that disproportionately exposed the historically marginalized Quapaw Nation to hazardous mining waste and resulted in detrimental health impacts. Despite numerous demonstrations …

Federalist Politics And The Elusive Original Meaning Of The Free Exercise Clause, Jack Thorlin

Catholic University Law Review

Originalism requires interpreting the Constitution by reference to a provision’s original public meaning. But there is very little evidence of original public meaning for some constitutional provisions, most notably the Free Exercise Clause. Originalists have splintered into several different methodological approaches toward the Clause. Justices Scalia and O’Connor staked out opposing originalist views on the Clause thirty years ago in Employment Division v. Smith and City of Boerne v. Flores. In the Roberts Court, some of the conservative justices have attempted to apply a simple textualist interpretation of the Clause, but those efforts have not attracted most of the …

Transparency In Third-Party Litigation Funding: A Pathway To Protect America’S National Security Interests, Madison D. Gonzalez

Catholic University Law Review

Third-party litigation funding (TPLF) has opened the courtroom doors for many Americans who may otherwise not be able to afford to seek justice in America’s civil court system. The democratization of the civil court system has benefitted many Americans but the lack of transparency as to the true identities of those behind the litigation has sparked concerns that America’s foreign adversaries may weaponize TPLF to harm America’s national security interests through lengthy and costly litigation. To address this threat, Congress and state legislatures have begun to explore policy changes to increase transparency in TPLF. Several states have adopted disclosure requirements …

Looking For Loopholes: Are Suicide Notes Really Admissible As Dying Declarations?, Marc D. Ginsberg, Hugh M. Mundy

Cleveland State Law Review

The “classic” dying declaration under Federal Rule of Evidence 804(b)(2) is made by a person near death from fatal wounds or illness who makes a statement to a third party about who inflicted the wounds or caused the illness. The rule is based on the belief that persons making such statements are unlikely to lie as the sense of impending death removes “all temptation to falsehood.” Thus, in theory, the dying declaration bears an imprimatur of trustworthiness justifying its admission as a hearsay exception.

Still, the exception for dying declarations has been described as “the most mystical in its theory …

Unprotected In Public: Street Harassment And The Legal Control Of Female Resistance, Joanne Sweeny

Cleveland State Law Review

This Article traces the historical development of street harassment from its emergence in the Victorian era to its contemporary manifestations, situating it within broader social, legal, and gendered frameworks. It explores the cultural and structural forces that have enabled street harassment to persist over time, examining how it functions as both a method of gendered control and a reflection of public space dynamics. While street harassment has long been recognized by those who experience it as a form of violence and domination, the law has consistently failed to treat it as such. Instead, legal responses have often focused not on …

Public Means Public: A Call For Amendment Of The Copyright Act Of 1976'S Public Display Right To Immunize Private Businesses From Unintentional Infringement, Lucy Greaney

Et Cetera

Private businesses increasingly face copyright liability and burdensome licensing fees under the Public Display Provision of the Copyright Act of 1976, despite engaging in activities that cannot be truly considered public. This Note examines the historical development of the Public Display Provision, analyzes case law involving public accommodations and semi-private entities, and explores the intersection between copyright enforcement and U.S. antitrust principles. It argues that Congress did not intend for private, employee-only business settings to fall within the scope of the Public Display Provision and that the current enforcement regime enables anticompetitive licensing practices by performing rights organizations. To resolve …

Recognition Without Authority? Why Vesting Government Recognition In The U.N. Credentials Committee Would Be A Mistake, Jorge Barrera-Rojas

Washington and Lee Law Review Online

When the legitimacy of a government is contested, courts, regional bodies, and states each decide independently who speaks for the state in law. In Recognition Rules, Justin Cole, Alaa Hachem, and Oona Hathaway argue that this fragmentation imposes real costs and propose to cure them by empowering the U.N. Credentials Committee to issue binding determinations of governmental authority across all international law contexts. This Article argues that, beyond Charter obstacles to such a reform, it would be a mistake. The effective-control criterion rewards actors who seize power by force over governments that retain democratic legitimacy; binding credentials decisions would …

Reflections On Judging At The Intersection Of Constitutional Claims And Public Policy, Kimberly J. Mueller

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

When Is Style Substance?, Jordi Fernadez Servitje

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

While we are all aware of our ability to judge a book by its cover, our critical eye extends beyond the face of the book and to the font it is printed in as well. Strictly speaking, font refers to the size, weight, and style of a particular letter, while typeface refers to the overall style and design of the script. The term font comes from the days of physical printing; the font was the metal stamp used for each particular letter. Physical fonts have become antiquated by the advent of digital printing, but in common vernacular, font has remained …

The Great Depression And Canada's Major Originalist Decade, Preston Jordan Lim

Faculty Publications

Few periods of Canadian history have been as momentous or terrible as the Great Depression. The Dominion and provincial governments’ inability to combat financial and environmental catastrophe led many Canadians to openly question the appropriateness of their constitutional framework. As legal historians have since documented, many leading jurists of the time believed that a strong central government could, through the institution of national programs, contain the Great Depression; in the eyes of these 1930s jurists, the Judicial Committee of the Privy Council—then Canada’s apex court—had sapped the federal government of its powers by misinterpreting the British North America Act, 1867 …

Uscis-Grounded Ai: Preventing Hallucinations In Immigration Legal Services, Hephzibah Igwe

ONU Student Research Colloquium

Artificial intelligence chatbots increasingly provide legal information to consumers, but AI "hallucinations" (confidently stated but incorrect responses) pose serious risks in immigration law. Incorrect information about USCIS forms, fees, processing times, or filing procedures can result in visa denials, deportation proceedings, or permanent bars to entry.

This research presents a novel "source-grounded AI" system that eliminates hallucinations in immigration legal information. Rather than relying solely on large language models (LLMs) trained on general internet data, the system uses USCIS.gov as the primary source of truth for all operational data including current forms, fees, processing times, filing addresses, and policy updates. …

Utilization Of Parametric Insurance Bonds As Part Of Nepa Permitting Reform, Paul E. Traynor

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Defenders Assemble: A Blueprint For Building Antiracist Public Defender Offices, Ieshaah Murphy

Seton Hall Law Review

No abstract provided.

The Roots Of Reasoning: An Analysis Of Irac’S Reductive Framework And The Restoration Of The Rhetorical Foundation, Leslie Patrice Culver

Seton Hall Law Review

No abstract provided.

Censorship And Human Rights Violations: The Suppression Of Freedom Of Expression, Press, And Assembly In Cuba, Nicaragua, And Venezuela, Elisabell Laura Velázquez

University of Miami Inter-American Law Review

As the days, months, and years go by, Cuba, Nicaragua, and Venezuela continue to violate the fundamental human rights of their citizens. Despite worldwide technological advancements and increased access to the digital world, these regimes continuously monitor and censor their citizens, depriving them of the fundamental rights to freedom of expression, press, and assembly. This article explores how censorship can represent a systemic violation of human rights. This article argues that strengthening cooperation between different international organizations is necessary because censorship in Cuba, Nicaragua, and Venezuela is a human rights crisis that impacts civil society. Furthermore, this article explains the …

Responsibility Without Rescue: Community-Based Participatory Research, Legal Insecurity, And Ethical Accountability In Borderland Courtrooms, Ruben Morales Jr.

The Agora

In the context of immigration law and legal insecurity, this article examines how community-based participatory research (CBPR) reshapes ethical responsibility for researchers. Based on ethnographic fieldwork conducted during a National Science Foundation Research Experience for Undergraduates (NSF REU) along the border between the United States and Mexico, the study reflects on how courtroom practices reproduce access to justice, how research itself influences what knowledge becomes visible, and how the researcher’s positionality influences ethical engagement. The article finds that doing ethical research in settings of legal precarity requires the researcher to shift from a neutral observer to an accountable participant, maintained …

Socio-Legal Framework For Vulnerability: Using Public-Private Partnerships As A Tool For Disaster Management, Latisha Nixon-Jones

Pepperdine Law Review

As disasters continue to grow in size and intensity, the question arises: can governments effectively meet local and regional disaster response and recovery needs? This Article examines the history of utilizing public-private partnerships (PPPs) to enhance government functions in disaster management. The primary objective of this Article is to assess whether involving private entities in governmental roles is an effective strategy for building resilient communities and ensuring public safety, particularly for vulnerable populations. Existing literature focuses on the financial and logistical aspects of PPPs with mere mentions of legal importance. To address these failures, this Article proposes a novel socio-legal …

Trademark’S Parody Problem, Christine Haight Farley

Research Reports & White Papers

This Article challenges the Supreme Court's recent assurance that trademark parody is adequately protected under ordinary infringement doctrine without the need for special speech safeguards. In Jack Daniel's Properties, Inc. v. VIP Products LLC, the Court curtailed the principal First Amendment defense for expressive trademark uses while predicting that parodies would nonetheless prevail under the likelihood of confusion test. This Article shows why that prediction is mistaken. Drawing on recent case law and trademark doctrine, it identifies four structural vulnerabilities that now confront parody: the expansion of "trademark use" as a gatekeeping device that excludes parodists from speech-protective …

The Impact Of State And Federal Policies On Academic Researchers: Findings From A National Survey, Dylan Ruediger, Chelsea Mccracken, Jonathan Barefield

Copyright, Fair Use, Scholarly Communication, etc.

Key findings

● State and federal policies targeting divisive concepts or DEI are shaping research agendas at scale and across disciplines. Twenty percent of all respondents, and 29 percent of researchers working in states with divisive concepts or similar laws, reported having avoided certain research topics because of state laws and policies.

● Eight percent of respondents representing a wide range of disciplines reported having had a federal grant cancelled in 2025.

● Eleven percent of respondents reported that federal and state policies restricting research activities are compelling them to seek employment out of state, to leave the academy, or …

Perverse Tax Incentives And The Destruction Of Creative Works, Luke Maher

Villanova Law Review (1956 - )

No abstract provided.

Ndls Communicator: Week Of 04.20.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School hosted the annual Champions for Justice Public Interest Recognition Ceremony
• Notre Dame Law School hosted its second Affinity Alumni Weekend
• Notre Dame Law School’s Lindsay and Matt Moroun Religious Liberty Clinic filed an amicus brief on behalf of Associate Professor of Law Rev. Patrick Reidy, C.S.C. in St. Philip Neri Catholic Church v. Indianapolis Historic Preservation Commission.
• The Notre Dame Law School Program on Church, State & Society has awarded 2026 summer fellowships to Steph Luiz, Christian Baldari, Angela Rauch, and Paul Sheehan

Student News

• Matilda Koduh, 2L
• Grace Yeo, 2L
• Steven …

Prompt Engineering For Lawyers: Free Your Mind: Flipped Interactive Prompting And Perspective Switching, Cliff Mckinney

Arkansas Law Notes

The next prompt engineering method we are going to evaluate could be considered a form of the Socratic Method. The flipped interactive prompting method asks the artificial intelligence model to ask clarifying questions in response to a prompt, thereby refining and deepening the analytical quality of an answer. This method can be especially useful in litigation or when an issue is controversial or subject to multiple interpretations.

After exploring prompt engineering, we will then turn to perspective switching. Perspective switching allows the artificial intelligence model to switch between different viewpoints or roles. For instance, the model might start by acting …

Prompt Engineering For Lawyers: We Will Add Your Distinctiveness To Our Own: Iterative Refinement And Prompt Chaining, Cliff Mckinney

Arkansas Law Notes

In the last edition, we explored two advanced prompt engineering techniques, chunking and few-shot prompting. In this edition, we will examine two more useful techniques: iterative prompt refinement and prompt chaining. Iterative prompt refinement involves repeatedly rephrasing and refining questions to lead to a better response. Prompt chaining involves guiding the artificial intelligence through related multi-step reasoning.

At first glance, iterative prompt refinement and prompt chaining may seem like the same concept, but the key difference lies in their approach. Refinement improves a single prompt through repeated adjustments, whereas chaining links a series of prompts together to tackle different stages …

Confidentiality Of Ai Conversations: Protecting Self-Represented Litigants Who Use Chatgpt For Legal Advice, Anoo D. Vyas

Duke Law & Technology Review

When a layperson uses ChatGPT to obtain feedback on a legal matter, attorney-client privilege may not apply, as ChatGPT is not a lawyer, much less a human. Further, while lawyers are entitled to protection for their opinion work-product, it is not clear whether self-represented litigants are entitled to the same protection. Additionally, the broader duty of confidentiality binds only attorneys, not AI systems like ChatGPT. The public increasingly uses AI tools such as ChatGPT. If a layperson employs ChatGPT for legal advice, particularly in a civil matter, such communications may be discoverable and potentially admissible. This presents an access to …

Using Ai To Identify National Security Threats: A Holistic Examination Of The Legal Risks And Increased Need For Regulation, Skylar Mcvicar

Duke Journal of Constitutional Law & Public Policy Sidebar

Artificial intelligence (AI) is integrating rapidly into daily practice, including in the national security sector. AI has the potential to improve bureaucratic efficiency, enhance military intelligence and threat assessment, and develop autonomous vehicles and weapons, making it a revolutionary tool in national security. Since AI implementation is a relatively recent phenomenon, there is currently limited governmental regulation in place to safeguard against potential violations of civil liberties and other legal risks. Given AI's capacity to infringe on certain civil liberties such as the Fourth Amendment right to privacy and the Fourteenth Amendment protection against discriminatory policies, establishing strong oversight measures …

Prompt Engineering For Lawyers: How Deep The Rabbit Hole Goes: The Chunking Technique And Few Shot Prompting, Cliff Mckinney

Arkansas Law Notes

There are many different strategies and techniques that can be applied to prompt engineering. However, there are six methods that are particularly useful for lawyers: Chunking, which involves dividing a large task into smaller, more manageable requests; Few-shot prompting, which involves giving artificial intelligence examples to guide a response; Iterative prompt refinement, which involves repeatedly rephrasing or refining questions to lead to a better response; Prompt chaining, which involves guiding the artificial intelligence through related multi-step reasoning; Flipped interaction prompting, which involves asking the artificial intelligence to ask the user questions to prompt new thoughts, like the Socratic method; and …

I’M Going To Need To See Some Id: Free Speech Coalition V. Paxton And Online Age Verification, Kyle Korte

Maryland Law Review

No abstract provided.

For You Or Forbidden: Tiktok V. Garland And The Tiktok “Ban,”, Kyra Wisneski

Maryland Law Review

No abstract provided.

Don’T Just Ask The Kids: Toward A More Deliberate Approach To Child Advocacy, Dale Margolin Cecka

Maryland Law Review

No abstract provided.