Digital Commons Network^™

Scotus's Summer Of 2022: Obfuscation Of And Disdain For Rationality And The Traditional Personal Liberties Framework, Roy G. Spece Jr.

Kentucky Law Journal

No abstract provided.

The Law Fox Manifesto, Benjamin H. Barton

Kentucky Law Journal

No abstract provided.

Artificial Intelligence And The Prohibition On The Use Of Force: Intention And Causation, Russell Buchan

International Law Studies

This article explores the application of Article 2(4) of the United Nations Charter to AI-enabled systems that carry out unintended engagements involving the use of force. First, it analyzes whether State responsibility for a breach of the prohibition on the use of force is defined in subjective or objective terms. Most commentators maintain that a State must intend to use force against the victim State in order for the prohibition to apply. However, through an examination of State practice, this article demonstrates that the prohibition is based on objective responsibility. Second, this article assesses whether a State must cause the …

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 …

Education Standards And The United States Military, Makayla Donnelly

Liberty University Journal of Statesmanship & Public Policy

The United States military has been observed by many conservative and libertarian think tanks, such as The Heritage Foundation and CATO, as losing strength and effectiveness. Many outside these major think tanks are concerned about why defense takes up so much of the discretionary budget when the military seemingly continues to decline as most military branches fall short on their recruitment quotas. To boost recruitment and bolster the US military several branches have reexamined policies and altered them to expand the recruiting pool. One policy that is being investigated for reexamination is education standards. Education standards in some branches may …

Sweat And Subjectivity Copyright Impulses, Danny Friedmann

Fordham Intellectual Property, Media and Entertainment Law Journal

Generative artificial intelligence (gAI) is generating vast vol- umes of content, including visual art with minimal human effort that competes directly with visual artists and threatens to dilute human culture in the process. In response, courts and copyright offices are quietly reintroducing two doctrines long considered incompatible with modern copyright: sweat of the brow, which rewards labor over originality, and aesthetic discrimination, which risks conditioning protection on perceived merit.

This article is the first to demonstrate how legal authorities are reintroducing these discredited doctrines under the guise of regulating AI-assisted outputs, thereby eroding the set of copyright doctrines accepted by …

The 1935 Nazi Nuremberg Laws In Historical And Legal Context, Menachem Z. Rosensaft

Cornell Law Faculty Working Papers

The core ideology of Hitler Germany — of the Third Reich — was the hardcore, unremittent antisemitism that in short order permeated German society and the German legal system before creating the necessary conditions for the genocide of all Jews under Nazi control.

Two preliminary observations. First, should we view the 1935 Nuremberg laws and other German anti-Jewish laws and measures of the 1930s as the first stages of a process designed culminate in the annihilation of Jews, or were they drafted and enacted by individuals who, at that point in time, were not envisioning a “Final Solution of the …

The Interpretive Foundations Of Arbitrary Or Capricious Review, Alexander Mechanick

Kentucky Law Journal

No abstract provided.

Art, Antiquities, And Money Laundering, Derek Fincham

Kentucky Law Journal

No abstract provided.

From Buckley To Citizens United: Focusing On The Symptom Instead Of The Disease, Whittington C. Wiman

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.

Roots In South Omaha: Navigating Identity, Culture, And Justice, Natalia Lopez

Nebraska Journal on Advancing Justice

No abstract provided.

Introduction, Nicholas L. Marti

Nebraska Journal on Advancing Justice

No abstract provided.

The Racial Wealth Gap Is A Racial Health Gap, Aurora J. Grutman

Kentucky Law Journal

No abstract provided.

Interest Convergence And The Racial Wealth Gap: Defusing Racism's Divide-And-Conquer Via Universal Basic Income, Palma Joy Strand, Nicholas A. Mirkay

Kentucky Law Journal

No abstract provided.

The Fact-Finders' Dialectic: Beyond Rationalist Optimism And Realist Pessimism, Michael Head

Kentucky Law Journal

No abstract provided.

Personal Remembrances Of Mr. Justice Holmes By His Former Law Clerks, Chauncey Belknap, Laurence Curtis, Charles Denby, John E. Lockwood, Alger Hiss, Robert W. Wales, Mark Dewolfe Howe

Florida 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 …

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

On Non-Conventional Marks And Chatgpt Evidence: A Case Comment On Christian Louboutin Sas V The Shoe Boutique (2023), Rahul Hemrajani

Indian Journal of Law and Technology

No abstract provided.

Ai Mediation — Ethically Questionable?, Steven Nappi

Cardozo Journal of Conflict Resolution (CJCR) Blog

Artificial Intelligence (“AI”) is an imperative aspect of modern society. However, in the legal field, AI must be used with the utmost discretion. Earlier this year, an attorney from Utah used ChatGPT to create a brief which produced a case that does not exist. In response, the Utah Court of Appeals sanctioned the attorney. Nevertheless, at the 2025 ABA TECHSHOW, a legal tech startup launched an artificial intelligence mediator.

Evidently, an attorney cannot ethically use AI to write a brief defending their client in litigation. Yet, the underlying question remains: why should AI be replacing human mediators?

The print edition …

Ndls Communicator: Week Of 11.03.25, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law Professor Jimmy Gurulé discusses Exoneration Justice Clinic's work in an interview with renowned journalist Carmen Aristegui
• The Global Human Rights Clinic participated in a series of high-level engagements during International Law Week at the United Nations Headquarters in New York.

Faculty Briefs

• Mary Ellen O'Connell
• Daniel Slate
• Emily Bremer
• Christine Venter
• Nicole Garnett and Maria Paz Madrid
• Derek Muller

Events

• Faculty Colloquium
• Veterans Law Presentation
• Politics and the DOJ
• The Meaning of Natural
• Justice Amy Coney Barrett Moot Court Tournament Semi-Finals
• Provost Open Office Hours
• Rice-Hasson Distinguished Lecture Series

Around the Watercooler

• Staff Spot Awards

The Role Of The Preamble: Evidence From The Constitutional Convention And The Ratification Debates, Stuart Ford

Texas A&M Law Review

This Article explores the role of the Preamble in constitutional interpretation by looking at how it was perceived at the founding. It does this in three ways. First, it explores how preambles were used in eighteenth-century America. At the time, preambles were almost universally understood to be key to interpreting the laws and constitutions they preceded. This shared understanding forms the backdrop against which the Preamble was received by the founding generation. Second, it looks at the records of the Constitutional Convention for evidence of what role the drafters expected the Preamble to serve. Unfortunately, the records of the Convention …

Does The Law Ever Run Out?, Charles F. Capps

Notre Dame Law Review

Although laypeople commonly believe that a judge’s job is to decide every case as the law requires, a broad consensus exists among legal scholars that the law not infrequently “runs out,” leaving the judge to decide the case on extralegal grounds. This Article subjects that consensus to critical scrutiny. Tentatively, the Article concludes that none of the alleged sources of indeterminacy in the law—including permissive rules, balancing tests, vagueness, ambiguity, silence, contradictions, and uncertainty—actually causes the law to run out. More confidently, the Article maintains that the extent to which the law runs out, if it does at all, depends …

A Crisis Of Consensus: The Supreme Court’S Legitimacy And Recent Challenges Thereto, Abby Ulman

Notre Dame Law Review

Part I retells the history of Supreme Court decisions—from the time when Justices followed the British practice of issuing seriatim opinions to the time of Chief Justice John Marshall who instituted a policy of a single opinion for the Court. This norm of consensus lasted 140 years, during which the Court decided more than ninety percent of its cases unanimously. However, modern practice has been marked by division and dissensus, which have incited rhetoric of delegitimization. Part II examines two types of consensuses. Section A discusses internal consensus, or the extent to which the Justices agree with each other. Yet …

Habeas Corpus And Void Judgments, David Kinnaird

Notre Dame Law Review

In a string of recent opinions, Justice Gorsuch and Justice Thomas have posited that postconviction relief upon a writ of habeas corpus was historically unavailable except where the judgment of conviction was issued by a court lacking jurisdiction. In light of this history, Justices Gorsuch and Thomas have argued for a reconsideration of the modern scope of the writ, which generally allows for relitigation of alleged constitutional error in the course of criminal trial.

This Article argues that Justices Gorsuch and Thomas have the history half right. They are correct to assert that a valid judgment of conviction was a …

Emirati Administrative Law In Confronting The Impacts Of Climate Change, Prof. .Montassar Elouardi

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

The study is grounded in a central thesis of significant methodological depth: administrative law in the United Arab Emirates is undergoing a profound structural transformation, one that entails a reconfiguration of several classical concepts that have historically shaped the discipline. This conceptual rearticulation results from the integration of the phenomenon of climate charge – understood in its technical, systemic, and global dimensions – into the very core of administrative law’s field of concern.

1- The study demonstrates that climate change no longer belongs solely to the realm of environmental law or public international law; it has become a fully-fledged administrative …

From Prestige To Performance: Evaluating Law School Outcomes Using Value-Added Modeling, Jason Scott, Andrea Pals, Dominique Monserrat

AccessLex Institute Research

Bar passage and employment rates are widely used to evaluate law school performance, yet these raw outcomes often reflect student selection rather than institutional performance. This study applies a value-added modeling (VAM) framework to assess the contributions of law schools to student success, controlling for prior achievement and contextual factors. Using a 10-year panel dataset of 189 ABA-accredited law schools, we estimate fixed-effects models to isolate the impact of the law school learning environment on first-time bar passage and law-related employment. Our findings reveal that schools traditionally viewed as underperforming often exceed expectations when student background is accounted for, challenging …