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Military Service Academies: The Final Battleground For Affirmative Action, Krista Trefen

American University Law Review

The future of affirmative action in the United States military service academies faces critical uncertainty following the Supreme Court's decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, which ended race-conscious admissions practices in higher education. Although the Court explicitly excluded the service academies from its holding, reserving space for race-conscious practices tied to national security-the Naval Academy, Military Academy, and Air Force Academy have recently indicated they will discontinue the use of affirmative action in response to changes in Department of Defense policy.

This Comment examines the historical and statutory foundations of the military …

Legal Pluralism In Canada And The Vitality Of Indigenous Law, Kent Mcneil

Conference Papers

State law in Canada consists of the civil law in private law matters in Quebec and the common law in public law matters there and generally in the rest of the country, supplemented by legislation. Legislative authority is divided by the Constitution Act, 1867,1 between the federal government and the ten provinces. In addition, the three territories – Yukon, Northwest Territories, and Nunavut – have legislative authority that has been delegated to them by the Parliament of Canada. This federal division of powers means that there is federal law that is generally uniform throughout Canada (e.g. criminal law) and provincial …

Dignitatis Humanae, Francis J. Beckwith

Loyola University Chicago Law Journal

Sixty years ago the Second Vatican Council issued the document Dignitatis Humanae, a declaration on religious freedom. At the time it was considered to be the Catholic Church's most significant concession to the modern world, though the Council argued that the declaration was, given the political and religious realities at the time, a legitimate doctrinal development rooted in the Church's most ancient teachings. Its defense of religious liberty relied on widely held and uncontroversial beliefs about human nature, the common good, and the meaning of religion. But since the beginning of the 21st century those beliefs have been challenged …

The Problem Of Purpose In Corporate Law, Matthew T. Bodie, Grant M. Hayden

Articles

For the last half century, shareholder primacy has reigned as the dominant definition of corporate purpose, as to both the purpose of individual companies and corporate law more generally. Recently, however, the Business Roundtable, the American Law Institute’s Restatement of the Law: Corporate Governance, and many business and legal academics have developed new answers to explain why we have corporations, and the ends to which their massive economic powers should be directed. This Essay endeavors to reframe the focus of the debate beyond purpose itself into the realm of actual governing power. In order to be meaningful, purpose needs governance. …

Presidential Control And Administrative Capacity, Nicholas Bednar

Articles

Presidential control is the power to direct administrative capacity toward the President’s own policy objectives. Accordingly, presidential power vis-à-vis administrative policymaking has two necessary components: control and capacity. First, the President must have the ability to set the agency’s policymaking agenda and direct the day-to-day activities of its leadership and career employees. Second, the agency needs a well-managed team of policymakers with expertise and experience in both the substantive policy area and the policymaking process. Yet scholars have long assumed—without much empirical testing—that the administrative state has sufficient capacity to implement the President’s agenda. Not so.

This Article argues that …

The Magna Carta, Jarkesy, And The Constitutional Jury Requirement In Crime-Based Deportation, Linus Chan, Hans Frank-Holzner

Articles

No abstract provided.

Executive Clemency And Immigration Federalism: Reconsidering Presidential Power Over Deportation Orders, Linus Chan, Emma Wittmer, Lauren Butler

Articles

No abstract provided.

Reclaiming The Genius Of A Free State, Tennessee's Forgotten Anti-Monopolies Clause, Braden H. Boucek

Belmont Law Review

This article argues that Tennessee’s Anti-Monopolies Clause—enshrined in Article I, Section 22 of the Tennessee Constitution since 1796—has been systematically underenforced and misconstrued by Tennessee courts. Although the constitutional text unequivocally provides that “monopolies are contrary to the genius of a free State and shall not be allowed,” judicial interpretation has diluted this categorical prohibition by importing deferential federal rational basis review and engaging in “lockstepping” with federal substantive due process doctrine. The author contends that this approach is doctrinally unsound because the U.S. Constitution contains no analogous anti-monopoly provision, rendering federal precedent inapposite. Through historical analysis grounded in originalist …

Pure Imagination: A World Of Agentive Ai And Anti-Adhesion Contracting, Jeff Lingwall, Steven Hyde

Belmont Law Review

Jeff Lingwall and Steven J. Hyde’s Pure Imagination: A World of Agentive AI and Anti-Adhesion Contracting examines the transformative—and destabilizing—effects of large language models (LLMs) on contract law. The Article situates LLM-mediated contracting within the historical evolution of contractual formalities, arguing that agentive AI introduces a new phase in which negotiation, offer, acceptance, performance, and even litigation may be conducted without meaningful human mediation. The authors develop a model of legal risk that increases as LLMs shift from human-reviewed drafting tools to autonomous agents purporting to negotiate or bind parties. They then explore the possibility of “anti-adhesive” mass-bespoke contracts, in …

Harvesting Humans, Joanmarie Ilaria Davoli

Belmont Law Review

This Article examines allegations of systematic forced organ harvesting by the People’s Republic of China and argues that existing U.S. federal criminal law provides an underutilized mechanism to deter American participation in that industry. Tracing the historical development of China’s transplant system—from the use of executed prisoners to the alleged targeting of prisoners of conscience, including Falun Gong practitioners and Uyghurs—the Article situates organ procurement practices within broader human rights and genocide concerns. It contends that despite congressional hearings, resolutions, and proposed sanctions, meaningful deterrence has been limited. The Article advances a novel enforcement theory: prosecution of U.S. persons under …

But-For Or Not But-For, The Question Is Answered, Samuel Rawlings Barnett Jr.

Belmont Law Review

In But-For or Not But-For, the Question Is Answered, Samuel Rawlings Barnett Jr. examines the ongoing federal circuit split regarding the appropriate causation standard for retaliation claims under the Family and Medical Leave Act (FMLA). While some circuits apply a “motivating factor” standard, others require plaintiffs to prove “but-for” causation. The Note situates this division within the Supreme Court’s broader shift in employment discrimination jurisprudence from the mixed-motive framework of Price Waterhouse v. Hopkins to the stricter “but-for” standard articulated in Gross, Nassar, and Comcast. Through close statutory analysis of 29 U.S.C. § 2615(a)(1) and § …

Coerced Into Confession: Prosecutorial Pressure And The Misuse Of Plea Bargaining, Molly Mceachern

Belmont Law Review

This Note examines the coercive dynamics embedded in modern plea bargaining and argues that prosecutors’ reliance on conviction rates as a primary measure of success distorts the administration of justice. Tracing the historical evolution of plea bargaining from early English common law skepticism to its constitutional legitimization in Brady v. United States, the article demonstrates how plea bargaining has shifted from a pragmatic case-management tool to a dominant and often coercive mechanism of criminal adjudication,

Medicare Mandates For Shared Decision Making With Patient Decision Aids: Linking Payment To Preference, Thaddeus Pope

Faculty Scholarship

Since 2015, the Centers for Medicare and Medicaid Services (CMS) has increasingly required shared decision making with evidence-based patient decision aids as an essential Medicare condition for payment. CMS is doing this because it recognizes that most healthcare is preference sensitive and value laden. So, whether treatment is “right” or “beneficial” for a patient is not only a matter of clinical expertise. It equally depends on the patient’s values, preferences, and goals. So, CMS wants to ensure that patients understand the risks, benefits, and alternatives to the healthcare that they receive and for which CMS pays. In short, under its …

2025–2026 Bulletin Of Information, Notre Dame Law School

Bulletins of Information

CONTENTS

• Admissions Information
• Academic Calendar
• Tuition and Fees
• Academic Requirements
• Off-Campus Programs
• Department of Veteran Affairs Pending Payment Policy
• Senior Administrative Leadership
• Hoynes Code

Health Care Corporatization As A Catalyst For Wellness Legal Partnerships, Barbara Zabawa

Faculty Works

The increasing presence of private equity investment in physician practices reveals that current health law practice sites such as in-house, corporate law firms, and Medical Legal Partnerships (MLPs) are ill equipped to address patient harm from health care corporatization. A new type of health law practice is needed to address the adverse impact health care corporatization is having on health care purchasers (primarily employers and patients) and physicians. I label this new health law practice the Wellness Legal Partnership (WLP), modeled after the Medical Legal Partnership (MLP). WLP lawyers can look to systems leadership theory, lawyer fiduciary duties, and health …

No More Wild West: The Need For Wellness Professional Standards, Barbara Zabawa

Faculty Works

The burgeoning wellness industry attracts a lot of practitioners who are largely unregulated. This “wild west” of wellness creates uncertainty for insurers, employers, consumers and practitioners as to what services and items wellness practitioners can offer, whether those practitioners are qualified and whether they behave in an ethical manner. Some guideposts for these wellness stakeholders would be welcome and may reduce consumer harm. Guideposts for wellness is especially crucial in a time when the Braidwood v. Becerra case threatens the delivery of preventive care services by the health care sector. As we have learned from the health care sector, the …

Historical Perspectives On Family Law: An Annotated Bibliography, Allen Roston

Faculty Works

This bibliography lists articles and books that provide historical perspectives on major aspects of family law. It focuses on legal history, but it includes some works that look at family relationships and issues through the broader lenses of social history, cultural history, or other historical approaches.

6. Mark: Sources And References, Matthew Lipman

Secondary School Curriculum

This sequential bibliography matches the 1980 edition of Mark page by page. It contains both sources—works that influenced Matthew Lipman in writing the novel—and references to philosophical works he and Ann Margaret Sharp recommend to explore the novels’ philosophical themes.

To Insure Domestic Tranquility And Provide For The Common Defence: The Preamble's Concern With Internal And External Threats, Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Annual Survey Of Georgia Law: Legal Ethics, Patrick Longan

Articles

This Survey covers the period from June 1, 2024–May 31, 2025.1 The Article discusses developments with respect to lawyer discipline, bar admission and reinstatement, malpractice, ineffective assistance of counsel, disqualification of counsel, judicial misconduct and recusal, attorney’s fees and liens, contempt and other sanctions, unauthorized practice of law, attorney-client privilege, prosecutorial misconduct, amendments to the Georgia Rules of Professional Conduct, advisory opinions, one miscellaneous matter, and potential reforms to the delivery of legal services.

Our Partisan Supreme Court And An Essential First Step Toward Reclaiming What's Been Lost, Gary Simson

Articles

Partisan decision-making by even only one Supreme Court Justice in a single case is not a trivial matter. The ill effects are greatly compounded when five or more Justices of a similar partisan bent regularly deliberate about, and decide, cases in a partisan way. At that point, we’ve got what can fairly be described as a partisan Supreme Court.

I argue in this Article that, to all of our great misfortune, a partisan Supreme Court is very much what we’ve got today. On a more hopeful note, though, I also argue that although reforming the Court to be a much …

South To Justice: Using International Law To Defend Against U.S. Border Externalization Policies Through The Example Of Forcibly Disappeared Migrants In Mexico, Cadwalader, Natalie

Santa Clara Law Review

The United States is increasingly employing border externalization controls as a primary means of preventing immigrants and asylum seekers from accessing due process and protection on U.S. soil. From Title 42, to metering, to the Remain in Mexico program, to Texas’s State Bill 4 today, no country has been more instrumental in facilitating or halting this suite of policies than Mexico. In this paper, I address the rise of border externalization policies in the United States, describe key differences between Mexican and U.S. human rights frameworks, and show how U.S. lawyers have mischaracterized enforced disappearances of migrants at the U.S.-Mexico …

Structural Originalism: A Second Amendment Case Study, Ian C. Bartrum

Scholarly Works

“Originalism” is having a national moment, even if it is not entirely clear what the word means. What should we be originalist about? The leading academic approach asks us to parse the communicative content of text ratified in a very different linguistic culture; then construct a modern legal meaning consistent with our semantic speculations. Too often the result enforces policy judgments made in a radically different moral and technological world. This makes very little sense.

In this paper I recommend a more perspicuous and coherent use of constitutional history, which I call “structural originalism.” Rather than saddle ourselves with the …

Global Company Towns, Trang (Mae) Nguyen

University of Colorado Law Review

No abstract provided.

The Identity Factor, Jessica Feinberg

University of Colorado Law Review

No abstract provided.

Can Ai Hold Office Hours?, Lisa Larrimore Ouellette, Amy R. Motomura, Jason Reinecke, Jonathan S. Masur

Public Law and Legal Theory Working Papers

Rapid improvements in AI tools offer transformative opportunities in legal education, including the possibility of students using AI tools to answer questions that students might otherwise ask during office hours. But a critical challenge is the accuracy of these tools’ responses. Both general-purpose and law-specific AI models have been shown to “hallucinate” incorrect responses to a range of legal questions. Here, we evaluate the current capabilities of AI models when given the more constrained task of answering questions about a specific legal text. We provided three AI tools—OpenAI’s GPT-4o, Anthropic’s Claude 3.5 Sonnet, and Google’s NotebookLM—with the text of Masur …

On Disciplining States, Aziz Z. Huq

Public Law and Legal Theory Working Papers

No abstract provided.

Pretrial Detention Without Counsel, Alison M. Siegler, Jaden M. Lessnick

Public Law and Legal Theory Working Papers

In federal courts across the country, judges are locking defendants in jail before trial without first giving them a lawyer. This deprivation-of-counsel crisis not only violates the statutory, regulatory, and administrative right to counsel at initial appearance hearings, but may even contravene the Sixth Amendment. This article builds on our Freedom Denied report—the first nationwide study of federal pretrial detention—and new data collected since. It makes three primary contributions. First, we explain the sources and nature of the right to counsel at federal initial appearance hearings (the first bail hearing in federal court). Second, we provide a data-driven illustration of …

The Reception Of Novella, Daughter Of The Bolognese Jurist Giovanni D'Andrea, In Christine De Pizan's City Of Ladies, Mary Anne Case

Public Law and Legal Theory Working Papers

Although the announced theme of Book 2, Chapter 36 of the Livre de la cité des dames is “against those men who claim it is not good for women to be educated,” a clear subtheme is filiation, since each of the three learned women on whom the chapter focuses – Hortensia, Novella, and Christine herself – is educated by her learned father. As it happens, the three women also have in common that they used their learning to defend their sex, but, interestingly, the chapter only discusses this “support for the cause of women” with respect to one of them, …

A Meditation On The Thirteenth Amendment And Constitutional Redemption, Darrel A. H. Miller

Public Law and Legal Theory Working Papers

No abstract provided.