Digital Commons Network^™

V.63-3, 2026 Masthead

San Diego Law Review

No abstract provided.

Penetrating The Veil: Why Congress Regulating The Sperm Donation Process Is Not Nuts!, Matthew Leung

San Diego Law Review

The Commerce Clause is one of the strongest and most expansive powers granted to Congress under the U.S. Constitution.  While its strength has fluctuated throughout history, its power will undoubtedly be important in tackling modern problems, including regulating the Wild West of sperm donation.  The rapid expansion of the commercial sperm banking industry and the rise in the need for sperm donors have exposed significant regulatory gaps in the United States.  Although these groups support family formation for individuals facing infertility, same-sex couples, and single parents, federal oversight is largely limited when screening donors.  As a result, critical issues, including …

Bibliographie, Poej, Pierre Vialle

Proche-Orient, Études juridiques

No abstract provided.

Étude D'Une Attitude Politique : Analyse Du Comportement De L'Éditorialiste "Libanius" Du Journal "Le Réveil" Face Au Rôle De La F.D.A. Au Liban (Avril 1977 – Décembre 1980), Christiane Gezrawi

Proche-Orient, Études juridiques

No abstract provided.

Narrowing The Path To Justice: The Impact Of Pulsifer On The First Step Act And Federal Sentencing Reform, Olivia Santora

St. John's Law Review

(Excerpt)

The Supreme Court’s decision in Pulsifer resolved a critical circuit split regarding the scope of the safety valve provision, but did so in a way that denied hope of reduced sentences for thousands of incarcerated individuals. The case centered on a statutory interpretation question: whether a defendant becomes ineligible for safety valve relief if they meet any one of the three criminal history conditions—A, B, or C—or only if they satisfy all three conditions simultaneously.  The Court sided with the narrower interpretation, holding that meeting any one condition disqualifies a defendant from an opportunity for relief.

This distinction …

An End To Ends?: Rethinking The Adjudication And Regulation Of Flavored Electronic Nicotine Delivery Systems In The United States, Elizabeth Sack

St. John's Law Review

(Excerpt)

This Note will characterize the jurisdictional nuances underlying courts’ adjudication of flavored ENDS premarket tobacco product applications (“PMTAs”). Part I will detail how Congress has legislated and delegated standard tobacco and ENDS regulation to the FDA. Additionally, Part I will discuss the biochemical pathways and harm-reduction mechanisms currently associated with ENDS. Part II will review how circuit courts have handled ENDS manufacturers’ challenges to the FDA’s denials of their PMTAs. Part III will argue that the FDA must make efforts to streamline the guidance it provides ENDS manufacturers. It will recognize that the FDA’s priorities to encourage smoking prevention …

Bridging Troubled Waters: Simplifying New York’S Riparian Property And River Access Laws, John Eikamp

St. John's Law Review

(Excerpt)

Part I of this Note provides a review of New York’s riparian property laws, beginning with the English common law and ending with Douglaston Manor v. Bahrakis. Part II provides an analysis of OGC-9 and its failures as an extension of the Douglaston Manor decision. Part III proposes that, to resolve this dysfunction, Douglaston Manor must be abrogated, at least in part, by statute. The statute, drawing on the laws of other states and the federal government, and informed by expert opinion, must set forth a list of the state’s navigable waterways so that anglers are no longer …

Propuesta Metodológica Para La Evaluación De La Pobreza Energética En Chiapas, México, Mario Alejandro Sánchez Trujillo, Pascual López De Paz, Marcelino García Benítez, Amina El Mekaoui, Bassam Alí, Jesús Francisco Escalante Euán

Journal of Maya Heritage

Resumen. El acceso inequitativo e insuficiente a servicios energéticos de calidad constituye uno de los principales obstáculos para el desarrollo socioeconómico y el bienestar humano en México, siendo el estado de Chiapas una de las entidades con mayor vulnerabilidad socioambiental. Este trabajo presenta una propuesta metodológica cuantitativa y geoespacial para evaluar la pobreza energética de las siete subprovincias fisiográficas de Chiapas. La metodología combina datos de censos de población y vivienda 2020 (INEGI), la estandarización Min-Max, el análisis de correlación de Pearson y el análisis de componentes principales (PCA) para la construcción de un índice de pobreza energética (IPE) multidimensional. …

The Myth Of Evenhanded Administration: Integrating Individual Heterogeneity Into Benefit–Cost Analysis, Richard L. Revesz, Burçin Ünel, Sarah Wheaton

Duke Law Journal

In 2025, the Trump administration ended long-standing efforts to determine the extent to which pollution has disproportionate impacts on different communities, including overburdened and disadvantaged communities. But, at the same time, it reaffirmed its commitment to performing benefit–cost analysis to analyze the consequences of regulations. These approaches are mutually inconsistent. A proper benefit–cost analysis simply cannot be done without considering the distribution of a policy's impacts.

Generally, benefit–cost analyses are conducted based on impacts on an average member of the population—that is, a person with median characteristics. Often, however, the populations affected by government policies vary from the median in …

Moving Beyond Comparators: Rethinking Title Vii Intersectional Claims, Virali Patel

Duke Law Journal

Title VII promises to protect employees from discrimination based on race, color, religion, sex, or national origin. However, for plaintiffs who assert claims on the basis of more than one identity, that promise often falls apart in court. This Note argues that the comparator requirement is part of the issue. Courts often demand that plaintiffs point to a "similarly situated" coworker who both was treated better and resembles the plaintiff in almost every respect but for the protected trait. Because antidiscrimination doctrine most commonly analyzes race and sex as separate, non-overlapping categories, intersectional plaintiffs face an evidentiary bind: Comparators available …

Overbreadth, Facial Validity, And The Nature Of First Amendment Rights, Randy J. Kozel

Duke Law Journal

The doctrine of First Amendment overbreadth instructs judges to treat certain statutes as unenforceable even if they have lawful applications. The theory is that if a statute restricts too much protected speech, it is invalid on its face. The fact that it has some lawful applications will not save it.

This Article seeks to redefine the relationship between overbreadth, facial invalidity, and judicial review of speech restrictions. It disentangles overbreadth concerns from facial defects, shifting the focus to the underlying sources of constitutional infirmity. The Article's central claim is that it is impossible for a statute to fail as overbroad. …

Grants Pass And Its New Defendants: Looking To Drug Courts To Improve Homeless Courts, Paige Kupas

Duke Law Journal

The U.S. Supreme Court's 2024 decision in City of Grants Pass v. Johnson was consequential both for the judicial system and for homeless defendants. The Court's holding that ordinances punishing sleeping and camping outside were not cruel and unusual punishments under the Eighth Amendment opened the floodgates for municipalities to either pass or enhance enforcement of such ordinances. What followed was an increase in the number of homeless defendants in the court system. Not only does this Grants Pass result put more pressure on already overburdened court dockets, but it also exacerbates an already broken system in which the most …

Journal Staff

Duke Law Journal

No abstract provided.

Les Réformes Récentes En Matière D’Expropriation, Antoine Moarbès

Proche-Orient, Études juridiques

No abstract provided.

Attacks On Merchant Vessels Under The Law Of Economic Naval Warfare And Protection Of The Marine Environment: Lessons From The Russia-Ukraine War And The U.S.-Iran War, Alexander Lott

International Law Studies

This article examines the legality of attacks on merchant vessels during international armed conflicts, using reported Russian, Ukrainian, Iranian, and United States attacks between 2022 and 2026 as case studies. It evaluates belligerent rights to visit and search, divert, seize, disable, or, exceptionally, destroy merchant vessels under customary law. Drawing primarily on State practice, the study compares Russia’s blockade of Ukraine, Iran’s closure of the Strait of Hormuz, and the United States’ blockade of Iran. The emerging concept of a de facto blockade and its fusion with warning zones creates legal uncertainty and undermines humanitarian protection.

The legality of Iranian …

Voices Of Resistance: The People, The Press, And The Law, Robert S. Chang, Erica Lomeli Corcoran, Memo Torres, Gary Williams, Isais Benavides, Julie Morales, Astrid Hernandez

Loyola Interdisciplinary Journal of Public Interest Law

Loyola Public Interest Palooza Panel Transcription

Wednesday, March 25, 2026

Bad Hombre, Sergio Teran

Loyola Interdisciplinary Journal of Public Interest Law

In 2017, I created a piece intended to highlight the divisive rhetoric used by the then 45th U.S. President to describe people of color. The piece serves as a warning of the potential consequences of such language.

"Bad Hombre" was inspired by the dialogue and language Donald Trump used when referring to Mexican Americans and immigrants during the early stages of his 2016 presidential campaign. I took some of his actual phrasing and entered it into Google. The resulting imagery became the inspiration for the tone and composition of my piece. Some of the phrases I incorporated include: #BadHombre #ExtremeVetting …

Oppression, See Nothing Say Nothing, And Shut Your Mouth, Sandra Rhodes

Loyola Interdisciplinary Journal of Public Interest Law

I can remember when I was a child growing up during the 60s and 70s, it was safe to voice your opinion without fear of retribution. Slowly things changed. For years now, I haven’t been comfortable speaking my mind. The fear is real that if you have an opinion, you may lose your job, your home, your family or your safety. I hope these three art works convey that oppression and fear.

Hollywood 2020, Jason Kartez

Loyola Interdisciplinary Journal of Public Interest Law

During the pandemic, I spent a lot of time documenting the protests in Los Angeles through drawing and writing in a diary. This image is a recreation from a news image and captures some of the protests I was in during 2020. It is relevant because we need to keep our right to free speech and to nonviolent civil dissidence. When I initially wrote this statement, it was for an art submission for Judy Baca’s nonprofit, the Social and Public Art Resource Center (SPARC), where the piece was put on the wall outside.

Back when I submitted this, I wrote …

Jimmy, Ash, Grandmother, And Monica, Bryan Ida

Loyola Interdisciplinary Journal of Public Interest Law

For the past eight years, I have been engaged in “con.Text,” a body of work that examines historic events in the context of the current social and political climate and raises awareness of past abuses and injustices by a government against a targeted minority group.

I research and reference text from government documents, declarations, and other forms of institutional communication, and use these words as my mark to render each person with the very words that affects them. Using words as building blocks in the formation of the image does not define the subject by that language; instead, the words …

Raise A Fist, Philip Bastian

Loyola Interdisciplinary Journal of Public Interest Law

I decided to illustrate this piece after learning that the 1928 design of Mickey Mouse was entering the public domain on January 1, 2024. I wanted to interpret this version of the design in a way that felt personal to me, so I drew it in a way that I have never seen before – from a high angle and raising a fist. Comic parody has been common within the media, but I wanted to create an image that was more empowering. I wanted to craft an illustration that is rebellious, cool, and weird.

I Can't Breathe, Sarah S. Bae

Loyola Interdisciplinary Journal of Public Interest Law

I took this photograph during the George Floyd protest on the steps of Los Angeles City Hall in 2020. I wanted to capture more than a historic moment and hold onto the emotional gravity that existed in the space between bodies, voices, and institutions. There was a sense of stillness to witnessing our shared humanity, in seeing what compelled people to show up despite fear, social distancing, and uncertainty.

The Hate We All Live With, Black Masks And Gasoline, And In Search Of A New Home, Eric Almanza

Loyola Interdisciplinary Journal of Public Interest Law

My current body of work examines the intersection between politics, culture and identity as crafted through the lens of a Chicano painter working in the context of contemporary aesthetics. Often, it is said that Chicanos feel caught between cultures, not fully American, yet at the same time unable to identify fully as Mexican.1 Accordingly, themes such as immigration, the criminalization of immigrants, and the border wall between México and the US have been explored in my work.

When The Modern Public Square Goes Private: The Supreme Court's Struggle Over Social Media As The New First Amendment Frontier, Jason M. Shepard, Kathleen Bartzen Culver

Loyola Interdisciplinary Journal of Public Interest Law

In the wake of the Supreme Court’s 2024 decisions in Moody v. NetChoice and NetChoice v. Paxton, the meaning of free expression in the digital age is being rewritten. Our research analyzes how the Court, advocates, and amici invoked decades of First Amendment and media law precedent to define whether social media platforms act as speakers with editorial rights or as common carriers open to regulation. Relevant doctrines include First Amendment implications of medium-specific regulations, common carrier definitions, speaker autonomy, editorial discretion, expressive conduct, intermediate and strict scrutiny analysis, content-based regulations, viewpoint neutrality, and public forum analysis. Drawing on an …

Chin Music: Chilling Legal Advocacy Through Executive Orders Attacking Law Firms, Robert S. Chang

Loyola Interdisciplinary Journal of Public Interest Law

Introduction to amicus brief challenging executive orders targeting law firms.

The amicus brief itself is reproduced as filed with the Supreme Court of the United States.

Ndls Communicator: Week Of 10.12.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging Supreme Court to reject state-sponsored religious instruction

Alumni News

• Jorge Barrera-Rojas ’25 J.S.D.
• Josephine Ndagire ’08 LL.M.

Faculty Briefs

• Rick Garnett
• Paolo Carozza
• Msgr. John Paul Kimes
• Mark Hill KC
• John Nagle
• Derek Muller
• Dennis Wieboldt ' 26 J.D.
• Diane Desierto

ND Law in the News

• University President Rev. Robert A. Dowd, C.S.C., has established a new committee tasked with authoring a report on respectful dialogue at Notre Dame. Dean G. Marcus Cole will co-chair the committee alongside Kate Marshall, associate dean in the College of …

Between Shut It Off And Keep It On: The Legality Of Internet Shutdowns Under International Law, Yohannes Eneyew Ayalew

Vanderbilt Journal of Transnational Law

Internet shutdowns are on the surge across the globe, at least four dozen states-imposed internet shutdowns in 2024 alone, in armed conflicts and other situations. In some states where an authoritarian propensity or “digital sovereignty” reigns, internet shutdowns are being imposed to control political narratives during the conduct of hostilities. These states justify their actions using a “shut it off” argument, claiming that the internet is a luxury and further asserting that access to the internet may be overridden by national security or other justifications. On the other hand, there are states that advance open access to the

Internet shutdowns …

The Ever-Expanding Horizon Of Directors’ And Officers’ Duties: An Analysis Of Recent Developments In The United States And Australia, Zehra G. Kavame Eroglu, Isa Alade

Vanderbilt Journal of Transnational Law

When two Boeing 737 Max aircraft crashed within five months of each other, resulting in the deaths of 346 people, shareholders filed a suit against the directors for breach of duties. The Delaware Court of Chancery noted that while safety was “essential and mission critical” to Boeing’s business, there was no board committee assigned the specific task of overseeing airplane safety. Turning to Australia, Storm Financial’s collapse caused many clients, most of whom were retirees or nearing retirement, to suffer massive financial losses. With little or no prospect of rebuilding their financial position, these clients lost their investments, their homes …

Lawfare’S New Frontier: International Commercial Arbitration In The Shadow Of Sanctions, Sophie Yue Zhao, Han-Wei Liu

Vanderbilt Journal of Transnational Law

This Article examines how international commercial arbitration is being reshaped by economic statecraft through the lens of lawfare—the strategic use of law as a substitute for traditional coercive tools. Building on Orde Kittrie’s framework, it identifies two modalities of State-driven lawfare affecting arbitration. Instrumental lawfare operates where domestic legal measures displace arbitral authority, exemplified by Russia’s assertion of exclusive jurisdiction over sanctions-related disputes. Compliance-leverage lawfare, by contrast, does not bar arbitration outright but raises the costs and risks of participation, evident in restrictions on legal services and banking access that complicate representation and payment in arbitral proceedings. Beyond State action, …

Improving Case Management For Refugee Child Brides, Harper Kelly Esterle

Vanderbilt Journal of Transnational Law

A significant number of forcibly displaced persons throughout the world are not only children, but children who are married. When these married minor refugees arrive in host countries, they are often met with concern, judgment, or a critical lack of understanding or regulated procedure for handling their immigration cases. Children are often forcibly separated from their partners and thus isolated from the only family they came with, or they are forced to undergo an extensive judicial review process that, by the time it is resolved, is no longer relevant as the married minors at issue have since reached the age …