Digital Commons Network^™

Challenging Gun Industry Immunity, Matthew Platkin

William & Mary Law Review Online

Keynote Address of the William & Mary Law Review Volume 67 Symposium.

The Florida “Educational” And Employer Censorship Statutes: Constitutional Challenges, Joel E. Davidson

UC Law Constitutional Quarterly

No abstract provided.

Cjcr Publishes Volume 27, Issue 2 (Symposium 2025), Michele Kallo

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 27, Issue 2 (Symposium 2025). The print edition of the issue has also been released.

Accessible at Volume 27.2: Symposium 2025, this issue contains Articles by Sarah Rudolph Cole, Michael Z. Green, Jill I. Gross, and Amy J. Schmitz; Notes by Thomas Riley, Matthew Zelman, and Leora Perlstein; and a Commentary by Federica Simonelli.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution …

Ndls Communicator: Week Of 04.27.26, Notre Dame Law School

NDLS Communicator

The Latest News

• 3L Nikki Rafferty has been selected as the recipient of the 2026 Thomas L. Shaffer Public Interest Fellowship
• 3L Erin Hiestand has been named one of the American Constitution Society’s 2026 Next Generation Leaders
• Notre Dame Law School’s Barristers Mock Trial Team (the Law School’s Trial Advocacy Team) won the regional championship and advanced to nationals at the American Association for Justice (AAJ) Student Trial Advocacy Competition.
• The Notre Dame Exoneration Justice Clinic (EJC) will welcome three law students from the National Autonomous University of Mexico (UNAM) to its summer internship program.

Student News

• Roselis Díaz De …

Writing As A Process Of Inquiry In Autoethnography For Meaning-Making: Reflections And Some Points For Consideration, Niroj Dahal

The Qualitative Report

This article explores writing as a process of inquiry and meaning-making in the autoethnographic tradition, offering reflections on the recursive, emergent, and dialogical/dialectical nature of writing, along with some points for consideration. Drawing on perspectives from qualitative research and narrative inquiry (Riessman, 2008), I argue that autoethnographic writing serves as a method of inquiry and/or discovery, generating ontological, epistemological, and axiological-driven cultural meaning that functions as a site of reflection, interrogation, and re-storying of lived experiences. This recursive, often messy, and reflexive act allows researchers to excavate, analyze, and interpret their lived experiences. Rather than viewing writing as a final-stage …

Mmu: 04/27/26-05/03/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

A Corporation For Artists, Or An Artist’S Corporation?: An Analysis Of Colorado Bill 26-133, Andrea Yang

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Trade and art have been interlinked since the beginnings of artistic creation. Throughout history, one of the core tensions in the world of creativity has been between the creation of artistic work and economics of survival. With the advent of the internet and social media, democratization in access to the arts has demolished many of the classic gatekeepers that have historically prevented artists from creating and sharing their work. However, artists, musicians, and writers still face significant barriers in obtaining and retaining capital to support their livelihoods, frequently turning to alternate professions to sustain their work.

It's The Night Of The Living Deepfakes: The Threat Of Deepfakes On The Film Industry, Neki Shero

DePaul Business & Commercial Law Journal

No abstract provided.

Systemic Failure And Synthetic Abuse: Regulating Nonconsensual Deepfakes Under The Take It Down Act, Chisomeme Nwuda

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Shockwave Heard Around The World: Uspto No Longer Allows Petitioners To Use General Knowledge To Fill Gaps In Prior Art During Inter Partes Review, Hannah Lesser

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Perils Of Trademark Co-Ownership And The Need For Co-Ownership Agreements, Cameron Quilling

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Unsettling Settled Science: The Perils Of And Rationale Behind Blind Faith In Forensic Evidence, Jaclyn Marra

University of Miami Race & Social Justice Law Review

Science—a seemingly compelling and infallible adjudicative element—plays a pivotal role in criminal trials, serving as a cornerstone for evidence interpretation and decision-making. However, the perceived infallibility of scientific evidence often masks its inherent limitations and vulnerabilities. Forensic methods, widely regarded as objective and precise, can suffer from a plethora of inconspicuous constraints—including flawed methodologies, human error, and biases—which undermine their reliability. The American public and legal system frequently place undue trust in forensic evidence and experts, influenced by portrayals of their certainty in media and popular culture. This phenomenon has been referred to as the “Reverse CSI Effect.” This note …

Presumed Guilty By Proximity: How Geofence Warrants Undermine The Fourteenth Amendment, Radha Patel

University of Miami Race & Social Justice Law Review

Geofence warrants are utilized as a surveillance tool to gather location data on every user within a specific area and are being integrated into policing without a stable legal framework. This integration threatens individual rights and disproportionately impacts people and communities of color. While these warrants are often scrutinized under the Fourth Amendment, this note argues that they significantly undermine the Fourteenth Amendment by granting law enforcement excessive discretion. This unchecked discretion allows systemic bias and racial profiling to influence criminal investigations, creating the potential for wrongful convictions. The analysis in this note details the three-step execution process of geofence …

On The “Storied” History And Sustained Impact Of A Thriving Social Justice Journal, Mario L. Barnes

University of Miami Race & Social Justice Law Review

No abstract provided.

Regulating Retirement Savings Roulette: A Framework For Evaluating Prudence Of Cryptocurrency Investments In 401(K)S, Lauren K. Valastro

San Diego Law Review

Foolhardy or farsighted, Americans are investing their retirement savings in volatile cryptocurrencies.  These investments, conducted largely through brokerage windows enabling plan participants to invest in options not on their employer-sponsored retirement plan menu, are increasing.  Clarity on whether and to what extent fiduciary duties apply to self-directed brokerage windows in 401(k)s is needed to protect Americans’ retirement outlooks and to equip fiduciaries with enough information to fulfil their obligations.  No agency or court has confirmed the existence of fiduciary duties relating to brokerage windows, let alone defined the contours of any such duty.  The Department of Labor (DOL) recently withdrew …

Thou Shall Not Compel Speech: Public Educators’ Free Speech Rights In The Face Of Louisiana’S “Ten Commandments” Law And Other Rules Compelling Private Expression From Public School Teachers, Kailey A. Olsson

San Diego Law Review

First Amendment jurisprudence has significantly evolved within the past decade as the Supreme Court has expanded religious protections, further developed the Compelled-Speech Doctrine, and narrowed what public school activities are considered violations of the Establishment Clause.  There is no other U.S. Supreme Court case that illustrates these monumental shifts in First Amendment interpretation quite like Kennedy v. Bremerton School District.  Writing for the majority, Justice Gorsuch found that a public school district could not suppress the personal religious expression of a football coach, even when that coach led a prayer activity with other football players and within view of other …

The Role Of Ai In Judicial Translation: Ensuring Access To Justice In Vernacular Languages, With Special Reference To Marathi, Bhushan Raut

Indian Journal of Law and Technology

This paper examines the role of artificial intelligence in judicial translation to enhance access to justice in India’s multilingual legal system, with a specific focus on Marathi. It situates judicial translation within the constitutional framework and Rule of Law theory, arguing that linguistic accessibility is essential to legal agency and fairness. Through doctrinal, empirical, and comparative analysis, the paper evaluates initiatives such as SUVAS, highlights gaps in vernacular availability of landmark judgements, and identifies challenges relating to accuracy, accountability, and legal semantics. It proposes a hybrid AI–human model and policy reforms to ensure reliable, scalable, and inclusive translation practices in …

La Qualification Du Génocide À Gaza : Portée Juridique Et Enjeux Internationaux, Farah Safi

Proche-Orient, Études juridiques

Genocide embodies the ultimate transgression of international law and exposes the limits of its effectiveness. Based on the 1948 Convention, its legal framework rests on two constitutive elements, – material and mental – whose interaction determines the recognition of the crime. Recent jurisprudence and contemporary cases in Gaza highlight the tension between legal clarity and political failure. Beyond punishment, prevention and the duty to ensure respect for international humanitarian law emerge as the core challenges of a system in crisis, where the survival of law now depends on its capacity to restrain power. This confrontation raises a fundamental question about …

La Réforme De La Justice Administrative Au Liban, Nadi Abi Rached

Proche-Orient, Études juridiques

The Lebanese administrative judiciary is undergoing a profound crisis, exacerbated by the broader institutional disintegration affecting the country. This crisis appears rooted in deeper and more specific causes: an alleged original illegitimacy of the institution and the recurrent instabilities that have marked its development. Today, this branch of justice operates at a minimal level, remains dependent of the executive, and struggles to fully guarantee the right to a fair trial. Two reform proposals aim to address this situation. This article first seeks to reaffirm the historical legitimacy and institutional continuity of the administrative judiciary, thereby providing a sound basis for …

Du Statut Juridique De L’Embryon Humain En Droit Libanais, Roula El-Husseini Begdache

Proche-Orient, Études juridiques

The legal status of the human embryo has not been specifically studied in Lebanon and is the subject of an uncertain regime resulting from scattered texts and very few court decisions. As the moment marking the beginning of human life remains debated, the recent issues relating to bioethics accompanying scientific advances, particularly in relation to reproductive medicine techniques and their corollaries, including surplus embryos, do not find clear-cut answers in Lebanese law. As scientific progress is at the heart of concerns relating to human life before birth, an abdication of legal experts in favour of doctors and ethics committees can …

Penanggulangan Masalah Preman Ditinjau Dari Sudut Politik Kriminil, M. Hamdan

Jurnal Hukum & Pembangunan

Abstract

Constitutional Theory At A Catholic University, J. Joel Alicea

Catholic University Law Review

I argue that the study of constitutional theory is ideally suited to benefit from the intellectual climate of a Catholic university. To make that argument, I address three questions. First, in what ways does constitutional theory benefit from the intellectual disposition of a Catholic university? Second, what might be the potential drawbacks or risks involved in studying constitutional theory at a Catholic university? And finally, how can one gain the benefits of being a constitutional theorist at a Catholic university while avoiding any potential risks that attend that setting?

Endowmentball, Doron Narotzki

Northwestern Journal of Law & Social Policy

This Article presents a policy and a structural response to a national capacity failure in American higher education: the concentration of endowment wealth in a handful of elite institutions, while most colleges, those that educate the majority of Americans, including most low-income, first-generation, and underrepresented students, operate under permanent financial constraint, and remain drastically underfunded. This imbalance carries a profound social cost. It weakens equity, limits inclusion, and undermines the promise of upward mobility that higher education is supposed to deliver.

The proposed framework introduces a progressive excise tax on endowment investment returns, scaled by per-student wealth. Universities with excessive …

Commonsense And Convoluted: Revisiting Scott V. Harris And Its Effect On Summary Judgment, Zachary P. Novak

Catholic University Law Review

The traditional summary judgment standard across state and federal courts has long been that facts are viewed in the light most favorable to the nonmovant; this has developed as both a baseline measure to test whether the claims are even fit for a trial, but also as a measure of fairness – it is the movant who wants to dispose of the case before trial, so this standard gives the nonmovant a more level playing field. However, the Supreme Court decision of Scott v. Harris carved out a unique exception to this standard: when there is video evidence that so …

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 …

Restrain, Seclude, Repeat: Seeking Solutions To End The Troubled Teen Industry’S Cycle Of Harm, Elizabeth James

Northwestern Journal of Law & Social Policy

Although there is a consensus that children receiving mental health treatment in youth residential programs should only be restrained and secluded in emergency situations, youth residential program staff routinely restrain and seclude children in non-emergency situations, causing significant physical and psychological harm to the child and, on occasion, leading to the child’s death. Current federal and state laws do not adequately regulate this practice, nor correct a business model that wrongly prioritizes profits over a child’s well-being, but private action through 42 U.S.C. § 1983 may provide a powerful remedy to victims of the troubled teen industry and the necessary …

The Double-Edged Rhetoric Of Parental Rights: Conflicts Between Freedom And Control In Cases Concerning Transgender Youth, Susan Etta Keller

Northwestern Journal of Law & Social Policy

This Article examines the rhetorical structures courts and advocates deploy in two distinct lines of cases adjudicating parental rights claims affecting transgender youth: cases challenging state bans on gender-affirming care, and cases challenging school policies supportive of transgender students. Although the legal basis for the parental rights claims in each set of cases is the same—substantive due process rights under the Fourteenth Amendment—the alignment of parental interests with those of their children diverges between the two sets. In the gender-affirming care cases, parents act in concert with their children’s expressed interests; in the school policy cases, parents seek to override …

From Cowboys To Corner Crossers: Reviving The Unlawful Inclosures Act To Protect Public Land Access, Brittany Kjerstad Mcknight, Ryan Mcknight

Cleveland State Law Review

As disputes over public land access intensify, “corner crossing” (the act of stepping from one parcel of public land to another at a shared corner with private property) has ignited legal and political battles across the West. At stake is not just the meaning of trespass, but the public’s right to enjoy land it lawfully owns. This Article argues that corner crossing is lawful and should be recognized as such under existing property law principles. It situates the modern corner-crossing controversy within a broader historical and doctrinal framework, tracing its roots to the Unlawful Inclosures Act of 1885 and the …

Dignity For The Deceased: The Abolition Solution To The Laws Governing Unclaimed Body Donation, Lauren Bayerl

Cleveland State Law Review

This Note explores the dangers bubbling under the surface of body donation law across the United States. Specifically, this Note investigates the little-known contours of Ohio law that open the door for body donation practices that may bypass an individual’s consent. While data is slim on the real-world outcomes that such quirks in state law have produced, a recent news story out of Texas highlights the very real danger that the structure of these state body donation laws can produce. This Note first details the laws in place in Ohio that govern body donation, using one state’s laws as a …

Ad Astra: Now Is The Time To Allow States To Claim Territory In Space, John Swansinger

Cleveland State Law Review

The Outer Space Treaty is based on the idealistic principle that space is the common heritage of mankind and prohibits the acquisition of territory by states in space. However, as space becomes increasingly accessible, this principle has come under threat. Private actors and more developed states are far more capable of accessing space than less developed states. Accordingly, these developments have threatened the basic ideals of the Outer Space Treaty that a vast majority of states have agreed to. This Note will introduce and explore the background and development of the Outer Space Treaty to explain these idealistic principles and …