Digital Commons Network^™

Weakening The Reasonable Efforts Requirement In New Mexico Termination Of Parental Rights Cases, Monika Myers

New Mexico Law Review

Parents’ right to control the upbringing of their own children is long-established in the United States. However, in the case of child abuse, neglect, or abandonment, a state can terminate parental rights, permanently severing the legal relationship between a parent and a child. In New Mexico, to terminate parental rights for abuse or neglect the State must prove three elements by clear and convincing evidence: (1) the child is abused or neglected; (2) the conditions that brought the child into care are unlikely to change in the foreseeable future and (3) this is the case despite reasonable efforts by the …

The Barrier And The Burden: How Flawed Interpretations Of The New Mexico Human Rights Act Have Relegated Disability To Second-Class Status, Ellen Caroline Sherman Rabin

New Mexico Law Review

Plaintiffs alleging disability discrimination under New Mexico law face significantly higher barriers than plaintiffs alleging other types of discrimination. The plain text of the New Mexico Human Rights Act (“NMHRA”) provides equal protections against discrimination based on characteristics such as race, gender, pregnancy, and disability. However, by relying on federal disability law to guide the interpretation of the NMHRA in cases of disability discrimination, New Mexico courts have effectively created a two-tiered system in which claims of disability discrimination face higher barriers to prevail in an administrative adjudication and survive summary judgment than other discrimination claims. This two-tiered system not …

Regression Dressed As Reform: Bharatiya Nyaya Sanhita And The Shifting Contours Of Political Speech, Anushka Singh

National Law School of India Review

This paper examines the shifting contours of criminal law in relation to political speech, with a focus on Section 152 of the Bharatiya Nyaya Sanhita (BNS). It advances three arguments. First, the decolonising narrative behind deleting sedition glosses over substantive continuities between colonial and post-colonial periods, with Section 152 BNS refashioning the colonial-era bifurcation between ‘sedition’ and ‘sedition-like’ activity. The BNS provision represents a backslide in the way it converges the various legal and political connotations of sedition from colonial to contemporary times, creating a new criminal category constructed through popular political-extra-legal discourses. Second, Section 152 BNS borrows from the …

The Kennedy Familys' Influence On The Passage Of The Immigration And Nationality Act Of 1965, Jillian Wallshield

The Cardinal Edge

This paper covers the influence of the Kennedy Family on immigration policy in the United States. United States immigration legislation changed dramatically in the 1960s with the passage of the Immigration and Nationality Act of 1965 (sometimes called the Hart-Cellar Act). This shift was caused primarily by the political work of prominent figures like John F. Kennedy, and, later, Edward Kennedy. Edward Kennedy in particular is examined through his influence on Lyndon B. Johnson, the President under which the Immigration and Nationality Act was passed. This position is supported through the examination of relevant public speeches, private telephone calls, and …

Mmu: 03/16/26-03/22/26, Student Bar Association

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The Impact Of The Legalization Of Marijuana On The Under 21 In New Jersey, Sharon Mesmer

Child and Family Law Journal

No abstract provided.

The Section 301 Surge Continues: Investigating The Adoption/Enforcement/Administration Of Forced Labor Import Bans, Desiree Leclercq

Faculty Datasets

This blog post critiques the March 12, 2026, announcement by the Office of the U.S. Trade Representative (USTR) launching a sweeping Section 301 investigation into 60 economies—including the European Union, Canada, and Mexico—for failing to effectively prohibit forced labor imports. While the U.S. claims these regulatory failures harm domestic commerce, the author argues that the investigation highlights deep flaws in American trade governance. Specifically, the critique outlines four primary deficiencies in the U.S. approach: inadequate Customs and Border Protection (CBP) procedures lacking independent oversight, a dramatic decline in CBP enforcement actions, mistargeted pressure against the EU despite its superior evidentiary …

Alternative Negotiators: Why It Is Important To Change The Negotiators Between Russia And Ukraine, Abraham Mandelbaum

Cardozo Journal of Conflict Resolution (CJCR) Blog

Since Russia’s annexation of Crimea in 2014, and especially after its full-scale invasion in 2022, repeated diplomatic efforts, primarily between the U.S. and Russia, and to a lesser extent between the U.S. and Ukraine, have failed to produce a lasting peace. For example, in 2025, President Vladimir Putin proposed a new round of ceasefire talks in Istanbul following the expiration of a unilateral three-day truce and renewed drone attacks on Kyiv. European leaders and Ukrainian President Volodymyr Zelenskyy rejected the proposal, insisting that any negotiations must begin with an unconditional ceasefire. Since then, neither side has unconditionally surrendered.

The print …

Measured Results In Georgia's Kenny A. Foster Care Class Action: A Framework For Assessing The Strategic Effectiveness Of Institutional Reform Litigation, Melissa D. Carter, Christopher G. Hempfling

Child and Family Law Journal

No abstract provided.

Involving Interpol: Interpol’S Meddling In International Parental Kidnapping And International Custody Dispute Cases Through Red And Yellow Notices, Chandler Gallucci

Child and Family Law Journal

As the world grows more interconnected through globalization, the opportunity for international parental kidnapping has increased. International parental kidnapping occurs when a parent or guardian wrongfully removes and retains a child from their habitual residency, even with the existence of a custody agreement. This article examines the role of the International Criminal Police Organization (“Interpol”) and how their use of Red and Yellow Notices can meddle in international custody disputes. Interpol consists of 196 member states, each of which is connected through Interpol’s database. Interpol links local law enforcement agencies in each of the member states. A Red Notice is …

Gender Ideology Curriculum In Florida Schools: Parental Rights And Educator Strain, Kimberly Mack

Child and Family Law Journal

No abstract provided.

Innovating For Access: Ai-Enhanced Triage & Intake For Legal Services Organizations, Heidi Behnke

Duke Center on Law & Technology

Artificial intelligence (AI) offers opportunities to meaningfully narrow the access to justice gap by improving the ability of Legal Services Organizations (LSOs) to connect individuals with pro se resources and more effectively connect with individuals who could not otherwise advocate for themselves. Some LSO early adopters have already developed or are in the process of developing such tools. Others are unsure where or how to start.

The results of semi-structured interviews of LSO staff, technology vendors, and leaders/experts in fall 2025 provide information that may assist LSOs in responsibly integrating AI-tools into their triage and intake systems. This paper includes …

Ndls Communicator: Week Of 03.16.26, Notre Dame Law School

NDLS Communicator

The Latest News

• U.S. Supreme Court Justice Clarence Thomas Reflects on Law, Faith, and Judicial Responsibility at Notre Dame Law School
• Notre Dame Law School Delegation Visits Insper in São Paulo, Brazil for Joint Faculty Workshop and Scholarly Exchange
• Notre Dame Law School continues exchange partnership with Ukrainian Catholic University

Alumni News

• Kyle Sommer '09 J.D.

Student News

• J.S.D. candidate Perla Khattar

Faculty Briefs

• Ashley Sanchez
• Derek Muller
• Emily Bremer
• Paul Miller
• Brett Cavanaugh
• Paolo Carozza
• Jimmy Gurulé
• Mary Ellen O'Connell
• A.J. Bellia
• Patrick Corrigan
• Daniel Slate & Paolo Carozza
• Vincent Phillip Muñoz
• Lloyd Mayer

ND Law in the News …

Private Equity Investment In College Athletics: The New Frontier, Christopher Ruckdeschel

Florida Entertainment and Sports Law Review

This Note discusses the funding crunch that universities are facing and why private equity capital can be the answer. The House v. NCAA settlement has introduced a $20.5 million yearly expense that universities must pay in order to compete for top-level talent in revenue-generating sports such as college football and basketball. However, declining enrollment and unequal TV rights distributions have left some universities scrambling to figure out how to stay competitive in this new revenue-sharing era. Enter private equity. This Note explains how universities can tap private equity investment to fund revenue-sharing obligations instead of slashing operating budgets and cutting …

Online Recruitment For Interview Participants Impacted By The Criminal Legal System, Sarah Lageson, Carolina R. Caliman, Elsa Chen, Ericka Adams

Qualitative Criminology (QC)

"As technology has altered communication, qualitative criminologists have turned to digital spaces for a cost-effective approach to recruit participants who have been impacted by the criminal legal system. This paper analyzes the limits and benefits of online recruitment, detailing our experience recruiting 93 interviewees online for a qualitative study of criminal record expungement. We compare three approaches: social media advertisements, Amazon’s crowdsourced MTurk platform, and the opt-in survey platform Prolific, and analyze the financial and labor costs associated with each. We detail our experience individually screening 685 interested participants to obtain 86 qualitative interviews suitable for analysis. Our experience shows …

Fragmented Responses: Variability In Law Enforcement And Prosecutorial Approaches To Sexual Assault Cases, Veronica Gonzalez

Qualitative Criminology (QC)

"Sexual assault (SA) remains a pervasive issue in the United States, marked by low reporting rates, inconsistent investigations, and limited convictions. In response, researchers and practitioners have promoted a range of best practices aimed at improving law enforcement and prosecutorial responses. This qualitative study draws on interviews with 13 law enforcement agencies and 12 prosecutors' offices to explore how recommended practices—such as victim advocacy, specialized units, interagency collaboration, and case reviews—are interpreted and operationalized in the field. Findings reveal substantial variability, shaped not only by resource availability but also by leadership priorities, organizational culture, and the ambiguity of guidance documents. …

To Protect And To Serve? A Phenomenological Exploration Of Interactions Between Black Transgender Women And Law Enforcement In The Midwest, Anthony Banks, Kelli E. Canada, Erin L. Robinson, Mansoo Yu, Lynn Mie Itagaki

Qualitative Criminology (QC)

"Current research indicates transgender women of color are experiencing what is being referred to as an “epidemic of violence.” Law enforcement personnel are in a unique position to mitigate this violence among transgender women of color, however past research shows that law enforcement may in some instances perpetuate already existing violence with this population instead of preventing and intervening in these situations. This study aimed to add to the limited research by using an intersectional theoretical framework to better understand these interactions. Research questions were answered using a phenomenological research design. Data from 36 semi-structured interviews with Black transgender women …

"This Is Not A Scam!": Assessment Of An Awareness Raising Program Tackling Older Adults' Scam Victimization In A Multi-Method Study, Katalin Parti, Pamela Teaster, Susanna Rinehart, Charles Dye

Qualitative Criminology (QC)

"Interactive theatre has long been used to educate and empower communities and prevent crime across all age groups. Although older populations are disproportionately victimized through fraudulent online schemes, effective educational interventions, like interactive theatre, have not been utilized to increase crime awareness. This paper describes an explorational research project, analyzing the results of a theatre-based fraud awareness program aimed towards educating victims and their communities about scams targeting older people. The study employs a mixed-method research design to examine program impact. In applying multifaceted tools of data collection, such as survey, participant observation, and follow-up interviews, the research team identified …

Aging On Parole: A Thematic Analysis Of The Parole Officer’S Perspective, Angela Murolo

Qualitative Criminology (QC)

"A growing proportion of people leaving prison are over 50 years old and will live at least temporarily under the supervision of a parole officer. While recidivism rates are lower for older people, there are physical, mental, and societal challenges that accompany advancing age that make successful reentry and reintegration a challenging experience compared to their younger counterparts. This presents novel challenges for parole officers who are tasked with supervising and counseling elderly people on parole. Surveys containing closed and open-ended questions were administered to N=25 parole officers to understand the differences in working with, counseling, and supervising older and …

Unveiling The Patent Landscape Of Biologic Drugs, Michael D. Frakes, Melissa F. Wasserman

Northwestern University Law Review

It is undeniable that the escalating price of biopharmaceuticals is a critical issue, as high prices limit patients’ access to life-saving medications and strain our healthcare system. Biologics, or large-molecule drugs, which are revolutionizing modern healthcare, are significantly contributing to the escalating cost of prescription drugs. While biologic drugs represent only 2% of all U.S. prescriptions, they comprise close to 50% of net drug spending.

Policymakers have proposed a series of interventions to decrease drug prices that target the patent practices of pharmaceutical firms. Yet due to differences in law, we have a robust source of patenting information for small-molecule …

Does Textualism Constrain Supreme Court Justices?, James J. Brudney, Lawrence Baum

Northwestern University Law Review

A principal justification for textualism is the constraint hypothesis. Conservative Justices and leading textualist scholars contend that—in stark contrast to reliance on legislative history—focus on the ordinary meaning of enacted text leaves little room for the Justices to be policy-oriented or ideological in their interpretations. This Article represents the first systematic study probing the validity of the constraint hypothesis, one that employs both quantitative and qualitative analysis.

The Article examines the Justices’ reliance on interpretive resources in over 660 statutory decisions in the field of labor and employment, decided by the Burger Court, the Rehnquist Court, and the Roberts Court—during …

Turning Point: Usa, 2020 Election Denialism And Its Consequences, Zack George

University Honors Theses

Current President of the United States, Donald Trump interrupted the peaceful transfer for power for the first time in 250 years. In the typical study of the events surrounding this interruption, much focus is made on the events of the January 6th Capitol Riot. Firstly, this thesis examines the 2 months in the leadup to the 2020 election and how the Trump administration acquired and attempted to execute their plans to commit a self-coup, keeping the administration in power in the face of the election victory and transition to the Presidency of election-winner, Joe Biden. Secondarily, it will contextualize and …

The Bankruptcy Revolving Door, Belisa Pang

Articles

The American consumer bankruptcy system is a costly regime with profound societal implications. Between 2008 and 2023, consumers filed 13.8 million bankruptcy cases across the ninety-four federal bankruptcy districts in the United States, generating over $4 billion in court filing fees alone. When accounting for attorney fees, trustee expenses, creditor costs, and broader economic externalities—such as increased interest rates borne by other consumers—the total financial impact easily reaches tens of billions, if not hundreds of billions, of dollars.

Against that backdrop, this study uncovers a startling phenomenon: nearly 46% of the consumers who filed bankruptcy in 2023 were repeat filers, …

The Bankruptcy Revolving Door, Belisa Pang

Northwestern University Law Review

The American consumer bankruptcy system is a costly regime with profound societal implications. Between 2008 and 2023, consumers filed 13.8 million bankruptcy cases across the ninety-four federal bankruptcy districts in the United States, generating over $4 billion in court filing fees alone. When accounting for attorney fees, trustee expenses, creditor costs, and broader economic externalities—such as increased interest rates borne by other consumers—the total financial impact easily reaches tens of billions, if not hundreds of billions, of dollars.

Against that backdrop, this study uncovers a startling phenomenon: nearly 46% of the consumers who filed bankruptcy in 2023 were repeat filers, …

Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin Pyle

Northwestern University Law Review

This Article tackles a difficult legal and policy challenge— reducing the impact of criminal records on job applicants’ chances in a manner that does not spur more discrimination—by looking at how another area of law, tort liability, impacts employers’ decision-making. It uses theoretical and empirical methods to study the most common reason employers report being reluctant to hire workers with a criminal record: legal liability generated by the tort of negligent hiring. While the purpose of the tort is ostensibly to protect and make whole those harmed when an employee misbehaves in a foreseeable manner, I show that, in practice, …

The Multi-Hatted Court: Community Courts As Boundary Organizations, Peter Dixon, Hadar Dancig-Rosenberg

Northwestern University Law Review

As a variety of the problem-solving court model, community courts have received significant scrutiny and debate. Do they help individuals by addressing the underlying needs that contribute to criminal behavior? Do they extend an unjust criminal legal system by making help conditional upon judicial involvement? This Article moves beyond such debates to ask how community court professionals and the communities who engage with them manage these and other tensions that are inherent to the model itself. As the second in a series of articles drawing on semi-structured interviews and focus groups with diverse stakeholders at the Red Hook Community Justice …

The Vanishing Enforcer: Consumer Protection In An Era Of Dual Retrenchment, Alisher Juzgenbayev

Northwestern University Law Review

Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the White House, have significantly weakened administrative agencies. This administrative retrenchment is concerning as private enforcement of a number of consumer protection statutes has been simultaneously curtailed through the Supreme Court’s decisions in Spokeo, Inc. v. Robins and TransUnion LLC v. Ramirez, which dramatically narrowed plaintiffs’ standing. These decisions rely in part on a vision of strong executive authority, positing that broad private standing conflicts with an Article II framework where a politically accountable President faithfully implements laws …

Litigating With No Receipts: How The Denial Of Access To Trial Transcripts Denies People The Opportunity To Access Justice, Madisen Zent

University of Cincinnati Law Review

No abstract provided.

The Mark Of Confusion: Untangling The Circuit Split In Trademark Infringement Jurisprudence, Amilcar Torres

University of Cincinnati Law Review

No abstract provided.

Broadcasting Bigotry: A Proposal To Revive Group Defamation And Hold Modern Media Accountable For The Disparagement Of Asian Americans, Dominic Roschival

University of Cincinnati Law Review

No abstract provided.