Digital Commons Network^™

Intercountry Adoptions In South Africa And Uganda: Do Different Contracting Statuses Relative To The Hague Convention Matter?, Joseph Isanga

Idaho Law Review

No abstract provided.

Marriage Jurisdiction Under European Union Law: Cross-Border Recognition Of Ecclesiastical Decisions, Carmen Garcimartín

Idaho Law Review

No abstract provided.

Flexibility And Resistance Of Family Law In France And Other European Countries In The Context Of The Internationalization Of The Family And Of Family Law, Sylwia Castillo-Wyszogrodzka

Idaho Law Review

The international mobility of individuals requires legal orders to adjust their jurisprudence and legal practice. The evolution of family law oscillates between internationalization and protection of national identity. This phenomenon is particularly striking in Europe, where individuals enjoy the right to move and reside freely within the European Union and where family law is influenced by the European Court of Human Rights and the Court of Justice of the European Union.

The state reduces its authority to comply with new requirements and gives individuals more power to create their own family bonds. Many questions arise around the legal recognition of …

Idaho Law Review 62.2

Idaho Law Review

No abstract provided.

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Liberty As Entitlement In The Common Law, Joshua C. Tate

San Diego Law Review

In recent decades, some Justices of the U.S. Supreme Court have questioned the broad definition of liberty that is the basis for the doctrine of substantive due process.  In his dissenting opinion in Obergefell v. Hodges, for example, Justice Thomas argued that liberty in the common-law tradition “has long been understood as individual freedom from governmental action, not as a right to a particular governmental entitlement.”  This Article will argue that such a narrow definition excludes many instances in which the common law used “liberty” as a synonym for “privilege” or “entitlement.”  Treatises that were well-known to the Framers …

Enhancing Protections For Professionals Who Report Misconduct As Required By A Fiduciary Duty Or A Professional Code Of Conduct, Nicholas Daniel Seger, Kelli Myers

San Diego Law Review

Whistleblowers play a critical role in maintaining ethical standards within professional environments, yet current legal frameworks often leave professionals who report misconduct vulnerable to severe retaliation.  Despite clear ethical and fiduciary duties requiring professionals, including attorneys, accountants, and medical providers, to report known misconduct, those who fulfill these obligations may face termination, reputational harm, and financial loss.  The case of Bohatch v. Butler & Binion starkly illustrates the chilling effect of insufficient legal protections, where a partner’s adherence to her ethical duty resulted in professional exile.  Without robust legal safeguards, professionals are left to navigate a treacherous landscape where integrity …

The Common Law Is A Complex Adaptive System, Ronald J. Allen, Paul Piazza

San Diego Law Review

Traditional accounts of the common law from Blackstone to Dworkin focus on the role of precedent in judicial decision-making, the metaphysical nature of law, and the heroic judge.  As important as these perspectives are, they miss the essence of the common law, which is that it is a “complex adaptive system,” with the capacity to process vast amounts of information and broadly impact individuals and society in unexpected ways.

Complexity Theory—the study of decentralized, yet self-organizing systems and the emergent phenomena they produce—has been applied to study real-world systems as wide-ranging as the immune system, insect colonies, the global economy, …

The Oxymoron At The Heart Of Delaware’S Making Elon Happy Legislation, Franklin A. Gevurtz

San Diego Law Review

This Article proceeds as follows: Part II provides the background by giving a brief overview of the law governing transactions between a controlling stockholder and the corporation or its minority stockholders; laying out the complaints about recent Delaware court decisions applying this law; and explaining how S.B.-21 responded to these complaints through a belt and suspenders approach of narrowing both the definition of controlling stockholder and the difference in the legal treatment between controlling stockholder transactions and transactions with conflicted directors.

Part III explains the fundamental inconsistency created by the statute’s effort to limit the definition of controlling stockholder by …

Super Secret Or Super Illegal?: When Ndas Function As Unlawful Noncompetes, A Case Study Of The Reality Television Industry, Hannah K. Bollinger

San Diego Law Review

Reality television brings to mind staged conflicts, mindless entertainment, and fame-hungry casts.  However, beneath all this editing lies a unique and nontraditional employment structure whereby stars sacrifice everything to star on a show in the hopes of earning the coveted status of “celebrity” or “influencer.”  But the rules to play are one-sided.  Overly broad nondisclosure agreements restrict what stars can say and when, extending beyond the protectable bounds of storylines and trade secrets.  This Comment argues that these overly broad nondisclosure agreements function as de facto noncompetes that directly and indirectly limit stars’ abilities to compete within the labor market …

The Gleneagles Communique Climate Change, Energy And Sustainable Development

Law and Business Review of the Americas

No abstract provided.

Book Review: Judicial Originalism As A Byproduct Of An Overly Difficult Amendment Process: Jill Lepore's We The People, Charles Britton

ConLawNOW

This essay reviews the book by Jill Lepore, We the People: A History of the U.S. Constitution, winner of the 2026 Pulitzer Prize for history.  It explains how Lepore examines the history of constitutional amendment—both successes and failures—to argue that frequent amendment was the democratic intent of the Framers. And shows how this amendment philosophy contradicts the originalism of the current Supreme Court.

Washington Search And Seizure Law: 2026 Update, Justice Charles W. Johnson, Justice Debra L. Stephens, Justice Steven González

Seattle University Law Review

This Survey is intended to serve as a resource which Washington lawyers, judges, law enforcement officers, and others can turn to as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. As the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its decisions and reflections on Washington law are discussed.

Most of the Survey cases involve the Washington …

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

An Exceptional Model At Sea: Functionalist Targeting And The Legal Vulnerability Of Maritime Civil Defense In Japan, Kentaro Furuya

International Law Studies

The intensifying security competition in East Asia, characterized by persistent territorial disputes and the potential for major regional contingencies, has placed the Japan Coast Guard (JCG) at a strategic crossroads. The 2023 Control Guideline, which outlines the JCG’s role during armed attacks, has further heightened interest in the agency’s legal status. This article examines the critical gap between Japan’s domestic legal framework and the international law of naval warfare, specifically addressing how the potential classification of JCG assets as military objectives undermines the safety of maritime civil defense operations.

While the Japanese government firmly maintains the JCG’s status as a …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Are Individual Mental Health Issues Treated Fairly By The Criminal Justice System?, Taylor Anderson

Master of Arts in Human Services

The intersection of mental health and the criminal justice system is a critical area of inquiry that highlights the complexities of addressing psychological disorders within our legal frameworks. This paper explores the prevalence of mental health issues among incarcerated individuals and examines how systemic deficiencies contribute to a cycle of recidivism and inadequate treatment. By analyzing the existing literature, the research aims to illuminate the pressing need for a reform in the handling of mentally ill offenders, advocating for a shift towards more rehabilitative approaches rather than punitive measures. The implications of those findings extend beyond individual cases to societal …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

When Childcare Becomes A Crime Space In Contemporary Indonesia, Isyana Kurniasari Konoras, Dr. Dra. Vinita Susanti, M.Si

Jurnal Kriminologi Indonesia

Abstract. The increasing incidence of violence against children in daycare institutions reflects a structural crisis in contemporary child protection systems. This study examines the violence case at Little Aresha Daycare in Yogyakarta to identify the criminogenic factors underlying abuse in institutional childcare settings. The research applies a normative-empirical qualitative method through media-based case studies, legal analysis, and criminological interpretation. The findings demonstrate that violence emerged from the convergence of three major factors: structural strain experienced by caregivers, weak capable guardianship within daycare institutions, and the normalization of abusive disciplinary practices. Robert K. Merton’s Strain Theory explains how economic and occupational …

Methamphetamine Trafficking In Indonesia: A Routine Activity And Situational Crime Prevention Perspectives, M Fadli Makarim

Jurnal Kriminologi Indonesia

Abstract. Methamphetamine trafficking represents one of the most significant forms of transnational organised crime affecting Indonesia and appears to be facilitated by Indonesia’s strategic position within global maritime trade networks. Existing explanations have emphasised law enforcement capacity and policy responses, while less attention has been given to the opportunity structures that may facilitate trafficking activities. This study examines how Routine Activity Theory may contribute to explaining methamphetamine trafficking in Indonesia and considers its implications for Situational Crime Prevention. This study employed a structured literature review based on a systematic semantic search of publications indexed in Semantic Scholar and OpenAlex. The …

Criminalizing Environmental Defenders In Indonesia’S Extractive Development: A Green Criminology Perspective, Raihan Muhammad

Jurnal Kriminologi Indonesia

This article examines how extractive development in Indonesia contributes to the criminalization of environmental defenders from a green criminology perspective. The study departs from the growing trend of intimidation, criminalization, violence, and legal retaliation experienced by communities resisting environmentally destructive projects in mining, coastal reclamation, plantation expansion, and National Strategic Projects (PSN). Using a qualitative socio-legal approach, this research analyzes statutory regulations, policy instruments, court decisions, academic literature, civil society reports, and documented cases related to environmental conflicts and environmental defenders in Indonesia. Data were collected through a literature review and document analysis, then analyzed using qualitative content analysis within …

Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Respondents: St. Mary Catholic Parish V. Roy, Catherine Smith, Tanya Washington, Robin Walker Sterling, Suzette Malveaux, Barbara Bennett Woodhouse, Sara S. Hildebrand, Abigail L. Fleming, Jeremiah Chin

Scholarly Articles

This Court should consider those most directly impacted by the decision in this case: the intended beneficiaries of Colorado’s Universal Preschool Program (“UPK”), Colorado’s children. To paraphrase Shakespeare, though they be but little, they are constitutional rights-bearers and are thus entitled to be free from state-funded discrimination.

Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the significant harms children in the LGBT community would bear should Colorado be compelled to allow state-funded religious schools to discriminate against preschoolers. Exempting religious schools from the State’s equal-opportunity and antidiscrimination …

Ndls Communicator: Week Of 08.24.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Welcomes New Faculty Members for 2026–27 Academic Year
• ND Law Professor Jimmy Gurulé Leads Trainings for Mexican Foreign Affairs Officials and Advances the Program for the Defense of Mexican Nationals

Faculty Briefs

• Rick Garnett
• Roger Alford
• Msr. John Paul Kimes
• Mary Ellen O'Connell
• Judy Fox
• Vinny Versagli

[Almuni Notes]

• Dennis Wieboldt '26 J.S.

• Faculty and Staff Kick Off Luncheon
• Western Legal Exceptionalism and the Test of Comparative Law Talk by Matteo Niccolini, Associate Professor of Comparative Public Law, University of Verona, Italy
• Faculty Meeting

• The University of Notre Dame is …

Behind Prison Walls: Unmasking The Victimization Experience Of A Transgender Inmate: A Narrative Study, Kevin E. Hemminger

Electronic Theses and Dissertations

Transgender individuals experience disproportionately high rates of victimization within the U.S. criminal justice system, at rates some studies estimate as four times greater than those of cisgender individuals (Marchi et al., 2025). Victimization may occur at the hands of correctional officers, institutional staff, or fellow inmates. This narrative study focuses on the life story of a formerly incarcerated transgender woman, tracing her experiences before incarceration, throughout her time at two different correctional facilities in two different states, and her life following release. While Community Based Research (CBR) was not adopted as a formal methodological framework, its principles — centering lived …

Promoting Developmentally Informed Justice: A Developmental Assessment Referral Framework For Juvenile Transfer Decisions, Carly F. Colman

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The transfer of youth between juvenile courts and adult courts is one of the most consequential decisions made in the American legal system, as it will influence the youth’s legal outcomes, developmental trajectories, and long-term well-being. Advances in adolescent brain science show that there are many factors associated with youthful offending, including developmental immaturity, susceptibility to external influences, and ongoing neurobiological development—all of which are related to age, rather than being fixed criminal traits. Despite this growing body of evidence, legal decision-making in juvenile transfer and sentencing does not consistently incorporate individualized developmental data. This paper examines the important role …

"Compromise With Lawlessness": The Relationship Between Lynching And The Death Penalty In Arkansas, 1895-1925, Michael Lynch

The Ozark Historical Review

“Compromise with Lawlessness”: The Relationship between Lynching and the Death Penalty in Arkansas, 1895–1925 examines the complex relationship between extralegal lynching and state-sanctioned capital punishment in Arkansas during the late nineteenth and early twentieth centuries. While existing scholarship often characterizes the decline of lynching and expansion of capital punishment as a straightforward substitution, this article argues that the Arkansas experience was more dynamic, with lynching and legal execution functioning as competing and sometimes complementary mechanisms for satisfying demands for racialized justice and social control. Through an examination of the 1898 lynching of Bud Hayden in Texarkana and the 1901 execution …

Emotional Intelligence Deficits And Behavioral Escalation Among Justice-Involved Populations, Aleasa M. Word

Master of Arts in Human Services

This capstone examined the relationship between deficits in emotional intelligence and behavioral escalation among justice-involved populations, who frequently demonstrated challenges with emotional regulation, impulse control, aggression, and behavioral escalation. However, many correctional interventions, including traditional anger management programming, emphasized behavioral compliance rather than the underlying emotional processing deficiencies that contributed to these behaviors. This project synthesized existing peer-reviewed literature from psychology, criminology, forensic behavioral health, and correctional rehabilitation research to examine how low levels of emotional awareness, emotional regulation, empathy, and interpersonal functioning are associated with aggression, recidivism, and escalating behaviors. Findings suggested deficits in emotional intelligence were consistently associated …

Brief Amici Curiae Of New Ways Ministry, Et Al., St. Mary Catholic Parish V. Roy, Leslie C. Griffin, Marci A. Hamilton

Court Briefs

No abstract provided.