Digital Commons Network^™

The Large Impact Of Small Groups On The Character-Based Leadership Development Of Law Students, Benjamin Rigney, Janice Craft

Journal of Legal Education

No abstract provided.

Book Review Of The Lawyer Nation: The Past, Present, And Future Of The American Legal Profession, Jennifer A. Gundlach

Journal of Legal Education

No abstract provided.

Brief For Legal Scholars And Historians As Amici Curiae In Support Of Petitioners, Jackson V. State, Nos. 26-76, 26-78 (U.S Supreme Ct. Aug. 14, 2026), G. Ben Cohen, Seth P. Waxman, Ashley Bierman, Sara Saunders

Akron Law Faculty Publications

Under a Florida law enacted in 2023, a judge may impose the death penalty only if the jury first “determine[s] that the defendant should be sentenced to death.” Fla. Stat. § 921.141(2)(c). The question presented is whether the Sixth or Eighth Amendment requires that jury determination to be unanimous, or whether it suffices—as provided in the statute—for only eight of the twelve jurors to vote for death.

Cardozo Law News Brief: August 14, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the August 14, 2026 Cardozo Law News Brief include:

• Professor Saurabh Vishnubhakat spoke to Forbes about Buc-ee’s aggressive trademark enforcement strategy and the potential reputational costs of pursuing weaker infringement cases.
• Professor Zalman Rothschild was quoted in The Nation’s Health about the potential impact of a Supreme Court ruling on childhood vaccine mandates and religious exemptions.
• Professor Stewart Sterk spoke to the Associated Press about anticipated legal challenges to New York City’s pied-à-terre tax.
• Adjunct Professor Gary Galperin spoke to People about concerns surrounding Luigi Mangione supporters and their potential influence on the case, and also discussed the …

Treaty Hierarchy And Legal Pluralism In Cross-Border Governance: Comparative Study Of Jordan And France, Rola Nael Salameh, Numan Ahmad Elkhatib, Rami Ali Daradkeh, Mohammad Sulieman Issa Alhelalat

Hasanuddin Law Review

This study addresses the constitutional ambiguity surrounding the hierarchical status and domestic application of international human rights treaties, particularly in legal systems where treaty incorporation lacks explicit constitutional regulation. Though earlier researches have discussed issues such as treaty incorporation and constitutionality, there has been little analysis of the comparative role played by courts in bridging the international and domestic legal systems. The study adopts a qualitative doctrinal and comparative legal methodology, analyzing constitutional provisions, legislative frameworks, and judicial decisions across Jordan, France, and selected Arab jurisdictions, including Egypt and Morocco. The findings reveal that France adopts a hierarchical model granting …

Governing Conservation Beyond The Rules: Bureaucratic Discretion In Indonesia, Dedy Asriady, Muh. Ilham Nasir, Emban Ibnurusyd Mas'ud, Supratman Supratman, Syamsu Alam, Muhammad Alif K. Sahide

Hasanuddin Law Review

Conservation governance is frequently characterized as a rule-based system in which bureaucratic actors enforce standardized regulations to protect biodiversity. In practice, however, conservation policies are implemented within socially contested landscapes. Strict regulatory enforcement may generate conflict and undermine governance objectives. Although public administration research underscores the importance of bureaucratic discretion in policy implementation, limited attention has been paid to its influence on environmental governance in developing countries. This article investigates discretionary practices in Indonesian conservation area management using an ethnographic approach that incorporates interviews, field observations, and case studies across multiple sites. The findings demonstrate that discretion occupies a central, …

Judicial Departure And Legal Certainty: A Comparative Study Of Us And French Law, Faisal Oklah Khattar Shatnawi, Abdulwahab Abdullah Al-Maamari, Yassin Ahmad Al-Qudah, Radeyah Ahmad Mohammad Amayreh, Muneer Ali Muhammad Hulaiel

Hasanuddin Law Review

In any constitutional system, it is difficult to reconcile the need for legal certainty and constitutional adaptation when there is judicial departure from constitutional precedent. In this paper, We develop a functional comparative approach that explains how constitutional systems maintain legal certainty in the face of constitutional adaptation enabled by judicial departure from constitutional precedents. Using comparative analysis of United States Supreme Court jurisprudence (1954–2023) and French Constitutional Council rulings (1971–2023), We examine how such systems preserve their constitutional stability in spite of judicial change. It is concluded that the departure of courts from constitutional precedent need not mean the …

Commercial Space Mining: From Competitive Secrecy To Transparency, Sustainability, And Governance Challenges In The New Race For Extraterrestrial Resources, Frányerson R. López Ochoa

Discovery Day - Daytona Beach

Commercial space mining is becoming integral to the space economy, driven by the need for resources such as water, metals, and platinum-group metals (PGMs) from asteroids and the Moon. It should be noted that these resources have the potential to support long-duration space missions through in-situ resource utilization (ISRU) and Earth-based economic activities. Companies such as AstroForge and TransAstra are leading this transition, from government-led exploration to commercial activity. The paper examines the environmental, technological, and legal implications of asteroid mining, using these companies as case studies. While AstroForge has progressed to in-space demonstrations with its Odin spacecraft in 2025 …

Environmental Ethics And Impact Of Artificial Intelligence Data Centers, Jacky Yang

Discovery Day - Daytona Beach

Data centers, including artificial intelligence (AI) facilities, serve as the backbone for many modern digital services and products. With the rapid digitization of society, the expansion of these centers in the United States has accelerated significantly. From an anthropocentric and utilitarian perspective, they provide economic benefits, supporting employment and generating public revenue. However, they can also create a significant amount of environmental and societal challenges. From an ecocentric and environmental justice perspective, AI data centers has contributed to increased competition for the limited resources, such as water, electricity, and land and has been linked to rising utility costs, noise pollution, …

Quantitative Assessment Of Cybersecurity Risk Variability Across Transportation Modes, Paulo Carreon

Discovery Day - Daytona Beach

Quantitative Assessment of Cybersecurity Risk Variability Across Transportation Modes examines how cybersecurity risks differ across major transportation sectors and addresses the lack of a structured, cross modal analysis in existing transportation cybersecurity research. As transportation systems increasingly rely on digital infrastructure, communication networks, operational technologies, and interconnected platforms, they become more exposed to cyber threats that can affect safety, mobility, operations, and public trust. Despite the growing importance of this issue, there is still limited research that quantitatively compares how cyber risks vary across transportation modes such as road and intelligent transportation systems, aviation, rail and transit, and maritime systems. …

Beyond Walls And Wires: The Supreme Court’S Recognition Of Digital Privacy Under The Fourth Amendment, Joanna Morris

Discovery Day - Daytona Beach

The Founding Fathers included the Fourth Amendment in the Bill of Rights to protect individuals from unreasonable searches and seizures and their right to privacy. However, rapid advances in modern digital technology have challenged traditional definitions of privacy, raising constitutional questions about digital privacy rights. Smartphones and location tracking collects personal information that does not fit neatly within pre-digital era Fourth Amendment doctrines. This research examines how the United States Supreme Court has adapted interpretations of the Fourth Amendment to address digital privacy concerns, focusing on the tensions between Fourth Amendment doctrines and technology that enables extensive government access to …

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"Experiential learning opportunities in law school have expanded dramatically, but pressure remains for students to graduate ready to practice. Artificial intelligence (AI) is transforming education and legal practice, generating questions about how and what to teach and raising uncertainties about future employment. At the same time, big firms are interviewing students in their first semester and extending offers before or shortly after first-semester grades are out."

– David H. Moore

Recommendations For An International Regulatory Regime For Commercial Space, Margaret O'Brien

Discovery Day - Daytona Beach

The rapid advancement of space technologies in both governmental and private sectors presents a significant challenge for existing space law frameworks. Emerging activities such as space mining are gaining international attention, yet lawmakers struggle to craft regulations for an industry that is still in development. Innovators and investors often hesitate to assume risk in the absence of clear international guidelines. This research explores the complex legal and policy considerations surrounding space resource utilization, including the lack of consensus with existing treaties, the unpredictability of potential hazards, and the widening technological gap between industrialized and developing nations. Historical frameworks, such as …

Redefining Just Cause For Contract Termination In Fifa's Rstp: Striking A Fair Balance Between Player Rights And Club Interests In Light Of The Interim Regulatory Framework, Walid Ben Salah, Nayel Alomran, Noor Alhendi, Zouhaier Nouri

All Works

Introduction This article examines the concept of just cause for the unilateral termination of professional football employment contracts under FIFA's Regulations on the Status and Transfer of Players (RSTP). It pays particular attention to the changes introduced by FIFA's 2025 Interim Regulatory Framework. The RSTP aims to protect contractual stability while safeguarding the rights of both players and clubs. However, the meaning and application of just cause continue to raise important legal questions.Methods The article uses a doctrinal legal approach. It examines the RSTP, the 2025 Interim Regulatory Framework, the FIFA Commentary on the RSTP, decisions of the FIFA Dispute …

Deporting Disability, Tania Valdez

Faculty Publications

Since the enactment of the earliest migration laws in the United States, people with disabilities have been targeted for exclusion and expulsion based on stereotypes that they are either dangerous or not productive. Although some of the pejorative language regarding disability in the Immigration and Nationality Act (INA) has changed over time, certain statutory provisions and the very structure of the INA still allow ableism to operate broadly in immigration adjudications. This Article focuses on the subtle, but pervasive, ways that immigration law disfavors noncitizens with disabilities. In particular, this Article examines ableism in the context of removal (commonly known …

Corporate Social Responsibility And Firm Value: A Critically Appraised Topic, Shinika L. Byrd

Engaged Management ReView

Corporate social responsibility (CSR) has become an important component of strategic management, yet whether it enhances firm value remains a debated question. This Critically Appraised Topic (CAT) synthesizes the most recent peer-reviewed evidence to examine the relationship between CSR and the firm value of U.S. publicly traded companies. The guiding research question is: Does corporate social responsibility improve firm value? Findings indicate that CSR does not consistently improve firm value. Rather, its impact depends on factors such as strategic alignment, governance quality, transparency, stakeholder perceptions, and market conditions. Evidence suggests that strategically integrated, employee-centered CSR initiatives are more likely to …

Las Voces Olvidadas Del Territorio: Infancias Mayas Ante El Conflicto Socioambiental En Ixil, Cielo María Ávila López, Myriam Montserrat Baca Canché, José Israel Herrera

Journal of Maya Heritage

Resumen: En la península de Yucatán, en el sureste de México, la comunidad maya de Ixil resiste ante los diversos intentos de implementación de megaproyectos en su territorio. En el marco de estas disputas territoriales, las voces de las infancias adquieren un matiz clave en el análisis de las dinámicas de desterritorialización y las respuestas de resistencia que devienen del contexto del conflicto socioambiental. Es así como, a partir de la ecología política y metodologías que favorecen el acercamiento a las voces de las infancias, emergieron los significados construidos en torno a dichos sucesos, lo que reveló que más allá …

Ndls Communicator: Week Of 08.10.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Welcomes Global Visiting Faculty for Fall 2026

Alumni News

• Alfredo Ortega '17 LL.M.
• Nicole Matusko '08 J.D.
• JoAnn Chávez '86, '90 J.D.
• Kimberly D. West '26 J.D.

Faculty Briefs

• Jennifer MAson McAward
• Lloyd Mayer
• Paolo Carozza
• John Meiser
• Patrick Corrigan
• Mary Ellen O'Connell
• Msgr. John Paul Kimes
• Derek Muller
• Sherif Girgis
• Rick Garnett
• A.J. Bellia
• Haley Proctor
• Ashley Sanchez
• Daniel Slate
• Stefan Daniel
• Nicole Garnett
• Stephen Tierney KC

Events

• Dean's Initiative for Leadership and Scholarly Excellence (LSE)
• Welcome Week

Around the Watercooler

• Farewell to Lisa Driver
• Staff Spot Awards accepting nominations

Sandbox Fictions, Douglas Sarro

Osgoode Hall Law Journal

Regulatory sandboxes are designed to give firms space to offer novel products and services to consumers on a trial basis, under an interim, tailor-made regulatory regime. Ideally, this leaves regulators better placed to understand how rules ought to be modified to accommodate new, socially beneficial offerings on a more permanent basis. But little is known about sandboxes’ implications for consumers. Will they reduce barriers to entry for innovative offerings that do a better job of serving consumer needs? Or will they lead regulators to compromise on consumer protections, allowing low-quality or even fraudulent offerings to flow into the markets they …

Corruption In The Service Of The Common Good: The Legitimation Of Traditional Practitioners In Cameroon, Victorine Oyane Ossah

Journal of Law and Public Policy

This article shows how health law and public policy, in seeking to regulate traditional medicine, without fully recognising it, paradoxically end up producing the very social conditions for the corruption that they are supposed to combat. The aim is to identify, based on the experience of traditional healers, the various factors that contribute to establishing corruption not as a moral choice, but as a pragmatic strategy for preserving their knowledge, resources, and place in the healthcare system. The analysis presented is based on a qualitative survey of 30 traditional medicine practitioners in Yaoundé and Douala between 2021 and 2026, in …

"Because The President Said So:" Agency Reason Giving And Presidential Statements Of Will, Nina A. Mendelson

Articles

Reason giving has long been understood to legitimate administrative agency actions by assuring legal, nonarbitrary, stable, and well-considered decisions. It is core to the Administrative Procedure Act's process and judicial review provisions. But the obligation to give reasons is receiving a challenge from the political accountability side, as executive orders skyrocket and the Supreme Court moves towards unitary executive theory in decisions such as Trump v. Slaughter and Seila Law v. CFPB. In striking down independent agencies under Article II, the Court has emphasized that political accountability of agencies to the President is critical. Both the President and executive agencies …

Major League Baseball's Major Labor Boondoggle: Rethinking Salary Arbitration, Matthew W. Givens

Kentucky Law Journal

No abstract provided.

The Separation Of Election Contest Powers, Casey Parker-Bell

Kentucky Law Journal

No abstract provided.

Kentucky's Alford Predicament: The Case For Curbing Qualified Guilty Pleas In The Commonwealth, Ben Whatley

Kentucky Law Journal

No abstract provided.

The Right To Have Rights In United States Territories, Anthony M. Ciolli

Kentucky Law Journal

No abstract provided.

Immigration Detainers, Local Law Enforcement, And Constraints On Bureaucratic Discretion: Recent Trends Under The Second Trump Administration, Richard T. Middleton, Sheridan Wigginton

Kentucky Law Journal

No abstract provided.

From Militarization To Military Enforcement: The U.S. Armed Forces And Immigration Control In The Second Trump Administration, Kit Johnson

Kentucky Law Journal

No abstract provided.

Immigration Bridges, Jaclyn Kelley-Widmer

Kentucky Law Journal

No abstract provided.

The Duty To Develop Imperative In Immigration Proceedings, Sabrineh Ardalan, Tiffany J. Lieu

Kentucky Law Journal

No abstract provided.

Deportation After Death By Incarceration: A Right To Redemption, Jennifer Lee Koh, Tin Nguyen

Kentucky Law Journal

No abstract provided.