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Ndls Communicator: Week Of 07.27.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Religious Liberty Summit
• Religious Liberty Clinic, Bellwether International, and Lantos Foundation publish report reviewing campaign that contributed to release of prisoner of conscience
• Notre Dame Legal History Colloquium to Begin Third Year of Meetings

Alumni News

• Shivani Prakash ‘24 J.D.
• Jared Huber ‘24 J.D.
• Dennis Wieboldt '26 J.D.
• Justice Mary Yu ’93 J.D.

Student News

• J.S.D. candidate Valentina Salazar and Pablo González Domínguez '16 J.S.D.
• J.S.D. candidate and Kellogg Ph.D. fellow Valentina Salazar

Faculty Briefs

• Nicole Garnett
• Joh Meiser
• Roger alford 
• Diane Desierto
• Emily Bremer
• Haley Proctor
• Carter Snead
• Susan Azyndar
• Yan Yu
• Cindy Tian
• Vincent Phillip …

The Role Of Social Emotional Learning In Utah’S Implementation Of Essa, Sharon Walles

Transforming Communities

The Every Student Succeeds Act (ESSA), as a policy, offers an additional tool to address the escalating adolescent mental health crisis. By acknowledging the critical link between student well-being, academic success, and evidence-based practices, this policy analysis explores how funding from ESSA can be leveraged to integrate Social Emotional Learning (SEL) within Utah’s schools. Experts, educators, and parents can be voices to combat misinformation surrounding the recent politicization of SEL and its implementation. This analysis connects Bronfenbrenner’s Ecological Theory, which highlights the interconnectedness of the environment, with the importance of prioritizing mental health within schools to help adolescents with issues …

The Possibilities Of Constitutional Education, Mark Jia

Georgetown Law Faculty Publications and Other Works

Constitutional scholarship has traditionally focused on formal constitutional actors: courts, legislatures, and executives. These actors are often regarded as primary sources of constitutional law, or in some cases, as final arbiters of constitutional meaning. More peripheral in this literature are actors thought to transmit what courts and high officials have established. These constitutional educators, including law professors, legal journalists, and civics planners, are often overlooked for defensible reasons: They lack the normative authorities of formal institutional actors, and they do not exercise power as it is often understood in public law.

This Article advances a general theory of constitutional education …

Judges, Speaking Of Death: Criminal Sentencing As A Socio-Cultural Practice In India’S Trial Courts, Ashna Devaprasad

Socio-Legal Review

What role does language play in legitimising the exercise of judicial discretion during sentencing? And what can a judge’s linguistic choices tell us about the wider sentencing culture of a criminal justice system? Sentencing outcomes have long attracted considerable attention in criminal law scholarship, but the process of sentencing – the logics judges use, the narratives they construct, and the audiences they seek to persuade – has received much less empirical scrutiny. Building on ideas from “law and culture” and organisational sociology literature, this Article proposes studying sentencing as a “socio-cultural” practice; one that qualitatively examines the judicial function of …

Pengabaian Hak Cipta Musik Dalam Pelatihan Algoritma Artificial Intelligence: Analisis Penggandaan Karya Dan Implikasi Hak Moral Pencipta, Adi Jaya, Reni B. Setianingrum

Jurnal Hukum & Pembangunan

The development of Artificial Intelligence in the music industry raises new legal challenges within copyright law, particulary regarding the use of copyrighted musical works as training data for AI algorithms, AI training processes typically involve digital reproduction, dataset storage, and musical pattern extraction, often conducted without consent or attribution, thereby posing risks to the protection of authors moral rights. This article examines whether AI training activities ca be legally classified as reproduction under Indonesia’s Copyright Law (Law No. 28 of 2014) and analyzes their implications for the protection of moral rights. Using a normative legal research method with statutory, conceptual, …

Problematika Penegakan Kode Etik Di Dpr Ri, Mayda Dewinta Putri, Deniza Saqina Utami, Gamaliel Basamido Sinaga, Mohammad Ramadhana Hasan, Kezia Eliora Zacharias

Jurnal Hukum & Pembangunan

The enforcement of the code of ethics in the House of Representatives (DPR) plays an important role in maintaining the dignity and accountability of the legislative body. However, in practice, this enforcement effort still faces various structural and cultural obstacles. This study aims to analyze the legal framework and mechanisms for enforcing the code of ethics in the DPR, as well as to identify the challenges that hinder its effectiveness. Using a descriptive juridical method, it was found that the Honorary Council of the House (MKD) and the Honorary Board (BK) as internal ethics enforcers are often constrained by political …

Optimalisasi Rehabilitation And Resettlement Demi Pemulihan Hak Penghidupan Layak Dalam Pengadaan Tanah Untuk Kepentingan Umum Di Indonesia, Dyan Franciska Dumaris Sitanggang

Jurnal Hukum & Pembangunan

Land acquisition for public purposes should balance development goals with the protection of human rights, particularly those of vulnerable communities. However, Indonesia’s legal framework has not fully incorporated a rights-based approach that ensures sustainable livelihoods for affected populations. This article proposes the adoption of a comprehensive Resettlement and Rehabilitation (R&R) approach, with reference to India’s legislative model, that goes beyond relocation by ensuring proper resettlement and long-term livelihood rehabilitation. Special consideration should be given to indigenous peoples affected by land acquisition on customary lands. The study recommends strengthening community participation from the planning stage, improving coordination among relevant government institutions, …

Pelanggaran Pemberian Hak Atas Tanah Pada Wilayah Perairan Pesisir, Chikita Handriana

Jurnal Hukum & Pembangunan

The construction of sea barriers in several coastal waters has revealed the issuance of land titles within certain areas designated for such development, which were subsequently annulled due to procedural and substantive defects in their issuance. This phenomenon reflects administrative disorder in the management of coastal areas and poses a potential risk of state losses. The issue warrants thorough examination, as violations in the granting of land rights not only affect governance and administrative order but may also escalate into corruption offenses where abuse of authority or financial loss to the state is involved. The primary objective of this research …

حول دستورية الحقوق والمبادئ الأساسية في قانون أصول المحاكمات الجزائية الجديد, دريد بشراوي

Proche-Orient, Études juridiques

No abstract provided.

L'Opinion Dissidente Du Juge Et Le Secret Du Délibéré, Nasri Diab

Proche-Orient, Études juridiques

No abstract provided.

La Différence Entre Le Contrat De Franchisage Et Le Contrat De Représentation Commerciale En Droit Libanais, Mazen N. Houssami

Proche-Orient, Études juridiques

No abstract provided.

Pour Une Théorie Générale Des Libertés Publiques Au Liban, Georges J. Assaf

Proche-Orient, Études juridiques

No abstract provided.

La Santé Au Travail En Droit Libanais, Nasri Diab

Proche-Orient, Études juridiques

No abstract provided.

Le Patrimoine D’Affectation En Droit Libanais, Maya Hardini

Proche-Orient, Études juridiques

No abstract provided.

Avant-Propos, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

Is Originalism Orthodoxy?, Neel Sukhatme

Articles

What theory of constitutional interpretation has the Supreme Court followed? We search Supreme Court opinions for a wide range of sources that originalists identify as central to their methodology, over the entire universe of cases beginning in 1791. We find that for much of Supreme Court history, conventional indicators of originalist practice--citations to Founding-era sources--are largely absent, raising questions about originalism's past orthodoxy. Originalist citation practices are absent for much of the 19th century and grow sharply in the late 20th century. The Article elaborates the implications of these findings for debates in constitutional law.

Regulatory Innovation Through Authority: An Analysis Of India’S Central Consumer Protection Authority’S Functioning (2020–2025), Gaurav Pathak, Mohit Yadav, Anush Ganesh

International Journal on Consumer Law and Practice

This article presents the first comprehensive empirical analysis of India’s Central Consumer Protection Authority (CCPA), since its establishment in 2020, based on an examination of 165 orders across 118 cases through 2025. The study fills a critical research gap by systematically analysing CCPA’s enforcement patterns, procedural efficiency, and regulatory evolution. The unique dataset reveals that CCPA has fundamentally transformed India’s consumer protection landscape through a distinctive dual approach that combines reactive enforcement with proactive regulation. This study finds that 72 per cent of cases were initiated suo moto, indicating a paradigm shift from complaint-driven to preventive market surveillance and that …

Redefining Authorship And Licensing In The Age Of Generative Ai: Navigating The Future Of Copyright Law, Sara Sabri

DePaul Law Review

No abstract provided.

Pharmaceutical Drug Regulation After Loper Bright, Aleja Norton-Abad

DePaul Law Review

No abstract provided.

Riding The Waves Of Bipa Litigation: Illinois Courts' Rulings On Insurers' Duty To Defend, Tetyana Kasiyan

DePaul Law Review

No abstract provided.

Exploring The Cosmos: Legal Issues In The Age Of Space Tourism, Cameron Erdman

DePaul Law Review

No abstract provided.

Fingerprint Evidence In Court: How Flawed Error Estimations Disserve The Criminal Legal System, Brendan Max

DePaul Law Review

Estimations of rates of errors committed by forensic fingerprint

examiners play an important role in the criminal legal system.

Judges and jurors rely on error rate estimations as primary

indications of the probative value of assertions by fingerprint

examiners that they can reliably identify the people who deposit

latent prints at crime scenes. Recognizing the need to qualify

fingerprint identification claims with error estimations, the forensic

community has sought to conduct large-scale controlled testing of

fingerprint examiners in order to offer error estimations. One type

of error estimation generated from controlled testing is a false

positive rate, which expresses the …

The Supreme Court's Pragmatic Turn On The Separation Of Powers: Refining Appointments Clause And Nondelegation Doctrine, Peter Margulies

DePaul Law Review

Pragmatism is the hallmark of two recent Supreme Court

decisions on the separation of powers, Kennedy v. Braidwood

Management, Inc., and Federal Communications Commission

(FCC) v. Consumers’ Research. These cases, which dealt with the

Appointments Clause and the nondelegation doctrine (public and

private) respectively, reject a rigid, literalist approach. Instead,

these decisions strive to make government workable, in the process

facilitating implementation of Congress’s plans.

Both Braidwood and Consumers’ Research decline to require

Congress to recite “magic words” or lock in future executive branch

officials with mechanical formulas or caps on fees. Instead, each

decision looks at legislation …

Letter From The Editor, Thomas J. Stoodt Jr.

DePaul Law Review

No abstract provided.

Table Of Contents

DePaul Law Review

No abstract provided.

Kidfluencer Protection Laws: The Good, The Bad, And The Best Fit Legislative Safeguards Against The Harms Of Monetized Sharenting, Emma Lee

DePaul Law Review

No abstract provided.

Son Of Sam Laws And The Alternative Methods For Addressing The Underlying Policy Considerations: It Takes More Than Good Moral Intuition To Make A Good Law, Kyra Holzmacher

DePaul Law Review

No abstract provided.

Hail Kisor? Why Stinson Controls Sentencing And Courts Must Defer To The Commentary Of The U.S. Sentencing Guidelines, S. Tony Eyer

DePaul Law Review

No abstract provided.

To Defer Or Not To Defer, That Is The Question: Whether It Is Better To Follow The Bia's Interpretation Of Deportable Crimes Or Conduct An Independent Analysis Of Applicable Criminal Statutes, Kristen Dant

DePaul Law Review

No abstract provided.

The Black Hole Of Capital Gains: Etf Swap Funds, Jeffrey M. Colon

DePaul Law Review

ETFs have begun to challenge mutual funds as the dominant

U.S. public pooled asset vehicle. Their constant liquidity, exposure

to an ever-widening range of investment strategies, and highly

touted tax efficiency have driven the explosive growth in the assets

under management of ETFs over the last fifteen years. The tax

efficiency is due to Section 852(b)(6), which permits ETFs to

distribute appreciated property tax free and eliminate all fund-level

taxable gains even while making portfolio adjustments, which

mutual funds cannot do.

Fund sponsors have developed various strategies to exploit the

benefits of Section 852(b)(6), with the newest being the launch …