Digital Commons Network^™

Bauer Lecture 2026, Cardozo Law Review

2025–2026 Flyers

Join us for a keynote address by Michael Waldman, President and CEO of the Brennan Center for Justice at NYU School of Law. A nonpartisan law and policy institute that focuses on improving systems  of democracy and justice, the Brennan Center is a leading national voice on voting rights, money in politics, criminal justice reform and constitutional law.

Mmu: 01/26/26-02/01/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Legal Paradoxes Of Transition: Transitional Justice And The Rule Of Law Between Nürnberg And Saddam Hussein Trials, Rasha Abdelsamea Ahmed Baghdadi

Theses and Dissertations

ABSTRACT

This thesis critically examines the legal paradoxes embedded within transitional justice (TJ) discourse, using the Nürnberg and Saddam Hussein trials as case studies to interrogate the complex relationship between justice and the rule of law in TJ discourse. It highlights the inherent tension between forward-looking societal reforms and the pursuit of backward-looking justice, challenging the foundational assumptions of TJ as a universal tool for justice and peace. It also questions the validity and credibility of "transition" as a phase between the past and the future. It contends that TJ, driven by Western liberal epistemic foundations, functions as an exclusionary …

Perlmutter Center's Derrick Hamilton, Reform Advocates Secure Passage Of New York State's Prison Justice Omnibus Package, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law recognized Derrick Hamilton, Deputy Director of the Perlmutter Center for Legal Justice, and fellow criminal justice reform advocates for their role in advancing New York State's Prison Justice Omnibus Package. The legislation expands transparency, oversight, and accountability in state correctional facilities and reflects the advocacy of the End Prison Violence campaign.

Rotting In Prison: Exploring The Food-Driven Health Epidemic In Our Correctional System, Alexis S. Gabel

Journal of Health Care Law and Policy

No abstract provided.

A Comparative Analysis Of The Rule Of Lenity And National Power Structures, Albert Kwon

Notre Dame Journal of International & Comparative Law

No abstract provided.

Diet: Another Piece Of The Crime Puzzle?, Jerrod Brown, Jeremiah Schimp, Leanne Skehan, Amanda Fenrich, Janina Cich

Nutritional Neurocriminology Today

An expanding body of research suggests that diet and nutrition may play an influential yet underrecognized role in problematic and criminal behaviors. This article synthesizes research linking excessive consumption of sugar and ultra-processed foods to adverse neurobehavioral outcomes, impaired impulse control, aggression, mood dysregulation, and sleep problems. Integrating research suggests that metabolic disruption, neuroinflammation, and gut–brain axis dysfunction may influence cognitive and emotional regulation. While criminal behavior is complex and multifactorial, this article emphasizes nutrition as a modifiable factor to inform forensic mental health practice, correctional policy, and rehabilitative strategies.

Brief Of Amici Curiae The Notre Dame Law Education Project And Utah Education Fits All In Support Of Appellants, Tyler R. Green, Nicole Stelle Garnett

Court Briefs

No. 20250512-SC
Derek Brown, Attorney General v. Kevin Labresh

From the Argument

No one doubts the significant public interest in K-12 education. Brown v. Board of Education, 347 U.S. 483, 493 (1954) (“[E]ducation is perhaps the most important function of state and local governments.”). And, for centuries, the critical responsibility for educating young people has been borne in significant part by private schools. Indeed, for many decades, private schools were essentially the only source of childhood education in the United States. It is a role those schools served—and continue to serve—well. While in Utah, as elsewhere, public schools are …

Vol. 70, No. 2 (January 19, 2026)

Indiana Law Annotated

No abstract provided.

In Defense Of Mapp - And The Good Faith Exception, Michael J. Zydney Mannheimer

Seton Hall Law Review

No abstract provided.

Officers On Patrol: Perspectives Of An Arrest On Past And Present Law Enforcement Officers, Shanee N. Ellington

Doctoral Dissertations and Projects

While attempting to apprehend suspects, police officers must contend with complex obstacles arising from the arrest's legal, ethical, and sociopolitical context. Officers had to follow their department’s guidelines while also developing legal procedures when carrying out an arrest. The study focused on how an officer’s perception of arrest decisions and procedures encapsulated challenges and ethical dilemmas. Through a semi-structured interview with twenty respondents, this research explored the implications of arresting behaviors on officers’ professional identity formation and development. The data analysis followed the grounded theory approach, which focused on identifying differences and similarities between former and current officers over time. …

Editorial

Indian Journal of Law and Technology

No abstract provided.

The Evidence Machine: Rethinking Admissibility And Privacy In India's Ai Surveillance State, Samyukta Ramaswamy

Indian Journal of Law and Technology

The proliferation of artificial intelligence (‘AI’) surveillance technologies that utilise machine learning (‘ML’) capabilities to gather and process information to derive insights about individuals has transformed the surveillance landscape by enabling governments and private entities to engage in increasingly pervasive monitoring and data-driven profiling. In India, this transformation is compounded by the presence of executive-controlled surveillance mechanisms under the legal framework of the Telecommunications Act 2023, the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules 2024, and the Digital Personal Data Protection Act 2023, amongst others, which authorises wide-ranging data interception and dragnet surveillance while exempting government agencies …

Circumscribing Alaskan Law Enforcement’S Access To Pretrial Electronic Monitoring Location Data, Rosa Gibson

Alaska Law Review

In Alaska, pretrial detainees comprise much of the state’s prison population. Electronic monitoring—made possible by recent bail reforms—provides a pathway to pretrial release for those who cannot afford to pay bail. Using GPS data, the Pretrial Enforcement Division can monitor the location of a releasee’s ankle monitor for supervisory purposes. But when law enforcement seeks warrantless access to that data to investigate crimes other than the one for which a releasee is awaiting trial, that intrusion raises concerns under Alaska’s constitutional right to privacy. This Note argues that the Alaska judiciary, which is best positioned to guard the privacy of …

What Can Legal Knowledge Do For Access To Justice?, Kathryne M. Young, Heidi H. Liu

Duke Law Journal

Worker misclassification is one of the most pervasive and harmful civil justice problems in the U.S. The inaccurate and illegal categorization of workers as independent contractors costs U.S. workers billions of dollars annually in overtime pay and health benefits—a problem that has become even more pervasive with the expansion of the gig economy.

Yet, worker misclassification is only one dimension of the broader “access to justice crisis” in the United States—the unsolved legal problems and unmet legal needs that touch most people’s lives and livelihoods at many points, but especially impact low-income people and people of color. These legal issues …

The Right To A Fair Trial In International Law And African Experiences, John Mukum Mbaku

Georgia Journal of International & Comparative Law

A country’s system for the administration of justice significantly impacts the rights and lives of its inhabitants, which may include citizens, nationals, and temporary residents (e.g., refugees, asylum seekers, religious pilgrims, and other travelers in transit). A robust and fair system for the administration of justice is an important element of the rule of law and serves as a guard against impunity in general and the abuse of human rights and fundamental freedoms in particular. Such a robust system for the administration of justice is especially important for the protection of the rights of vulnerable groups (e.g., women and girls, …

Mmu: 01/12/26-01/18/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

The Regulation Of Technological Innovation In Financial Services: A Comparative Approach With Respect To Digital Assets And Artificial Intelligence, Howell E. Jackson, Katja Langenbucher

Law and Contemporary Problems

No abstract provided.

Reconnect Or Disconnect?: Using Technology To Address Loneliness And Social Isolation For Aging Adults And Its Regulation, Laura C. Hoffman

Akron Law Review

No abstract provided.

Food Insecurity. A Factor In Criminal Behavior?, Jerrod Brown, Jeremiah Schimp, Leanne Skehan, Janina Cich

Nutritional Neurocriminology Today

This article examines how food insecurity and limited access to nutritionally adequate foods impair cognitive function, emotional regulation, decision-making, and impulse control. Emerging research purports that individuals experiencing food insecurity face increased risks of mental and physical health problems, violent behavior, delinquency, heightened childhood vulnerability, and criminal justice involvement across the lifespan. The article advocates for increased awareness, routine screening, and specialized training for professionals in mental health, social services, and the criminal justice system to address food insecurity, thereby supporting long-term policy and community-level strategies that reduce criminal behavior and improve outcomes for vulnerable populations.

Bigger Isn’T Always Better: The Texas-Size Problem Of Overbreadth In Criminal Discovery, Allison Siegwald

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Nova Law Review Full Issue Volume 50, Issue 1

Nova Law Review

No abstract provided.

Better Off In The Big Leagues: Why Juveniles Who Get Direct Filed Have More Rights When Analyzed From A Constitutional Standpoint, Lexi Kest

Nova Law Review

No abstract provided.

Safety Valves In Charter Analysis:A Quick Fix Rather Than A Structural Solution, Jamie Chai Yun Liew

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

A safety valve is a flap, lid or device that acts as a fail-safe. For those unfortunate to have experienced backflow into your home, a safety valve installed in a sewer line permits wastewater to exit while blocking unwanted backflow. It is a reliable and indispensable tool in this context. The legal world has adopted this term in constitutional analyses. This paper examines whether legal safety valves do provide relief. First, the paper provides an overview of how safety valves have been installed in the Supreme Court of Canada’s legal analyses. Then the paper provides a sober discussion of how …

A New Justification For Section 12 Hypotheticals Andtwo Rules For Constructing Them, Lisa Kerr, Michael Perlin

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

The use of the reasonable hypothetical device in the section 12 context has been a source of unceasing controversy. The Supreme Court has tried to lay the debate to rest; but we argue that there are convincing and practical reasons for the use of hypotheticals which the Court could do more to explain, as a way to persuade skeptics. These reasons are tied to the realities of the criminal justice system and how mandatory penalties can shape penal outcomes in covert ways, apart from, and in addition to, delivering cruel and unusual punishment to individuals. Along with articulating this new …

Prescribing Plenary Powers:The Evolution And Intersection Of Criminal Andhealth Jurisdiction In Canadian Federalism, Benjamin Perryman

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Using the Supreme Court of Canada’s recent decision in Murray-Hall v. Québec (Attorney General) as a focal point, this paper tracks the evolution and intersection of the federal criminal law power and the provincial health law power in Canadian federalism cases. Part II of the paper examines existing methods used to prescribe plenary powers, including interpretative narrowing (formalism), expansion of concurrent federalism (double aspect), and purpose review (colourability). The paper shows that the Supreme Court of Canada has applied these prescriptions to the federal criminal law power but rarely to the provincial health law power. Part III looks around the …

The Legality Of Incorporating Provincial Law Into A Criminal Offence, Colton Fehr

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

The drafters of the 1867 Constitution Act were unmoved by the argument that the substantive criminal law ought to be crafted by each individual province as a means to preserve regional values. They instead assigned the criminal law power to the federal government to better promote legal stability and clarity when the state attempts to deprive a citizen of their liberty. A recently rejuvenated practice of incorporating provincial offences within the definition of criminal offences unfortunately ignores the rationale underlying this division of authority. Identifying this inconsistency would have proven useful in Murray-Hall v. Québec (Attorney General) as a more …

Understanding Public Support For Courts In Canada, Erin Crandall, Andrea Lawlor

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Do Canadian citizens support their courts, and what factors influence that support? While it is well recognized that public confidence in the judicial branch is crucial for its effective functioning, how to measure and analyze this confidence is debated. This article explores how social scientists conceptualize and study trust and perceptions of legitimacy in courts. Using data from the Canada Election Studies spanning 2008 to 2021 and an original survey conducted in 2023, this article provides an overview of the current state of trust in Canadian courts, the known correlates of confidence, and recommendations for maintaining public support. We find …

Death Without Discretion: The Legality Of Mandatory Capital Punishment In Tanzania, Kimberly Austin

Human Rights Brief

The African Court on Human and Peoples’ Rights (AfCHPR) recently found that Tanzania’s mandatory death penalty by hanging violates the rights to life and dignity, guaranteed under Articles 4 and 5 of the African Charter on Human and Peoples’ Rights (the Charter). The Court’s judgment on June 26, 2025, in Tembo Hussein v. United Republic of Tanzania demanded rapid reform of Tanzania’s criminal laws in the name of preserving human rights.

Toddlers, Investors, And Tax Policy, Lauren Shores Pelikan

Faculty Publications

There is a continuing childcare crisis that worsens every year. Congress has historically used tax incentives aimed at parents and employers to try to alleviate the lack of affordable childcare. However, with private equity's increasing investment in the childcare sector, this Article advocates for an entirely new approach: Congress should encourage more people to work in the childcare sector by enacting a tax benefit for the individual childcare service provider.

Childcare is a broken market. The labor-intensive nature of the industry results in razor thin profit margins, and wages remain low due to entrenched racial and gender norms. There is …