Digital Commons Network^™

The Lebanese Holding Company, Michel Soumrani

Proche-Orient, Études juridiques

No abstract provided.

L'Exercice De La Fonction Législative Au Liban : Approche Juridico‑Politique, Daoud Sayegh

Proche-Orient, Études juridiques

No abstract provided.

المحكمة العليا الأميركية في النقاش القانوني المعاصر: مراجعة المحكمة القضائية بين نظرية جن هارت إيلي ونظرية روبرت بورك, شبلي الملاّط

Proche-Orient, Études juridiques

No abstract provided.

La Constitution Américaine Et La Cour Suprême Des États-Unis : Un Envers Juridique De Robert Bork : John Hart Ely, Chibli Mallat

Proche-Orient, Études juridiques

No abstract provided.

Les Éléments Structurels Du Blocage : Rupture Du Consensus Et Institutionnalisation De La Dyarchie, Fadia Habib

Proche-Orient, Études juridiques

No abstract provided.

Cardozo Law News Brief: October 16, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the October 16, 2026 Cardozo Law News Brief include:

• Professors Jessica Roth and Sam Weinstein discussed the Justice Department’s investigation of the White House press pool and its implications for antitrust law and First Amendment protections.

• Professor Alexander Reinert spoke to Spectrum News about qualified immunity and a California law allowing lawsuits against federal officers.

• Professor Gabor Rona spoke to Truthout about President Trump’s rhetoric toward Iran and international humanitarian law.

Faculty news includes:

• Professor Michael Pollack presented his book Sidewalk Nation at several academic and transportation events.

• University Professor Michel Rosenfeld participated in international academic discussions on …

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Attacks On Merchant Vessels Under The Law Of Economic Naval Warfare And Protection Of The Marine Environment: Lessons From The Russia-Ukraine War And The U.S.-Iran War, Alexander Lott

International Law Studies

This article examines the legality of attacks on merchant vessels during international armed conflicts, using reported Russian, Ukrainian, Iranian, and United States attacks between 2022 and 2026 as case studies. It evaluates belligerent rights to visit and search, divert, seize, disable, or, exceptionally, destroy merchant vessels under customary law. Drawing primarily on State practice, the study compares Russia’s blockade of Ukraine, Iran’s closure of the Strait of Hormuz, and the United States’ blockade of Iran. The emerging concept of a de facto blockade and its fusion with warning zones creates legal uncertainty and undermines humanitarian protection.

The legality of Iranian …

Norm-Based Remedies For Statutory Inequalities, Evan H. Caminker

Articles

Upon finding that a statute creates an unconstitutional inequality, courts face an intriguing remedial question: how to enjoin executive officials henceforth to implement the statute in a nondiscriminatory manner. There are almost always two options: “leveling up” to extend a statutory benefit or burden to the initially excluded group, and “leveling down” to withdraw the benefit or burden from the initially included group.

For decades, the Supreme Court has approached this remedial enterprise as if no substantive constitutional values guide the choice between leveling up and leveling down; so long as the remedy establishes prospectively equal treatment at any level, …

International Law Can't Get No Respect, Cindy G. Buys

ConLawNOW

This Essay addresses the recent trend in the U.S. Supreme Court of refusing to seriously engage with the United States’ commitments under international law. It argues this refusal to acknowledge the role of international law in U.S. law disregards the U.S. Constitution’s inclusion of treaties as part of the Supreme Law of the Land and the Court’s own long-standing position that “international law is part of our law.” This Essay uses two cases from the Court’s 2025 term, Mullin v. Al Otro Lado and Cisco Systems, Inc. v. Doe to illustrate the Court’s disregard of international law and highlights some …

Law Enforcement Perceptions Of An Integrated Co-Responder Model: A Qualitative Case Study At The Jefferson County Sheriff’S Office, Austin D. Schwent

Doctoral Dissertations and Projects

Law enforcement personnel often serve as first responders to behavioral health crises, yet limited research has examined agency-based co-responder models staffed by embedded mental health professionals. This descriptive, non-evaluative, site-specific generic qualitative case study examined commissioned personnel’s descriptions of the benefits and challenges of the Jefferson County Sheriff’s Office Crisis Response and Mitigation Unit (CRMU) and perceived operational differences from external partnership models. The anonymous PowerDMS questionnaire served as the primary participant-derived source and produced 91 routing-item responses and 528 nonblank narrative response units; three organizational artifacts supplied procedural, historical, and structural evidence concerning the bounded case. The researcher manually …

Voices Of Resistance: The People, The Press, And The Law, Robert S. Chang, Erica Lomeli Corcoran, Memo Torres, Gary Williams, Isais Benavides, Julie Morales, Astrid Hernandez

Loyola Interdisciplinary Journal of Public Interest Law

Loyola Public Interest Palooza Panel Transcription

Wednesday, March 25, 2026

When The Modern Public Square Goes Private: The Supreme Court's Struggle Over Social Media As The New First Amendment Frontier, Jason M. Shepard, Kathleen Bartzen Culver

Loyola Interdisciplinary Journal of Public Interest Law

In the wake of the Supreme Court’s 2024 decisions in Moody v. NetChoice and NetChoice v. Paxton, the meaning of free expression in the digital age is being rewritten. Our research analyzes how the Court, advocates, and amici invoked decades of First Amendment and media law precedent to define whether social media platforms act as speakers with editorial rights or as common carriers open to regulation. Relevant doctrines include First Amendment implications of medium-specific regulations, common carrier definitions, speaker autonomy, editorial discretion, expressive conduct, intermediate and strict scrutiny analysis, content-based regulations, viewpoint neutrality, and public forum analysis. Drawing on an …

Chin Music: Chilling Legal Advocacy Through Executive Orders Attacking Law Firms, Robert S. Chang

Loyola Interdisciplinary Journal of Public Interest Law

Introduction to amicus brief challenging executive orders targeting law firms.

The amicus brief itself is reproduced as filed with the Supreme Court of the United States.

Her Discerning Eye, Abigail Stepnitz

ConLawNOW

Court watchers read each Supreme Court term like tea leaves, seeking in the record a deeper meaning about who we are and where we are going. To read the recent term, this Essay takes up Oliver Wendell Holmes’s image of law as a tapestry woven for its initiates and Robert Cover’s account of courts as jurispathic, killing competing legal meanings to preserve a coherent archive. It sees the 2025–26 term not as a set of doctrinal developments or even political compromises, but as a weave of foreclosed claims, in which what the discerning eye can read is those foreclosures, those …

L'Expropriation Pour Cause D'Utilité Publique, Antoine Moarbès

Proche-Orient, Études juridiques

No abstract provided.

Le Discours Politique De L'Élite Musulmane Traditionnelle Au Liban : 1943-1975, Hala Soubra

Proche-Orient, Études juridiques

No abstract provided.

Le Problème De La Valeur Juridique Des Principes Généraux Du Droit, Adnan Dannaoui

Proche-Orient, Études juridiques

No abstract provided.

وثيقة الوفاق الوطني وتعديل الدستور, إدمون رباط

Proche-Orient, Études juridiques

No abstract provided.

Législateurs Déguisés En Juges Ou Fidèles Serviteurs De La Loi?, Michel Halbecq S.J.

Proche-Orient, Études juridiques

No abstract provided.

A Model Administrative Order Regarding The Use Of Artificial Intelligence, Martin B. (Marty) Mcgee

Duke Center on Law & Technology

No abstract provided.

Ndls Communicator: Week Of 10.12.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging Supreme Court to reject state-sponsored religious instruction

Alumni News

• Jorge Barrera-Rojas ’25 J.S.D.
• Josephine Ndagire ’08 LL.M.

Faculty Briefs

• Rick Garnett
• Paolo Carozza
• Msgr. John Paul Kimes
• Mark Hill KC
• John Nagle
• Derek Muller
• Dennis Wieboldt ' 26 J.D.
• Diane Desierto

ND Law in the News

• University President Rev. Robert A. Dowd, C.S.C., has established a new committee tasked with authoring a report on respectful dialogue at Notre Dame. Dean G. Marcus Cole will co-chair the committee alongside Kate Marshall, associate dean in the College of …

Between Shut It Off And Keep It On: The Legality Of Internet Shutdowns Under International Law, Yohannes Eneyew Ayalew

Vanderbilt Journal of Transnational Law

Internet shutdowns are on the surge across the globe, at least four dozen states-imposed internet shutdowns in 2024 alone, in armed conflicts and other situations. In some states where an authoritarian propensity or “digital sovereignty” reigns, internet shutdowns are being imposed to control political narratives during the conduct of hostilities. These states justify their actions using a “shut it off” argument, claiming that the internet is a luxury and further asserting that access to the internet may be overridden by national security or other justifications. On the other hand, there are states that advance open access to the

Internet shutdowns …

Lawfare’S New Frontier: International Commercial Arbitration In The Shadow Of Sanctions, Sophie Yue Zhao, Han-Wei Liu

Vanderbilt Journal of Transnational Law

This Article examines how international commercial arbitration is being reshaped by economic statecraft through the lens of lawfare—the strategic use of law as a substitute for traditional coercive tools. Building on Orde Kittrie’s framework, it identifies two modalities of State-driven lawfare affecting arbitration. Instrumental lawfare operates where domestic legal measures displace arbitral authority, exemplified by Russia’s assertion of exclusive jurisdiction over sanctions-related disputes. Compliance-leverage lawfare, by contrast, does not bar arbitration outright but raises the costs and risks of participation, evident in restrictions on legal services and banking access that complicate representation and payment in arbitral proceedings. Beyond State action, …

Improving Case Management For Refugee Child Brides, Harper Kelly Esterle

Vanderbilt Journal of Transnational Law

A significant number of forcibly displaced persons throughout the world are not only children, but children who are married. When these married minor refugees arrive in host countries, they are often met with concern, judgment, or a critical lack of understanding or regulated procedure for handling their immigration cases. Children are often forcibly separated from their partners and thus isolated from the only family they came with, or they are forced to undergo an extensive judicial review process that, by the time it is resolved, is no longer relevant as the married minors at issue have since reached the age …

Institutionalizing Protection Of Climate Migrants Through A Global Framework Convention On Climate-Induced Migration, Caroline Spencer

Vanderbilt Journal of Transnational Law

Climate change poses an urgent global challenge, threatening to internally displace 216 million people across six regions by 2050. While it is difficult to predict the extent of crossborder migration, there is no question that climate change will drive cross-border migration. Human rights law and international climate change law require states to protect climate migrants’ human rights; however, the current international framework is inadequate and exhibits a significant protection gap. States possess an obligation under both international human rights law and climate change law to pursue adaptation measures that protect and restore affected human rights, including ensuring protection against refoulement. …

Brief Of Richard W. Garnett As Amicus Curiae In Support Of Defendant-Appellant And Reversal, John L. Rockenbach, Richard W. Garnett

Court Briefs

No. 23-3696
United States of America v. Mujera Benjamin Lung'aho

On Remand from the Supreme Court of the United States, Case No. 25-6124

Appeal from the United States District Court for the Eastern District of Arkansas
Case No. 20-cr-288-DPM-1 Hon. D.P. Marshall Jr.

From the Summary of Argument

In light of Landor v. Louisiana Department of Corrections & Public Safety, Section 844(f)(1) of Title 18, as applied to Mr. Lung’aho, exceeds Congress’s constitutional authority. It is a fundamental principle of constitutional law that the federal government lacks a general police power. Therefore, there are real and enforceable limits on …

Results Without Reasons, Margaret H. Lemos

Vanderbilt Law Review

Modern theories of precedent assume a connection between the outcome of a case and the reasons that support it. A case stands as precedent not (only) for its result but for its ratio decidendi, the rationale on which the decision is based. But what happens when there is no such rationale—when a multimember court issues a decision without majority agreement on the reasons? In the Supreme Court, such cases are governed by Marks v. United States, which instructs lower courts to find the Court’s holding in the position of the Justice(s) who “concurred in the judgments on the …

A Century Of Complexity: Reassessing Jurisdictional Veil Piercing In Light Of Modern Corporate Structures, Dominic Steve Brown

Vanderbilt Law Review

Modern corporate enterprises frequently operate through intricate networks of layered subsidiaries, yet courts continue to rely on a rigid and outdated presumption of corporate separateness rooted in a decision predating the current personal jurisdiction regime. In the context of jurisdictional veil piercing, this presumption of separateness has produced doctrinal confusion, inconsistent outcomes, and underenforcement against parent corporations that frequently control, and profit from, forum-based activities carried out by subsidiaries.

This Note argues that the prevailing approach, involving the importation of substantive corporate law doctrines into the jurisdictional analysis, contravenes both modern personal jurisdiction doctrine and contemporary corporate practice. Drawing on …

The Normative Canons Of Criminal Law, Brian G. Slocum

Vanderbilt Law Review

The rule of lenity is an ancient maxim directing that ambiguities in criminal statutes be interpreted in favor of defendants. Courts rarely rely on the rule of lenity, though, and its future is currently being debated. Justice Kavanaugh argues for its elimination, even as Justice Gorsuch argues for it to be strengthened. Most commentators agree with Justice Gorsuch, typically advocating that the rule of lenity be made more powerful. This Article argues for a different approach: The rule of lenity can be strengthened by limiting it to resolving linguistic ambiguity. 

This Article explains why the rule of lenity plays an …

Weird Cops (Agency Police), Farhang Heydari

Vanderbilt Law Review

The police badge has migrated deep into the administrative state. Parks, schools, transit, housing, revenue, conservation, insurance, and gaming agencies now field tens of thousands of sworn “Agency Police”—often with full arrest powers despite missions far removed from general public safety. The footprint of these officers is significant and expanding, outpacing the growth of traditional law enforcement. Far from being limited to certain communities, Agency Police attract support across the political spectrum, from law-and-order policymakers to reformers. And yet, Agency Police are largely ignored in legal scholarship. The result is that a large slice of U.S. criminal enforcement is poorly …