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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 …

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.

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 …

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 …

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 …

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 …

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: …

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 …

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 …

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 …

Normative Dualism And Parallel Institution-Building: The Case Of International Commercial Dispute Prevention And Settlement Organization (Icdpaso), Kun Fan, Xiaolei Han

International Law Journal

As China rises as a global power, it confronts an international legal order historically shaped by Western actors. In response, China has adopted a dual strategy: engaging with existing institutions while building “parallel institutions” to advance its influence. This paper examines the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) as a case study of this strategy and analyzes how China seeks to reshape international dispute resolution. Drawing on original empirical data—including 85 interviews with arbitrators, users, officials, and legal experts—this paper provides the first comprehensive analysis of ICDPASO’s strategic motivations, governance model, dispute resolution mechanisms, and user perceptions. We …

Book Review: After Apprendi And Erlinger, The Jury - Not The Judge - Determines Whether Or Not The Defendant Is A Habitual Traffic Offender, Harvey Gee

ConLawNOW

This book review discusses Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration by Rachel Barkow. The review concludes that the book persuasively argues that from the 1960s through the 1980s, the Supreme Court repeatedly departed from constitutional text, history, and precedent in expanding the government’s power to arrest, prosecute, and detain. And contends that these trends both curtailed individual liberty and worsened racial inequality. The review then builds on Barkow’s important scholarship to extend her conversation to cover criminal litigation in general jurisdiction state courts—where people are compelled to go when they are cited or …

The Principle Of Legal Certainty In Criminal Legislation As A Pillar Of The Legality Of Crimes And Punishments, Ali Qasim Abu Al-Hail, Jalal Al-Din Qiyasi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

This study examines and analyzes the “Principle of Legal Certainty in Criminal Text” as an indispensable substantive pillar for activating the principle of legality of crimes and punishments in contemporary legal systems. The research problem stems from the reality of legislative practice, which frequently falls into the trap of using vague and elastic formulations under the pretext of combating evolving crimes. This vagueness destroys legal certainty, deprives individuals of the predictability of criminal behavior, and implicitly shifts the de facto power of incrimination from the legislator to the judge. To address this issue, the study adopts an analytical-rooting approach, supported …

Appellate Oral Argument In The Federal Courts Of Appeals: A Vestige Of The Past, Or A Vital Check On Intuitive Decision-Making?, Jessica K. Webb

Faculty Publications

No abstract provided.

Rodrigo’S Weather Report: Is The Sky Falling?, Richard Delgado

Minnesota Journal of Law & Inequality

In the latest installment of the Rodrigo series, the main character and his straight man discuss what has come to be called sanewashing, focusing on the Administration’s many contrived emergencies to accomplish objectives that would otherwise be flatly illegal.

U.S. Service Member To Counseling Student, Nicole Marie Arcuri Sanders, Kellie Forziat-Pytel

Journal of Counselor Preparation and Supervision

This qualitative descriptive study examines the absence of military career pathways for licensed mental health counselors (MHCs) and the impact of this structural limitation on service members' career transitions. Findings indicate that both combat and non-combat veterans pursued mental health counseling due to personal service-related mental health experiences and dissatisfaction with available care while in service. Despite these challenges, many participants expressed a strong desire to continue serving their country as professional counselors. Over half of the participants reported separating from the military because no occupational role existed for licensed MHCs. At the same time, most indicated they would have …

Elite Mobilisation And Norm Contestation In A Pluralistic Legal System: A Case Study Of The Gambia, Oumie Njie, Abdou Barrow

Global: Jurnal Politik Internasional

This paper examines elite mobilisation and norm contestation within The Gambia's pluralistic legal framework, encompassing common, customary, and Sharia law, in the context of implementing the Convention on the Rights of the Child (CRC). Despite ratification and domestic legislation, implementation has been significantly challenged by religious leaders and traditional authorities who mobilised resistance against key CRC provisions, including prohibitions on child marriage, child labour, and female genital mutilation (FGM), citing incompatibility with local customs and beliefs. This resistance manifested both implicitly through neglect and explicitly through direct contestation. The paper highlights the tension between civil society organisations and international human …

A Phenomenological Study Of The Experiences Of Black Students In Criminal Justice Programs And Its Implications On Social Justice, Demetrius C. Dacres

Seton Hall University Dissertations and Theses (ETDs)

This study examined the experiences of Black students who graduated with degrees in criminal justice within the last five years, as well as professors serving criminal justice programs. In this study, Black students are defined as those who identify as Black or African American, and the research focused on a criminal justice higher education institution’s educational program in the Northeast. This qualitative phenomenological study drew on Lent’s Social Cognitive Career Theory and Tinto’s Student Integration Model to investigate how Black students experienced criminal justice programs and the resources and strategies they utilized to navigate and adapt. The study addressed a …

The Case For Fixing The Unprincipled Residence Tax Exemption, Allison Christians, Samuel Singer

Osgoode Hall Law Journal

When Canada overhauled its income tax to include capital gains in 1972, lawmakers suddenly had to decide how to deal with personal home sales. After heated debate, they opted to exclude the gains on an individual’s principal residence on the grounds that the core purpose of a home is to provide “basic shelter” for its owner-occupants.

The principal residence tax exemption has since become one of Canada’s biggest tax shelters and now amounts to one of Canada’s largest tax subsidies to individuals. Along the way, it has created economic distortions, administrative challenges, and inequitable distributive outcomes. While lawmakers have occasionally …

Editorial, Niveditha K. Prasad

Socio-Legal Review

No abstract provided.

Uganda’S Two Tyrants, Helen Epstein

The Journal of Social Encounters

No abstract provided.

The Rights Of Religious Minorities In Sudan: A Case Study Of Armenians, Jon Armajani

The Journal of Social Encounters

This essay examines the constitutions of the Republic of Sudan and minority rights, with a focus on Armenians in that country.  It provides (1) the demographics of Sudan; (2) an overview of the Armenians of Sudan; (3) a history of Sudan’s constitutions; (4) an analysis of their provisions and related laws on minority rights, citizenship, naturalization, and inheritance; (5) an overview of Sudan’s civil war, which began on April 15, 2023, and (6) a concluding section which analyzes risks to Armenians and other religious and ethnic minorities in Sudan.

A Catalyst For Change: The Extraordinary Anaka Women’S Collective During The June 2026 Belfast Pogrom, Dianne Kirby

The Journal of Social Encounters

Prompted by the pogrom that erupted in Belfast in June this year, this article explores how a women’s collective, Anaka, established by female asylum seekers, refugees and migrants (ASRMs) less than a decade previously, took the lead in ensuring the safety and welfare of the city’s migrant communities in a context where they were horrifically failed by police and politicians, by the state and the institutions meant to protect them. Anaka began as a small-scale endeavour to mitigate the difficulties confronting women struggling to navigate a harsh asylum system. It became a widely respected advocacy and campaigning group for ASRMs. …

Operation Metro Surge In Central Minnesota: A Personal Perspective, Pedro A. G. Dos Santos

The Journal of Social Encounters

This essay provides a personal account, grounded in social science intellectual traditions and methods, of Operation Metro Surge and its aftermath in Central Minnesota. Emphasizing the differences between what happened in Central Minnesota (and other rural areas in the state) and what happened in the Twin Cities Metro area, this essay focuses on two events to contextualize the ways in which Operation Metro Surge disrupted the lives of immigrants and of the Minnesotans trying to protect their neighbors.

Fostering Future Difference-Makers: The Integration Of Leadership Training In Law Schools, Leah Teague

Journal of Legal Education

No abstract provided.