Digital Commons Network^™

Obeying In Advance Will Not Save You: How Adaptive Leadership Can Help Legal Education Stay Mission Driven In Times Of Authoritarianism And Fear, Tania Luma

Journal of Legal Education

No abstract provided.

Professional Identity Formation As Theory And As Practice For The Education Of A Lawyer, Louis D. Bilionis, Neil W. Hamilton

Journal of Legal Education

No abstract provided.

Practicing Pietas: Character Development For Lawyers As Citizens, Elisabeth Rain Kincaid

Journal of Legal Education

No abstract provided.

Conviction, Character, Courage: The Case For Integrating Values Into The Professional Identity Formation Of Tomorrow's Lawyer-Leaders, Katya S. Cronin

Journal of Legal Education

No abstract provided.

Moral Virtues, Professional Identity, And Leadership, Timothy W. Floyd

Journal of Legal Education

No abstract provided.

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.

Sffa’S Slippery Slope: Doctrinal Creep And The Erosion Of Dei, Madeleine Goedicke

Brooklyn Law Review

The Court suddenly departed from forty years of affirmative action case law in SFFA, appearing to hold that race can no longer be used as a factor in higher education admissions policies. This Note analyzes the SFFA opinion and the case law it relies on to illustrate the sudden departure from precedent case law while pointing out important exceptions within the opinion that would permit consideration of race in admissions. Regrettably, the SFFA decision has been invokved by litigants seeking to improperly expand the scope of its holding, encompassing the removal of DEI programs from K–12 and higher education institutions. …

Family Matters: Granting Legal Status To Non-Abusive Parents Under Sijs, Ava Hansen

Brooklyn Law Review

Immigration and family are central to American society, with family reunification long recognized as a core principle of United States immigration policy. Family-based preference visas reflect this priority. Special Immigrant Juvenile Status (SIJS) provides a pathway to lawful permanent resident status for immigrant children who have been abused, neglected, or abandoned by one or both parents. However, individuals who obtain legal status through SIJS are permanently barred from petitioning on behalf of their natural or prior adoptive parent. This restriction applies to children’s non-abusive custodial parents and leaves children who have obtained SIJS vulnerable to having that parent deported due …

A Democratic Defense Of Dynamic Due Process, Miranda Mcgowan

Brooklyn Law Review

The Supreme Court has purported to vindicate democracy when it has deferred to majorities and refused to protect new unenumerated rights and liberties. Nothing could be further from the truth. An originalist or traditionalist method for identifying protected rights and liberties chains us to a discriminatory past. It bakes in a history of discrimination and political exclusion, skewing the set of individual rights that check majority power today. Originalism and traditionalism, in short, confound democratic legitimacy.

Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein

Brooklyn Law Review

This Article examines the growing use of narrowly tailored state income tax exemptions as a tool to attract elite collegiate athletic talent, focusing on Arkansas’s amended Student-Athlete Publicity Rights Act. Situating this development within the constitutional frameworks of the federal Equal Protection Clause and state uniformity provisions, it analyzes both the economic motivations and legislative intent underlying such policies. As name, image, and likeness (NIL) rights and emerging revenue-sharing models continue to reshape college athlete compensation, states are increasingly pursuing innovative strategies to maintain the competitiveness of their public institutions. Arkansas has emerged as a first mover in this space, …

Balancing The Game: Rethinking Antitrust Law In The Modern Sports Broadcasting Landscape, Andrew Newman

Brooklyn Law Review

The migration of live sports from traditional cable bundles to exclusive digital platforms has transformed the economics of media distribution while complicating the fan experience. Instead of purchasing access through a single channel, viewers now piece together coverage across a growing number of subscription services to watch the games they value. Contemporary antitrust law, anchored in the consumer welfare standard and administered through the Rule of Reason, typically evaluates competitive harm through discrete changes in price or output within defined markets. This Note contends that such metrics overlook the primary burden facing modern sports consumers: the aggregate financial and logistical …

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 …

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 …

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, …

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

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 …

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 …

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

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 …

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.