Digital Commons Network^™

Supreme Court Preview 2026 (Event Program), Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

2026 Supreme Court Preview Digital Notebook, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Patronage Pardons, Lee Kovarsky

Duke Law Journal

Abuse of presidential pardon power is taking a new and frightening turn. The Donald Trump administration is using clemency, including pardons, to signal impunity to regime allies contemplating misconduct. Such clemency has a predictable effect: it induces loyalist crime by reducing the expected penalty. "Patronage pardoning" refers to the clemency practices that power this loyalty-for-protection exchange. Those practices pose a grave threat to the rules-based constitutional order, and they are the subject of this Article.

Some historical observations predicate the diagnostic and prescriptive arguments that come later. Most importantly, the Framers concentrated federal pardon power in the president because they …

Chapter 1: Sanctions And The Shadow Fleet: Terrorism Forfeiture And Operation Economic Fury, James Kraska

International Law Studies

No abstract provided.

To Spend Or Not To Spend: Strengthening Congressional Oversight On Executive Impoundment, Grant Scherer

Emory Law Journal Online

The [H]ouse of [R]epresentatives cannot only refuse, but they alone can propose, the supplies requisite for the support of government. . . . This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.

James Madison, Federalist No. 58[1]

While the President may initiate the annual federal budget process with his or her budget request, the Constitution confers the “power of the purse” on …

The Storm Of A Century – Separation Of Powers In The United States In 2025, Anna C. Conley

Faculty Law Review Articles

Separation of powers in the United States is experiencing an unprecedented stress test. The Framers’ design envisioned three co-equal branches whose “ambition” would defensively counteract encroachment by other branches. In 2025, however, this structure is destabilized by an overly aggressive Executive, a subservient Congress, and a fractionalized Judiciary. The Executive’s unprecedented encroachment on legislative power and disregard for institutional restraint is a result of: (1) the U.S. Supreme Court’s (“the Court”) adherence to the unitary executive theory, under which the President has unfettered control over the entire executive branch, (2) Congress’ unwillingness to check the Executive, and (3) the Court’s …

Click To Sue: Defining Receipt Of Eeoc Notices In The Digital Age, Robert J. Toth Jr.

St. Mary's Law Journal

Federal employment discrimination statutes condition a claimant’s right to sue on timely receipt of a “right-to-sue” notice from the United States Equal Employment Opportunity Commission (EEOC).  Courts have historically treated certified mail slips as sufficient to trigger a claimant’s ninety-day filing window, regardless of when the claimant opened or retrieved the letter.  In the digital era, the EEOC increasingly issues notices through email and its online Public Portal, raising questions about when electronic notice constitutes “receipt.”

This Article examines recent federal appellate court decisions—Lax v. Mayorkas, McDonald v. St. Louis University, and García-Gesualdo v. Honeywell Aerospace of Puerto Rico, …

Purging Politics: A Proposal To Remove Gerrymandering In Texas, Lauren Teske

St. Mary's Law Journal

No abstract provided.

From Conflict To Clarity: Drafting Parenting Plans Grounded In Practicality And Precision, Ariana D. Meyers

Child and Family Law Journal

No abstract provided.

Legal Orphans: Defining Who Is The Mother In Gestational Surrogacy Agreements, Emma Savoie

Child and Family Law Journal

No abstract provided.

The Legal Gaps Of Financial Sextortion In The Age Of Artificial Intelligence: Why The Take It Down Act Is Not Enough To Protect Children, Andrea Toussaint

Child and Family Law Journal

No abstract provided.

The Rippling Effects Of Lucia: How A 2018 Constitutional Violation By The Securities And Exchange Commission Continues To Affect Childhood Disability Cases Under Titles Ii And Xvi Of The Social Security Administration, Trixy Lora

Child and Family Law Journal

No abstract provided.

Legal Shifts And Judicial Inconsistencies In Strict Liability After The Omnibus Law: A Critical Analysis Of Indonesian Environmental Law For Responsible Mining And Esg Compliance, Nurul Listiyani, Khenza Atthaya Namira Yulianto

Journal of Environmental Science and Sustainable Development

The legal significance of strict liability in mining arises from the sector’s capacity to generate technically complex, diffuse, and long-latency environmental harm that is difficult to address through fault-based litigation alone. This study aims to evaluate how the post-Omnibus Law reformulation of Article 88 of Law No. 32 of 2009 has affected the doctrinal autonomy, judicial consistency, and practical enforcement of strict liability in Indonesian environmental law. The research used normative doctrinal legal research including statutory, case-law, conceptual, comparative, and evaluative analyses. The data cover the 2009–2025 period and consist of two core statutory formulations of Article 88, the Job …

On A Collision Course: The Twenty-First Amendment, The Dormant Commerce Clause, And Physical Presence Laws, Burke Craighead

St. Mary's Law Journal

No abstract provided.

“[Y]Et Another Victory For Deal Certainty”: Chancery Court Orders Specific Performance Of “Hell-Or-High-Water” Covenant To Remedy Reluctant Acquiror’S Obstruction Of Cfius Approval Process, Robert S. Reder, Ricky Bayon-Barrera

Vanderbilt Law Review En Banc

No abstract provided.

From Framework To Toolchain: Implementing Zero Trust Architecture In Cloud-Native Environments For Dow Compliance, Shelby C. Snyder

Military Cyber Affairs

Federal agencies face a fiscal year 2027 target for enterprise-wide Zero Trust deployment, but NIST SP 800-207A defines logical components without identifying the Kubernetes technologies that implement them. This paper proposes a three-tier mapping of the Policy Engine, Policy Administrator, and Policy Enforcement Point to service mesh, microsegmentation, and perimeter tooling, stating the criteria by which each component is classified. It then applies a defined rubric to six Zero Trust vendors across component alignment, Kubernetes capability, federal authorization posture, and evidence quality, finding that no single vendor covers all three tiers. The mapping is a testable architectural proposition; a Stage …

Ndls Communicator: Week Of 09.21.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Indiana Court of Appeals Affirms New Trial for Notre Dame Exoneration Justice Clinic Client Jason Hubbell
• Notre Dame Law School’s Religious Liberty Clinic, Bellwether International, and Lantos Foundation publish report reviewing campaign that contributed to release of prisoner of conscience

Student News

• 3L Dan Mohr
• J.S.D. candidate Pavithra Rajendran

Faculty Briefs

• Derek Muller
• Nicole Stelle Garnett and John A. Meiser
• Jeffrey Pojanowski
• Roger Alford
• Mary Ellen O'Connell
• Rick Garnett
• Andrew Torrance
• Dennis Wieboldt

Events

• Law & Economics Workshop: Stephan Wernicke, Humboldt University of Berlin Delaware in the European Union? EU Inc. – A New European Corporate Legal …

Mmu: 09/21/26-09/27/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Veterans' Benefits Exceptionalism After Axon: Johnson V. U.S. Congress And The Future Of Structural Constitutional Review In Va., Robert Molina

ConLawNOW

This Essay addresses the pending case before the U.S. Supreme Court, Johnson v. U.S. Congress, and argues that the Court should resolve the tension between regular federal jurisdiction and specialized administrative court jurisdiction for veterans’ benefits claims. Veterans’ benefits exceptionalism, it asserts, should not overcome the usual federal court process. Ordinary benefits-entitlement claims, and some statutory-validity claims, may properly remain in the specialized pipeline established by the Veterans’ Judicial Review Act. But structural constitutional challenges to the Veterans Administration adjudicatory apparatus should receive immediate district court review when they satisfy the three-factor test the Court applies to determine whether …

The Norm Against Nakedly Partisan Justifications And The Callais Exception, Jason Marisam

ConLawNOW

Public law has long maintained a norm against nakedly partisan justifications: while officials may sometimes pursue partisan ends in office, they must justify their actions in court with reasons that do not roughly equal “this benefits my political party” or “this hurts the opposition.” This norm has operated across doctrinal fields, including public employment, administrative law, and election law. In the 2025-26 term, in Louisiana v. Callais, the U.S. Supreme Court abandoned the norm entirely in the redistricting context, treating a state’s pursuit of partisan advantage as a legitimate interest that can defeat a claim under the Voting Rights …

Brief Of Amici Curiae Law Professors […] In Support Of Petitioners, James J. Wheaton

Briefs

No abstract provided.

Jochen Schmon, Absolute Ethical Life. Michael Lazarus On The Normativity Of Marx’S Critique Of Capitalism (An Interview By Jochen Schmon), Jochen Schmon, Michael Lazarus

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Response To Reviewers — Emancipations Symposium On Profit And Power, Ronen Palan

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

The Enterprise Society In Motion: Reflections On Palan's Profit And Power, Corentin Cohen

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

The Age Of Intangible Assets: Thoughts On Palan’S Profit And Power, James K. Galbraith

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

After The Fall: Reflections On My Critics, Ian Shapiro

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

A Decline That Began At The Start Of The Journey, Not At The End: Thoughts On Ian Shapiro’S After The Fall, Nadia Urbinati

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Changing The Wind’S Direction: Reflections On Ian Shapiro’S After The Fall, Stefan Eich

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Roses For Keynes And Dead Flowers For Reagan In Shapiro’S After The Fall, Ian Hurd

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Eviscerating The State: An Update, Jean L. Cohen

Emancipations: A Journal of Critical Social Analysis

A year after the publication of her article “Eviscerating the State: The New Oligarchic and Authoritarian Project to Undermine American Constitutional Democracy (Emancipations, Vol.4: Iss.2, July 2025) Jean Cohen looks again at the threats to American constitutional democracy posed by new oligarchic and authoritarian actors in the economy, the state, and society.