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Brief Of The American Immigration Lawyers Association And Immigration Law Scholars As Amici Curiae In Support Of Respondents, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by the American Immigration Lawyers Association and immigration law scholars in support of the respondents in Mullin v. Doe and Trump v. Miot before the Supreme Court of the United States. The brief argues that the Temporary Protected Status (TPS) statute strictly limits the Executive Branch's authority to terminate TPS designations and requires continuation of protection unless the statutory conditions justifying designation no longer exist. The amici further contend that TPS serves a critical humanitarian function by protecting individuals from removal, detention, and loss of work authorization while conditions in designated countries remain unsafe.

Ndls Communicator: Week Of 04.13.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School’s Second Death Penalty Abolition Week Deepens the Call for Justice, Redemption, and Human Dignity
• Eka Tkeshelashvili LL.M. ’01, Former Vice Prime Minister and Minister of Foreign Affairs of Georgia, Delivers Lecture in New “Life After Notre Dame” Series
• Notre Dame Law Students Engage in Global Impact Through REEL Lab

Student News

• Philip C. Jessup International Law Moot Court Competition: Notre Dame Law School team members are 3Ls Grace Elias, Camille Golowski, Mariko Jurcsak, Ava Moreno, and Mary Pat Peterson
• Gvantsa Dolbaia, JSD candidate
• Tyler Beamish, 1L
• Dennis Wiebolt, 3L

Faculty Briefs

• Sherif Girgis …

Eighteen Generations Of Uncertainty: Arkansas’S New Perpetuity Law Is “Contrary To The Genius Of A Republic”, Steven H. Jacobs

Arkansas Law Review

A drunk driver crashes his Lamborghini into a family sedan, killing the mother and brother and putting the sister in the hospital. The family gets a multi-million-dollar judgement, but they cannot collect––the wealthy drunk driver has no money of his own. All of his money and assets are protected from suit in a spendthrift dynasty trust left behind by his great-great-grandfather. He and his family are members of a new aristocratic class created by the downfall of the rule against perpetuities. The drunk driver first turned to alcohol after his inheritance requirements coerced him into leaving his life behind to …

Disproportionate Influence: Rethinking Control In American Corporate Governance, Dhruv Aggarwal, Ofer Eldar

Northwestern University Law Review

Corporate law has undergone a gradual transformation. Founding chief executive officers (“founder-CEOs”) and activist hedge funds increasingly dominate leading American corporations despite owning well short of a majority of shares. Founder-CEOs, through personal brands or dual-class voting structures, control firms despite having minority stakes; activist hedge funds, with single-digit holdings, press for major governance changes. We argue that these two types of shareholders, often treated as opposites, both dominate corporations through disproportionate influence rather than majority ownership. We describe these investors who dictate corporate policy through disproportionate influence as high-influence shareholders.

Delaware’s doctrinal response to high-influence shareholders has been inconsistent, …

Dammed If You Do, Dammed If You Don't: Texas's Water Crisis And The Need For Reform, Crafton Deal

Texas A&M Law Review

As Texas faces unprecedented population growth and intensifying climate challenges, the state is grappling with a growing water crisis. With the population projected to increase by over 70% in the next 50 years while existing water supplies decline by nearly 18%, the need for sustainable water solutions has never been more critical. Among the proposed strategies, reservoir construction stands out as a key component, offering large-scale, renewable water supplies to meet increasing demands. However, this solution is fraught with legal, environmental, and financial complexities.

This Comment explores these challenges through a detailed analysis of two proposed North Texas reservoirs: Lake …

Citizenship As Control: Lessons From Athenian Democracy And Modern U.S. Immigration Practices, Máire Sullivan

Northwestern Law Journal des Refusés

No abstract provided.

Advice For Incorporating Ai Tools Into Your Legal Practice, Celia Bigoness, Robert A. Mackenzie, David J. Reiss

Cornell Law Faculty Publications

We have been speaking with many lawyers and law students about using generative artificial intelligence (AI) tools in their legal practice. We are struck by the fact that many of them have not been experimenting much, if at all, with the tools that are available to them - although many acknowledge that their clients are increasingly integrating generative AI into their businesses. We have been integrating a lot of these tools into our own professional lives, and here are some tips to help lawyers and law students get comfortable with AI tools that can help them, in big ways and …

Fool's Gold: The Stibnite Gold Project, Critical Minerals, And The Public Health Perils Of Antiquated Hardrock Mining Laws, Faith Quigley

Idaho Law Review

The proposed reopening of the Stibnite Gold Mine in Idaho has been heralded as a model for the future of modern hardrock mining. This project has received national interest in light of the growing domestic demand for critical minerals essential to climate-friendly energy technologies and national security. But beneath its green branding lies a deeper legal and public health crisis. Operating under the General Mining Law of 1872—a relic of frontier-era resource exploitation—the Stibnite Gold Project exemplifies how an outdated legal framework continues to enable environmental and human harm. While policymakers tout the domestic necessity of critical minerals, the Stibnite …

Engineered For Surveillance: Public Safety, Roadway Science, And The Fourth Amendment, Trayce Hockstad, Steven Jones

Idaho Law Review

No abstract provided.

Invisible In The Storm: Disasters And The Disability Divide, Helia Hull

Idaho Law Review

“Sometimes it takes a natural disaster to reveal a social disaster.”

The Myth Of Sufficient Technological Barriers: Reevaluating The "Gates-Up-Or-Down" Analogy In Data Scraping, Yucen Zhong

Duke Law & Technology Review

In Van Buren v. United States, the Supreme Court adopted a “gates-up-or-down” analogy from physical trespass law to define “authorization” under the Computer Fraud and Abuse Act (CFAA). Despite historical shifts in judicial interpretation, courts have recently relied on this binary framework to interpret authorization as it applies to online trespass. But courts have struggled to apply this binary inquiry while still accounting for complications in modern authentication technologies. When pursuing a code-based inquiry based on the gates-up-or-down analogy, courts risk oversimplifying the dynamic nature of online trespass. Such an approach fails to account for how modern authentication measures—such as …

"From Galaxies To Gloucester" Reday 2026 Undergraduate Panel, Slides 2, Tristan Hightower, Jonathan Holleran, Connor Patterson

Bryant REDay (Research and Engagement Day)

This panel showcases original undergraduate student research exploring how political institutions shape behavior, incentives, and outcomes across diverse contexts. The projects examine interest group theory as applied to the Star Wars universe, presidential rhetoric and congressional response, local political change in Gloucester, MA, and the relationship between senators’ committee assignments and financial interests. Despite varied empirical settings, they share a focus on how actors operate within institutional constraints, how power is exercised, and how political systems structure influence and accountability.

China Samr’S Review Process In Cross-Border Technology M&A, Gabriel A. Paknia

Honors Scholar Theses

China's State Administration for Market Regulation (SAMR) holds discretionary authority over the merger review process. This paper examines whether SAMR's review of technology and semiconductor transactions since the governing body's inception in 2018 reflects political-economic incentives beyond what competitive harm analysis alone would explain. The paper is broken into three core pillars: accessing SAMR's regulatory code to identify how flexibility to exercise discretion is codified, scrutinizing SAMR's full adverse outcome record for overrepresentation of technology and semiconductor deals, and deconstructing a semiconductor megamerger to illustrate those mechanisms with the backdrop of real time geopolitical events. I find that technology and …

The Effectiveness Of Wellness Programs On Public Safety Personnel, Thomas T. Nguyen

Doctoral Dissertations and Projects

Stressful situations have become a common theme that many first responders have encountered while on the job. As more studies have surfaced regarding the causes of stress, the ability to reduce stress while minimizing any adverse reactions that result from them have been minimal. Just as the catalysts for stress are not the same for everyone, the reactions to treatments that are offered will vary in effectiveness. Since not all agencies have programs in place to deal with the mental and physical traumas that affect first responders, the focus will be on one agency that has recently implemented multiple treatment …

The Expanding Digital Border: Ai, Surveillance, And The Fight For Justice, James Chesser

Immigration and Human Rights Law Review

As artificial intelligence transforms the mechanisms of immigration control, the modern border has become a digital filter—one governed less by geography and more by code. This Article examines the legal, technical, and ethical implications of AI-driven systems now central to global border enforcement, including biometric surveillance, algorithmic risk scoring, and predictive profiling. It explores how states use these technologies not only to manage irregular migration, but to compete for global talent—constructing migration regimes that reward capital and compliance while eroding transparency, due process, and equality.

Through an international and comparative lens, the piece highlights the expansion of algorithmic decision-making across …

Consent, Coercion, And Rupture: Rebuilding Trade In A Post-Authoritarian Future, Frank J. Garcia

International Law Journal

No abstract provided.

When The Weeds Strike Back: Rethinking Aphis's Regulation Of Genetically Engineered Plants Post-National Family Farm Coalition V. Vilsack, Reagan Powers

Celebrating WCL Student Authors

No abstract provided.

Grading Machines: Can Ai Exam-Grading Replace Law Professors?, Kevin L. Cope, Jen Frankenreiter, Scott Hirst, Eric A. Posner, Daniel Schwarcz, Dane Thorley

Faculty Scholarship

In the past few years, large language models (LLMs) have achieved significant technical advances, such that legal-advocacy organizations are increasingly adopting them as complements to—or substitutes for—lawyers and other human experts. Several studies have examined LLMs' performance in taking law school exams, finding mixed results. Yet there have been no published studies systematically analyzing LLMs' competence at one of law professors' chief responsibilities: grading law school exams. This paper presents results of an analysis of how LLMs perform in evaluating student responses to legal analysis questions of the kind typically administered in law school exams. The underlying data come from …

The Limitations Of Static Market Analysis In Addressing Innovation-Related Anticompetitive Conduct: A Comparative Study Of U.S., Eu, And Japanese Antitrust Law, Wuyi Yang

LL.M. Essays & Theses

From the antitrust law of both the US and Japan, one question has always been in my mind – why is analysis still fixated on immediate observable, superficial facts like the level of cost and quality? For purposes of practice – neither services nor products can be entirely represented by these dimensions alone. More and more creativity, more choice, and the way in which current market conditions will change our lives for good in the future – these are all important issues. However, these elements are all part and parcel of the ongoing process of competition and have effects that …

Is The Vice Presidency In Decline?, Roy E. Brownell Ii

Missouri Law Review

During the first four years of Dick Cheney’s vice presidency (2001–2005), the second office reached dizzying heights. His next term and the ensuing vice presidency of Joe Biden (2009–2017) witnessed a reduction in the office’s executive-branch prestige, influence, and accomplishments and a return to earlier modern norms. Afterwards, the vice presidencies of Mike Pence and Kamala Harris saw an additional decline, and the first fifteen months of JD Vance’s tenure do not seem to have reversed this trend. Is the office suffering from long-term decline, or is it merely experiencing an extended bump in the road?

Ai, Antitrust, And The Marketplace Of Ideas, Maurice E. Stucke

Fordham Law Review

No abstract provided.

Sovereignty As A Shield? The Icc’S Role In Addressing War Crimes In Nagorno- Karabakh, Grigori Sahakyan

UC Law SF International Law Review

This Note argues that the International Criminal Court (ICC) should assert jurisdiction over atrocities from the 2023 Nagorno-Karabakh offensive and pursue prosecutions for war crimes and crimes against humanity. Proper International Humanitarian Law (IHL) classification places the situation in an international armed conflict—via direct interstate action and/or occupation—triggering the full Article 8 framework. Jurisdiction is grounded in Armenia’s ratification and retroactive Article 12(3) acceptance; admissibility is satisfied because Azerbaijan is unwilling to conduct genuine proceedings. While cooperation obstacles remain, targeted enforcement measures can strengthen execution of warrants. The bottom line is doctrinal, not diplomatic: sovereignty cannot shield atrocity crimes; the …

Aggressive R&D Consulting Companies Fail To Align With The Purpose Of R&D And R&E Tax Incentives., Emily Belanger

Michigan Business & Entrepreneurial Law Review

Research and development (R&D) credits and research and experimentation (R&E) tax incentives have recently experienced legislative changes and litigation related to the questionable methods deployed by R&D consulting firms. Proponents of research tax incentives tout their potential to produce positive externalities and innovation. Critics have pushed back, questioning whether research tax incentives are successfully achieving their purpose. The shifting landscape, litigation over aggressive tax claims, and debatable success of tax incentives signal a need to reassess whether research tax incentives are properly claimed in the United States. This paper proposes stronger regulation of R&D consulting firms to ensure research tax …

Leeds V. Norfolk Southern Railway Company—In Undoing Late Removal, District Court Gives Guidance On Evaluating Whether Defendants Were Joined In “Bad Faith”, Geoffrey D. Kearney

SLU Law Journal Online

Pursuant to 28 U.S.C. § 1446, defendants typically have one year to remove to federal court a case filed in state court. The landscape for removal changed somewhat with a 2011 amendment to this statute, which extends that one-year deadline upon a showing “that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action.”

But the question of what sort of conduct satisfies this provision persists. Since its passage, courts—primarily district courts—have grappled with just what it means for a plaintiff to act in bad faith to thwart removal. Leeds v. Norfolk Southern …

The Big Shortage: Affordable Housing, Michael E. Hornzell

University of Baltimore Law Review

No abstract provided.

Situating Ai Within The History Of Technological Adaptation In Law, Karin Mika

SLU Law Journal Online

This Article argues that the current anxiety surrounding generative artificial intelligence (AI) in the legal academy is the latest iteration of a recurring historical cycle. By examining the introduction of other technological enhancements in the law, the author demonstrates that each technological shift was initially met with skepticism regarding the potential loss of critical thinking skills. However, history shows that these tools ultimately pushed the profession away from a focus on mechanical form and toward a deeper engagement with substantive analysis and strategic advocacy. Rather than posing an existential threat, AI represents a logical next step that can automate the …

Revisiting The Missed Pigouvian Opportunity Of The First Industrial Revolution: A Carbon-Based Pigouvian Tax On Ai, Haozheng Jiang

SLU Law Journal Online

As artificial intelligence (AI) reshapes the economy with comparative speed and scope as during the First Industrial Revolution, policymakers face a familiar dilemma: how to preserve technological progress while addressing its negative externalities. This article proposes a uniform, carbon-based Pigouvian tax on AI as a practicable and forward-looking solution to correct one of AI’s most readily measurable negative externalities without stifling innovation. Drawing on lessons from existing carbon-pricing systems, this article contends that such a tax should be designed with flexibility and transparency to promote both effectiveness and political feasibility. Properly structured, the tax would not deter AI development but …

Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson

Articles

Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.

This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …

2025 Martin Luther King, Jr. Keynote Lecture, Madiba Dennie

Villanova Law Review (1956 - )

No abstract provided.

Consent Absent Consensus: A Principles-Based Framework For Institutional Sexual Consent Policies, Tammi Walker

West Virginia Law Review

Title IX requires educational institutions to address sexual misconduct but provides no clear standard for defining consent. In the absence of federal guidance, colleges and universities operate in a regulatory vacuum, producing inconsistent definitions, legal uncertainty, and contested understandings of what consent requires. Without a structured framework, institutions struggle to balance survivor protection, due process, and practical implementation. This Article introduces a principles-based framework that supports clearer, more coherent consent policies. It identifies three interdependent elements of valid sexual consent: (1) Respect for Choices and Autonomy, which requires voluntary agreement free from coercion or pressure; (2) Informed Expectations and Transparency, …