Digital Commons Network^™

Rural Legal Markets, Elizabeth Chambliss

Texas A&M Law Review

Research on rural access to justice tends to appeal to a romantic conception of rural lawyers as accessible generalists who serve the public through pro bono, low bono, and community service, and some characterize rural private practice as public interest work. Many commentators call for law school, bar, and government programs to attract law graduates to rural practice and at least 15 states have implemented such programs. Yet we know very little about modern rural legal markets or the recipes for sustainable private practice in rural places. The last statewide study of rural private practice was conducted in the 1980s. …

Does The Press Get Special Rights?, Lauren Gailey

Texas A&M Law Review

The press occupies a place in our system of government so unique and important that it’s often referred to as the “Fourth Estate.” The press is charged with ensuring that voters have the information they need to elect their leaders, shedding a sanitizing light on the inner workings of the government, and acting as a counterweight to its enormous power. In recognition of these functions—and, presumably, to enable and promote them—the architects of the Bill of Rights permanently enshrined the press in its own clause of the First Amendment.

Yet two centuries later, scholars have generally accepted that the press …

Inclusive Prosperity, Deanna S. Newton

Texas A&M Law Review

Gentrification affects almost every American city to varying degrees, involving different parties with different interests. While positive changes are associated with gentrification, low-income individuals are often displaced from their communities due to increased rent costs and property values. Throughout our nation’s history, the federal government has offered tax incentives to those who invest in low-income areas that have historically suffered disinvestment. These tax incentives encourage investment by providing tax benefits and minimal investment constraints. However, because investors are not required to tailor their investments to meet the needs of communities, the unintended consequence of these programs is that residents do …

Implications For "Adjacent" Waterbodies After Sackett V. Epa, John C. Colson

Texas A&M Law Review

The Supreme Court’s recent ruling in Sackett v. EPA has rolled back Clean Water Act (“CWA”) protections for many wetlands on private property. Justice Kavanaugh’s little-commented-on concurrence identifies a class of waterbodies now unprotected by the CWA that nonetheless serves vital roles in flood control, pollution management, and habitat conservation. These waterbodies are those that lack a continuous surface connection (the majority’s test) to navigable waterways but are nonetheless “adjacent” to them in that they are separated by a single barrier. Including borrow pits and swamps held behind dikes, as well as the thousands of oxbow lakes near America’s rivers, …

Bog-Ged Down By Sackett: Strategies For Wetland Protection In Texas, Caleb Cook

Texas A&M Law Review

The Clean Water Act (“CWA”) has been one of the most powerful tools for protecting the nation’s waterways since it was first passed in 1972. However, there has long been ambiguity over the scope of the authority it grants for the regulation of wetlands. In May 2023, the Supreme Court resolved this question in Sackett v. Environmental Protection Agency. The effect of Sackett will be to remove significant amounts of previously regulated wetlands from federal jurisdiction. Federal legislative responses are unlikely, and while there are federal programs that can help temporarily fill the gap and bring some wetlands back …

Restoring Public Trust In Elections: An Empirical Study Of How Campaign Finance Reform Can Restore Public Trust In Elections, Matthew D. Kim

Texas A&M Law Review

The American public has become deeply distrustful of elections. This distrust is partly due to Supreme Court decisions curtailing campaign finance restrictions, on First Amendment grounds, to spending that creates an appearance of quid pro quo corruption. The Court’s reasoning assumes that, although the government has an interest in protecting the public’s trust in elections, campaign spending does not pose a threat to the public’s trust absent the appearance of quid pro quo corruption. However, it is unclear if campaign spending undermines the public’s trust in elections through means other than the appearance of quid pro quo corruption. If it …

Thompson’S Rifle Battalion: The Original Unit Of The Army Of The United Colonies (Now The United States Regular Army), John A. Bonin

Books, Monographs & Collaborative Studies

©2025 John A. Bonin

Although 1775 is indisputably the birth year of the US Army, two events occurred on June 14 of that year to which the Army can credit its birthday. One is the adoption by the Continental Congress of the collective militia forces from several colonies outside Boston to form a Continental Army, of which Congress appointed George Washington the commander in chief on June 15, 1775. In addition, the US Regular Army officially dates its beginning to June 14, 1775, when the Second Continental Congress directed 10 companies of expert riflemen to be raised immediately in Pennsylvania, …

The Future Of The Discovery Doctrine: One View From Outside Indian Country, Blake A. Watson

Montana Law Review

No abstract provided.

Reclaiming Self-Government: State Preemption And Original Meaning Of The Montana Constitution’S Local Government Provisions, Zarchary M. Krumm

Montana Law Review

No abstract provided.

Changemakers : Brandon Potter : L'25 : From The State House To The Court House, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Incalculable Harm: Analyzing The Impact Of The Covid-19 Pandemic On Immigration Detention In Canada, Efrat Arbel, Molly Joeck

All Faculty Publications

This paper reflects on the impact of the COVID-19 pandemic on immigration detention in Canada. Drawing on research spanning 2020 to 2022, we analyze how the pandemic impacted rates of detention, conditions of detention, and other related issues. Data released by the Canada Border Services Agency shows that despite an initial decrease in absolute numbers, Canada detained people at a higher rate after the onset of the pandemic than it did prior. Canada also held people for longer periods of time and relied more heavily on jails than dedicated Immigration Holding Centres. Conditions of confinement deteriorated significantly across all detention …

The Impact Of The Parkland Shooting On Voter Behavior And Preferences: Focus On Gun Control, Mental Health, And School Safety Policies., Brooke Bock

Honors Projects in Politics, Law, and Society

This paper thesis examines how the shooting at Marjory Stoneman Douglas High School in Parkland, FL has influenced voting behavior within the affected community, specifically regarding candidate and policy preferences related to gun control, mental health support, and school safety. Utilizing a mixed-methods approach, the study incorporates surveys and interviews to capture voters' opinions and attitudes in the aftermath of the tragic event. Public voter data is also analyzed to identify shifts in voting patterns and candidate support over time. The research aims to understand the magnitude to which the Parkland shooting has shaped voters' views and decisions, and whether …

Conversation In My Parlor About Climate Change And The Call To Thoughtful Service By Lawyers With Disabilities, Gary Norman Esq. Llm

Journal of Law and Health

Pope John Paul II penned, "So much of our world seems to be in fragments, in disjointed pieces." Experts admonish that an irreparable threshold of 1.5°C for global temperatures is not a theoretical remonstrance but an imminent imperative. Is this true? This article will explore if climate change exists. I will thoughtfully respond to this question in the affirmative, exploring center-based solutions. Specifically, this article will urge that these great United States require a new generation of leaders who can embody the energy of a Brother President Theodore Roosevelt, who possesses the eloquence of President John Kennedy, and who, like …

Vol. 68, No. 14 (April 21, 2025)

Indiana Law Annotated

No abstract provided.

Canada's New Gaar Preamble: Pivoting Toward Fairness And Parliamentary Contemplation, Jinyan Li, Michael Conroy, Sebastien Tuli, Kitty Wang, Patrick White

Articles & Book Chapters

This paper examines the role of the new preamble in the GAAR provision and argues that fairness is a legal concept that can be applied in GAAR cases.

Samantha Harberg And Rebecca Malek Selected As 2025 Recipients Of Mark Whitlock Scholarship, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law announced that Samantha Harberg and Rebecca Malek have been selected as the 2025 recipients of the Mark Whitlock Scholarship. Established in memory of Mark Whitlock ’10, the scholarship honors third-year J.D. students who enrich student life through their energy, initiative, and spirit. Harberg was recognized for her leadership as Editor-in-Chief of the Dispute Resolution Competition Honor Society, her role in the Mediation Clinic, and her work as an Admissions Ambassador. Malek was honored for her mentorship and leadership across numerous roles, including with BLSA, the ADR Competition Honor Society, and the Divorce Mediation Clinic. Both recipients …

Amgen Enablement And Its Undue Burden On An Overburdened Biomedical Industry, Carter Chippi

Journal of Law and Health

This paper examines the Supreme Court decision in Amgen Inc. v. Sanofi and its profound impact on the patentability of biotechnology inventions, particularly biologic drugs. By virtually eliminating the possibility of claiming genera patents, the decision exacerbates existing challenges within the biologic sector, including high development costs and rigorous regulatory hurdles. The analysis sets forth the enablement requirement’s precedent, emphasizing historical case law and the unforeseen implications of setting a stringent standard for biotechnology patents. This paper further critiques suggested industry compromises, deeming them insufficient to address the ramifications of Amgen, and proposes legislative intervention. Options include granting biologics …

Splitting Equality: Access To Gender-Affirming Care In The Fourth Circuit, Gilbert D. Jones

Journal of Law and Health

This Note critically examines the evolving legal landscape surrounding transgender individuals' access to gender-affirming care in the United States, focusing on two pivotal cases before the Fourth Circuit: Kadel v. Folwell (North Carolina) and Fain v. Crouch (West Virginia). These cases present a constitutional and statutory challenge to the exclusion of medically necessary gender-affirming care from state health plans, under Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. The Note contextualizes these lawsuits within a broader historical trajectory of transgender rights, highlighting legal and cultural milestones that have shaped access …

State Of Utah Plaintiff/ Appellee V. Alan Dudley Hamberlin Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Sixth Judicial District Court, Kane County, Honorable Mandy Larsen, District Court No. 211600067

Natalie M. Edmundson, Derek Brown, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

Ndls Communicator: Week Of 04.21.25, Notre Dame Law School

NDLS Communicator

Rosary for Pope Francis, April 22

The Latest News

• Notre Dame Law School's Exoneration Justice Clinic exonerates Kara Beaty
• Statement from the Notre Dame Exoneration Justice Clinic and Innocence Project on the Passage of Indiana's amended Senate Bill 141

Faculty Briefs

• Marcus Cole was quoted in a Good Friday reflection by Catholic Charities USA.
• Carter Snead appeared on LiveNOW from Fox where he talked about the passing of Pope Francis on Easter Monday.
• Nicole Garnett appeared on "Conversation with Cardinal Dolan," where she discussed SCOTUS's upcoming consideration of the St. Isidore case.
• Lloyd Mayer contributed several pieces to the Nonprofit …

Mmu: 04/21/25–04/27/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Crashing The Party: How Textualism And Legislative History Can Work Together, John Cannan

Faculty Publications

Textualists must moderate their distaste for legislative history and acknowledge the role of congressional sources in statutory interpretation—even those they themselves approve of. Doing so would enhance their statutory analyses. Decisions arising from 2016 litigation by hospitals against the U.S. Department of Health and Human Services, culminating in Azar v. Allina Health Servs., 139 S. Ct. 1804, 204 L. Ed. 2d 139 (2019), demonstrate how textualist inflexibility can undermine their own principles. For example, notable advocates of that interpretive school—then-Judge Brett Kavanaugh and Justice Neil Gorsuch—overlooked statutory text, which they so highly prize, in reaching their determinations. Textualists often describe …

A Living Constitutional Case For Anti-Classification: Equal Protection As A Civic-Republican Ideal, Avi Konduri

Bates College Undergraduate Law Review

No abstract provided.

Sixteen Cardozo Law Alumni Selected To Billboard's 2025 Top Music Lawyers List, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Sixteen alumni from the Benjamin N. Cardozo School of Law were named to Billboard’s 2025 list of Top Music Lawyers. This recognition highlights Cardozo’s strong reputation in entertainment law, with the school previously ranked as the #1 Leading Law School for producing top music lawyers. The honored alumni include partners, executives, and legal leaders at major firms and music companies such as Warner Music Group, Sony Music Entertainment, Universal Music Publishing Group, and DLA Piper.

Bates College Undergraduate Law Review: Volume I, Issue I, Spring 2025, Bates College Law Society

Bates College Undergraduate Law Review

No abstract provided.

“Don't Say Gay” Laws And Their Decades-Old Rhetorical Basis, Nicholas Danko

Bates College Undergraduate Law Review

No abstract provided.

Dworkin's Concept Of Law: A Response To The Fugitive Slave Act Of 1850, Avielle Krendel-Smyslov

Bates College Undergraduate Law Review

No abstract provided.

The Unconstitutionality Of Religion In Public Schools, Whitney Moore

Bates College Undergraduate Law Review

No abstract provided.

Maine's Stand Against Corruption In Campaign Finance, Campbell Macdonald

Bates College Undergraduate Law Review

No abstract provided.

Online Speech And The Virtual Public Square: Applying The First Amendment To Social Media Platforms, Karan Kuppa-Apte

Bates College Undergraduate Law Review

No abstract provided.