Digital Commons Network^™

Contractors State License Board, Shun Lam, Katie González

California Regulatory Law Reporter

No abstract provided.

The Future Of Public Service Loan Forgiveness (Pslf) Under The Trump Administration, Arrianne Bautista

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The earnings of public sector employees trail behind those of their private sector counterparts, and this income disparity is continually increasing. Thus, the burden of repaying student loan debt weighs heavily on public servants.  Lower earnings, and the resulting difficulty in repaying student loans, tend to dissuade individuals from pursuing or maintaining careers in public service, thereby leading to staffing shortages in essential workforce sectors, particularly since those positions often require highly educated candidates.  In 2007, Congress sought to address these burdens by passing the College Cost Reduction and Access Act (“CCRAA”), which established the Public Service Loan Forgiveness (“PSLF”) …

Appeal No. 1038: Stonebridge Operating Co, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order No. 2024-391

The Jacksons' Debate, Marcus Vinicius Neves

Vernacular: New Connections in Language, Literature, & Culture

The Jacksons’ Debate” explores ethical dilemmas through an alien civilization considering human consumption. This philosophical sci-fi story examines sentience, moral responsibility, and societal progress from a unique perspective. Blending dark humor with social commentary, it challenges readers to reflect on human behavior and ethical decision-making in the face of necessity and scientific advancement.

Black Women Are Supreme: An Empirical Examination Of Black Women's Evaluations Of Ketanji Brown Jackson, Christine M. Slaughter, Camille Burge-Hicks, Nadia E. Brown

ConLawNOW

This article discusses research on the nomination of the first Black woman Supreme Court Justice, Ketanji Brown Jackson. The study examines how emotions and feelings of connectedness to racial and gender groups shaped evaluations of the historic nomination. The research finds that Black women were overwhelmingly enthusiastic about Jackson’s nomination, but that enthusiasm was attenuated by a wide range of variables like interest in politics and the interplay between racial and gender identity. It analyzes how linked fate, a sense of connection to one’s racial group, is associated with the evaluations of the Jackson nomination. The study finds that Black …

Bowe V. United States: Brief Of Federal Courts Scholars As Amici Curiae In Support Of Petitioner, Leah Litman, Eve Brensike Primus

Appellate Briefs

Amici curiae are law professors who research, study, teach, and write about the writ of habeas corpus and federal postconviction relief. They share an interest in seeing habeas law applied in a way that ensures the just adjudication of claims.

Assessing The Tax Communications Of E-Commerce Vendors, Part I, David Gamage

Faculty Publications

This article reports research results from a study analyzing the tax communication practices of top e-commerce retailers and marketplaces. The research found a spectrum of tax communication practices. Notably, many (but not all) e-commerce businesses that did not collect sales tax did still inform customers about potential use tax obligations, though the transparency of this information varied.

Vol. 68, No. 13 (April 14, 2025)

Indiana Law Annotated

No abstract provided.

Mmu: 04/14/25–04/20/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

The Evolving Role Of Digital Currencies In The Global Economy, Yesha Yadav, Jose Fernandez Da Ponte, Amy Davine Kim

Law and Contemporary Problems

No abstract provided.

On Innovation And The Coexistence Of Stablecoins And Central Bank Digital Currencies, Yuliya Guseva, Sangita Gazi, Douglas S. Eakeley

Law and Contemporary Problems

No abstract provided.

Democracy’S Distrust: The Supreme Court’S Anti-Voter Decisions As A Threat To Democracy, Gilda R. Daniels

Articles

This Essay explores perceived biases within recent Supreme Court decisions affecting voting access and their implications for American democracy. The Supreme Court plays a pivotal role in enforcing democratic principles. This Essay examines historical and contemporary examples of judicial decisions that have privileged powerful political candidates and legislatures to the detriment of voters. As a lens for assessing these decisions, the Essay introduces a conceptual dichotomy between candidate-centered and voter-centered perspectives. The Essay argues that the Court’s prioritization of the former perspective has forced citizens to bear the burden of antidemocratic decisions, which in turn has led to widespread distrust …

Capital Stack Ut Llc, Appellee V. Gowtham Reddy; Genesis Capital Investments, Llc; Jga Development, Llc; Genesis Opportunity Zone Fund; Shiva Holdings, Llc; And Project 557 First St Development, Appellants : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County Honorable Patrick Corum

Kennedy D. Nate, Austin C. Nate, Counsel for Appellants

Erik A. Christiansen, Alan S. Mouritsen, Alex N. Vandiver, Counsel for Appellee

Ndls Communicator: Week Of 04.14.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School's Inaugural Death Penalty Abolition Week brings together exonerees, advocates, and faith leaders
• Two Notre Dame Law students recognized in prestigious Judicial Opinion Writing Competition ND
• Notre Dame Law School's Religious Liberty Clinic represents prisoner denied Ramadan accommodations in federal appeal
• Notre Dame Law School holds fourth annual interfaith dinner in observance of Easter, Ramadan, Passover, and Ridván
• Educational opportunities for all: NDLS clinic defends St. Isidore Catholic School's freedom to serve

Faculty Briefs

• Nicole Garnett's article in City Journal about the launch of a database exposing religious discrimination in government funding was featured …

Foreword, Steven L. Schwarcz, Douglas W. Arner, Dirk Zetzsche

Law and Contemporary Problems

No abstract provided.

De-Mystifying Digital Currencies, Steven L. Schwarcz

Law and Contemporary Problems

No abstract provided.

Implications For The Dollar Of Central Bank Digital Currencies, Ross P. Buckley

Law and Contemporary Problems

No abstract provided.

Some Perspectives On The Regulation Of Stablecoins, Carlos Cantú, Jon Frost, Thomas M. Noone

Law and Contemporary Problems

No abstract provided.

The Eu Approach To Digital Currencies, Dirk Zetzsche, Julia Sinnig

Law and Contemporary Problems

No abstract provided.

Centralization In Decentralized Finance: Systemic Risk In The Crypto Ecosystem And Crypto's Future As A Regulated Industry, Douglas W. Arner, Tanvi Ratna, Sijuade Animashaun, Jatin Bedi, Naveen Mishra

Law and Contemporary Problems

No abstract provided.

Proprietary Rights And Digital Assets: A "Modest Proposal" From A Transnational Law Perspective, Louise Gullifer, Ignacio Tirado

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Should The States Return To Worldwide Combined Reporting?, Reuven S. Avi-Yonah

Articles

On February 20 the Institute on Taxation and Economic Policy (ITEP) released a report on the revenue implications of states adopting worldwide combined reporting (WWCR). WWCR refers to a method of taxation that several states (for example, California) applied from the 1970s to the 1990s. Under WWCR, the state takes the entire worldwide profit of a multinational operating in the state and multiplies it by a formula that traditionally combines payroll, tangible assets, and sales in the state divided by worldwide payroll, assets, and sales. The result is the amount of profit taxable in that state.

The Increasing Prevalence Of Cyber Operations And The Inadequacy Of International Law To Address Them, Gabriel Smedes

Global Tides

This paper is a synthesis research article analyzing the legality of cyber operations within the international legal sphere. It works to define cyber operations and differentiate them from similar identifiers. The study looks to existing contributions to international law and explores how some existing some existing regulation is challenging to apply and it is difficult to implement new legislation. Highlighting the importance of legislation and regulations on cyber operations due to their increasing prevalence and danger.

Against Monetary Primacy, Yair Listokin, Rory Van Loo

Northwestern University Law Review

To reduce inflation, the Federal Reserve (Fed) raises interest rates. But every month with high interest rates increases the risk of a devastating recession. Recessions impose not only short-term pain in the form of widespread unemployment but also lifelong harm for many, as vulnerable workers and those who start their careers during a downturn never fully recover. Yet hiking interest rates is the centerpiece of U.S. inflation-fighting policy. When inflation is high, the Fed raises interest rates until inflation is tamed, regardless of the consequent sacrifices. We call this inflation-fighting paradigm “monetary primacy.” Despite its great risks, monetary primacy has …

Climate Exceptionalism In Court, Zachary D. Clopton, David A. Dana

Northwestern University Law Review

Across a range of cases, fossil fuel companies, government actors, and some judges have conceded that climate change is an exceptional phenomenon, only to argue that its exceptional nature is a reason to keep climate change out of court. These parties and judges thus seek to avoid the adjudication of climate cases on the merits, even when the neutral application of existing law would provide for jurisdiction in these cases. We term this phenomenon “climate jurisdiction exceptionalism.”

This Article provides a comprehensive account of climate jurisdiction exceptionalism, focusing on two main threads: Article III standing and state court jurisdiction. First, …

The Renaissance Of Private Law, Yotam Kaplan, Adi Libson, Gideon Parchomovsky

Northwestern University Law Review

Crisis is the new normal. Between global warming, the opioid pandemic, bursts of gun violence, and political instability fueled by fake news, it is hard to remember a time when we were not facing a major catastrophe. Still more troubling, there is a growing sense that our political and regulatory institutions are faltering in their ability to offer effective responses to the incoming crises. The rapid pace at which new problems emerge—together with growing political polarization—stymies regulatory and legislative action, resulting in an inability to address contemporary challenges.

Against this gloomy background, we posit an unlikely hero: private law. Recent …

Let's Get Personal: Due Process And Personal Jurisdiction As A New Path Forward For Extraterritoriality, Samy Abdelsalam

Northwestern University Law Review

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has put fundamental principles of federalism and state sovereignty under attack. Legislation and lawsuits in states nationwide aim to limit the rights of American citizens to travel freely between states in search of medical care. Further, these measures have extraterritorial reach, legally entangling the rights of private citizens in other states who provide medical care even while fully within their own state borders. Scholars have analyzed this development through various doctrinal lenses, including the Dormant Commerce Clause. But these frameworks fail to adequately protect those who are unfortunate enough …

Hindsight Is 20/20: Epilepsy Is Not One-Size-Fits-All, Raika Kim

Northwestern University Law Review

For many, epilepsy is one of the first conditions that come to mind when thinking of a disability, and for good reason: over 50 million people in the world live with epilepsy. Yet misunderstandings about epilepsy have perpetuated social stigma surrounding the disability for centuries. Ableist beliefs led to the passage of laws in the 1900s condoning—and in some cases, requiring—sterilization of individuals with epilepsy and restriction of their right to marry. Even today, state driving laws, justified as promoting public safety, categorically prevent anyone diagnosed with epilepsy from driving unless they are seizure free for an arbitrary, nonuniform period …

Challenging Race-Based Health Care Discrimination: A New Private Right Of Action, Aaron Pinkett

Northwestern University Law Review

The Hippocratic Oath calls on doctors to “do no harm.” Yet we know from extensive public health research that clinicians repeatedly cause harm to Black patients by dismissing their medical concerns, misdiagnosing them, and undertreating their pain. These practices of differential treatment for Black patients have led to steadily increasing racial disparities in health care outcomes throughout the United States. Title VI of the Civil Rights Act of 1964 prohibits this type of disparate impact, but modern Supreme Court jurisprudence forecloses opportunities for affected parties to seek legal relief—despite the clearly established legislative intent of Title VI. However, another legal …