Digital Commons Network^™

Targeting School Shootings: Using Three Warning Signs - Animal Abuse, Domestic Violence, And Conduct Disorder - To Help Prevent Massacres, Phyllis Coleman

Widener Commonwealth Law Review

Whether packing a superhero lunchbox for their five-year-old’s first day in a public kindergarten just down the block or preparing their twenty-two-year-old for his freshman year at an Ivy League law school 2,000 miles away, parents across the country are terrified by images of panicked children running from schools while an active shooter tries to slaughter as many students, faculty, and staff as he can. But, despite these widespread fears, and numerous governmental and other investigative studies, the only real consensus seems to be that these are horrific, destructive attacks that should stop. The difficulty lies in finding agreement about …

Disenfranchisement, Voter Disqualifications, And Felony Convictions: Searching For State Law Uniformity, Christian A. Johnson

Widener Commonwealth Law Review

The right to vote of an individual who has been convicted of a felony has historically been subject to state law restrictions. Currently, approximately 5 million individuals in the United States are estimated to have their right to vote limited due to a felony conviction. Although forty-eight out of the fifty states currently restrict the right of an individual convicted of a felony to vote, these restrictions are remarkably disparate and non-uniform with respect to voter disqualification. Moreover, these statutes continue to evolve in a haphazard manner. Consequently, the extent and duration for which an individual convicted of a felony …

Incumbent Protection In Legislative Redistricting: First Principles And The Constitution, David N. Wecht, Brett Graham

Widener Commonwealth Law Review

In American politics, few things are more predictable than the reelection of a member of the U.S. House of Representatives. Congress’ perennial unpopularity notwithstanding, the House reelection rate has been as high as 98 percent in recent cycles, and very rarely dips below 90 percent. Incumbent advantage extends to the states as well: in 2020, 95 percent of state legislators nationwide won reelection. Political scientists often attribute this phenomenon to name recognition, consolidation of party support, fundraising superiority, or some combination thereof. Legal observers, though, might search elsewhere for an additional factor.

Beyond Blinders And Boomerangs: Assessing State Business Taxation, David Gamage

Faculty Publications

Karl A. Frieden’s article, “Wearing Blinders in the Debate Over Business’s ‘Fair Share’ of State Taxes” and his subsequent article, “The Boomerang Effect of the Business ‘Fair Share’ Tax Debate,” jointly contend that progressive calls to strengthen state corporate income taxes (CITs) are misguided because businesses allegedly overpay certain other state and local taxes. This essay argues that, while Frieden does raise some valid points about the efficiency of specific tax design choices, his core argument fundamentally misconstrues the central issues: the ultimate incidence of business taxes, the pursuit of equity and efficiency, and the importance of combating harmful tax …

Is The Utpr Extraterritorial Or Discriminatory?, Reuven S. Avi-Yonah

Articles

On January 20 President Trump issued two executive orders on international tax. The first order rejected the OECD’s two-pillar project, stating: The OECD Global Tax Deal supported under the prior administration not only allows extraterritorial jurisdiction over American income but also limits our Nation’s ability to enact tax policies that serve the interests of American businesses and workers. Because of the Global Tax Deal and other discriminatory foreign tax practices, American companies may face retaliatory international tax regimes if the United States does not comply with foreign tax policy objectives. This memorandum recaptures our Nation’s sovereignty and economic competitiveness by …

Daniel J. Dominguez ’05 Honored And 3 Students Receive Awards At The 15th Annual Ballsa Celebration, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The 15th Annual BALLSA Celebration honored Daniel J. Dominguez ’05 for his leadership and commitment to equity, while awarding scholarships to students Stacy Moses ’25, Andrea Mendoza Diaz ’25, and Elisa Davila ’26 to support diversity and inclusion at Cardozo Law.

Bringing Parental Consent Out Of The Shadows: An Evaluation Of Texas H.B. 18'S Effect On A Child's Best Interest, Ainsley Mcnally

Texas A&M Law Review

Beyond constitutional assertions about broad parental rights lies the nuance of state laws affecting child autonomy. State laws take a variety of approaches to address the broad rights of parents to raise their children while acknowledging that these broad rights must give way in limited circumstances to promote the best interests of children. These differences under state law can be categorized into three approaches, including a bright-line, middle-ground, and extended autonomy approach. Naming and analyzing these approaches illuminates a new form of a bright-line approach—shadow parental consent—that Texas law has adopted. At first glance, the recently enacted Texas law, H.B. …

Ndls Communicator: Week Of 03.17.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School's Global Lawyering Initiative expands to Brazil, forging partnerships with Insper, the Supreme Federal Court of Brazl, and Fundação Getulio Vargas.
• ND Law associate professor continues research on the Brady rule by hosting a workshop in Washington, DC.
• Haitian human rights defenders visit Notre Dame Law School Global Human Rights Clinic.
• Notre Dame Law School to host Inaugural Death Penalty Abolition Week, March 24-27, 2025
• Catholic educators argue against religious discrimination in the U.S. Supreme Court.

Faculty News and Briefs

• Jimmy Gurulé was quoted in Inside Indiana Business with Gerry Dick about Indiana's bill …

Mmu: 03/17/25–03/23/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

The Puzzle Of Biologics Manufacturing Platform Patents, Osmat Azzam Jeferson, W. Nicholson Price Ii, S. Sean Tu, Saurabh Vishnubhakat, Arti K. Rai

Articles

The predominance of manufacturing process patents asserted in litigation by originator biologics companies against would-be biosimilar entrants has resulted in a number of Congressional and administrative agency proposals that could increase scrutiny and limit enforceability.

The Principle Of Sustainable Development In International Investment Law: A Study From Vietnamese Perspective, Long Tran Thang, Anh Le Tram Pham

Indonesia Law Review

International investment significantly contributes to economic development by fostering hunger eradication, poverty reduction, job creation, and the introduction of new technologies and services. However, it also presents challenges, including resource degradation, environmental decline, waste generation, and human rights violations. This article emphasizes integrating sustainable development principles into international investment law to balance investor and host country interests while safeguarding the environment and human rights for long-term sustainability. In Vietnam, a nation increasingly integrated into the global economy, legal frameworks stipulate sustainable development principles for foreign-invested projects, aligning with international standards to protect the environment and people alongside economic and social …

Prison Foodways In “Orange Is The New Black”, A. E. Stearns, Morgan Wilson, Mckenzie Richard

Qualitative Criminology (QC)

"The current study adds to the literature on prison foodways and media studies by exploring the role of prison food on the show Orange is the New Black (OITNB). Specifically, this project aimed to better understand the nature of televised incarceration experiences through the way in which incarcerated characters interacted with food in the scenes. Through an analysis of 601 food-related scenes in OITNB, findings suggest: 1) food is a vehicle for additional layers of institutional control of captive bodies, 2) food plays myriad non-food roles such as medicine, a transactional medium, a vehicle for contraband, and even sexual pleasure, …

An Exploratory Study On The Practice Of Procedural Justice And Use Of Force In Police-Citizen Encounters, Charles Cunha

Qualitative Criminology (QC)

"Procedural justice is a philosophy and theory demonstrating that the practice of its four principles improves police-community relations. This means that citizens view law enforcement as a legitimate entity of government. Much controversy has stemmed from alleged unlawful killings of suspects in the past decade. These incidents question whether law enforcement acted legitimately. Since then, scholars have researched training in using the four principles of procedural justice. They have also researched the use of procedural justice in police-citizen encounters. The current research study addresses law enforcement officers’ perspectives on the use of force and the use of the four principles …

“They Are Usually Borderline Homeless”: Exploring The Nexus Of Homelessness, Housing Instability, Successful Reentry, And Long-Term Reintegration, Emily I. Troshynski, Carolyn Willis

Qualitative Criminology (QC)

"For previously incarcerated persons, affordable and safe housing options are scarce. Barriers to securing housing include federal mandates (i.e., eligibility requirements) as well as local rules and regulations (i.e., zoning and ordinances). When housing is available, disclosing criminal history on applications impacts individuals’ chances to rent (Philips & Spencer, 2013). A lack of a consistent rental history, no personal and/or employment references, and securing capital to cover security deposits are added challenges. Since parole rules direct ex-convicts not to associate with others that have a criminal record, living with partners, friends, and family members may not be an option. Research …

Perceptions Toward Wrongful Convictions And Needed Reforms In The Criminal Justice System: Does Working Experience In Law Enforcement Matter?, Natalia Ermasova, Aubrey Adams, Lisa Jackson

Qualitative Criminology (QC)

"This study proposes to investigate how public views on the wrongful conviction issue are connected with the perceived need for criminal justice reform and whether the professional experience in law enforcement influences these perceptions. This study employs a qualitative research design, deriving its conclusions from the comparative analysis of the survey responses concerning the issue of wrongful convictions and the criminal justice system collected from 45 law enforcement professionals and 35 individuals without such experience. The comparative results reveal that for the respondents without working experience in law enforcement, racial/ethnical bias was one of the most substantial issues of wrongful …

"Nobody Gives A Damn If You Don't Know The Rules": Poverty, Strain, And Crime, Chrystina Y. Hoffman, Dana R. Dillard, Erin King, Angela Blackburn

Qualitative Criminology (QC)

"General strain theory posits that individuals commit crimes when they experience negative emotions following various sources of strain. One such source of strain is poverty. In this study, researchers use focus group data and apply a general strain framework to analyze criminal offending during the Missouri Community Action Network's Poverty Simulation© (2022) at a regional comprehensive university in the Southeast region of the United States. A total of 99 undergraduate and graduate students participated in the focus groups at the end of the simulation. Findings support Agnew’s (1992) theory with examples of sources of strain stemming from poverty leading to …

Research Brief: Ghosting In The Realm Of Research: The Realities Of Conducting Social Science Research In The Digital Age, Lena M. Campagna, Angela S. Murolo

Qualitative Criminology (QC)

"Social science research does not occur in a vacuum. Competing for time and attention is the norm in a society that has become more isolated. Because of this, the effects of ghosting are prevalent everywhere. As social scientists, we are not immune to ghosting or its effects. In this research brief, two junior faculty members discuss their efforts to overcome ghosting at every level of the research process and its impact on hiring student workers, knowledge production, and meeting grant funding requirements. Lastly, the authors offer suggestions for overcoming the effects of ghosting and its effect on the challenges of …

Racially Disparate And Disproportionate Punishment Of Felony Murder: Evidence From New York, Guyora Binder, Alexandra Harrington

Journal Articles

America’s peculiar institution of felony murder liability has long been criticized as cruel and pointless, particularly as applied to defendants who did not kill. This study of felony murder arrest and disposition in New York reports large racial disparities, particularly for those convicted who did not kill. It is one of the first to examine the behavior punished, revealing that half of those convicted were charged as accomplices, not alleged to have killed. Many of those alleged to have caused death appeared to do so inadvertently. And almost thirty percent of all people convicted of felony murder were teens with …

Cruz Sánchez Et Al. V. Peru, Rachana Reddi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Amicus Brief Of Center For Civil Rights And Critical Justice, Aclu-Washington, King County Department Of Public Defense, And Teamchild In Support Of Appellant, Jessica Levin, Melissa Lee, Ronald A. Peterson Law Clinic, Center For Civil Rights And Critical Justice, David Montes, La Rond Baker, Katherine Hurley, Sara Zier

Center for Civil Rights and Critical Justice Advocacy

No abstract provided.

Cardozo Law News Brief: March 14, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the March 14, 2025 Cardozo Law News Brief include:

• Professor Matthew Wansley spoke to The Washington Post about safety concerns with Zoox’s self-driving vehicles.

• Professor Haiyun Damon-Feng wrote in Slate on the Trump administration's immigration actions against children.

• Professor Michael Herz discussed constitutional spending powers in Fortune.

• Professor David Rudenstine published an op-ed in the New York Law Journal defending press freedoms.

• Professor Lindsay Nash was interviewed by The New Yorker and Zeteo on immigration and due process rights.

• Adjunct Professor Gary Galperin analyzed a pretrial motion in Business Insider.

• Faculty scholarship updates include:

  • Professor Emmanuel …

    ---

    Go to article

Ruth Bader Ginsburg Essay/Art Contest: How Has Justice Ruth Bader Ginsburg (Rbg) Inspired Me? 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Sixth Annual Women In Law Leadership Lecture March 5, 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Implementing Agreement To Enhance Protection Of Critical Undersea Infrastructure, Raul (Pete) Pedrozo

International Law Studies

Since 2022, there have been several incidents of apparent intentional damage to submarine cables and pipelines in the Baltic Sea and in the waters around Taiwan. Affected coastal States correctly complain that malign actors, like Russia and China, exploit gaps in international law that make it exceedingly challenging to hold the perpetrators accountable. None of the international agreements applicable to the protection of critical undersea infrastructure provide for adequate coastal State enforcement authority beyond the territorial sea. Several proposals have been made to provide greater protection for critical undersea infrastructure—adopt a UN Security Council resolution, European Union Action Plan, naval …

Editorial Board Vol. 30, No. 1 (2025), Kathryn Hoff Editor-In-Chief

Ocean and Coastal Law Journal

No abstract provided.

Indonesia’S Identity Politics And Populism: Disruption To National Cohesion, Firdaus Arifin, Rosa Tedjabuwana, Subelo Wiyono, Mohd Kamarulnizam Bin Abdullah

Jurnal Civics: Media Kajian Kewarganegaraan

The principle of unity in diversity in Indonesia is increasingly challenged by the rise of identity politics and populism. These dynamics emerge as a confluence of pragmatic political strategies and the mobilization of sectarian groups, often leveraging religious and ethnic sentiments during election campaigns. While effective in garnering popular support, such tactics undermine national unity and social cohesion, serving as a shortcut to power at the cost of societal harmony. This issue is particularly pronounced in district head elections, where the politicization of tribal, religious, racial, and inter-community identities has become pervasive. These elections, intended to reflect democratic principles, are …

Cso Boutique Helps Students Dress For Success, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Rummaging through the racks, hanger after hanger offers style at a price you can’t beat—free. Here on the third floor of the Law School, the Faculty Conference Room has been transformed into a makeshift storefront. Dresses, suits, dress shirts, sweaters, and more hang from three racks of donated clothing. Each piece already has its own history, but thanks to the generosity of faculty, staff, alumni, and even friends, law students have the opportunity to create their own in donated designer threads.

The Career Services Office Boutique is an annual event that matches clothing some no longer need to students who …

Winter 2025 - Free & Low-Cost Legal Research Resources, University Of Michigan Law Library

Legal Tech Series

This workshop will discuss how to develop legal research strategies using a mix of subscription resources and free/low-cost alternatives. Fastcase is available for free through state bar associations for licensed attorneys, so knowing how to use it will make you a well-rounded legal researcher. This workshop will cover how researchers in many different contexts can access accurate and reliable legal information. What is available on each platform? Can you conduct research effectively using only free resources? This and more will be covered.

Resources covered: Lexis, Westlaw, Bloomberg, Fastcase, Google Scholar, and more!

The Bro-Economy And The Bro-Democracy, Floersheimer Center For Constitutional Democracy

2025 Event Invitations

Cardozo’s Professor Michael Pollack will host Michael Abramowicz (Professor, George Washington University Law School), Jennifer Lawless (Professor, University of Virginia), and Craig Holman (Government Affairs Lobbyist, Public Citizen) to discuss the manosphere, election betting, and prediction markets, and how these forces shape our democracy for good and for ill.

The Bro-Economy And The Bro-Democracy, Floersheimer Center For Constitutional Democracy

2024–2025 Flyers

Cardozo’s Professor Michael Pollack will host Michael Abramowicz (Professor, George Washington University Law School), Jennifer Lawless (Professor, University of Virginia), and Craig Holman (Government Affairs Lobbyist, Public Citizen) to discuss the manosphere, election betting, and prediction markets, and how these forces shape our democracy for good and for ill.