Digital Commons Network^™

Turning Over The Ballot: Direct Democracy And State-Level Change, Floersheimer Center For Constitutional Democracy, Wilfred U. Codrington Iii, Phillip Ensler, Susan Lerner, Miriam Seifter

2024–2025 Flyers

No abstract provided.

Ndls Communicator: Week Of 02.24.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School launches Dean's Initiative for Leadership and Scholarly Excellence to support incoming J.D. students
• Law and Economics of Organizations: The 12th Law and Economics Conference

Faculty News and Briefs

• Jennifer Mason McAward authored “Understanding Brady Violations," forthcoming in the Vanderbilt Law Review.
• Jeff Pojanowski's article, "Faces of Formalism," was the download of the week on Lawrence Solum's Legal Theory Blog.
• Sam Bray was quoted in the CNN article, "Trump and allies celebrated court orders against Biden they now claim are 'tyrannical.'"
• Nicole Garnett was quoted in an article by The 74 about open enrollment …

My Father Survived The Holocaust. Censorship Didn’T Stop The Nazis, It Helped Them, Nadine Strossen

Other Publications

No abstract provided.

Double Standards In Un Political Bodies: Is Impartiality Possible?, Steven Ratner

Other Publications

The decisions of the UN’s political bodies would seem to represent the epitome of claims of double standards in the enforcement of international law. For even if we can accept that the members of the Security Council or the Human Rights Council (HRC) will choose to bring some situations to the attention of those bodies while leaving others off the agenda, or to pass some resolutions and reject others, such decisions seem quite suspect if we view those organizations as not merely making policy but enforcing international law. International lawyers have long identified this dilemma over enforcement: is it better …

Mmu: 02/24/25–03/02/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Turning Over The Ballot: Direct Democracy And State-Level Change, Floersheimer Center For Constitutional Democracy, Wilfred U. Codrington Iii, Phillip Ensler, Susan Lerner, Miriam Seifter

2025 Event Invitations

Join Phillip Ensler ‘17 (Alabama State Representative), Susan Lerner (Executive Director, Common Cause-NY), and Miriam Seifter (Professor, Univ. of Wisconsin Law School) who, with Cardozo’s own Professor Wilfred Codrington, will discuss ballot measures, direct democracy, and effecting change at the state level. Registration is encouraged but not required for current Cardozo students.

A Conversation With Julia Haart, Cardozo Fame Center, Fashion Law Society, Michelle Greenberg-Kobrin, Julia Haart

2025 Event Invitations

Step into the world of innovation and entrepreneurship with Cardozo's FAME Center and the Fashion Law Society as they host an exclusive event featuring Julia Haart—CEO, designer, author, activist, producer, and the captivating star of Netflix's “My Unorthodox Life.” Join her in a riveting dialogue with Professor Michelle Greenberg-Kobrin, as they delve into Julia's non-traditional journey to the C-suite and her trailblazing approach to business.

Ethical Considerations Of Commercial Utilization Of Consumer Health Data To Build Valuable Intellectual Property, Jen Neal

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Armstrong Construction Inc., Appellant V. Itzel Cox And Baudelio Covarrubias, Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert Faust, District Court No. 200903803

Paul W. Jones, Attorneys for Armstrong Construction, Inc

Douglas C. Shumway, Attorneys for Appellee Baudelio Covarrubias, Gavin Wenzel, Attorney for Appellee Baudelio Covarrubias

A Plea For Private International Law (Conflict Of Laws), Michael S. Green

Notre Dame Law Review Reflection

Public international law primarily deals with the legal rights and duties of nations. But there is another body of international law—private international law—that seeks to coordinate private legal rights and duties in cases that straddle national borders or involve citizens of different countries.

This law has a long history. But it really took off with the expansion of travel, communication, and trade in the nineteenth century. And American courts played an outsized role in its development. Because the constituent states of the United States were, in large part, understood as retaining the sovereignty of nations, American courts took private …

Presidential Oversight Of Independent Agency Rulemaking: A Literature Review, Matthew R. Osuch

Notre Dame Law Review Reflection

Over the course of the last several decades, the role of the President vis-à-vis the administrative state has undergone a profound evolution. Central to this development is President Clinton’s Executive Order (EO) 12866, issued in 1993—a landmark directive that modernized and reinvigorated the process by which federal agencies promulgate significant regulations. Like his predecessors, President Clinton declined to extend EO 12866’s cost-benefit analysis and centralized review requirements to independent agency rulemakings. This Note provides a literature review of the competing perspectives regarding the legal permissibility and desirability of that choice and the choice of every President since to do the …

Registration As Consent: Patching Jarkesy's Hole In Sec Enforcement, Alexander I. Platt

Notre Dame Law Review Reflection

In SEC v. Jarkesy, the Supreme Court held that whenever the SEC seeks to impose monetary penalties on enforcement targets for securities fraud, it must proceed in federal court and not its own administrative forum. Many observers predict this will significantly impact SEC enforcement.

But not necessarily. A simple legal patch might repair the hole Jarkesy opened up: parties who register with the SEC may thereby consent to its administrative jurisdiction. (Because Jarkesy and the funds he managed were not registered, his case did not resolve the issue.)

This Essay shows how registration may constitute consent to SEC administrative …

Cardozo Law News Brief: February 21, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the February 21, 2025 Cardozo Law News Brief include:

• Professor Jessica Roth appeared on PBS NewsHour to discuss DOJ resignations tied to the dismissal of a case involving NYC Mayor Eric Adams.

• Adjunct Professor Gary Galperin spoke to Gothamist about court procedures in the Luigi Mangione case.

• Derrick Hamilton, Deputy Director of the Perlmutter Center, published an op-ed in Times Union advocating for stronger discovery laws.

• Professor Peter Markowitz was quoted in Gothamist and Newsweek about ICE access to protected spaces under Mayor Adams.

• Professor Michael Pollack commented in Bloomberg on Denver’s new sidewalk repair fee.

• Professor …

  ---

  Go to article

Adapting Principles To Circumstances: Maryland Shall Issue, Inc. V. Moore And The Post-Rahimi Gun Regulation Landscape, Zachary Shank

Maryland Law Review

No abstract provided.

Evidence Quiz With Answers And Explanations: Propensity, Frank Rosenblatt

Journal Articles

This quiz tests basic concepts of character, propensity, and impeachment using the Federal Rules of Evidence.

Ensuring Free, Immediate, And Equitable Access To Federally Funded Research (August 25, 2022)

Copyright, Fair Use, Scholarly Communication, etc.

Ensuring Free, Immediate, and Equitable Access to Federally Funded Research (August 25, 2022)

Copy Trading Unveiled: The Regulatory Need For Investor Protection In India, Manas Rohilla, Vaibhav Vijay Nishad

National Law School Business Law Review

Rapid fintech advancements have grappled regulators worldwide with the complex task of balancing innovation with investor protection. This paper delves into the evolving landscape of financial technology, with a specific focus on copy trading. Through a comprehensive review of existing literature, it becomes evident that there exists a significant gap in research concerning the regulatory framework governing copy trading in India. To bridge this gap, we initiate an academic discourse on copy trading, its prevailing models, and the existing domestic regime. We examine the need for regulatory oversight by SEBI of copy trading in India, driven by key concerns such …

The "Principles Of Equity" In Dewberry, Andres Sawicki

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Guns, Judges, And Trump, Rebecca L. Brown, Lee Epstein, Mitu Gulati

Duke Law Journal Online

The Second Amendment landscape is widely perceived to have changed as a result of two cases, District of Columbia v. Heller and New York State Rifle & Pistol Ass’n v. Bruen. But how much did it change and in what ways? Empirical work on these questions has been sparse. This Essay reports on a preliminary look at the data. Although this is a developing story, the impact of these cases appears to have been substantial, and not only by increasing the sheer number of gun cases in the courts. More significant is the way that the Court’s new historical test …

A Constitutional Mandate To Adopt Avs, Kevin Frazier

Washington and Lee Law Review Online

The rapid advancement of autonomous vehicle (“AV”) technology presents a unique opportunity to enhance public safety by drastically reducing road fatalities. Despite significant private sector investment and demonstrated improvements in AV performance, public adoption and integration remain hindered by regulatory gaps and societal skepticism. This Article argues that the federal government has an affirmative obligation, rooted in the doctrine of a right to effective government, to champion the adoption of technologies like AVs that meaningfully promote the general welfare.

Drawing on the Preamble’s mandate to advance the general welfare and lessons from the transition from the Articles of Confederation to …

Cross-Examination And The Right To (College) Education: An Analysis Of The Substantive And Procedural Rights, Spencer Thomas

Washington and Lee Law Review Online

If the marketplace of ideas provides the basis for our growth and self-determination as a society, college campuses are the factories in which those ideas are cultivated, tested, and manufactured. Equally important, they are often the chief mechanism by which individual students are given the tools to meaningfully participate in the political process, in civic and social institutions, and the ability to chart socially mobile and economically independent lives.

Yet federal courts have never recognized a student’s liberty interest in their education. Adopting a framework initially posited by Professor Matthew Shaw, this Note advocates that students retain a substantive due …

Plight Of The American Innovator, David R. Soucy

Chicago-Kent Journal of Intellectual Property

The American innovator is at risk. Our U.S. patent system unfortunately favors the speculators over the innovators. In the fight against questionable patent suits brought by non-practicing entities (i.e., patent trolls), those disagreements have become a one-sided affair in favor of the investor. This unjust circumstance arises due to the immunity patent trolls have from the innovator’s patents. A frustrating predicament for an innovator who has often made substantial investments in protecting his or her technology that go for naught in a dispute with an entity who does not put products into the stream of commerce. Now § 285 of …

Guardians Of Cyberspace: Censorship, Ai-Generated Child Imagery & The Role Of Online Platforms, Derick A. Kalt

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Reviewing The Reviewers: Loper Bright's Impact On Judicial Review Of Patent Trial And Appeal Board Ipr Practice, Jason A. Engel, George C. Summerfield, Devon C. Beane

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Warner Chappel Music, Inc. V. Nealy And The Copyright Act's Statute Of Limitations, Tyler T. Ochoa

Chicago-Kent Journal of Intellectual Property

The U.S. Copyright Act’s statute of limitations is unremarkable. Nonetheless, disputes concerning the interpretation and application of this statute have sufficiently vexed the courts that it has been the subject of two Supreme Court decisions in the past decade. Most recently, Warner Chappell Music, Inc. v. Nealy resolved a circuit split that lasted only a few years. Despite this resolution, and the seeming unanimity of the lower courts in adopting the discovery rule of accrual, closer examination reveals that the lower courts are applying the discovery rule in two very different ways, depending on the nature of the dispute between …

Organic Websites: Certification Of Ai-Generated Or Human-Written Content On The Internet, Andrew W. Torrance, Bill Tomlinson

Chicago-Kent Journal of Intellectual Property

This paper proposes the development of a certification system analogous to the standards used in organic food labeling, designed to distinguish websites based on the proportion of human-written versus AI-generated content. In an era where AI plays an increasingly prominent role in content creation, this system would provide transparency for consumers and uphold fair competition in digital markets. The certification would allow website creators to present verifiable evidence of their content’s provenance, ranging from entirely human-made, to a mix of human and AI contributions, to fully AI-generated content. Additionally, this paper explores the legal and policy frameworks necessary for implementing …

Glenn Howard Griffin, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Several of the State’s arguments misconstrue Glenn’s arguments. Other positions fail to address arguments that Glenn has made. This reply memorandum highlights the various deficiencies in the State’s arguments

Seeing The Unseen: Procedural Solutions In Plain Sight, Melissa Mortazavi

Other Faculty Publications

No abstract provided.

Navigating Sovereignty And Global Economic Norms: Balancing Imf And World Bank Adjustment Policies With Developmental Realities, Michael Dudzinski

San Diego International Law Journal

The Structural Adjustment Programs (SAPs) administered by the International Monetary Fund and the World Bank aim to foster economic stability, growth, and poverty reduction in developing countries. However, the varied outcomes of these programs underscore the challenges of applying standardized economic reforms across diverse geopolitical landscapes. This analysis calls for a paradigm shift towards more tailored, context-sensitive approaches that recognize the unique circumstances of each recipient country. By prioritizing flexibility and local engagement, SAPs can better support sustainable development and economic stability, aligning international financial policies with the complex realities of global economic diversity.

Preserving Diversity In The Wake Of Students For Fair Admissions, Inc.: Historical Lessons From The United States And India, Tyler Dunne

San Diego International Law Journal

Following the ban on considering race in higher education admissions under Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, concerns have emerged over maintaining racial diversity in college classrooms. This analysis offers a comparative perspective, exploring the history and methodologies of affirmative action in the United States and India to identify effective strategies for promoting diversity in U.S. universities. Recommended approaches include top percent programs, socioeconomic-based affirmative action, test-optional or test-blind policies, race-based recruiting, removing legacy preferences, and holistic student reviews. By implementing these strategies, universities can still work toward their diversity goals despite the …