Digital Commons Network^™

On The Right To Obscurity, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

Tragically, U.S. privacy law has neglected to address a significant dimension of privacy. While lawmakers and judges have routinely recognized intrusions into our secluded spaces and breaches of our confidentiality and secrecy, they have largely failed to protect our most common yet also our most underappreciated form of privacy: the practical obscurity that allows us to live freely and with dignity. Obscurity, which is the state of protection that arises when personal information is difficult for some people to obtain or correctly interpret, serves several vital interests: (1) it safeguards our ability to express ourselves without fear that everything we …

Aggregation And The “Universal” Injunction, Portia Pedro, Adam Steinman

Faculty Scholarship

A crucial function of judicial review is not only “to say what the law is,”¹ but also to provide the remedies to vindicate that law.²  Judicial review plays an especially important role when government officials act in ways that violate federal law, including when they violate the Constitution.³  When government officials violate the law, the judicial review function supports a remedy that requires officials to comply with federal law by ceasing to pursue the illegal policy or practice.

Such “compliance” injunctions have been given the label “universal” or “nationwide” injunctions insofar as they go beyond giving “complete …

The Colonial Borders Within: Racial Profiling, Language, And Civil Juries, Jasmine Gonzales Rose

Faculty Scholarship

This Article builds on the scholarship of Kevin R. Johnson, whose work has long illuminated how immigration law and constitutional doctrine have enabled the subordination of Latines through racial profiling,2 language discrimination,3 and exclusion from civic institutions, like juries.4 His analyses of juror exclusion and the importance of a diverse judiciary underscore how the composition of civil and criminal factfinders shapes both recognition of harm and the remedies afforded.5 Long before the current period of intensified, abusive immigration enforcement, his scholarship traced the historical roots of these practices, examined their contemporary manifestations, and revealed the ways in which the law …

The River That Powers Us: A Tribute To Dean Emeritus Kevin R. Johnson, His Steadfast Commitment To Diversity And Excellence, And His Legacy Of Impact, Angela Onwuachi-Willig

Faculty Scholarship

This Essay pays tributes to Dean Emeritus Kevin R. Johnson’s extraordinary contributions to the growth and successes of full-time Latinx faculty and other faculty of color within the legal academy. To do so, it utilizes the recent, inaugural study of faculty by the Association of American Law Schools (AALS) to situate the legal academy’s progress with the diversification of its faculty within a longer trajectory and then illustrates how such gains over the past three decades are the product of intentional, sustained intervention rather than organic institutional and societal evolution. The Essay begins by tracing the lineage of this progress …

Disclosure Duties And Responsibilities, Gregory Klass

Georgetown Law Faculty Publications and Other Works

Contract disclosure rules differ in structure, function, and design. Though scholars often treat all these rules under the rubric of duty, in fact they fall into two broad categories. Disclosure duties treat the failure to disclose as a legal wrong; disclosure responsibilities attach positive legal consequences to disclosure but do not treat nondisclosure as a legal wrong. Disclosure duties can be further divided. Specified disclosure duties, which typically apply to consumer and other mass-market transactions, provide detailed guidance regarding both what information to disclose and how to disclose it. Generic disclosure duties, such as the tort of nondisclosure, provide broad …

Ai, Medicine, And Social Determinants Of Health Data, Ryan Doyloo, Nicholson Price

Articles

This article examines how medical AI systems are incorporating SDoH data and the governance challenges that follow. The authors show that while SDoH integration can enhance clinical workflows and predictive accuracy — potentially improving outcomes for underserved populations — it also introduces acute risks of proxy discrimination, where facially neutral variables replicate protected characteristics. Surveying U.S., EU, and international frameworks, the authors argue that existing regimes lack clear ex ante guidance to distinguish beneficial from harmful uses of SDoH data. In response, they advance post-market monitoring as a pragmatic and scalable pathway: generating real-world, SDoH-stratified evidence that can support enforcement, …

Feedback Loops: What Am I Missing?, Patrick Barry

Articles

In May, 2024, The Wall Street Journal published an article titled “For Conversations You Dread, Try a Chatbot.” Here are the opening lines: Many people worry about the outsize role that AI may eventually play in our lives. But what if employing an AI program could actually help us with issues that cause fear and anxiety? We’ve found that it can be a surprisingly effective tool for figuring out how to approach emotionally charged conversations.

Jazz V. Law: An Overview Of Copyright Law For Jazz Musicians, Trevor Thompson

University Honors Theses

The United States copyright system has become increasingly complicated and has developed a bias toward written, notated mediums over performance mediums. This bias can be traced from the Statute of Anne through the modern system under the Copyright Act of 1976, and it directly affects jazz musicians' ability to comply with copyright laws and properly receive royalties for their work. This study traces the evolution of copyright law from 1710 to the present, noting important cases such as White-Smith Music Pub. Co. v. Apollo Co., McIntyre v. Double-A Music Corporation, and Tempo Music, Inc. v. Famous Music Corp. …

The School To Prison Pipeline From The Inside Out: Survivor Narraitves, Nina M. Koufalias

Dissertations

This dissertation examines the lived experiences of two Latino men who traversed the school-to-prison pipeline in the 1980s. The purpose of this study is to investigate how intersecting systems of racism, ableism, poverty, and exclusionary school practices shaped their educational trajectories and contributed to their incarceration. Three overarching research questions guide this inquiry: (1) What can be learned from the stories of two formerly incarcerated relatives that sheds light on how the school-to-prison pipeline is lived? (2) How do their narratives illustrate the impacts of exclusionary discipline policies, such as zero-tolerance, on educational opportunities and life outcomes? (3) How does …

Ndls Communicator: Week Of 06.01.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School’s Religious Liberty Clinic Advises Catholic Dioceses on Best Practices for Organizational Governance

Student News

• The Notre Dame Exoneration Justice Clinic (EJC) hosted a welcome picnic yesterday for this year’s cohort of students joining the EJC’s summer internship program
• Perla Khattar, J.S.D. candidate

Alumni News

• Thomas Curtin, ‘68 J.D.
• Batul Ather, ’24 J.D. 

Faculty Briefs

• Paolo Carozza
• Paolo Carozza & Msgr. John Paul Kimes
• Paul Miller
• Carter Snead
• Derek Muller
• Lloyd Mayer
• Daniel Slate
• Devan Patel, 20' J.D.
• Dan Kelly, former colleague

Around the Watercooler

• Happy Birthday to celebrants in May
• ND Well-Being Reminders …

Ai Suppression: E-Discovery Software And Brady, Jason Hartline, Liren Shan, Alec Sun, Rebecca Wexler

Faculty Scholarship

Prosecutors regularly rely on AI e-discovery software, known as technology assisted review (TAR) tools, to sort and prioritize digital evidence. These tools implicate constitutional concerns: they can either risk suppressing or help to surface exculpatory and impeachment evidence that prosecutors must disclose under the Brady due process rule. Yet doctrine, agency guidance, and scholarship offer virtually no direction on their use.

This Article examines how TAR affects Brady compliance. Using computer science simulations on synthetic data sets, we show that TAR can either hide or help to expose Brady evidence, depending on how it is configured and the configurations of …

Seqra Developments: Amendments To Ease Housing Construction, Revised Regulations, New Cases, Michael B. Gerrard

Faculty Scholarship

In the hopes of easing the housing shortage, on May 26 the New York Legislature passed and Governor Kathy Hochul signed a bill that will exempt many multifamily housing projects from the State Environmental Quality Review Act (SEQRA).

A month before, the New York State Department of Environmental Conservation (DEC) issued regulations on protecting disadvantaged communities, and took steps to require more discussion of climate impacts under SEQRA.

The Impact Of Ai Companions On Family Law, Clare Huntington

Faculty Scholarship

People of all ages and backgrounds regularly use AI companions — virtual friends, lovers, and confidantes powered by artificial intelligence. As a new form of relationship, this development poses novel doctrinal and policy questions for family law. As a doctrinal matter, what does child neglect look like when a parent delegates caretaking to an AI companion? How should standards for elder neglect adapt to the widespread use of robotic caregivers? Should lawmakers impose mandatory reporting requirements on therapy bots if children share experiences of abuse or neglect? And can people designate an AI companion as a health care proxy? As …

Public Perceptions Of Family Caregiving Of Children Versus Older Adults, Elizabeth S. Scott, Tamar Kricheli-Katz

Faculty Scholarship

The population of older adults in the United States is growing at a rapid rate, both because people are living longer lives and because older adults are an increasingly large share of the population as baby boomers age. It is predicted that by 2030, one in ¿ve adults in the United States will be of retirement age, and one in six people worldwide will be age 60 or older. By 2034 there will be more adults age 65 and older in this country than minor children under age 18.

Among the important consequences of this demographic trend will be a …

Reforming Funding To Better Defend Families: Holistic Preventive Legal Advocacy That Checks Cps Agency Power, Joshua Gupta-Kagan

Faculty Scholarship

The federal government has provided funds to support legal representation of parents facing allegations of child neglect or abuse since 2019, across administrations of both parties. That funding illustrates the field’s recognition of parent defense’s importance to improving outcomes and reducing harms from the family regulation system, especially once CPS agencies file petitions against parents. Federal Title IV-E funding supports parent representation in those family court cases and for parents at risk of facing such cases. That funding has been an essential boon to parent representation and the benefits that flow from it. It is nonetheless time to take a …

Five Urban Futures For A Hot Planet: U.S. Legal Scenarios, Michael B. Gerrard

Faculty Scholarship

If current climate change trends continue, flooding, extreme heat, wildfires, and water scarcity will make the homes of millions of people in the United States increasingly uninhabitable. This change could happen by the end of the century, perhaps sooner. Most people will want to stay in their current homes, but there is no coherent policy to fortify the most vulnerable places. Nor is the current legal system equipped to handle what may become one of the largest migrations in U.S. history, as people flee intolerable climate conditions. This Article envisions five scenarios for cities in the future: sprout, grow, stay, …

The Administrative Law Of Mccarthyism, Nicholas Handler

Faculty Scholarship

This Article recovers the largely overlooked legal and administrative history of the federal loyalty-security program, and argues that it played a formative role in the development of modern civil service protections and administrative law. During the McCarthy era, the United States Civil Service Commission (CSC), under pressure from Congress, implemented a sweeping loyalty program aimed at rooting out purportedly disloyal federal employees. Though often remembered as a moment of political overreach and civil liberties violations, this Article shows that the loyalty program simultaneously catalyzed a surprising expansion in procedural rights for government workers—both through internal reforms initiated by the CSC …

Owning Geothermal Energy, Gabriel Eckstein

Faculty Scholarship

Geothermal energy holds vast potential for decarbonizing the U.S. energy system, yet the sector remains significantly underdeveloped, supplying only 0.4% of the nation's electricity. A principal barrier to growth is the fragmented and ambiguous legal landscape currently governing ownership of geothermal resources: thirty-three states lack any clear statutory or common-law framework identifying who owns subsurface thermal energy. This Article examines the physical characteristics of geothermal energy, recent developments in the U.S. geothermal sector, and the principal doctrinal approaches that might govern ownership of subsurface heat, including the ad coelum doctrine, common-pool and open-access frameworks, the rule of capture, and public …

Aggregation And The “Universal” Injunction, Portia Pedro, Adam N. Steinman

Faculty Scholarship

In this Essay, we begin with a brief summary of the CASA decision’s holding regarding the availability of “universal” injunctions. Part II discusses the relationship between remedies and judicial review and the important role that such injunctions play in that regard. Part III explores how class actions could serve as an alternative path for federal courts, after engaging in judicial review, to make their decisions meaningful by requiring officials to comply with the law and to cease illegal actions or policies. We also respond to several objections to the use of class actions in this context. The final Part addresses …

The Supreme Court Under Threat: Early Lessons In Judicial Self-Protection, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

This Essay explores how the U.S. Supreme Court, despite being vulnerable to defiance of its decisions and political retaliation, has developed tools of judicial self-protection to preserve its institutional authority and thus its capacity to sustain the Constitution and the rule of law. Arguing that the Court performs not only a legal role that requires interpretation of the law but also a political one that demands institutional preservation, the Essay examines how the Court has historically navigated political threats by using a range of tools—including avoidance, delay, narrow rulings, strategic dicta, and rhetorical appeals. The Essay focuses on three nineteenth-century …

Making The Party Presentation Principle Safe For Originalism, Randy E. Barnett, Lawrence B. Solum

Faculty Scholarship

The Supreme Court sometimes adheres to what it calls the “party presentation principle”—terminology that dates back to 2008. Although judicial articulations of the principle have been inconsistent and imprecise, the gist is the familiar notion that courts should resolve cases on the basis of the issues and reasons presented by the parties to the dispute. Conversely, questions not properly raised by the parties should be avoided by the Court. Thus, the Court has on several occasions declined to address arguments outside the scope of the questions raised by the parties in their petition for certiorari.

For originalists, the importance of …

Evolving Networks: Information Exchanges Reshaping Of Global Finance, Andrew P. Morriss, Charlotte Ku

Faculty Scholarship

This article challenges the characterization of international financial centers (IFCs), often called "tax havens," as enablers of tax evasion and money laundering. Drawing on an extensive analysis of tax treaties, regulatory statutes, and historical literature, we explore the evolution of the global information exchange network, its impact on integrating IFCs into the global financial system, and the resulting curtailment of their use for illicit purposes. The expansion of treaties, from Mutual Legal Assistance Treaties (MLATs) to Tax Information Exchange Agreements (TIEAs) and multilateral frameworks like the OECD's Common Reporting Standard (CRS), has significantly limited the potential for secrecy-driven financial activities …

Shrinking Sovereignty: By Land, Sea, And…Air?, Cynthia R. Harris

Pace Environmental Law Review

Atlantis was a mythical State destroyed by the gods as an object lesson to humanity. The complete destruction of a State, as a political entity, does have precedent in historical reality. The complete and permanent loss of a State’s physical territory, however, is a problem humanity has never faced—until now. Today, climate change-driven sea level rise is bringing the future sovereign status of Small Island Developing States (SIDS) in question. A growing body of legal scholarship argues for maintaining these States’ maritime jurisdictions but has not yet extended the question skyward to SIDS’ jurisdiction over airspace.

This Article addresses that …

Municipality Of Bayamón V. Exxon Mobil Corp. (2025): Bringing Racketeering Charges For Climate Justice, Ilinca C. Johnson

Pace Environmental Law Review

Environmental justice communities should have their climate change damages heard in the courtroom. One means to increase environmental justice claims is through claims under the federal Racketeer Influence and Corrupt Organizations (RICO) Act. Using Municipality of Bayamón v. Exxon Mobil Corp. (2025) as a model, this Article suggests a novel RICO case strategy to pursue climate damages for marginalized communities. Fundamentally, environmental justice RICO claims involve careful case design based on the climate-related damages a marginalized community has faced because of the long-term deception by fossil fuel actors upon those communities. Pursuing such claims forwards the intersectional issues faced by …

Non-Reformist Reforms In Environmentalism: Legal Theory And Praxis, Nicholas F. Stump

Pace Environmental Law Review

This Article explores how non-reformist reforms—as opposed to traditional environmental law—are required for ecologically transformative futures. Traditional environmental law is a critically flawed regime due to its embeddedness in our current ecological political economy, which functionally requires perpetual accumulation and growth. However, this accumulation- and growth-based paradigm is incompatible with the material realities of our planetary boundaries. This paradigm has thus engendered our current era of profound ecological crisis (i.e., as associated with notions of the Anthropocene).

Non-reformist reforms are an alternative framework that can help drive transformations of our ecological political economy vis-à-vis building and operationalizing people power from …

Antitrust Law And Healthcare Consolidation: Case Analyses Of U.S. Hospital And Insurance Mergers, Francesca Meek

Honors Projects

Rising healthcare costs in the United States have intensified concerns about hospital consolidation and its effects on market competition. This paper examines the application of antitrust law to horizontal mergers involving hospitals and health insurers, focusing on how courts evaluate proposed mergers under Section 7 of the Clayton Act. Using a qualitative case study approach, the study analyzes eight major federal antitrust cases from the past two decades to determine how courts assess market concentration, competitive effects, and merger defenses.

The findings show that the Federal Trade Commission (FTC) and Department of Justice (DOJ) were successful in six of the …

2026 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement Programs

Order of Exercises

Processional:

Felix Wu, JD, PhD, Vice Dean, Professor of Law, Herald

Presiding: 

Selma Botman, PhD, Provost and Vice President for  Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem: 

Cantor Ira W. Heller, JD, Benjamin N. Cardozo School of Law, Class of 2008

Remarks: 

Melanie Leslie, JD, Dean, Benjamin N. Cardozo School of Law, Class of 1991

Commencement Address: 

Hon. Rowan D. Wilson, Chief Judge of the State of New York and the New York Court of Appeals

Student Remarks: 

Quentin Decurnes, LL.M. Class Speaker, Class of 2026

Basya Bates, …

Optimizing Vitamin A Intervention: Strengthening Supplementation With Targeted Biscuit Fortification, Mayfa Yemima Simanjuntak, Nadia Amanda, Yuli Berliana Simanjuntak, Carissa Wityadarda, Lesta Livolina Simamora

Journal of Indonesian Health Policy and Administration

Vitamin A deficiency (VAD) remains a persistent public health challenge in Indonesia, particularly among children under five and breastfeeding mothers. This study aimed to analyze the distribution of vitamin A interventions and assess the potential of biscuit fortification as a complementary strategy. This study employs a literature review using the Health Policy Triangle (HPT) framework, examining policy context, content, key actors, and implementation processes related to vitamin A interventions. The analysis was conducted using secondary data from government reports, international agencies, and peer-reviewed literature published between 2018 and 2025, with comparative evidence from Vietnam, Bangladesh, and Ghana. The findings show …

Critical Geopolitics And The Reconstruction Of Meaning: A Discourse Analysis Of The 'Terrorism' Label Applied To Hamas By Western Hegemony, Cahaya Mulyani Sakti, M.Hamdan Basyar

Journal of Terrorism Studies

The emergence of Hamas in 1987 cannot be separated from the configuration of modern colonialism and the continuity of occupation that shaped the political reality. Hamas’s early phase was rooted in socio-religious activities through education and community empowerment programs, before evolving into armed resistance against the occupation. The labeling of Hamas as a “terrorist” organization began in the mid-1990s in U.S. legal documents, which subsequently generated debate and gave rise to counter-narratives. This study employs the frameworks of critical geopolitics (Ó Tuathail & Agnew) and the Discourse-Historical Approach (Wodak) to analyze the labeling of Hamas as “terrorist” by Western hegemony. …

Artificial Intelligence In Healthcare: Ethical Frameworks, Challenges, And Global Approaches To Responsible Implementation: A Perspective, Vikas Vaibhav, Arwinder Singh, Yashpal S, Raviprakash Meshram, Varun Chandran A, Kshitiza Sharma

Graduate Medical Education Research Journal

Major advancements in domains like diagnosis and personalised treatment will be seen because of the rapid growth of artificial intelligence (AI) in healthcare. But this shift additionally presents significant ethical concerns that need to be carefully considered at every stage of AI's research, use, and impact on society in medical settings.

This review summarises the findings of multiple systematic and scoping reviews, as well as studies of specific AI applications published between 2013 and 2025. Additionally, it examines ethical norms from different countries and international organisations objectively. Consistent ethical challenges identified include the "black box" problem (lack of transparency and …