Digital Commons Network^™

Crimmigration: How It Can Protect Immigrant Rights, Aspen Griffing

Criminal Law Society Blog

“Crimmigration: How it Can Protect Immigrant Rights,” addresses the expansion of Immigration and Customs Enforcement under the Trump II Administration and its impact on the immigrant community in the United States. This Article recognizes the punitive nature that civil immigration proceedings, oftentimes posing consequences as severe as those in criminal proceedings. As such, this Article proposes a procedural concept of “crimmigration” to protect immigrant rights. A “crimmigration” framework would offer immigrants the right to Miranda warnings, prompt judicial determinations of probable cause, the right to a speedy trial, and the right to appeal, among other protections. While the harms caused …

A Conversation On Ethics & The Law With The Honorable Ruth Pickholz, Benjamin N. Cardozo School Of Law, Cardozo Criminal Law Society, Ruth Pickholz

2025–2026 Flyers

Retired Justice of the Supreme Court, New York City County.

Trademark’S Parody Problem, Christine Haight Farley

Research Reports & White Papers

This Article challenges the Supreme Court's recent assurance that trademark parody is adequately protected under ordinary infringement doctrine without the need for special speech safeguards. In Jack Daniel's Properties, Inc. v. VIP Products LLC, the Court curtailed the principal First Amendment defense for expressive trademark uses while predicting that parodies would nonetheless prevail under the likelihood of confusion test. This Article shows why that prediction is mistaken. Drawing on recent case law and trademark doctrine, it identifies four structural vulnerabilities that now confront parody: the expansion of "trademark use" as a gatekeeping device that excludes parodists from speech-protective …

The Kukin Program For Conflict Resolution Presents: Before You Sign, Kukin Program For Conflict Resolution, Gretchen Carlson, Julie Roginsky

2026 Event Invitations

Join Gretchen Carlson and Julie Roginsky, co-founders of Lift Our Voices, for a lunchtime discussion on workplace fairness and the hidden impact of nondisclosure agreements and forced arbitration clauses.

The event includes launch of the Lift Our Voices LOV Where You Work AI Tool, an innovative platform that empowers employees to understand what they’re signing before it’s too late. By translating dense legal language in NDAs and forced arbitration clauses into plain English, the tool brings hidden terms to the forefront.

Bring your own employment contract to the event and put the tool to the test.

Mmu: 04/20/26-04/26/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Maurice Q. Robinson ’09 Honored At 16th Annual Ballsa Celebration, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law honored alumnus Maurice Q. Robinson ('09) at the 16th Annual BALLSA Celebration for his leadership, service, and commitment to mentoring students and strengthening the law school's alumni community. The event also recognized recipients of the BALLSA Scholarship and celebrated the contributions of Cardozo's affinity groups.

Ultra Vires Review In Administrative Law For Dummies, Jack M. Beermann

Faculty Scholarship

Richard W. Murphy, Ultra Vires Review of Federal Agency Action Made Simple(r), 2025 Utah L. Rev. 1201 (2025).

Non-statutory review, ultra vires review, and Leedom v. Kyne, the leading case on non-statutory review, all have one thing in common—when I come across them, my eyes glaze over, and I pretend it never happened, hoping they will all go away. It’s like an allergic reaction. I’ve avoided talking about them, writing about them, and covering them in my Administrative Law course like the plague. Leave it to Richard (“Chip”) Murphy, famous for his entertaining and informative annual reviews of …

Legalistic Noncompliance, Daniel T. Deacon, Leah M. Litman

Duke Law Journal

Will the executive branch comply with court orders? That question has garnered a considerable amount of attention over the first few months of the second Trump administration. But what does it mean to comply? And what if a form of noncompliance is already occurring?

This Article documents an emerging practice that has dominated the second Trump administration's approach to unfavorable court rulings, a practice this Article calls legalistic noncompliance. Legalistic noncompliance occurs when the administration uses the language of the law as cover to claim that it is complying with court orders when in fact it is not. Drawing …

Journal Staff

Duke Law Journal

No abstract provided.

Originalism's Unbalanced Ledger, David Zaring

Duke Law Journal

This Essay examines the fundamental tension between originalism and cost-benefit analysis—the two dominant methodologies shaping modern, public law decision-making. Originalism, currently triumphant, prioritizes historical meaning and textual fidelity. It operates in stark contrast to cost-benefit analysis, the byword of the administrative state since 1982, which focuses on the future and efficiency. Descriptively, the two methodologies are irreconcilable. Nor is it possible to pair them by claiming they serve different purposes; originalism and cost-benefit analysis conflict when assessing agency design, constitutional rights, and judicial review of administrative action. As regulatory policymaking continues to rely on empirical and economic assessments, originalism's influence …

The Impact Of State And Federal Policies On Academic Researchers: Findings From A National Survey, Dylan Ruediger, Chelsea Mccracken, Jonathan Barefield

Copyright, Fair Use, Scholarly Communication, etc.

Key findings

● State and federal policies targeting divisive concepts or DEI are shaping research agendas at scale and across disciplines. Twenty percent of all respondents, and 29 percent of researchers working in states with divisive concepts or similar laws, reported having avoided certain research topics because of state laws and policies.

● Eight percent of respondents representing a wide range of disciplines reported having had a federal grant cancelled in 2025.

● Eleven percent of respondents reported that federal and state policies restricting research activities are compelling them to seek employment out of state, to leave the academy, or …

The Judicial Police Power, Alice Ristroph

Villanova Law Review (1956 - )

No abstract provided.

Fiscal And Foreign Relations Dimensions Of Financial Stability Regulation, Ilya Beylin

Villanova Law Review (1956 - )

No abstract provided.

Species Of State Constitutional Lockstepping, Michael L. Smith

Villanova Law Review (1956 - )

No abstract provided.

Perverse Tax Incentives And The Destruction Of Creative Works, Luke Maher

Villanova Law Review (1956 - )

No abstract provided.

Judging Requires Judgment, Justin Driver

Duke Law Journal

No abstract provided.

Presidential Administration After Arthrex, Noah A. Rosenblum, Roderick M. Hills Jr.

Duke Law Journal

The federal government employs over 2 million civilian workers, all but a few thousand of whom enjoy forms of tenure and insulation from presidential control. This bureaucracy, sometimes called "the administrative state," is organized in a many-layered structure defined by statutes and regulations. Pursuant to law and court decisions, the administrative state routinely makes findings of fact, policy determinations, and conclusions of law, sometimes independent of the president. The Supreme Court's recent decision in United States v. Arthrex risks unsettling this arrangement. It adopts a simplistic, hierarchical vision of bureaucratic organization, which is frankly incompatible with existing statutes and regulations. …

Restoring Chevron Deference By Statute, Scott Dodson

Duke Law Journal

This Essay details a solution for legislatively restoring Chevron deference: amend the APA to direct lower federal courts to give deference to reasonable agency decisions but retain nondeferential judicial review by the U.S. Supreme Court. This solution restores most of the practical benefits of Chevron by giving agencies flexibility to implement congressional policy directives with the expertise they have acquired, by maintaining stability in administrative regulation, and by relieving lower federal courts of the burdens of nondeferential review. And retaining nondeferential judicial review in the Supreme Court will preserve the constitutional role of the judicial branch to say what the …

Ndls Communicator: Week Of 04.20.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School hosted the annual Champions for Justice Public Interest Recognition Ceremony
• Notre Dame Law School hosted its second Affinity Alumni Weekend
• Notre Dame Law School’s Lindsay and Matt Moroun Religious Liberty Clinic filed an amicus brief on behalf of Associate Professor of Law Rev. Patrick Reidy, C.S.C. in St. Philip Neri Catholic Church v. Indianapolis Historic Preservation Commission.
• The Notre Dame Law School Program on Church, State & Society has awarded 2026 summer fellowships to Steph Luiz, Christian Baldari, Angela Rauch, and Paul Sheehan

Student News

• Matilda Koduh, 2L
• Grace Yeo, 2L
• Steven …

Prompt Engineering For Lawyers: Free Your Mind: Flipped Interactive Prompting And Perspective Switching, Cliff Mckinney

Arkansas Law Notes

The next prompt engineering method we are going to evaluate could be considered a form of the Socratic Method. The flipped interactive prompting method asks the artificial intelligence model to ask clarifying questions in response to a prompt, thereby refining and deepening the analytical quality of an answer. This method can be especially useful in litigation or when an issue is controversial or subject to multiple interpretations.

After exploring prompt engineering, we will then turn to perspective switching. Perspective switching allows the artificial intelligence model to switch between different viewpoints or roles. For instance, the model might start by acting …

Mediation Training, Stephen L. Sherwin Dr, Brynn Koehler, Hayden Forthman

Justice, Law, and Public Safety Studies Department Faculty Conferences

No abstract provided.

Prompt Engineering For Lawyers: We Will Add Your Distinctiveness To Our Own: Iterative Refinement And Prompt Chaining, Cliff Mckinney

Arkansas Law Notes

In the last edition, we explored two advanced prompt engineering techniques, chunking and few-shot prompting. In this edition, we will examine two more useful techniques: iterative prompt refinement and prompt chaining. Iterative prompt refinement involves repeatedly rephrasing and refining questions to lead to a better response. Prompt chaining involves guiding the artificial intelligence through related multi-step reasoning.

At first glance, iterative prompt refinement and prompt chaining may seem like the same concept, but the key difference lies in their approach. Refinement improves a single prompt through repeated adjustments, whereas chaining links a series of prompts together to tackle different stages …

The Kukin Program For Conflict Resolution Invites You To: The Dispute Resolution Educators Colloquium, Kukin Program For Conflict Resolution, Benjamin N. Cardozo School Of Law

2026 Event Invitations

This event brings dispute resolution educators—faculty, adjuncts, clinicians, and trainers—together for a day of community, learning, conversation, creativity, and mutual support. The program will feature demonstrations of innovative teaching methods, conversations around hot educational topics, the annual Dispute Resolution Teachers Resource Share, and more.

Confidentiality Of Ai Conversations: Protecting Self-Represented Litigants Who Use Chatgpt For Legal Advice, Anoo D. Vyas

Duke Law & Technology Review

When a layperson uses ChatGPT to obtain feedback on a legal matter, attorney-client privilege may not apply, as ChatGPT is not a lawyer, much less a human. Further, while lawyers are entitled to protection for their opinion work-product, it is not clear whether self-represented litigants are entitled to the same protection. Additionally, the broader duty of confidentiality binds only attorneys, not AI systems like ChatGPT. The public increasingly uses AI tools such as ChatGPT. If a layperson employs ChatGPT for legal advice, particularly in a civil matter, such communications may be discoverable and potentially admissible. This presents an access to …

Humphrey's Eulogy: A Functionalist View Of Trump V. Slaughter And The Role Of The Ftc, Alex Zhang

Duke Journal of Constitutional Law & Public Policy Sidebar

Trump v. Slaughter presents the Supreme Court with a foundational question about the administrative state: whether the for-cause removal protections afforded to Federal Trade Commission Commissioners under the FTC Act are consistent with Article II's vesting of executive power in the President, and, if not, whether Humphrey's Executor v. United States should be overruled.

In March 2025, President Trump removed two FTC Commissioners without satisfying the statutory standard of inefficiency, neglect of duty, or malfeasance in office. The dismissed Commissioners sued, and the District Court for the District of Columbia granted summary judgment in their favor, holding that Humphrey's Executor …

Using Ai To Identify National Security Threats: A Holistic Examination Of The Legal Risks And Increased Need For Regulation, Skylar Mcvicar

Duke Journal of Constitutional Law & Public Policy Sidebar

Artificial intelligence (AI) is integrating rapidly into daily practice, including in the national security sector. AI has the potential to improve bureaucratic efficiency, enhance military intelligence and threat assessment, and develop autonomous vehicles and weapons, making it a revolutionary tool in national security. Since AI implementation is a relatively recent phenomenon, there is currently limited governmental regulation in place to safeguard against potential violations of civil liberties and other legal risks. Given AI's capacity to infringe on certain civil liberties such as the Fourth Amendment right to privacy and the Fourteenth Amendment protection against discriminatory policies, establishing strong oversight measures …

Cardozo Law News Brief: April 17, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the April 17, 2026 Cardozo Law News Brief include:

• Professor Jessica Roth spoke to NPR about why no arrests have resulted from the Epstein files, noting the lack of context surrounding released materials.
• Professor Zalman Rothschild authored an op-ed in The Washington Post arguing that the Supreme Court should uphold childhood vaccination mandates and warning against expansive interpretations of parental rights.
• Professor Rebecca Ingber was quoted in The Washington Post on the Senate’s war powers vote, emphasizing the legal realities of U.S. involvement in Iran.
• Professor Saurabh Vishnubhakat spoke to Law.com about the Supreme Court’s Cox decision and …

Prompt Engineering For Lawyers: How Deep The Rabbit Hole Goes: The Chunking Technique And Few Shot Prompting, Cliff Mckinney

Arkansas Law Notes

There are many different strategies and techniques that can be applied to prompt engineering. However, there are six methods that are particularly useful for lawyers: Chunking, which involves dividing a large task into smaller, more manageable requests; Few-shot prompting, which involves giving artificial intelligence examples to guide a response; Iterative prompt refinement, which involves repeatedly rephrasing or refining questions to lead to a better response; Prompt chaining, which involves guiding the artificial intelligence through related multi-step reasoning; Flipped interaction prompting, which involves asking the artificial intelligence to ask the user questions to prompt new thoughts, like the Socratic method; and …

Glossip’S Road Map To Nowhere, Vida Johnson

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense. This essay argues that the 2025 Glossip decision does little to fix the myriad problems that led to Mr. Glossip’s wrongful conviction. While ultimately the Supreme Court reached the correct outcome this time, the ordinary judicial process and its purported safeguards were not what saved Mr. Glossip’s life. Rather, it was random chance that came to Mr. Glossip’s aid.

Ten years earlier, the Supreme Court, with many of the same Justices on the bench now, paved the way for Mr. Glossip’s execution. The …

Causes, Effects, And Solutions Of Wrongful Convictions, Allison B. Gobuzzi

Honors Theses

This study examines the wrongful conviction of Anthony Hinton and other examples that illustrate the causes of wrongful convictions in the United States and the effects that wrongful convictions have on the wrongfully accused and their families. This study uses research from scholarly articles and legal cases to analyze the factors that contribute to wrongful convictions and the impact on the wrongfully accused and their families. The research concludes that wrongful convictions are frequently the result of both evidentiary and procedural issues within the criminal justice system.