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A Case For Judge-Made Law For The American Jurists From An English Perspective—Drawing Example From The Human Rights Act 1998, Samuel Kuo

Georgia Journal of International & Comparative Law

Many authors frown upon judge-made law as an inappropriate and ghastly exercise of judicial activism in American jurisprudence. This, nevertheless, is not the view of English jurisprudence. This Comment proposes instead that the American legal audience should embrace the benefits of judge-made law as a means of correcting the rigidity and inadequacies of the legislature. It does so by drawing an example from the recent debates over whether the Human Rights Act 1998 should be amended or repealed by the legislature, which is comprised of the members of parliament sitting in the House of Commons. By drawing the example of …

Use Laws Of Attraction: The Gravitational Pull Of A U.S. Space Court, Caleb Zachary Morris

Georgia Journal of International & Comparative Law

No Man’s Land Another crude mission into the darkness we’ve dreamed, our intuition scream, and with no one there to hear it the truth of our condition only ever harkens to the meanings and the means we rectify with words and spirits. Yes, the human mind cannot help but defy conventions, intentional or otherwise, necessity always inspiring invention. —Stan Vilensky

Var Check: Visa Requirements For The 2026 Fifa World Cup, Emory Kincaid

Georgia Journal of International & Comparative Law

“We are bullish about the power of football (soccer). It will become the number one sport in North America” —FIFA President Gianni Infantino

Canada, Mexico, and the United States will host the 2026 Fédération Internationale de Football Association (FIFA) World Cup. While the tournament is expected to generate more than $40 billion in economic activity across the continent, FIFA’s decision to award hosting rights to North America coincides with Gianni Infantino’s stated goal of dethroning American football as the most popular sport in North America. While billions of dollars and a healthy dose of soft power await North America on …

Land Use Zoning: The Answer To Housing Affordability? A Look At Aukland, New Zealand And Minneapolis, Minnesota, Charlsey Kelly

Georgia Journal of International & Comparative Law

For many individuals, purchasing their first home is a monumental step which they look forward to for years. Homes are one of the most valuable assets individuals purchase within their lifetime. In the current housing market, reaching this milestone is becoming more and more difficult for individuals. Adequate and affordable housing is scarce. This is not just an issue plaguing the United States, but it is an issue many metro areas worldwide currently face.

Changing Climate, Changing Rights: How The Unitedstates Can Learn From The Emergence Of The Right To A Healthy Environment In Colombia And India, Jasmine Furin

Georgia Journal of International & Comparative Law

The right to a healthy environment embodies the idea that environmental protection and the enjoyment of human rights are connected. As this concept has developed, authorities around the world have described the contours of this right in various ways. The right to a healthy environment generally includes a safe climate, clean air, healthy ecosystems, biodiversity, access to safe water, healthy and sustainable food, non-toxic environments, access to information, public participation in decision-making, and access to justice. Thus, the right to a healthy environment is unique because it provides individuals with a more complete set of protections against environmental harms compared …

The Right To A Fair Trial In International Law And African Experiences, John Mukum Mbaku

Georgia Journal of International & Comparative Law

A country’s system for the administration of justice significantly impacts the rights and lives of its inhabitants, which may include citizens, nationals, and temporary residents (e.g., refugees, asylum seekers, religious pilgrims, and other travelers in transit). A robust and fair system for the administration of justice is an important element of the rule of law and serves as a guard against impunity in general and the abuse of human rights and fundamental freedoms in particular. Such a robust system for the administration of justice is especially important for the protection of the rights of vulnerable groups (e.g., women and girls, …

Table Of Contents, Gjicl Journal

Georgia Journal of International & Comparative Law

No abstract provided.

Foreword, Régis Bismuth, Anne-Catherine Muller, Anne-Claire Rouaud, Steven L. Schwarcz

Law and Contemporary Problems

No abstract provided.

Trump’S Venezuela Legal Defense Restson Youngstown ‘Gloss’ Idea, Frank Rosenblatt

Journal Articles

President Donald Trump’s decision to invade Venezuela and oust its president puts a spotlight on a USSupreme Court case that famously blocked President Harry Truman’s seizure of American steel mills. Thecase highlights the tension among presidential aggrandizement, Congress’s war powers, and the (oftensecret) legal opinions undergirding a president’s ambitions

Vol. 70, No. 1 (January 12, 2026)

Indiana Law Annotated

No abstract provided.

Ndls Communicator: Week Of 01.12.26, Notre Dame Law School

NDLS Communicator

The Latest News

• A Global Ripple Effect: Notre Dame Exoneration Justice Clinic Expands Access to Justice in Kenya with the Strathmore Legal Aid Caravan

Alumni News

• Judge Elizabeth F. Tavitas ’85 B.A., ’90 J.D.

Student News

• Tyson Weeks
• John Blatt, Chloe Finn, and Grace Yeo
• Dennis Wieboldt

Faculty Briefs

• Paolo Carozza
• Kari Gallagher
• Lloyd Mayer
• Roger Alford
• Dian Desierto
• Mary Ellen O'Connell
• Kevin Murphy

Events

• Faculty Colloquium - Christian Burset, The Origins of Statutory Stare Decisis
• Faculty Meeting
• Walk the Walk Week

Around the Watercooler

• Pictures from the Retirement Party for Debbie Weiss

Mmu: 01/12/26-01/18/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Stealth Consolidation: Healthcare’S Process Of Quietly Dodging Antitrust Enforcement, Nathan Rush

Washington and Lee Law Review Online

The healthcare industry has become highly concentrated due to increased rates of consolidation. Mergers and acquisitions among healthcare providers have become extremely common, making dominant hospital systems the norm. When healthcare provider markets are highly concentrated, competition deteriorates, leaving patients to suffer the consequences: higher prices for lower quality care.

The federal antitrust agencies tasked with preserving competition have failed to combat the consolidation trends that are plaguing the healthcare industry. Vertical consolidation between hospitals and physician groups has especially gone unchecked. The Hart-Scott-Rodino Act, a federal antitrust law, requires merging parties to give the agencies pre-merger notice. This law, …

Rules Of The Game: Lessons From Sports To Understand Antitrust Law’S Fairness Foundations, Tara Pincock, Daniel A. Hanley

Washington and Lee Law Review Online

Traditionally, courts and practitioners assert that the antitrust laws are simply about protecting competition, not competitors. In essence, these parties perceive competition to be inherently desirable, rather than recognizing that it can be beneficial or harmful depending on its intensity and scope. As a result of this mistaken belief, courts hold that certain conduct is legal under the antitrust laws simply because they determine it to be procompetitive, while conduct deemed anticompetitive is condemned. Courts seldom provide definitive boundaries to this pro-competition trope and instead assert it as if it were a well-established truism and universal societal good.

Without details …

Current Tax Reading, Jinyan Li, David Duff, Alan Macnaughton, Michael Veall

Articles & Book Chapters

No abstract provided.

Ai Arbitrators: Bridging Human And Machine Judgment In Construction Law, Mari Maloul

Cardozo Journal of Conflict Resolution (CJCR) Blog

In an industry guided by complex contracts, intense regulations, and narrow margins, disputes within construction are bound to occur. Internationally, arbitration has long established itself as a go-to method for resolving these disputes. On November 3, 2025, the American Arbitration Association’s International Centre for Dispute Resolution (“AAA-ICDR”) launched an AI-powered arbitrator tool which will revolutionize the future of construction arbitration. This machine learning system was created to recreate the human-like decision making process, yet still emphasizes the importance of human input as human arbitrators remain on board for reviewing final drafts. The AI arbitrator assesses claims “emulate[ing] human judgment,” provide …

Delegation And Agency Deference In Financial Regulation: A Comparative Eu-U.S. Perspective, Rosa M. Lastra, Patricia A. Mccoy

Law and Contemporary Problems

No abstract provided.

Systemic Risk And Macroprudential Regulation, Seraina Grünewald, Jeremy Kress

Law and Contemporary Problems

No abstract provided.

An Ocean Apart: The Regulation Of Financial Technology In The United States And European Union, Dan Awrey, Pauline Pailler

Law and Contemporary Problems

No abstract provided.

The Regulation Of Technological Innovation In Financial Services: A Comparative Approach With Respect To Digital Assets And Artificial Intelligence, Howell E. Jackson, Katja Langenbucher

Law and Contemporary Problems

No abstract provided.

The Divergence Of Mandatory Climate Disclosure In The United States And European Union, Alessio M. Pacces, David Zaring

Law and Contemporary Problems

No abstract provided.

Sustainability Assurance, Luca Enriques, Alessandro Romano, Andrew F. Tuch

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Fda Policy Shift On Clinical Efficacy Study Requirements For Monoclonal Antibody Biosimilars, Rileigh Rahrig, Madilyn Paphanchith, Allie Honigford, Daniella Egbujor, Haley Brown, Jenny Magana Figueroa, Connor Dains, Brenna Hissong, Kyle W. Parker

Pharmacy and Wellness Review

Biologic products are widely used in the treatment of various disease states, including rheumatoid arthritis, inflammatory bowel disease, cancers, and genetic diseases. These products are derived from proteins and genes produced by living organisms and are subsequently used to treat specific disease states. Due to the complexity of biological products, the costs of research and production are high. Currently, the United States approval pathway requires extensive testing for biologics to be designated as biosimilars, meaning there are no clinically meaningful differences in safety or purity of their active components. These required tests can be redundant, as biosimilars are developed using …

Faith-Based Organizations In Foreign Aid (Forfa) Codebook, Susan Turner Haynes

Faculty Works

This codebook was designed to guide undergraduate students in coding the faith status of USAID Grant recipients and is being made available to facilitate further use in the classroom. Please contact the author for any inquiries ([email protected]).

Usaid Grant Recipient Data Fy2002-2025, Susan Turner Haynes

Faculty Works

Grant recipient data from USAID from fiscal years 2002-2025.

Ethics Of Artificial Intelligence For Lawyers: Shall We Play A Game? The Rise Of Artificial Intelligence And The First Cases, Cliff Mckinney

Arkansas Law Notes

In the 1983 movie WarGames, a young computer hacker accidentally accesses a United States military supercomputer programmed to run nuclear war simulations. Four decades after WarGames, lawyers are now facing similar challenges of learning to use and communicate with artificial intelligence––hopefully without destroying the world. Artificial intelligence tools, such as ChatGPT, Claude, and Gemini, are quickly being incorporated into legal practice. These systems can draft documents, perform analysis, and support other legal tasks. While lawyers adjust to these new technologies, courts and regulatory authorities are actively developing appropriate frameworks to guide and supervise the use of these tools within the …

Forever Un-Wild: How The Forever Wild Clause “Locks Up” New York’S Closed Correctional Facilities, William Carswell

Pace Environmental Law Review

Article XIV of the New York State Constitution, better known as the “Forever Wild Clause,” enshrines a conservationist ideal into law. The crux of article XIV prohibits the leasing, selling, or exchanging of state-owned land within New York’s Forest Preserve to private entities. Since its inception, this mandate has dictated the State’s approach to management of its Forest Preserve. Whenever New York decides to excise a piece of its Forest Preserve, the cumbersome yet necessary constitutional amendment process is triggered. Renewed attention to this legal requirement is peaking. Since 2009, five former Department of Corrections and Community Supervision sites located …

Surf And Turf: How Litigation Against Concentrated Animal Feeding Operations Can Inform Regulation Of The Aquaculture Industry, Amanda Kapitula

Pace Environmental Law Review

Industrial agriculture dominates the U.S. agricultural industry. On land, animals are stuffed into factory-like facilities, called concentrated animal feeding operations (“CAFOs”), where they are raised to maximize the output of food products. In the process, they produce vast amounts of waste, contaminating surrounding air and water resources. Increasingly, factory farms are making their way into the water as the fishing industry shifts from wild-catch systems to aquaculture operations, or the raising of fish for consumption. While aquaculture has the potential to be a more sustainable option than both wild-catch and animal agriculture, concentrated aquatic animal production facilities (“CAAPFs”) also have …

Climate Preemption And Fossil Fuel Entrenchment, Vincent Nolette

Pace Environmental Law Review

Mitigating the worst impacts of climate change demands a rapid reduction in greenhouse gas emissions and a transition to renewable, low-carbon sources of energy. This requires building thousands of gigawatts of clean energy at an unprecedented rate and expeditiously retiring existing fossil fuel infrastructure. Yet both parts of this task have been obstructed by state legislative efforts over the last decade—particularly in Republican-led states—to block local governments from reducing greenhouse gas emissions while legally mandating continued fossil fuel reliance. These efforts are accomplished through state climate preemption laws. Framed in neutral or positive terms like “energy choice,” the actual effect …