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The West And The Rest: Misplaced Blame Of Underdevelopment, Rana R. Abadeer

Theses and Dissertations

This paper will discuss the link between the history of colonialism and the genesis and evolution of International Law and in turn the role played by this relationship to maintain it, directly or indirectly, to our current day. The blame of underdevelopment is often misplaced, and its responsibility falls on the Global South for their inability to follow the same momentum of development as the Global North. Nevertheless, the aim of this paper is to prove that this blame of underdevelopment given its original reasons should be placed elsewhere. With that, the discussion of where the blame should be is …

Ndls Communicator: Week Of 01.05.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Welcomes Global Visitors for Spring 2026

Faculty Briefs

• Mary Ellen O'Connell
• Jimmy Gurulé
• Jeff Pojanowski

Events

• Retirement Party for Debbie Weiss

Around the Watercooler

• Christopher O'Byrne, Research Librarian resigns

Staff Spot Awards

• Nominations open now through March 10, 2026

Exploring The Role Of Occupational Therapy In The Delivery Of Trauma-Informed Services To Hospital-Based Clients Ot, Frank Czuba

Journal of Applied Disciplines

Hospitalization can traumatize clients and impact overall health outcomes, leading to increased hospital readmission rates and resulting in a negative impact for both clients and providers. Limited information exists regarding how hospital-based occupational therapists evaluate and address trauma, even though incorporating trauma-informed principles into professional practice can enhance the occupational therapy process. The study explored the comprehension and perceived significance of trauma-informed tenets among occupational therapists delivering services in hospital-based settings. A quantitative research study with an exploratory design was implemented to explore how occupational therapists (OT) understand and utilize trauma-informed practices with their clients in a hospital setting. An …

Time As A Constitutional Constraint: Resolving The Circuit Split On Prolonged Fourth Amendment, Ian Seabrooks

Washington Law Review Online

The Fourth Amendment of the U.S. Constitution states, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. . . .” Some circuits, like the Ninth and D.C. Circuits, have interpreted the Fourth Amendment’s reasonableness standard to apply beyond just the initial seizure of property but also to include the continued retention of the seized property. Other circuits, such as the First, Second, Sixth, Seventh, and Eleventh Circuits, have read the reasonableness standard more narrowly and interpreted this requirement to pertain only to the original seizure. …

Nova Law Review Full Issue Volume 50, Issue 1

Nova Law Review

No abstract provided.

Botox And Blurred Lines: Why Florida's Med Spa Boom Needs A California Reality Check, Madeline Broderick

Nova Law Review

No abstract provided.

The Expense Of Efficiency: Florida's Civil Procedure Amendments And The Burden On Plaintiffs, Pamela Delgado

Nova Law Review

No abstract provided.

Better Off In The Big Leagues: Why Juveniles Who Get Direct Filed Have More Rights When Analyzed From A Constitutional Standpoint, Lexi Kest

Nova Law Review

No abstract provided.

Untangling Ai Openness, Parth Nobel, Alan Z. Rozenshtein, Chinmayi Sharma

Faculty Scholarship

The debate over AI openness—whether to make components of an artificial intelligence system available for public inspection and modification—forces policymakers to balance innovation, democratized access, safety and national security. By inviting startups and researchers into the fold, it enables independent oversight and inclusive collaboration. But technology giants can also use it to entrench their own power, while adversaries can use it to shortcut years and billions of dollars in building systems, like China’s Deepseek-R1, that rival our own. How we govern AI openness today will shape the future of AI and America’s role in it.   Policymakers and scholars grasp the …

Library E-Book Licensing And State Law Reform, Kincaid Brown

Law Librarian Scholarship

Libraries don’t “buy” most e-books the way they buy print books; they license them. That reality is at the crossroads of budgetary constraints and patron satisfaction in modern libraries. With print, a library typically pays once, owns the copy, and lends it until it wears out. With e-books, publishers and intermediaries, like platforms such as OverDrive, commonly offer time-limited or loan-limit-ed terms (for example, a license that expires after a set number of checkouts or after a set period), can impose embargoes, and can set prices far above consumer retail. Libraries argue these terms frustrate their public mission and make …

De Novo Review For Asylum At The Circuit Court Level: Comparing A Stringent Standard Of Review For Asylum Seekers In The U.S. To The European Court Of Human Rights’ Standard, Dani Gómez

Human Rights Brief

On March 14, 2022, an immigration judge (IJ) denied the asylum applications of Douglas Humberto Urias-Orellana, Sayra Iliana Gamez-Mejia, and their child, ordering them removed to El Salvador. Urias-Orellana and his family had been placed in removal proceedings with

the Executive Office of Immigration Review (EOIR) and filed applications for asylum.  At the individual merits hearing, the IJ ruled that the threats were “insufficiently menacing” to constitute persecution. The Board of Immigration Appeals (BIA) affirmed. On further appeal, the First Circuit denied review, holding that courts may not re-evaluate the conclusions drawn from the factual findings de novo unless “any …

Salay V. Slovakia: A Contemporary Case On Educational Discrimination Against The Romani People, Sara Apostol

Human Rights Brief

In February of 2025, the European Court of Human Rights (ECtHR) ruled in favor of a Roma student who brought an anti-discrimination case against the Slovak government for discriminatory educational placement based on race. The case focused on an unjust system that placed Roma children in classes intended for individuals with disabilities.

Nondo V. Tanzania: Afchpr Signals Its Resolve On Democratic Preservation, Maggie Titus

Human Rights Brief

On September 15, 2025, the African Court on Human and Peoples’ Rights (AfCHPR) reopened the pleadings in Abdul Omary Nondo & Others v. United Republic of Tanzania. Applicants Abdul Omary Nondo, Deusdedit Valentine Rweyemamu, and Paul Revocatus Kaunda each filed separate applications against Tanzania challenging alleged conflicts between the Tanzania’s Constitution and its obligations under the African Charter on Human and Peoples’ Rights (the Charter), the Universal Declaration of Human Rights (UDHR), and the International Covenant on Civil and Political Rights (ICCPR). All three applications were filed on November 19, 2020, and served to the State on December 3, …

Restoring The Organization For The Security And Cooperation In Europe’S Role In Human Rights And Security After Russian Invasion, Roman Nekoliak

Human Rights Brief

This Article diagnoses a systemic erosion of rights-based multilateralism driven by geopolitical realignment, reduced leadership by traditional human rights defenders, the rise of authoritarian coalitions, and the growth of transactional and securitized diplomacy. This Article argues that revitalizing the Organization for the Security and Co-operation in Europe (OSCE) around a rights-centered, cross-dimensional concept of security is essential to restoring both regional stability and the credibility of international human rights commitments. It places the war in Ukraine within broader patterns of democratic backsliding, institutional paralysis, and the rise of authoritarian governance, demonstrating how domestic repression and interstate aggression mutually reinforce one …

The Supreme Court And Public Law In 2023, Kate Glover Berger

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

This article discusses the Supreme Court of Canada’s public law judgments in 2023. It was the basis for the opening address at the 27th Annual Osgoode Hall Law School Constitutional Cases Conference. In the Conference’s tradition, this annual review is divided into two parts. The first part (Part II of the article, following Part I: Introduction) presents institutional and quantitative data about the Court’s work in 2023. It focuses on the composition of the Court, the historically low number of judgments released in 2023, rates of agreement and dissent, and the dominance of public law on the Court’s docket in …

Safety Valves In Charter Analysis:A Quick Fix Rather Than A Structural Solution, Jamie Chai Yun Liew

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

A safety valve is a flap, lid or device that acts as a fail-safe. For those unfortunate to have experienced backflow into your home, a safety valve installed in a sewer line permits wastewater to exit while blocking unwanted backflow. It is a reliable and indispensable tool in this context. The legal world has adopted this term in constitutional analyses. This paper examines whether legal safety valves do provide relief. First, the paper provides an overview of how safety valves have been installed in the Supreme Court of Canada’s legal analyses. Then the paper provides a sober discussion of how …

Always Elsewhere: Constitutional Rights In Ccr, Audrey Macklin, Josh Blum

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

The Canada-United States Safe Third Country Agreement (“STCA”) requires refugee claimants travelling overland to seek protection in the first country of arrival as between Canada and the United States. The Federal Court determined that the United States’ detention practices did not comply with minimum human rights standards, such that Canada breached section 7 obligations to the applicant refugee claimants by deflecting them back to the United States. The Federal Court of Appeal overturned the decision, and the Supreme Court of Canada dismissed the appeal. The authors review the CCR judgment and present it as a cautionary tale about how a …

A Necessary Realignment:Section 7 Engagement In Canadian Council For Refugees, Jacqueline Swaisland, Alison Imrie

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

This paper explains how the Supreme Court of Canada’s decision in Canadian Council for Refugees repudiates decades of section 7 jurisprudence in the immigration law context and mandates that it be realigned with the section 7 jurisprudence outside of it. The paper sets out how Courts in the immigration context continue to apply decades-old jurisprudence which unilaterally declared that section 7 cannot be engaged by a person’s removal from Canada. It also explains how the Courts incorporated a remoteness barrier into the causation analysis which further prevented section 7 scrutiny of government action in the immigration context in all but …

A New Justification For Section 12 Hypotheticals Andtwo Rules For Constructing Them, Lisa Kerr, Michael Perlin

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

The use of the reasonable hypothetical device in the section 12 context has been a source of unceasing controversy. The Supreme Court has tried to lay the debate to rest; but we argue that there are convincing and practical reasons for the use of hypotheticals which the Court could do more to explain, as a way to persuade skeptics. These reasons are tied to the realities of the criminal justice system and how mandatory penalties can shape penal outcomes in covert ways, apart from, and in addition to, delivering cruel and unusual punishment to individuals. Along with articulating this new …

Murray-Hall V. Québec (Attorney General):Reconciling The Criminal Law Power With Cooperative Federalism, Yashoda Ranganathan, Hera Evans

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Murray-Hall v. Québec (Attorney General) provides needed certainty and coherence regarding the scope of the criminal law power. Murray-Hall reconciles the criminal law power with the principle of cooperative federalism which favours giving effect to legislation of the provinces and federal government enacted within their respective (potentially overlapping) areas of legislative competence. An expansive interpretation of the criminal law power could upset the balance between federal and provincial powers articulated in section 91 and section 92 of the Constitution Act, 1867. Murray-Hall articulates three principles that limit the scope of the criminal law power, helping to reconcile the criminal law …

Prescribing Plenary Powers:The Evolution And Intersection Of Criminal Andhealth Jurisdiction In Canadian Federalism, Benjamin Perryman

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Using the Supreme Court of Canada’s recent decision in Murray-Hall v. Québec (Attorney General) as a focal point, this paper tracks the evolution and intersection of the federal criminal law power and the provincial health law power in Canadian federalism cases. Part II of the paper examines existing methods used to prescribe plenary powers, including interpretative narrowing (formalism), expansion of concurrent federalism (double aspect), and purpose review (colourability). The paper shows that the Supreme Court of Canada has applied these prescriptions to the federal criminal law power but rarely to the provincial health law power. Part III looks around the …

The Legality Of Incorporating Provincial Law Into A Criminal Offence, Colton Fehr

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

The drafters of the 1867 Constitution Act were unmoved by the argument that the substantive criminal law ought to be crafted by each individual province as a means to preserve regional values. They instead assigned the criminal law power to the federal government to better promote legal stability and clarity when the state attempts to deprive a citizen of their liberty. A recently rejuvenated practice of incorporating provincial offences within the definition of criminal offences unfortunately ignores the rationale underlying this division of authority. Identifying this inconsistency would have proven useful in Murray-Hall v. Québec (Attorney General) as a more …

Understanding Public Support For Courts In Canada, Erin Crandall, Andrea Lawlor

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Do Canadian citizens support their courts, and what factors influence that support? While it is well recognized that public confidence in the judicial branch is crucial for its effective functioning, how to measure and analyze this confidence is debated. This article explores how social scientists conceptualize and study trust and perceptions of legitimacy in courts. Using data from the Canada Election Studies spanning 2008 to 2021 and an original survey conducted in 2023, this article provides an overview of the current state of trust in Canadian courts, the known correlates of confidence, and recommendations for maintaining public support. We find …

From Margarine To Cannabis:The Ongoing Evolution Of The Criminal Law Power, Asha Kaushal, Robert Danay

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

This paper examines the Supreme Court of Canada’s decision in Murray-Hall v. Quebéc (Attorney General), upholding Québec’s restrictions on personal cultivation and possession of cannabis despite federal legalization. This decision is contextualized within a broader empirical analysis of the Supreme Court’s jurisprudence on the criminal law power under section 91(27) of the Constitution Act, 1867. By systematically reviewing Supreme Court cases from the Margarine Reference to Murray-Hall, the authors identify two trends: (1) increasing judicial deference to provincial legislative jurisdiction in criminal law matters since the enactment of the Charter, and (2) a continued judicial willingness to limit federal jurisdiction …

Perspective, And Perspectives, On Police Powers, Steve Coughlan

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

R. v. Zacharias is a complex, and on one important issue inconclusive, decision about the extent of police powers and the balance between individual rights and societal interests. The case decided that the “reasonable grounds” justifying a warrantless arrest could not include any information which had been obtained unlawfully. This rule had been long-established with regard to search warrants but had been the subject of conflicting decisions in lower courts in the case of arrests. Zacharias leaves no doubt that arrests which occur due to prior Charter breaches will be a further breach — a “consequential” breach — of the …

Equality Rights And The Canada-U.S. Safe Third Country Agreement, Sharryn J. Aiken, Colin Grey

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Under the Canada-United States Safe Third Country Agreement (“STCA”), Canadian immigration officials return refugee protection claimants arriving from the United States to have their claims determined in that country, and vice versa. This paper tries to tease out the equality rights arguments under section 15 of the Canadian Charter of Rights and Freedoms likely to be advanced in an ongoing constitutional challenge to the STCA and its implementing regulations. The paper briefly explores why equality rights challenges have often been given short shrift in cases involving “migration control”. We argue such cursory treatment is inappropriate in the challenge to the …

Poverty & Period Products: Achieving Menstrual And Abortion Justice Through Public Benefit Programs, Allyson Crays

American University Journal of Gender, Social Policy & the Law

Low-income people need and deserve access to quality menstrual products through public benefit programs as a public health and reproductive justice issue. Whether someone is managing their monthly period, a medical abortion, or post-pregnancy discharge, menstrual products are essential to ensure that person’s safety and bodily

autonomy. Low-income people on public benefit programs who menstruate face a variety of stigmas and barriers, and these programs are in a unique position to increase access to menstrual products to work toward menstrual and abortion justice. This Article outlines the history of public benefit programs and the stigmas accompanying them. It also details …

From Dred Scott To Barbara: Birthright Citizenship, Racial Exclusion, And The Enduring Promise Of The Fourteenth Amendment, Jenna A. Milbrodt

CMC Senior Theses

The Fourteenth Amendment’s Citizenship Clause has guaranteed birthright citizenship to all children born in the United States for hundreds of years. Yet, President Trump’s January 20, 2025, executive order threatens to strip that right from children born to parents unlawfully in the country and temporary visitors. This order, if permitted to stand, would change the definition of US citizenship and render countless children stateless persons without citizenship rights. This paper examines whether birthright citizenship in the US, properly understood, extends to children of unlawful immigrants and temporary visitors. To answer this question, three time periods of change in citizenship rights …

Upr Report Submissions, Sarah Dávila A., Lauren E. Bartlett

Faculty White Papers

No abstract provided.

Not Eu Enough: The Eu's Proposed Multilateral Investment Court As An Infeasible Replacement For The Intra-Eu Isds Mechanism After The Achmea Decision, Rohit Rakhit

Case Western Reserve Journal of International Law

In the landmark case Slovak Republic v. Achmea BV, the European Union Court of Justice (CJEU) invalidated Article 8 of the 1992 Dutch-Slovak bilateral investment treaty (BIT), holding that it conflicted with EU law. Article 8 included a provision which mandated that any party initiating an investor-state dispute governed under the Dutch-Slovak BIT bring the dispute in front of an arbitration tribunal. Since this form of investor-state dispute resolution was customary in the EU, states and investors became concerned about what the future of investment arbitration would look like in the EU. As a solution, the EU proposed the implementation …