Digital Commons Network^™

The Use Of Less-Lethal Force By Law Enforcement: A Legal Analysis Of Civil Liability Cases In The Use Of Bean Bags And Rubber Bullets In Policing, Kenneth Lomenzo, Joshua Rosenbaum, Nathan Cronin, Mason Meyers, Akramul Hasan

Journal of Criminal Justice and Law

The use of less-lethal weapons such as bean bag rounds and rubber bullets has become a prominent and controversial mark of contemporary policing. Although these munitions are designed to incapacitate without resorting to deadly force, their deployment has resulted in serious injuries, fatalities, and a growing body of litigation. This article examines how federal appellate courts have addressed such cases through a systematic legal content analysis of 16 decisions issued between 1999 and 2025. Each case involved a claim under 42 U.S.C. § 1983 alleging excessive force in violation of the Fourth Amendment. The analysis considers judicial reasoning, liability outcomes, …

Changing Perspectives In California: A Transformative Culture Exchange For Stockholm University And Sonoma State University Criminology Students, Bryan Burton, Sofie Hellmer, Vida Wåhlmark, Hope Ortiz, Diana Grant

csuglobalaction

From June 13 to 20, 2024, Sonoma State University (SSU) hosted 16 criminology students from Stockholm University (SU) for an educational and cultural exchange. Five SSU undergraduate “student ambassadors” participated, representing California and SSU while assisting the Swedish students. Surveys indicated the exchange was a meaningful academic and cultural experience for all participants. The Swedish students deepened their understanding of the U.S. criminal justice system through presentations by criminologists and discussions with practitioners on issues such as policing and prison reform. They also gained broader perspectives on California and the United States through interactions with SSU ambassadors and visits to …

W(H)Ither Regulation? Hither To The Tax System, Tracey M. Roberts

Pace Environmental Law Review

In a series of cases decided in the last three years, four delivered in 2024 alone, the U.S. Supreme Court has directed a withering gaze toward the federal administrative state. In West Virginia v. EPA, the Court both curtailed Executive Branch regulatory authority and mandated that Congress draft with greater statutory clarity and specificity under their recently developed major questions doctrine. Under Ohio v. EPA, the Court placed on administrative agencies the burden of extraordinary vigilance in addressing comments as part of the regulatory promulgation process. In Loper Bright v. Raimondo, the Court overturned Natural Resource Defense Council v. Chevron, …

Empathy On Trial: The Role Of Neuroscience And Communication In Sexual Violence Jurisprudence, Samantha M. Gonzales

Honors Program Theses and Research Projects

Sexual violence remains a contentious public safety and legal challenge, which has become further complicated by the tension between supporting victim-survivors and safeguarding the falsely accused. False accusations, though still well below the numbers of rightly accused, are experiencing a rise in popularity given recent (past ten years) political climates. This thesis examines how communication theory, neuroscience, and law intersect in molding perceptions of truth, culpability, and justice in sexual violence cases; while also examining the intersectionality of those fields in addressing the candor of allegations, the rate of recidivism, and quality of public health and safety. The most prominent …

Death Before Breath: Courts Should Add De–Escalation And Proportionality To The Graham Factors, Nakyshia Fralin

University of Miami Race & Social Justice Law Review

This paper examines Barnes v. Felix, a case recently before the Supreme Court, through a comparative analysis of various circuit courts’ applications of the Graham factors in use–of–force evaluations. Beginning with a historical overview of policing, the paper revisits the factual background of the case before delving into the Fifth Circuit’s analysis, known as the Moment–of–Threat doctrine. It then contrasts this approach with the broader “totality of the circumstances” approach, highlighting the differing judicial interpretations. Building upon these established frameworks, the paper proposes two additional factors aimed at promoting human life and safety. By introducing these elements, the analysis seeks …

Mmu: 11/24/25-11/30/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Vol. 69, No. 13 (November 24, 2025)

Indiana Law Annotated

No abstract provided.

Being An Art Lawyer, Cardozo Fame Center, Cardozo Art Law Society, Emily Balter, Fatima Ali, Virginia Mann, Ann-Christine Stepien

2025–2026 Flyers

No abstract provided.

Deterring Prison Versus Police Civil Rights Violations: Legal Challenges, Public Policy, And Institutional Failures, Natalie Kemper

University of Miami Race & Social Justice Law Review

The status of incarcerated individuals falls categorically below that of non-incarcerated individuals in our society, yet most would agree they deserve protection from governmental abuses of power. This Note evaluates the current legal, institutional, political, and societal circumstances that contribute to the immense difficulties faced by individuals alleging civil rights violations under the Eighth Amendment, primarily through the avenue of U.S.C. § 1983. Due to similarities in civil rights claims, this Note compares the barriers faced by incarcerated plaintiffs to those encountered in police misconduct claims, highlighting key discrepancies that undermine accountability and deterrence.

A primary barrier is the significantly …

From Fairy Tales To Fascist Nightmares: Countering Ron Desantis’ Florida, Ronald Mize, Et. Al

University of Miami Race & Social Justice Law Review

The recent spate of anti–‘woke’, don’t say gay, anti–trans, and anti–immigrant legislation, led by Florida Governor Ron DeSantis, puts the sunshine state in the unenviable position of serving as the nation’s test case for Republicans’ neofascist agendas. This paper explores the exclusionary, targeting, and banning aspects of these culture war assaults on public education and outgroups. The specific banning of Critical Race Theory is discussed alongside cis–heteronormative efforts to target queer and trans communities, as well as DeSantis’ executive memoranda of transporting those at the border to sanctuary cities and S.B. 1718 aimed at excluding immigrant communities from public life …

The Power Of Public Vision In Adr, Courtney Verbick

Cardozo Journal of Conflict Resolution (CJCR) Blog

Mediation, a form of alternative dispute resolution (“ADR”), resolves disputes outside of court with a neutral third party that facilitates negotiations. Its confidentiality promotes fairness, neutrality, and candor. This is appealing to parties when litigation could result in bad publicity, and is common in labor disputes, especially during union strikes, where open dialogue is essential.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on November 24, 2025

Ndls Communicator: Week Of 11.24.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Four Notre Dame faculty invested as members of American Academy of Sciences and Letters
• Congratulations to Professor Derek Muller on being honored as a member of this year’s Notre Dame All-Faculty Team during Saturday's Notre Dame football game.
• Chief Judge William H. Pryor, Jr., delivers the 2025 Rice-Hasson Distinguished Lecture
• Bishop Kevin. C. Rhoades speaks to the law school about the Catholic Church's teaching on immigration and religious freedom

Alumni News

• Notre Dame Alumna Carmen Haydeé López Runs for Congress in Honduras

Faculty Briefs

• Rick Garnett
• Mary Ellen O'Connell
• Paolo Carozza
• Fr. John Paul Kimes
• Haley Proctor …

The Next Frontier Of Environmental Advocacy, Center For Rights And Justice (Crj), Alexander Reinert, Wilson Dunlavey, Raya Salter, Dr. Maria Antonia Tigre

2025 Event Invitations

The Center for Rights and Justice invites you to hear from three experts on environmental litigation and policy in a panel discussion moderated by Professor Alex Reinert. The discussion will be far-ranging, touching on domestic and international litigation, environmental policy, and climate justice.

• Wilson Dunlavey, a partner at the leading class action firm in the country, represents government entities, consumers, small businesses, workers, fishers, and residents in complex litigation against fossil fuel companies, automobile manufacturers, and other polluters.
  
  
• Raya Salter is the Founder and Executive Director of the Energy Justice Law & Policy Center and is an attorney, consultant, educator …

Between Sovereignty And Commons: Legal Frameworks For Digital Data Governance In India, Anushka Sachan

Journal of Law and Public Policy

This legislative note critically examines the Indian Digital Personal Data Protection (DPDP) Act, 2023, with a focus on its provisions that imply data sovereignty and their implications for the governance of digital commons. Drawing on the seminal works on data commons, the note explores the conceptual and practical tensions between centralised data sovereignty, participatory, and decentralised models of data stewardship. While data sovereignty is often justified on grounds of national security and control, it may inadvertently hinder the development of inclusive and accountable frameworks for managing data as a public good.

Revisiting The Meaning Of 'Forests'—In Re: T.N. Godavarman Thirumulpad V Uoi, Gayathri D. Naik

Journal of Law and Public Policy

This Case Comment reflects on the contributions of the judiciary to forest governance and management through the use of continuous mandamus in the landmark case T.N. Godavarman v UoI. It offers insights into these contributions, particularly an expansion of the understanding of ‘forests’, by examining the latest judicial decision in the Godavarman series, which was on the protection of sacred groves in Rajasthan. The expansion of the definition of ‘forests’ to include sacred groves can help accord the protection and ensure the preservation of these small forest lands with rich biodiversity and religious and cultural significance.

Immigration And The U.S. Economy Under Obama And Trump, Eliz Gevorgian

Political Science Student Research

This paper examines the economic effects of the United States' immigration policy under President Barack Obama and President Donald Trump. Between 2009 and 2017, the Obama administration introduced programs such as Deferred Action for Childhood Arrivals (DACA) and expanded access to student and work visas. These actions coincided with steady GDP growth averaging about 2 percent per year and a decline in unemployment from 9.9 percent in 2009 to 4.7 percent in 2016. The Trump administration, in office from 2017 to 2021, implemented more restrictive immigration measures, including the 2017 travel ban, reduced refugee admissions, increased H1B visa scrutiny, and …

An Essay On Trailblazing With Service Animals Langer, Pilot, Bowie, And Izzie: Preserving Non-Partisan Public Health And The Law, Gary C. Norman

Journal of Law and Health

A direct correlation exists among humans, their animals, and human health and wellness. This article will focus concisely on law students with disabilities and lawyers with disabilities and how they can be empowered to be trailblazers while remaining healthy and well. Salutogenic Model should be optimized by lawyers with disabilities working at the intersection of animal law, disability law, and public health law. Service animals have positive and salubrious impacts upon their handlers in several ways, including psychosocial health and wellbeing. The Grand Architect (or in my Cherokee tradition, "great spirit") continuously partners me with complicated but magnificent dog partners …

Addressing Health-Related Social Needs With Innovative Healthcare Spending, Kelly Naranjo Ms Ccrc, Eric Rochman Mph, Allyson Schiff Ba, Dorella Walters Mpa, Andrea Zaldivar Ed.D, Ms, Anp

Journal of Law and Health

Key objectives: To address the social determinants of health domains "social and community context" and "neighborhood and built environment" via Medically Tailored Meals, a nutrition intervention that includes home delivery, medical nutrition therapy and education, and frozen medically tailored meals provided by the non-profit partner. This intervention targeted Medicaid members exhibiting high healthcare utilization in conjunction with each individual's risk of developing higher morbidity and mortality of existing disease due to co-existing food and nutrition insecurity. The populations served include people living with Type 2 Diabetes, Hypertension, Cardiovascular Disease, Cancer, HIV/AIDS, and End-Stage Renal Disease, among other conditions, whose burden …

Access To Healthcare For Irregular Migrants, Jessica Dykes

Journal of Law and Health

Access to Healthcare for Irregular Migrants is an assessment of the right to life, security of the person, and non-discrimination as viewed through the lens of Nell Toussaint's legal battle. It tells the compelling story of an irregular migrant's battle for access to health care. Highlighting a gap in the Canadian healthcare system, this piece raises valuable questions about why that gap exists. Toussaint's experiences with multiple levels of the legal system, both in Canada and internationally, are included. It tells the story from when Ms. Toussaint entered Canada to the present; wherein the matter remains before the court.

This …

Islamic Political Anti-Theology: A Discursive Practice Of Contingency Beyond Sovereign Politics, Jason Andrus

Electronic Theses and Dissertations

Contributing to the field of political theology from outside the European Christian tradition, this dissertation develops a description of the distinct logics that Islamic theology generates from its metaphysical assumptions. These logics in turn make possible a discourse of political anti-theology where politics operates through contingency rather than sovereignty. Political theology scholarship has excavated how modern politics derives from secularized Christian theological concepts—particularly transcendent sovereignty. This study demonstrates that Islamic theology's absolute insistence on divine transcendence (tawhid) produces something fundamentally different: a politics that renders sovereign authority conceptually impossible. I identify this discursive practice of political anti-theology through …

Frameworks For Repatriation: Moving Beyond Nagpra, Ashley Joplin

Electronic Theses and Dissertations

Museums and similar federally funded educational institutions have been collecting human remains since the Enlightenment era in the 1800s. Since then, these institutions have developed various collections practices that have encouraged the collection of human remains. Often unethical in nature, these collections have harmed historically marginalized communities, such as Indigenous and African American communities. While the ethics of collecting have been under scrutiny for decades, it was not until 1990 under the Native American Graves Protection and Repatriation Act (NAGPRA) that mainstream attention was drawn to the ethics of collections practices.

This thesis explores these collections practices and the repatriation …

Did The Dodgers Ruin Baseball? Why Mlb’S Antitrust Exemption Stands In The Way Of A More Competitive League, Jack Ross

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

After the Los Angeles Dodgers’ series win over the Milwaukee Brewers in the National League Championship Series, Dodgers manager, Dave Roberts, remembered that, “[b]efore the season started, they said, ‘The Dodgers are ruining baseball … Let’s get four more wins and really ruin baseball. Let’s go!’” Because of this win, Roberts and the Dodgers made good on their promise by going on to win their second straight World Series. No, the Dodgers did not ruin baseball, but their dominance is representative of the growing disparity in competition between large and small-market teams.

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

Cardozo Law News Briefs

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

• CLIHHR and global partners published a report on the Mura people’s resistance to Canadian potash mining in Brazil’s Amazon.

• Professor Jessica Roth appeared on PBS NewsHour and other outlets discussing Congress’s push to release Epstein-related DOJ files.

• Professor Matt Wansley was quoted in The New York Times on safety concerns around Amazon’s Zoox robotaxi program.

• Professor Rebecca Ingber spoke to The Intercept about the legality of U.S. drug boat strikes in the Caribbean.

• Professor David Rudenstine wrote an op-ed in The Hill calling for judicial independence in pending Trump …

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The Silent Concert: The Isabella Stewart Gardner Museum Heist, 35 Years Later, Lauren Beals

Undergraduate Research Symposium Lightning Talks

Beals, Lauren. 2025. The Silent Concert: The Isabella Stewart Gardner Museum Heist, 35 Years Later. UNLV Undergraduate Law Review. Background and objectives: In March of 1990, thieves stole 13 pieces of artwork from the Isabella Stewart Gardner Museum in Boston, Massachusetts, U.S.A. This study strives to discern a proper punishment for the elusive culprits of the Gardner Museum Heist, and highlight the importance of missing cultural property. Methods and approach: This study relies on the testimony of the United Nations in their 1970 "Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer… of Cultural Property,” …

Patent Monopsonies, Roy Baharad, Gideon Parchomovsky

Duke Law Journal

Conventional wisdom perceives patent protection as a necessary evil. Patent protection, the argument goes, raises the prices of patented products and processes, thus restricting access to innovation. But without it, not enough innovation will be produced. Hence, generations of scholars have sought ways to curb the market power of patentees via various legal interventions, such as prizes, compulsory licenses, and other forms of regulation. All have tacitly assumed that eroding the market power of patentees would result in a competitive market for innovation that would put an end to the allocative inefficiencies and distributional inequities that emanate from patent protection. …

Pragmatic Textualism, Brian G. Slocum, Kevin Tobia

Duke Law Journal

Traditional textualism instructs judges to adhere to a statute's linguistic meaning and reject as irrelevant its interpretive consequences. Justice Scalia famously contrasted his restrained textualist judge with "Mr. Fix-It," a judge who inappropriately weighs consequences. Today, however, textualists increasingly embrace consequentialist reasoning. This Article documents this undertheorized shift and the emerging textualist efforts to justify it, including Justices Kavanaugh and Barrett's arguments for nonliteralism and judicial sensitivity to context. This Article critiques these efforts: Modern textualist theory lacks a compelling explanation for its newfound reliance on interpretive consequences.

Next, we offer a novel theory of the linguistic role for interpretive …

Incubators Of Innovation: Finding A Place For Title Ix In Religious Charter Schools, Emily Bass

Duke Law Journal

Since the early 1990s, many people across the country have embraced charter schools as "incubators of innovation." Charter schools are publicly funded, tuition-free, K–12 schools that have more flexibility than traditional public schools in curriculum, staffing, and more. With this flexibility, charter schools constantly test new approaches, aiming to inspire educational reform.

In recent years, some have begun calling for a new kind of charter school: the religious charter school. In May 2025, the Supreme Court deadlocked in Oklahoma Statewide Virtual Charter School Board v. Drummund, a case involving St. Isidore, the nation's first explicitly religious charter school. For …

Perfect Strangers: Improving Access To Justice By Regulating Third-Party Litigation Funding And Forced Arbitration, Benedict W. Luongo

Duke Law Journal

The rising cost of litigation and the Supreme Court's expansion of forced arbitration leave vast swaths of consumers and civil rights plaintiffs without an adequate path to the only forum with the independence to fairly decide controversies: courts. This access-to-justice gap presents an opportunity for third parties seeking to profit from litigation to provide funding to support plaintiffs' litigation costs in exchange for an interest in the judgement or settlement. But third-party litigation funding mostly benefits businesses, and it does not help plaintiffs overcome forced arbitration. Many who acquire third-party funding realize that they are victims of a new form …

Journal Staff

Duke Law Journal

No abstract provided.

Fatf Recommendation And Charitable Organizations Supervision Policy In Indonesia: A Study On The Prevention Of Terrorism Financing, Fithriadi Muslim, Eva Achjani Zulfa

Indonesian Journal of International Law

This research aims to analyze the supervision policies of charitable organisations in Indonesia, particularly in the context of preventing terrorism financing, and comparing them to international provisions, such as the Financial Action Task Force (FATF). It also explores the oversight practices in other countries to identify the best practices that Indonesia can adopt. The research addresses two key questions: (1) How do Indonesia’s supervision policies for charitable organisations prevent terrorism financing? (2) How do Indonesia’s supervision practices compare with international standards in preventing terrorism financing? This study uses a normative juridical approach, focusing on legislative and comparative methods. Primary legal …