Digital Commons Network^™

Too Scared To Use: Living Wills And Orderly Liquidation Of Too-Big-To-Fail Financial Institutions, Jeffery Y. Zhang

Law & Economics Working Papers

The term “too big to fail” became ubiquitous following the 2007-2008 Global Financial Crisis. Lawmakers, regulators, and scholars wondered if there was a better way forward than issuing an array of ad hoc bailout packages to large financial institutions. Congress, in enacting the Dodd-Frank Act, sought to address the concern by creating a new regulatory framework to resolve large financial institutions in an orderly manner.

First, Congress required too-big-to-fail institutions to file “living wills,” essentially planning documents that describe the institution’s path to a safe failure under the Bankruptcy Code—a failure that would not impact system-wide financial stability. Second, Congress …

Alpharetta Underwriters, Llc V. Argonaut Mgmt. Svcs., Order On Pending Motions, Wesley B. Tailor

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Season 2 Episode 5: Quitting Ain't Easy, Sara Gras

Season 02

Where there is gambling, there are addicted gamblers. Gambling addiction is more than just an economic problem – it can have a profoundly serious impact on the lives of individuals who are affected – but the research on, and funding for treatment of, compulsive gambling is only a fraction of what is available for substance use disorders. The rapid growth of sports betting has created a new challenge in this space, impacting a new demographic of young men. This episode provides some foundational information about gambling addiction and recovery as a foundation for a discussion of responsible gaming and industry …

Ndls Communicator: Week Of 09.08.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School to host Second ASLH Graduate Legal History Colloquium in 2025-2026
• Religious Liberty Clinic Represents Religious Communities and Organizations in Support of Religious Minorities’ Free Exercise of Religion in Prison
• Program on Law and Economics welcomes new fellows for academic year

Faculty Briefs

• Fr. John Paul Kimes
• Paolo Carozza
• Roger Alford
• Mary Ellen O'Connell
• John Meiser
• Nicole Garnett
• Diand Desierto
• Jimmy Gurulé
• Rick Garnett
• Carter Snead

ND Law in the News

• NDLS's partnership with Harvey AI was featured in stories by Law.com, Open Tools, and Law Fuel.

Events

• Law and Economics Workshop: Francesco Parisi, …

Mmu: 09/08/25–09/14/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Prosecutor Transparency Project: Racial Disparities Study (Washtenaw County, Michigan), Grady Bridges, J. J. Prescott

Law & Economics Working Papers

This report investigates and estimates racial disparities in prosecutorial decision-making in the Washtenaw County Prosecutor’s Office (WCPO) from 2017 to 2022. The analysis relies on currently available data resources at the WCPO and examines decision-making at four different junctures in the prosecutorial process: 1) case approval (i.e., warrant authorization) and charge selection, 2) habitual-offender designation (under Michigan law), 3) plea bargaining, and 4) diversion and deferral opportunities. Racial disparities appear most visibly at the earliest stages of the criminal justice process, with People of Color substantially overrepresented in the warrant requests the WCPO receives from law enforcement. The data further …

Soundexchange V. Sirius Xm: A Battle On Two Fronts, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the United States, when an artist’s sound recording or track is played by a servicer like Pandora or satellite radio, a digital public performance royalty for the sound recording is collected by the organization, SoundExchange, or it may be negotiated between the parties via direct licenses. These non-terrestrial broadcast platforms perform in a non-interactive manner (i.e. the platform picks the tracks for the consumer to listen to) as opposed to in an interactive manner (i.e. listener picks the track) by a platform such as Spotify or Apple Music.

Cjcr Publishes Volume 26, Issue 3 (Summer 2025), Michele Kallo

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 26, Issue 3 (Summer 2025). The print edition of the issue has also been released.

Accessible at Volume 26.3: Summer 2025, this issue contains Articles by Michael Saini, Raheena Lalani Dahya, Shely Polak, Giuseppe De Palo, and Mary B. Trevor; and Notes by Molly Baraban, Adam Gaudet, and Cynthia Spitzer.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on September 8, …

From Relic To Relevance, The Resurgence Of Tariffs, Reuven S. Avi-Yonah, Doron Narotzki, Tamir Shanan

Law & Economics Working Papers

Modern legal scholarship has largely relegated tariffs to economic analysis, overlooking their legal and policy significance. This article challenges that view by examining tariffs as a potential pillar of fiscal policy, exploring their viability as a revenue source alongside or in place of traditional income and corporate taxation. While historically central to U.S. government funding, tariffs diminished in importance with the rise of income taxation and trade liberalization. However, their recent resurgence as a tool for trade protection raises broader questions about their role in national economic strategy. This article critically assesses the feasibility of a tariff-based tax system, drawing …

Let Them Speak: The Case For Parental Rights As Educative Speech, Tavia Bruxelles Mcallister

Nebraska Law Bulletin (Selected Issues)

Outlines a case for parental rights as educative speech.

Recognizing And Reclaiming Indigenous Peoples’ Constitutional Land Rights In Brazil, Fernanda Frizzo Bragato, Jocelyn Getgen Kestenbaum

Book Chapters

In 2011, the Brazilian Government began dismantling the country’s robust framework for Indigenous land rights by enacting measures to deny Indigenous Peoples’ access to their ancestral lands. From 2019 to 2022, the government did not recognize or title a single hectare of Indigenous lands, despite more than 700 pending requests for demarcation (or formal designation and titling). A change in government and six land demarcations in 2023, however, show signs of a new era for Indigenous Peoples’ rights and relationship with the state. This chapter analyzes evolving Indigenous land rights pre- and post-constitutionalization in 1988, the result of intense political …

Law School News: New Book On Race And Law Gives Context, Fills Gaps 9-6-2025, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Target Companies Regain “Significant Tool” To Encourage Reluctant Buyers To Consummate Public Merger Transactions, Robert S. Reder, Noah Nance

Vanderbilt Law Review En Banc

No abstract provided.

Death By Incarceration: Juvenile Life Without Parole Is Always Cruel And Unusual, Elizabeth Wehby

Vanderbilt Law Review En Banc

No abstract provided.

Cardozo Law News Brief: September 5, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

This Cardozo Law News Brief highlights the arrival of Cardozo’s newest J.D. and LL.M. students, welcomed by Dean Melanie Leslie with words of encouragement to embrace their journey with joy and purpose. It also features the return of former professor Michelle Adams for a Floersheimer Center book talk on her new work The Containment. In the media, Professor Peter Markowitz spoke to amNewYork about Cardozo’s new Center for Immigration Innovation, Professor Jessica Roth appeared on PBS NewsHour to discuss the $500 million civil fraud penalty against Donald Trump, Professor Sam Weinstein commented to The Washington Post on the Google …

Brief Of Amici Curiae Intellectual Property Scholars In Support Of Petitioners, Laura A. Heymann, Alfred C. Yen

Briefs

No abstract provided.

Reflections On The “Pore Space Estate”, Joseph A. Schremmer

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Co₂ Pipelines As Common Carriers, Madeleine Lewis, Tara Righetti

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Meaning Of “Other Minerals” And Other Incidents Of Mineral Ownership, Monika U. Ehrman, Colton Franks

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Alexandra Jury

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Cardozo Welcomes Newest Class Of J.D., Ll.M. Students, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo opened the new school year by welcoming the J.D. Class of 2028 and the LL.M. Class of 2026. The 1L students come from 36 states and from across the globe, including Albania, China, Israel, Italy, and South Korea.

Ai-Enabled Autonomous Weapons And Human Control: Part I: Human Control And Machine Learning Design And Development, Lena Trabucco

International Law Studies

At the center of the emergence of artificial intelligence (AI) and autonomous weapon systems (AWS) is the challenge of human control. AI has the potential to reshape the boundaries of military capabilities. In particular, the increasing sophistication of AWS necessitates a deep examination of the balance between machine autonomy and the role and requirements of human decision-makers. In pursuit of this balance, the concept of meaningful human control emerged. It is a concept born of necessity and offers a platform to reexamine and redefine the scope of human involvement in critical and time-sensitive decision-making. MHC has become a defining feature …

Full Issue

Indian Journal of Law and Technology

No abstract provided.

Editorial Board

Indian Journal of Law and Technology

No abstract provided.

Distinguished Service Awards To Be Presented Sept. 26, Maurer School Of Law - Indiana University

Keep Up With the Latest News from the Law School (blog)

Three alumni of the Indiana University Maurer School of Law will be honored with Distinguished Service Awards later this month, in concert with the Law School’s fall Alumni Board meeting.

Matthew Metz ’19, Delanie Pope ’93, and Hannah E. Wilson ’22 will each receive the award, which was established in 1997 to recognize graduates of Law School who have distinguished themselves in service to their communities and the school in ways far exceeding traditional business, professional, and civic duties.

The "Uniform Rule" And Its Exceptions: A History Of Congressional Naturalization Legislation, Daniel Rice

The Ozark Historical Review

Article 1, Section 8 of the Constitution empowers Congress “[t]o establish an uniform Rule of Naturalization.” In Part I of this article, I discuss the American colonial experience with naturalization laws and account for the Naturalization Clause’s. I then examine the historical development of Congress’s “uniform rule” and deconstruct the mechanism by which certain groups have been excluded from and brought back within its reach. Lastly, I scrutinize Congress’s posture towards expatriation, the logical converse of naturalization. In Part II, I ask why Congress might have thought it expedient to carve out statutory exceptions to the naturalization procedures it had …

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Table Of Contents

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Note, Kiera Doughty

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

How Much Can Saying “I Do” Impact Your Tax Liability?, Mary Capron

The Business, Entrepreneurship & Tax Law Review

President Trump signed the One Big Beautiful Bill Act into law on July 4, 2025. Notably, the Bill extended many provisions of the Tax Cuts and Jobs Act that Congress passed in 2017. This paper will explore marriage penalties through the lens of the Tax Cuts and Jobs Act. Taxes in the United States are based on a progressive system. Simply put, this means that all taxpayers do not pay the same amount in taxes; instead, they are treated differently depending on various factors such as earned income, number of dependents, and marital status. This system creates some marriage penalties …