Law Commons^™

Jochen Schmon, Absolute Ethical Life. Michael Lazarus On The Normativity Of Marx’S Critique Of Capitalism (An Interview By Jochen Schmon), Jochen Schmon, Michael Lazarus

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Response To Reviewers — Emancipations Symposium On Profit And Power, Ronen Palan

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

The Enterprise Society In Motion: Reflections On Palan's Profit And Power, Corentin Cohen

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Of What Is Such Arbitrage One Instance: On Palan's Profit And Power, Craig Murphy

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Ronen Palan's World View: Bringing The State Back In, Steve Schifferes

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Mncs In Space: On The Fundamental Extraterritoriality Of Mncs. Review Of Ronen Palan’S Profit And Power, Herman Mark Schwartz

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

The Age Of Intangible Assets: Thoughts On Palan’S Profit And Power, James K. Galbraith

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

After The Fall: Reflections On My Critics, Ian Shapiro

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Hope In The Shadow Of Impasse: Analytic Logic Vs The Rhetoric Of Optimism In Ian Shapiro’S After The Fall, Albena Azmanova

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Ian Shapiro's After The Fall Is Harsh, But Not Harsh Enough, James K. Galbraith

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

A Decline That Began At The Start Of The Journey, Not At The End: Thoughts On Ian Shapiro’S After The Fall, Nadia Urbinati

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Changing The Wind’S Direction: Reflections On Ian Shapiro’S After The Fall, Stefan Eich

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Roses For Keynes And Dead Flowers For Reagan In Shapiro’S After The Fall, Ian Hurd

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

“Don’T Tell Me To Keep Doing What I’M Doing, When I’M Risking My Life Trying To Get You To Do Your Job”: Thoughts On The Politics Of Distance, Alice Chapman

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Eviscerating The State: An Update, Jean L. Cohen

Emancipations: A Journal of Critical Social Analysis

A year after the publication of her article “Eviscerating the State: The New Oligarchic and Authoritarian Project to Undermine American Constitutional Democracy (Emancipations, Vol.4: Iss.2, July 2025) Jean Cohen looks again at the threats to American constitutional democracy posed by new oligarchic and authoritarian actors in the economy, the state, and society.

From Monopoly To Orchestration: The Hilltop And Farm Youth And The Changing Organization Of State Coercion - The Israeli Case, Idan Yaron

Emancipations: A Journal of Critical Social Analysis

Drawing on more than a decade of ethnographic fieldwork – as a social anthropologist, studying the Far Right in Israel, on the ground, and through intimate and prolonged relationships with opinion leaders and rank-and-file activists – this essay examines the Hilltop and Farm Youth in the West Bank to reconsider Charles Tilly's influential account of state formation and the organization of coercion. It asks a simple but troubling question: why would a powerful modern state, fully capable of suppressing autonomous violent actors, sometimes allow them to persist? I argue that Tilly's theory should be confirmed, adapted, and amended. His fundamental …

Uneven And Combined Fascism: A Postapocalyptic Perspective, Daniel Loick

Emancipations: A Journal of Critical Social Analysis

This essay develops the concept of “uneven and combined fascism” as an alternative to dominant liberal approaches that understand fascism primarily as a future rupture or return of the European past. Analogizing the crisis of democracy with environmental crisis, it argues that fascism, like ecological catastrophe, should be understood as an ongoing and differentially distributed condition: already present for some while remaining latent or emergent for others. The essay develops this claim by consulting approaches of "postapocalyptic environmentalism" as well as thinkers and activists from the Black Radical Tradition, particularly the analyses of Aimé Césaire and the Civil Rights Congress’s …

Border Fascism And The Fascistization Of Society, Nicholas P. De Genova

Emancipations: A Journal of Critical Social Analysis

The massive destruction and social dislocation wrought by capitalist crisis has culminated, historically, in the brutal cataclysms of fascism and other forms of authoritarian rule. Today, across the globe, we are confronted with the aggressive advance and entrenchment of a variety of such authoritarian political projects. Anxious discourses about ascendant fascism have become perfectly mainstream. These developments command our acute attention and critical analysis. This essay addresses these dire questions and the conceptual vexations surrounding the concept of fascism, particularly as it has been elaborated in various Marxist analyses.  Specifically, much of the debate around fascism as an analytical category …

"Florence's First Mayor", William Lindsey Mcdonald

Research Articles

The article briefly discusses the significance of Alexander Hamilton Wood, the first mayor of Florence, Alabama.

Guardians In Orbit: Legal Justifications And Limits Of Defensive Satellite Operations, Yurika Ishii

International Law Studies

The deployment of “bodyguard satellites”—spacecraft designed to autonomously detect and counter hostile space objects—has moved from classified capability development to explicit national security policy across a growing number of States. This article examines the circumstances under which interference with another State’s satellite may be legally justified under international law, analyzing several possible grounds: self-defense under Article 51 of the UN Charter, forcible countermeasures, non-forcible countermeasures, and necessity. Drawing on a survey of national space defense policies, jurisprudence of the International Court of Justice, and the law of State responsibility, the article reaches two principal conclusions. First, across all justificatory frameworks, …

Beyond Thinking Like A Lawyer: Lonergan's Transcendental Method And The Formation Of Ethical Lawyers, Sigrid Vendrell-Polanco

San Jose - Lonergan Chair in Catholic Philosophy

Law schools have long promised to teach students to "think like lawyers."1 We teach students to read cases carefully, identify legally significant facts, extract rules from precedent, distinguish adverse authority, construct arguments, and predict how courts are likely to resolve disputes. These are indispensable skills. But they leave open a more fundamental question: What kind of lawyer are we teaching our students to become?2 Legal education is extraordinarily good at teaching students how to determine what the law is and what the law allows. We are perhaps less intentional about teaching them to ask what, as lawyers, they ought to …

Using Lonergan’S Method To Instruct For The Scholar: St. Mary’S Law Review On Race And Social Justice, Mike Martinez Jr

San Jose - Lonergan Chair in Catholic Philosophy

The Scholar began in the 2000s to bring light to the social justice issues of the day: Hopwood, Proposition 187 in California, Amendment 2 in Colorado, and the aggressive assault on civil rights laws, immigrants’ rights, and bilingual education. The origins of this publication began as a grassroots effort of six law students working to make a difference and contribute to the legal conversation by advocating for traditionally marginalized groups. The vision of the founding editors provided a voice for ethnic minorities, LGBTQ+, immigrants, racial minorities, women, and other disenfranchised groups often silenced in our legal discourse. The concept and …

Tax Exceptionalism After Loper Bright, Conor Clarke, Noah Hertz Marks

Faculty Publications

In this article, the authors consider what Loper Bright means for the relevance of Mayo Foundation and National Muffler as well as its broader implications for agency-specific deference, and they examine older case law that can be helpful post-Loper Bright.

Mmu: 09/14/26-09/20/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Ndls Communicator: Week Of 09.14.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Religious Liberty Clinic requests emergency relief from U.S. Supreme Court to protect Orthodox Jew's religious exercise

Student News

• J.S.D. candidate Valentina Salazar

Faculty Briefs

• Lloyd Mayer
• Mary Ellen O'Connell
• Paolo G. Carozza
• Carter Snead
• Emily Bremer
• Rick Garnett
• Christine Venter
• Dennis Wieboldt

Events

• Faculty Colloquium - Paul Yowell, University of Oxford
• Faculty and Staff Birthday Celebration
• 2025-26 SCOTUS Recap
• Homecoming 2026: Notre Dame vs. Michigan State game, September 19, 2026

Looking Ahead

• Law & Economics Workshop: Stephan Wernicke, Humboldt University of Berlin Delaware in the European Union? EU Inc. – A New European Corporate Legal Form
• Conversation …

"How Do I Design My Law Course?": A Quick Guide For New Professors, Steven Arrigg Koh

Faculty Scholarship

How do professors start teaching law? This question is a particular challenge for new law professors, who often lack resources for course design. Written from the perspective of a recently tenured law professor, this Essay offers four major categories of decisions: semester structure, classroom, final exam, and “professorial personality.” It argues that, for each decision, reasonable minds can differ. This Essay also provides some personal reflections on the decision-making to illustrate how one professor might weigh various considerations in course design. A final Appendix is a checklist for new professors.

Brief Of Notre Dame Education Law Project, Notre Dame Project On Church, State & Society, Lindsay And Matt Moroun Religious Liberty Clinic, And Union Of Orthodox Jewish Congregations Of America As Amici Curiae In Support Of Petitioners, Michael A. Helfand, Richard W. Garnett, Nicole Stelle Garnett, John A. Meiser, Meredith Holland Kessler

Court Briefs

Nos. 26-193 and 26-240
Bethany M. Hall v. A. Scott Fleming, Cameron Johnson v. A. Scott Fleming

On Petitions for Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit

From the Summary of Argument

This Court should grant certiorari to put an end to the damaging effects of Locke v. Davey, 540 U.S. 712 (2004). To begin, as Judge Richardson ably demonstrated in his concurring opinion below, “Locke was wrongly decided.” Hall Pet. App. 14a-18a. What’s more, Locke sits in tension with—and imposes a significant impediment to—this Court’s many recent decisions that aim …

Fifty Years After Estelle V. Gamble—Where Does Carceral Health Law Go From Here?, James René Jolin, Jenean Docter, Benjamin A. Barsky

Faculty Scholarship

Fifty years ago, the US Supreme Court decided Estelle v.Gamble—a landmark case commonly known for establishing a duty on the government to provide health services to incarcerated people, whether before or after conviction. In this column, we offer a brief critical reappraisal of Estelle by reviewing its demanding legal standard and identifying a set of related litigation barriers that stymie the availability of relief in federal court. Given these constraints, we argue for a carceral health law paradigm that moves beyond the current, dominant focus on litigation.We use Medicaid law and policy as a case study to explore the …

Between Blockchain And Black Markets: South Africa's Legal Readiness For Crypto-Driven Cyberfraud, Sagwadi Mabunda, Yassin Chande

Communications of the IIMA

This paper examines whether the proliferation of cryptocurrency-facilitated fraud warrants a reclassification of the terrestrial crime of fraud into the distinct statutory offence of cyberfraud under South African law. Engaging with established fraud typologies — exit scams, Initial Coin Offering (ICO) scams, Ponzi schemes, pump-and-dump schemes, and market manipulation — the article tests their definitional fit against both the common law of fraud and section 8 of the Cybercrimes Act 19 of 2020. Through a hypothetical composite scenario combining multiple fraud typologies, the article demonstrates that whilst cryptocurrency significantly amplifies the reach and complexity of fraudulent schemes, it functions primarily …

Cardozo Law News Brief: September 11, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the September 11, 2026 Cardozo Law News Brief include:

• Professor Matthew Wansley was quoted in The New York Times about Tesla’s Cybercab and the challenges of developing a reliable automated driving system.
• Professor Luis Calderón Gómez spoke to The Washington Post about the Trump administration’s proposal to remove tax exemptions from schools that consider race in admissions and the potential for legal challenges.
• Professor Zalman Rothschild spoke to Gothamist about New York’s vaccine requirements and renewed constitutional challenges to vaccination mandates.
• Adjunct Professor Gary Galperin was quoted in Newsweek about the Lindsay Clancy mistrial and the possibility of …