Law Commons^™

Private Rights Of Action For Election Litigation In The Federal Courts, Derek T. Muller

Journal Articles

Election litigation is surging. But just as litigants pursue more election claims in federal courts than ever before, federal courts are growing more skeptical about their authority to hear them. This Essay, a contribution to the 2025 Arnold Lecture at the University of Arkansas Little Rock, William H. Bowen School of Law, examines the narrowing landscape of private rights of action in election law with a particular focus on claims brought ahead of the 2024 election. It traces the Supreme Court's shift toward formalism, the heavy emphasis on remedies found in federal statutes, and the diminishing avenues for private enforcement …

Reforming Revocation By Physical Act, Barry Cushman

Journal Articles

From the Introduction

In a previous article, I documented the various problems that are created by the law’s recognition of the power of a testator to revoke his will in whole or in part by physical act. That article canvassed five different areas of law in which such difficulties arise: ineffective attempts at revocation; the presumption of revocation; partial revocation by physical act; dependent relative revocation; and revival. In this Article, I first explore the asymmetries within the law of wills created by the persistence of revocation by physical act. I then offer some reflections on possibilities for reform.

Leading From Where You Are: How Projects Build Leadership Skills In Law Libraries, Susan Azyndar, Yan Yu

Journal Articles

Practical ways to develop leadership skills through collaborative projects–no title required.

What Beginning Law Students Learn When Ai Gets Personal, Kristina Swanson

Journal Articles

From the Introduction

While legal writing and research professors wrestle with artificial intelligence (AI)'s impact on the skills we teach, one thing is clear: beginning law students cannot discern whether AI answers to legal questions are correct. AI-generated responses to legal questions sound right and are designed to bolster the beleaguered law student's confidence. Deliberately programmed to hook customers, AI-generated answers often begin by praising the brilliant question and expressing electronic empathy for the difficulty the student may have had answering it. The end result: students with the wrong legal answer and misplaced confidence.

The Federalism Canons As Ordinary Interpretation, Anthony J. Bellia, Bradford R. Clark

Journal Articles

From the article

Scholars remain generally skeptical of substantive canons of statutory interpretation even as courts continue to employ such canons in important cases. Unlike semantic canons, which help judges discern the best meaning of statutory text in context, substantive canons provide tiebreakers when the text is unclear or require special clarity in order for the text to perform certain functions. Among the substantive canons, the so-called “federalism canons” have been singled out for special scrutiny. The federalism canons are a family of canons that require courts to avoid interpreting an act of Congress to divest states of certain sovereign …

Faces Of Formalism, Jeffrey A. Pojanowski

Journal Articles

Formalist approaches to legal interpretation, such as textualism and originalism, are ascendant in federal statutory and constitutional law. Yet with success have come uncertainty and dissatisfaction. Formalists and their critics observe that textualism and originalism can seem as open-ended as the purposive and dynamic methods they were supposed to replace. This Article tries to diagnose the source of this discontent. It does so by identifying two different faces of formalist interpretation: the formalism of authority—adherence to original sources of law—and the formalism of method—constraint through predictable, rule-bound interpretation. Defenses of formalism often assume these two paths to constraint run together, …

America’S Recount Addiction, Derek T. Muller

Book Chapters

Election recounts are costly and rarely change the results. By narrowing recount laws and relying on more precise safeguards, states can cut costs, deliver final results more swiftly, and reinforce public confidence in elections.

Imprint: NYU Global Access Publications, 2026, Open Access Since 2026.

Ndls Communicator: Week Of 12.22.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Supreme Court Justice Amy Coney Barrett returns to Notre Dame Law for a wide-ranging fireside conversation with students
• Notre Dame Law Professor Diane Desierto Awarded Research Grants to Advance Global Human Rights Work
• International Expertise at ND Law: Visiting Professors Strengthen Scholarship and Community
• Notre Dame Law School’s Religious Liberty Clinic Secures Return of Stephen Jarrard to County Jail’s Ministry Program After Years of Religious Discrimination
• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging court to protect Jewish communities from discriminatory land-use barriers
• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging …

Brief Of Lindsay And Matt Moroun Religious Liberty Clinic As Amicus Curiae In Support Of Appellants, John A. Meiser, Meredith Holland Kessler

Court Briefs

Nos. 25-2575, 25-2662
Commonwealth of Pennsylvania v. President United States of America

On Appeal from the U.S. District Court for the Eastern District of Pennsylvania
No. 2:17-cv-04540-WB (Hon. Wendy Bettlestone)

From the Summary of the Argument

The agencies’ promulgation of the Religious and Moral Rules challenged in this case was neither arbitrary nor capricious. Widespread litigation against the agencies’ contraceptive mandate under the Religious Freedom Restoration Act— and multiple trips to the Supreme Court—made clear that the mandate violates the federally protected rights of organizations like the Little Sisters of the Poor. After years of failed efforts to alleviate that …

Brief Of The Notre Dame Education Law Project, Islam And Religious Freedom Action Team, Jewish Coalition For Religious Liberty, And Manhattan Institute As Amici Curiae In Support Of Petitioners, John A. Meiser, Meredith Holland Kessler, Domenic Canonico

Court Briefs

No. 25-581
St. Mary Catholic Parish v. Lisa Roy

On Petition for Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit

From the Summary of Argument

Three times in the last eight years, this Court has struck down efforts to exclude religious institutions from otherwise available funding programs. Each time, opponents of the Court’s decisions have sought to riddle them with holes, requiring the Court to intervene to prevent its rulings—and the First Amendment’s command against religious discrimination—from being so easily evaded. Regrettably, this Court must step in again, as some states, like Colorado, still …

Brief Of Agudath Israel Of America, The Jewish Coalition For Religious Liberty, The National Council Of Young Israel, And The Jewish Community Council Of Sullivan County As Amici Curiae In Support Of Appellants, John A. Meiser, Meredith Holland Kessler

Court Briefs

No. 25-2191
Lost Lake Holdings, LLC v. Town of Forestburgh

On Appeal from the United States District Court for the Southern District of New York, No. 22-cv-10656-VB (Hon. Vincent L. Briccetti)

From the Summary of the Argument

As the district court seemed to recognize early on, JA-1506, the Town of Forestburgh is not going to allow Appellants to build a residential community for Hasidic Jews. Once the developers purchased a shovel-ready property for that purpose, the Town—in the words of one prominent resident and former member of the Comprehensive Plan Review Committee—“circle[d] the wagons.” JA-1570. That former committee member (along …

Ndls Communicator: Week Of 12.15.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Professor Richard Ekins delivers distinguished constitutional law lectures at Harvard and Princeton
• 3L Dennis Wieboldt Awarded the 2025 Brown Award for Excellence in Legal Writing by the Judge John R. Brown Scholarship Foundation

Alumni News

• Gabriela Pacheco Arias ’08 LL.M. makes history as the first woman appointed Secretary of the Inter-American Court of Human Rights

Faculty Briefs

• Paolo Carozza
• Mary Ellen O'Connell
• David McIlroy
• Michael Addo
• Emily Bremer
• Haley Proctor
• Derek Muller

Events

• Final Exams, Dec. 9–18
• Faculty/Staff Birthday Celebration
• University Holidays, Dec. 24–Jan. 2

Around the Watercooler

• Thank you for attending the ND Law Christmas Party

Ndls Communicator: Week Of 12.08.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Justice Barrett, Judge St. Eve, and Judge Davis preside over final round of second annual Justice Amy Coney Barrett Moot Court Tournament
• ND Law's Global Human Rights Clinic advocates for clients at the United Nations Headquarters and advances key partnerships in New York City
• Notre Dame J.S.D. candidates present at the 2025 J.S.D. Symposium hosted by the Washington University School of Law
• Global connections: Welcoming exchange students to Notre Dame Law School

Alumni News

• Double Domer and IP attorney Shannon Mastick '13, '16 J.D. appears on Jeopardy!

Faculty Briefs

• Paolo Carozza
• Mary Ellen O'Connell
• Rick Garnett
• Nicole …

Ndls Communicator: Week Of 12.01.25, Notre Dame Law School

NDLS Communicator

Faculty Briefs

• Diane Desierto
• Jen McAward
• Rick Garnett
• Emily Bremer
• Derek Muller

Alumni News

• Mary Yu
• Adila Hassim

Events

• Law & Economics Workshop: Shahar Dillbary, George Mason University
• Faculty Colloquium: Sherif Girgis

Around the Watercooler

• November Spot Awards
• Scared Stories 2025
• ND Well-Being December

Mmu: 12/01/25-12/07/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

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

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 …

Mmu: 11/17/25-11/23/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Ndls Communicator: Week Of 11.17.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Justice Amy Coney Barrett to judge final round of moot court tournament named in her honor
• Veterans Day 2025: Honoring our ND Law student veterans and reflecting on God, Country, Notre Dame
• Notre Dame faculty contribute to dialogue on artificial intelligence at the Vatican
• Notre Dame experts bridge law and child development to tackle crisis of family separation amidst armed conflict

Alumni News

• Notre Dame LL.M. Graduates Victoria Mendoza Ruiz and Mbonisi (Bo) Secure Prestigious UN Internships

Faculty Briefs

• Caleb Stone
• Christina Jones
• John Meiser
• Nicole Garnett
• Patrick Corrigan
• Mary Ellen O'Connell
• Haley Proctor
• Sadie Blanchard
• Nell …

Request For An Advisory Opinion By The State Of Guatemala On Democracy And Its Protection Under The Inter-American Human Rights System: Expert Opinion, Notre Dame Law School Global Human Rights Clinic, Notre Dame Reparations Design And Compliance Lab, Diane A. Desierto, Francisco J. Urbina, Paolo G. Carozza, Anibal Perez-Liñan, Faisal Yamil Meneses, Nicolas Buitrago Rey, Ian Sheppard, Michelle Vasquez, Nick Polk, Carlos Chinchilla Mourra, Jose Cardona Sanchez, Pablo Proaño, Roselis Diaz De Freitas, Zolile Shude, Christian Mikala-Ofori, Rachel Cooper

Court Briefs

From Page 1

Notre Dame Law School Global Human Rights Clinic (NDLS GHRC) In collaboration with Notre Dame Reparations Design and Compliance Lab (ND Reparations Lab)

The undersigned Professors, staff lawyers, and researchers of the NDLS GHRC and the ND Reparations Lab respectfully submit this Expert Opinion for this Honorable Court’s consideration. 

1. The State of Guatemala has requested this Honorable Court to interpret specific provisions of the American Convention on Human Rights (e.g., Preamble first paragraph, Article 1 obligation to respect rights, Article 5 right to humane treatment, Article 8 right to a fair trial, Article 9 freedom from ex …

Ndls Communicator: Week Of 11.10.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Honors Two Alumni at Annual Rev. David T. Link Public Interest Banquet
• U.S. Senate confirms Notre Dame Law School alumnus Joshua Dunlap as federal judge
• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging court to safeguard religious expression in public life

Faculty Briefs

• Patrick Corrigan
• Carsten Gerner-Beuerle
• Fr, Pat Reidy, C.S.C.
• Diane Desierto
• Mary Ellen O'Connell
• Paul Miller
• Christine Venter
• Emily Bremer
• Rick Garnett
• Mark Hill KC
• John Meiser
• Jorge Barrera Rojas

Events

• Appeals on Wheels: The Indiana Court of Appeals
• Law & Economics Workshop: Insider Trading Spillover
• Faculty Colloquium: …

Mmu: 11/10/25-11/16/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Ndls Communicator: Week Of 11.03.25, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law Professor Jimmy Gurulé discusses Exoneration Justice Clinic's work in an interview with renowned journalist Carmen Aristegui
• The Global Human Rights Clinic participated in a series of high-level engagements during International Law Week at the United Nations Headquarters in New York.

Faculty Briefs

• Mary Ellen O'Connell
• Daniel Slate
• Emily Bremer
• Christine Venter
• Nicole Garnett and Maria Paz Madrid
• Derek Muller

Events

• Faculty Colloquium
• Veterans Law Presentation
• Politics and the DOJ
• The Meaning of Natural
• Justice Amy Coney Barrett Moot Court Tournament Semi-Finals
• Provost Open Office Hours
• Rice-Hasson Distinguished Lecture Series

Around the Watercooler

• Staff Spot Awards

Mmu: 11/03/25-11/09/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

It Takes A Village . . . But Let The Teenagers Vote, Joseph Fishkin

Notre Dame Law Review

In their article Give Parents the Vote, Kleinfeld and Sachs argue that we ought to give parents extra votes to cast by proxy on behalf of their minor children. In this response, I argue that their proposal misconceives the nature of voting itself. Unlike a child’s personal medical or financial decisions, which we entrust to those most responsible for a child’s care, voting is a collective act by which a political community makes collective choices. Each of us is obligated to cast our vote in the way we think best for the whole community. And each voter—whether a parent …

Trade Secrecy’S Information Paradox, Christopher Buccafusco, Jonathan S. Masur, Deepa Varadarajan

Notre Dame Law Review

Trade secret law is meant to encourage socially beneficial behaviors by permitting firms to protect their investments in the creation of valuable information. In theory, the ability to protect valuable information will make firms more likely to create that information in the first instance. But the law can also be used to shield socially harmful behaviors from public oversight. Firms can assert trade secret protection to prevent journalists, watchdogs, and criminal defendants from learning whether they are engaged in dangerous, wrongful, or biased activity. Ideally, trade secret law should sort socially beneficial uses from socially harmful ones, permitting only the …

Does The Law Ever Run Out?, Charles F. Capps

Notre Dame Law Review

Although laypeople commonly believe that a judge’s job is to decide every case as the law requires, a broad consensus exists among legal scholars that the law not infrequently “runs out,” leaving the judge to decide the case on extralegal grounds. This Article subjects that consensus to critical scrutiny. Tentatively, the Article concludes that none of the alleged sources of indeterminacy in the law—including permissive rules, balancing tests, vagueness, ambiguity, silence, contradictions, and uncertainty—actually causes the law to run out. More confidently, the Article maintains that the extent to which the law runs out, if it does at all, depends …

Foundations For Platform Liability, Kathryn E. Spier, Rory Van Loo

Notre Dame Law Review

From spreading misinformation to selling deadly products, bad actors use technology platforms to their advantage while causing devastating harms to privacy, health, and even democracy. Despite their central role in enabling these bad actors, the platforms almost entirely escape liability. This legal immunity is purportedly grounded in economics. From the beginning, courts and legislatures feared that liability would chill innovation, growth, and user access. They also speculated that platforms have sufficient market incentives to voluntarily police bad actors, making liability unnecessary.

Whereas many scholars have argued that platform immunity is blind to justice, this Article shows that it is also …

A Crisis Of Consensus: The Supreme Court’S Legitimacy And Recent Challenges Thereto, Abby Ulman

Notre Dame Law Review

Part I retells the history of Supreme Court decisions—from the time when Justices followed the British practice of issuing seriatim opinions to the time of Chief Justice John Marshall who instituted a policy of a single opinion for the Court. This norm of consensus lasted 140 years, during which the Court decided more than ninety percent of its cases unanimously. However, modern practice has been marked by division and dissensus, which have incited rhetoric of delegitimization. Part II examines two types of consensuses. Section A discusses internal consensus, or the extent to which the Justices agree with each other. Yet …

Habeas Corpus And Void Judgments, David Kinnaird

Notre Dame Law Review

In a string of recent opinions, Justice Gorsuch and Justice Thomas have posited that postconviction relief upon a writ of habeas corpus was historically unavailable except where the judgment of conviction was issued by a court lacking jurisdiction. In light of this history, Justices Gorsuch and Thomas have argued for a reconsideration of the modern scope of the writ, which generally allows for relitigation of alleged constitutional error in the course of criminal trial.

This Article argues that Justices Gorsuch and Thomas have the history half right. They are correct to assert that a valid judgment of conviction was a …