Law Commons^™

Student Scholars: Access-To-Justice Research In The Law School Direct Representation Clinic, Claire Johnson Raba

UIC Law Open Access Faculty Scholarship

No abstract provided.

Regulatory History And Judicial Review, Todd Phillips, Anthony L. Moffa

Faculty Publications

The Administrative Procedure Act requires federal agencies to simply "incorporate in the rules adopted a concise general statement of their basis and purpose" after they receive comments from the public, and the Supreme Court ruled in Overton Park that courts are to adjudicate whether rules are arbitrary and capricious based on agencies' contemporaneous rationales. Judge-created doctrines incentivize agencies to rely on these "concise" statements to elucidate their rationales, and as a result, rulemaking preambles have ballooned in size as agencies seek to insulate themselves from critical courts.

This article contends that although the APA's statutory requirement is in tension with …

The Non-Punishment Principle And Restorative Justice, Rachel J. Wechsler

Faculty Publications

The non-punishment principle is a legal norm that has increasingly gained legitimacy over the past quarter-century within international, regional, and domestic law on human trafficking. At its core, this principle opposes the punishment of human trafficking victims for unlawful conduct they engage in as a consequence of their trafficking victimization. Little is known about the presence and operation of the non-punishment principle within U.S. law. This Article fills this gap as the first to comprehensively map and analyze the principle’s instantiation across state and federal law.

From this new map, three key themes emerge. First, the non-punishment principle has a …

Taxing Dynasties, David Gamage, Brian D. Galle, Bob Lord

Faculty Publications

The estate tax and the broader wealth-transfer-tax system are even more broken than is commonly understood. Over the past two decades, researchers and policy experts have identified a handful of key tactics that mega-rich families use to pass wealth from generation to generation without paying tax. These tax dodges are notorious enough to be known by their acronyms, such as the IDGT and the GRAT. Scholars and policymakers have proposed reforms to block these tactics, or at least to make them more difficult.

In this Article, we present new analysis, backed by new empirical findings, to show that these proposed …

Fda After Loper Bright, Erika Lietzan

Faculty Publications

Loper Bright, which overruled the Chevron decision from 1984, tells us that a court should determine the meaning of all statutory provisions for itself, rather than deferring to the views of the federal agencies that implement those provisions. But the overruling of Chevron may have less of an impact on the U.S. Food and Drug Administration than conventional wisdom supposes. Most challenges to FDA action do not concern its statutory interpretations. And the agency prevailed in most cases involving statutory interpretation, before the Chevron doctrine took hold. After 1984, when the doctrine did apply, the agency often lost cases at …

Why Ai May Be Your Best Negotiation And Mediation Coach, John Lande

Faculty Publications

This article explores the role of artificial intelligence (AI) tools as negotiation and mediation coaches.  Drawing on research from negotiation, mediation, and consumer behavior, the article explains why bots can sometimes coach more effectively than humans.  In this role, they offer on-demand support that can help users prepare strategically and reflect honestly.  This support is especially valuable when seeking help from a human would feel too risky or awkward.

The article cautions against use of AI for roles requiring emotional intelligence, discretion, or legitimacy, such as negotiators, mediators, or arbitrators.  It distinguishes between AI as a thinking partner and AI …

Do-It-Yourself Reparations, Martha M. Ertman

Faculty Scholarship

The magnitude of harms like white supremacy makes it difficult to precisely identify losses, let alone remedy them. Piecemeal approaches are essential, and private efforts may be the only option when public law and cultural norms deny or perpetuate the harms. This Article addresses one racial harm, the 10:1 racial wealth gap between white and black Americans, in the context of residential segregation over the past century. It contends that the equitable doctrine of restitution enables us to recognize and remedy the unjust enrichment enjoyed by white Baby Boomers caused by private law mechanisms such as racially restrictive covenants, all …

Menstrual Leave In Spain, Lidia De La Iglesia Aza

Dispatches

This dispatch aims to outline a new regulation in Spain regarding menstrual leave as a social security benefit that allows women to take paid leave from work in cases where menstruation-related reasons prevent them from performing their duties. To this end, it looks at menstrual health as a workplace issue in general, before turning to menstrual leave regulation in Spain and its novelties, challenges and remaining controversies.

A Historic Trade Union Law Revision To Expand The Concept Of Employer In Korea, Aelim Yun

Dispatches

This dispatch illustrates the impact of the amendments on Korea’s legal framework for collective bargaining and strike action, and predict the impact of the amendments on the guarantee of collective labour rights, in particular for workers in non-standard forms of employment.

Artificial Intelligence At Work International Conference - Website, Valerio De Stefano, Unifor

Osgoode Events

Join us for the Artificial Intelligence at Work International Conference which will unite academics, policymakers, trade union leaders, and employer representatives from Canada and around the globe to discuss the regulatory landscape and governance of AI in the workplace.

As the first conference of its kind in Canada addressing these crucial issues, it is intended to inform and shape public and regulatory debate on how AI is transforming work contexts. Attendees will explore the current state of AI implementation, its impacts on labour markets, and potential frameworks for effective oversight.

Through engaging keynote sessions and dynamic panel discussions featuring leading …

Family Law Agreement And The New Gender Bargains, June Carbone, Brian H. Bix

Articles

The great family law divide is said to be marriage, as marriage has emerged as a marker correlated with race and socioeconomic status. This article argues that the real family law divide, inside and outside of marriage, is agreement. Family law, and the family court system that implements it, produce agreement when legal rules, societal norms, and family court procedures operate together to encourage shared understandings expressed through statuses such as marriage or parenthood, and legally enforceable agreements. In an increasingly unequal society, the family understandings of the college-educated middle class have moved apart from those much less privileged in …

Commission Quorums, Nicholas Bednar, Todd Phillips

Articles

Multimember commissions are a central feature of the modern administrative state. Yet a growing number have lost their legal authority to function—not through statutory repeal or defunding, but because they lack a quorum. In many cases, these quorum losses stem from the President’s assertion of a broad removal power, which causes vacancies in the commission’s membership. Quorum losses lead to agency inaction, prevent the executive branch from ensuring faithful execution of the laws, and threaten the constitutional rights of individuals who appear before adjudicatory commissions.

This Article presents an empirical study of quorum rules in multimember commissions. It traces how …

Fair Use In The Supreme Court: A Peek Behind The Scenes, Jonathan Band

Joint PIJIP/TLS Research Paper Series

Between 1975 and 1994, the Supreme Court considered five cases that involved fair use: Williams & Wilkins v. United States; Sony v. Universal City Studios; Harper & Row v. Nation Enterprises; Stewart v. Abend; and Campbell v. Acuff-Rose. The papers of the Supreme Court Justices that decided these cases show the Court as a profoundly human institution with the Justices often struggling to fashion opinions that could gain the support of a majority. The Justices clearly cared about the copyright merits, but they were also willing to compromise to achieve a certain result. In several …

Shaping Corporate Behavior Through Enforcement: Evidence From The No-Poach Initiative, Lorenzo G. Luisetto

Law Faculty Articles and Essays

In recent years, government entities have pursued legal action against restrictive clauses in employment contracts that limit labor mobility and may stifle competition in both labor and product markets. To date, however, little is known about how firms respond to enforcement actions aimed at regulating the relationships they have with their employees. Leveraging a sample of 293 franchisors, in this paper I investigate the spillover effects of the so-called “No-Poach Initiative,” an unprecedent enforcement action launched by the Antitrust Division of the State of Washington Attorney General’s Office in January 2018. This initiative resulted in 237 franchisors (39 of which …

John Bruce Dodds Memorial Scholarship, Notre Dame Law School

Student, Faculty, and Staff Awards

Memorial Scholarship in honor of John Bruce Dodds, Notre Dame Law School Class of 1980

The John Bruce Dodds Memorial Scholarship was established by his classmates, colleagues, family and friends. The criteria considered for the Scholarship are need, merit, and a commitment and determination reminiscent of that shown by Bruce Dodds. Bruce studied in London during the 1978–79 academic year and graduated from Notre Dame Law School in 1980. Before Law School, Bruce attended the United States Air Force Academy, where doctors discovered a cancerous growth in his hip joint which required the amputation of his leg. Following Law School, …

David T. Link Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Recognizes a graduating law student for outstanding service in the field of social justice.

International Academy Of Trial Lawyers, Notre Dame Law School

Student, Faculty, and Staff Awards

Chosen by the Trial Advocacy faculty, the International Academy of Trial Lawyers Award commends the following students for their distinguished achievement in the art and science of advocacy.

Farabaugh Prize, Notre Dame Law School

Student, Faculty, and Staff Awards

For High Scholarship in Law

Established by Gallitzin A. Farabaugh of South Bend, attorney-at-law

Trust Is Difficult To Gain, Yet Easily Broken: The Impact Of Negative Police Encounters On Police–Community Relations, Brooke J. Pirozek

Honors College Theses

Trust between law enforcement agencies and their respective communities is arguably one of the most contentious issues within contemporary criminal justice research in the United States. This is because, despite the fact that law enforcement institutions rely significantly on the public's assistance and cooperation in fighting crime and enforcing social order, there still exist negative relations between law enforcement and their communities, mainly attributed to feelings of unfair treatment, abuse of power, and a lack of accountability. This study seeks to understand the role of negative police encounters in shaping community trust and perceptions of police legitimacy, with a special …

Order Of The Coif Program, August 14, 2026, University Of South Carolina School Of Law Order Of The Coif

Order of the Coif Programs and Documents

No abstract provided.

First-Job Contract Review Cheat Sheet, Johanna Jones-Morris, Ashlee Martellacci

Teaching and Learning Resources

This cheat sheet helps first-time employees understand what to review before signing an employment contract. It highlights job duties, compensation, scheduling, employment terms, benefits, restrictive clauses, worker classification, and common red flags so that individuals can ask informed questions and recognize potentially unfair or unclear terms.

An International Framework For Marriage Promotion, Jessica Tueller

Faculty Articles

Governments across the globe lately have been raising the alarm about declining marriage rates and adopting a wide variety of measures to increase these rates. This article presents a framework, distilled from human rights law, for assessing whether such measures are in keeping with States’ international obligations to eliminate all forms of coercion and discrimination in their policies and practices concerning diverse family structure and composition. The framework draws clear boundaries between measures that are permissible under human rights law and measures that are prohibited by human rights law. It also provides a tool for evaluating marriage-promotion measures that, although …

In Service Of The State: Foreign Financing, Infrastructure, And Imperialism In Tsarist Russia, Christopher A. Hartwell, Paul Vaaler, Boris Vinogradov

Articles

Russia’s imperialism in the nineteenth century has been far less scrutinized than other episodes of great power colonization, but the Tsar’s expansion into the Caucasus was indeed an ongoing imperial project. The movement of Russian troops and settlers was only feasible with the creation of a large railway network, an undertaking for which the Tsarist regime lacked adequate funding. In response, the regime developed a system of state guarantees and incentives to attract foreign investors looking for higher returns and willing to finance railways serving the imperial project. We illustrate this point with a case study of Paris-based Crédit Lyonnais …

Legislatively Erased: The Failure Of Privacy Legislation To Protect People Connected To The Criminal Legal System, Chaz Arnett, Kate Weisburd

Faculty Scholarship

No abstract provided.

Comparative Visions For U.S. Group-Based Asylum Proposal, Lauren N. Hughes

Scholarly Articles

Images of asylum seekers and migrants desperate to enter the United States at the southern border abound in U.S. media. Less familiar to the American public, but intertwined with the highly politicized modern migration crisis, is the ever-growing backlog of pending asylum applications before both the Asylum Office and Immigration Courts. This backlog has many causes, including underresourced agencies, a growing number of asylum applicants, the high evidentiary burden and complexities inherent to asylum law, and the lack of counsel for many asylum seekers. In response to this crippling backlog, some scholars propose the adoption of a “group-based” asylum mechanism. …

Confronting Inequality: Three Eras Of Gender And Tax Scholarship, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Tax law is not neutral--it encodes social values and reinforces certain longstanding hierarchies. For over fifty years, legal scholarship at the intersection of gender and tax has exposed how seemingly neutral tax laws perpetuate gender inequality. This Article uses the metaphor of quilting to trace the evolution of this scholarly field across three distinct eras.   Part I names and defines the designing era (1971-1986), which began with Grace Blumberg's writing on the gendered impact of tax laws on marriage, labor, and caregiving; she framed taxation as a tool of social control over women. Blumberg's work laid the foundation for other …

Filling The Network Gap In Research Ethics: Analyzing Ethical Issues At Scale In Big Team Science, Susan Wolf, Gillian H. Roehrig, Timothy L. Pruett, Korkut Uygun, Claire Colby Mcvan, Evelyn Brister, Shawneequa L. Callier, Alexander M. Capron, James F. Childress, Rosario Isasi, Andrew D. Maynard, Kenneth A. Oye, Paul B. Thompson, Terrance R. Tiersch

Articles

Scientific research increasingly involves large, multidisciplinary teams networked across multiple institutions to develop new technologies. Despite the rise of complex research networks and big team science, there has been too little analysis to date of the ethical challenges facing these networks. The extensive literature on the ethical issues confronting individual researchers and small teams (the microlevel) and on the larger societal challenges flowing from research and new technology (the macrolevel) leaves a troubling gap in between, at the mesolevel of the research network involved in big team science. Yet the ability of complex networks to conduct research ethically—which is essential …

Advancing Neurotech Justice In Youth Digital Mental Health: Insights From An Interdisciplinary And Cross-Generational Workshop, Francis X. Shen, Craig W. Mcfarland, Donnella S. Comeau, Leo Anthony Celi, Benjamin C. Silverman, Sepideh Abdi, Mahsa Alborzi Avanaki

Articles

Researchers and clinicians are increasingly looking to leverage artificial intelligence (AI) and digital tools to improve psychiatric care. Of particular promise is addressing the youth mental health crisis. Yet, the introduction of AI-enabled digital technologies for psychiatric treatment of young adults raises a host of ethical, legal, and societal issues (ELSI). To provide guidance in addressing these issues, we convened a two-day meeting at the Radcliffe Institute for Advanced Study at Harvard University: Advancing Neurotech Justice in Mental Health: Insights from an Interdisciplinary and Cross-Generational Workshop. The meeting brought together a diverse cohort of 17 experts and 5 students …

Plea Bargaining In The United States Military, Frank Rosenblatt

Journal Articles

This article offers a primer on plea bargaining in the U.S. military justice system. American military justice is like criminal justice in the rest of the country in that the lion’s share of cases are plea bargained. But there are key differences between military and civilian plea bargaining. First, a central factor of negotiations in military plea bargaining is whether the accused will keep his or her job. Second, the military has a wider range of disposition options than traditional penal sanctions, including nonjudicial punishment and administrative sanctions. Finally, the military seemingly permits more discretion and offers less binding guidance …

Institutional And Procedural Aspects Of Military Justice, Frank Rosenblatt

Journal Articles

The U.S. military justice system exists to “promote justice, to deter misconduct, to facilitate appropriate accountability, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States.” It provides for disciplinary and penal sanctions of U.S. military members anywhere in the world. Given the size of the U.S. military and the scope of its operations around the world, the military justice system plays a consequential role in accountability for core international crimes, also known as atrocity crimes. The U.S. …