Law Commons^™

Appeal No.1066: Lucky Land Management, Llc V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2025-405 , and 2025-416

Appeal No.1065: Lucky Land Management, Llc V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2025-405 , and 2025-416

Appeal No.1071: Desert Gold Oli & Gas, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2026-76 and 2026-85

Appeal No.1074: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2026-185, 2026-194, and 2026-200

Appeal No.1075: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2026-185, 2026-194, and 2026-200

Appeal No.1070: Desert Gold Oli & Gas, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2026-76 and 2026-85

Redefining Just Cause For Contract Termination In Fifa's Rstp: Striking A Fair Balance Between Player Rights And Club Interests In Light Of The Interim Regulatory Framework, Walid Ben Salah, Nayel Alomran, Noor Alhendi, Zouhaier Nouri

All Works

Introduction This article examines the concept of just cause for the unilateral termination of professional football employment contracts under FIFA's Regulations on the Status and Transfer of Players (RSTP). It pays particular attention to the changes introduced by FIFA's 2025 Interim Regulatory Framework. The RSTP aims to protect contractual stability while safeguarding the rights of both players and clubs. However, the meaning and application of just cause continue to raise important legal questions.Methods The article uses a doctrinal legal approach. It examines the RSTP, the 2025 Interim Regulatory Framework, the FIFA Commentary on the RSTP, decisions of the FIFA Dispute …

Deporting Disability, Tania Valdez

Faculty Publications

Since the enactment of the earliest migration laws in the United States, people with disabilities have been targeted for exclusion and expulsion based on stereotypes that they are either dangerous or not productive. Although some of the pejorative language regarding disability in the Immigration and Nationality Act (INA) has changed over time, certain statutory provisions and the very structure of the INA still allow ableism to operate broadly in immigration adjudications. This Article focuses on the subtle, but pervasive, ways that immigration law disfavors noncitizens with disabilities. In particular, this Article examines ableism in the context of removal (commonly known …

Ndls Communicator: Week Of 08.10.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Welcomes Global Visiting Faculty for Fall 2026

Alumni News

• Alfredo Ortega '17 LL.M.
• Nicole Matusko '08 J.D.
• JoAnn Chávez '86, '90 J.D.
• Kimberly D. West '26 J.D.

Faculty Briefs

• Jennifer MAson McAward
• Lloyd Mayer
• Paolo Carozza
• John Meiser
• Patrick Corrigan
• Mary Ellen O'Connell
• Msgr. John Paul Kimes
• Derek Muller
• Sherif Girgis
• Rick Garnett
• A.J. Bellia
• Haley Proctor
• Ashley Sanchez
• Daniel Slate
• Stefan Daniel
• Nicole Garnett
• Stephen Tierney KC

Events

• Dean's Initiative for Leadership and Scholarly Excellence (LSE)
• Welcome Week

Around the Watercooler

• Farewell to Lisa Driver
• Staff Spot Awards accepting nominations

"Because The President Said So:" Agency Reason Giving And Presidential Statements Of Will, Nina A. Mendelson

Articles

Reason giving has long been understood to legitimate administrative agency actions by assuring legal, nonarbitrary, stable, and well-considered decisions. It is core to the Administrative Procedure Act's process and judicial review provisions. But the obligation to give reasons is receiving a challenge from the political accountability side, as executive orders skyrocket and the Supreme Court moves towards unitary executive theory in decisions such as Trump v. Slaughter and Seila Law v. CFPB. In striking down independent agencies under Article II, the Court has emphasized that political accountability of agencies to the President is critical. Both the President and executive agencies …

C.S.A. Assessment - Tamp Family Health Center Portal, Delante Clark

Graduate Scholarship and Creative Works

This C.A.S. assessment evaluates how the Tampa Family Health Centers website influences userattention, cognitive processing, information accessibility, navigation efficiency, and digital user experience.The assessment examines whether the platform supports intentional engagement and informed decision-making while minimizing cognitive overload, distraction, confusion, and unnecessary attentional demands.

TFHC serves as a healthcare access portal providing appointment scheduling, patient resources, providerinformation, healthcare services, MyChart access, payment services, and community health resources.These functions make attention management and information clarity critical to successful user outcomes.

Zeus Network And The Commercialization Of Conflict: A Critical Analysis Of Exploitation, Representation, And Reality Television, Delante Clark

Graduate Scholarship and Creative Works

This study examines Zeus Network as a prominent example of the commercialization of conflict within contemporary digital media. Through reality based programming that frequently emphasizes confrontation, public humiliation, emotional volatility, and interpersonal disputes, the network has cultivated a profitable entertainment model built upon spectacle and controversy. Drawing upon conflict theory, critical race theory, and media sociology, this paper investigates whether Zeus functions as a platform for cultural representation and economic opportunity or as a system that monetizes dysfunction for audience consumption. Particular attention is given to the portrayal of Black women and Black communities, whose experiences often become central to …

Jessica De Falco V. The State Of Nevada, 142 Nev., Adv. Op. 51 (Aug. 06, 2026), Umar Abdullah

Nevada Supreme Court Summaries

It is not a violation of separation of powers when a prosecuting attorney withholds consent to a jury trial waiver under NRS 175.011(1) because the state constitution protects both parties' right to jury trial.

Strings Attached: Science Regulation By Science Funders, Nicholson W. Price Ii

Reviews

Who regulates the physical and informational risks of scientific research? Who makes sure that researchers keep intensely personal data secret, or lock their dangerous chemicals away safely, or don't haphazardly create superviruses that could kill us all? You could be forgiven for assuming it was, well, a regulator—OSHA or the CDC or some similar entity that can promulgate binding rules and enforce them. But as Doni Bloomfield shows in the fascinating How Science Grantmakers Govern, you’d be (mostly) wrong. Instead, a key substantive and procedural regulator of the risky business of scientific research is, in fact, the funder of that …

Lessons Learned For The Independent Panel For Evidence For Action Against Amr From Previous International Science Panels: Stakeholder Views From The 2025 Lagos Workshop, Iruka N. Okeke, Anthony Mcdonnell, Ayodele A. Akinyele, Javier Guzman, Kevin Outterson

Faculty Scholarship

In September, 2024, the UN General Assembly assigned the Quadripartite Joint Secretariat on Antimicrobial Resistance (AMR) the task of establishing an Independent Panel for Evidence for Action against AMR (IPEA). To promote stakeholder views and input around the constitution and functioning of this Panel, which could feed into the Quadripartite Joint Secretariat’s consultation process, we independently commissioned seven papers to examine the lessons that could be learned from other high-level scientific panels. We then convened 85 stakeholders, primed with the background papers. The Workshop, held in Lagos, Nigeria in April, 2025, drew representation from around the world, particularly low-income or …

Who Controls The Block? How States Can Regulate Tokenized Residential Real Estate, David J. Reiss, Joseph Bizub, Justin Peralta

Cornell Law Faculty Working Papers

In July 2025, the City of Detroit filed a major nuisance abatement action against RealT, a fintech that had sold blockchain-based fractional interests in more than four hundred Detroit rental properties to some 22,000 investors around the world. Within a year, a court had ordered the company’s rents into escrow, the company had conceded to its investors that its “model no longer works,” and it had announced the liquidation of its portfolio -- leaving tenants without basic services and token holders facing steep losses.

This article uses the rise and collapse of RealT, together with case studies of the other …

Ai In Arbitration: A Chance To Lead, Not Only A Risk To Manage, Barry Appleton

Other Publications

No abstract provided.

A Poetic Call For And A Reflection And Commentary On Clarity, Understanding, Hope, Courage, And Compassion, Carroy U. Ferguson

Psychology Faculty Publication Series

Finding a published poem I had written as a teenager, titled “The Heavens Weep.” this article uses that poem as the basis for a commentary that reflects on the state of the world today (2026),  As a commentary, the article uses the poetic and metaphoric words in the poem as a relevant "reality check" for what is still going on today.  In essence, the commentary is about a call for Clarity, Understanding, Hope, Courage, and Compassion, or what I call Archetypal Energies, Higher Vibrational Energies that operate deep within our individual and collective psyches to creatively urge us to "see" …

Technological Competence And Generative Artificial Intelligence: Canadian Law Students’ Understanding And Use In Legal Education And Legal Practice, Hannah Rosborough

Reports & Public Policy Documents

This report presents results from a national survey examining Canadian JD students' and recent graduates' understanding of technological competence and their use of generative artificial intelligence in legal education and legal practice.

The survey collected responses from 631 students and recent graduates across Canadian law schools between November 2025 and January 2026, combining closed-ended questions with thematic analysis of open-ended responses. The survey addressed how students understand the duty of technological competence under the Model Code, how they use generative AI in coursework and legal workplaces, their confidence in the accuracy of these tools, the guidance and training they receive, …

Data Centers Face Volatile Regulatory Landscape, Michael B. Gerrard

Sabin Center for Climate Change Law

The construction of new data centers for artificial intelligence has become a major engine of the U.S. economy. More than 700 data centers are now under construction across 40 states, with many more to come.

These are typically multi-billion-dollar projects. This boom is facing growing public opposition, which has led to an extremely volatile regulatory land-scape, especially at the state and local levels. That landscape is the subject of this article. This volatility has raised the cost of capital for data centers and led to the cancellation of many, and to heightened due diligence by lenders and others.

De-Centering And Re-Centering Digital Scholarship, Ten Years On, Matthew Hunter, Aaron Retteen, Micah Vandegrift

Faculty Scholarship

Ten years after the publication of a manifesto attempting to describe what digital scholarship could do for and within libraries, some of the original authors reflect on the progress of the call-to-action. This article describes areas in which the integration of digital scholarship activities as core parts of librarianship has and has not become commonplace and traces larger-scale developments in the academy and global knowledge landscape that have contributed to the accuracy of the predictions made in 2017.

Trademarks, Functionality, And Competition, Glynn Lunney

Faculty Scholarship

Courts and commentators have long thought that the purpose of trademark and unfair competition law is to distinguish fair competition from unfair competition and prohibit the latter. Yet, trademark law has a more fundamental, more foundational purpose. Before trademark law can distinguish fair competition from unfair competition, there must first be competition. That makes ensuring competition trademark law’s highest priority. Identifying and prohibiting unfair competition becomes, by necessity, a subordinate concern. Until 1982, courts recognized this hierarchy and enforced a broad and flexible functionality limitation on trademark or trade dress protection to ensure competitive markets. In 1982, however, this changed. …

Law Enforcement With Rent Dissipation, Murat C. Mungan, J. Shahar Dillbary

Faculty Scholarship

We consider a framework which brings together losses arising from rent-dissipation and the workhorse model of law enforcement. Governmental actors engage in a contest to share the proceeds from the enforcement of the law through monetary fines, which leads to rent-dissipation. This causes monetary sanctions to be costly, rendering the model used for studying nonmonetary sanctions a better fit for their analysis. The effect of rent-dissipation on optimal sanctions is directly related to the sanction elasticity of offenses measured at the classic optimum (i.e., where the expected sanction equals the direct harm from the offense). When offenses are inelastic, the …

Constitutional Drafting Processes And Constitutional Success, Adam Chilton, Murat C. Mungan, Mila Versteeg

Faculty Scholarship

Several recent constitution-making processes have been celebrated for being participatory, inclusive, and representative. However, many of these processes also failed. We theorize that aspects of these kinds of constitutional drafting processes could reduce the probability of constitutional success. To show why, we construct a “Constitution Drafting game” (CD game) in which representatives from different interest groups must draft a constitution. We consider the case where the probability of constitutional success is single peaked, but the value from successful adoption is increasing in the degree of issue protection chosen. The drafting process then leads to protection choices that are above those …

Three Decades Of Supreme Court Copyright Decisions: A Peek Behind The Scenes, Jonathan Band

Joint PIJIP/TLS Research Paper Series

This article discusses the revelations in the case files of eight Supreme Court Justices concerning eighteen copyright-related decisions issued by the Court between 1973 and 2005. The papers show the Court as a profoundly human institution, with the Justices often struggling to craft 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 cases, the final opinion was anything but inevitable. This was particularly so with Sony Corporation of America v. Universal City Studios, 464 U.S. 417 (1984), …

Summary Report: Second Conference On Attribution Science And Climate Law, Jessica A. Wentz

Sabin Center for Climate Change Law

The Sabin Center for Climate Change Law and the Columbia Climate School hosted the Second Conference on Attribution Science and Climate Law at Columbia University on June 10–11, 2026. This event brought together an interdisciplinary group of researchers and practitioners to discuss recent developments in attribution science and the field’s relevance to climate law and policy. Participants included physical scientists, public health researchers, economists, social scientists, legal scholars, advocates, and policy experts. This report provides a written summary of the conference proceedings.

Deemed Acceptance, Not Deemed Consent: Nonvoting Stakeholders And A Uniform Conspicuousness Standard For Opt-Out Third-Party Releases, Zach Cavagnaro

Student Scholarship

After Harrington v. Purdue Pharma, the fight over third-party opt-out releases has shifted from whether consent is necessary to what consent means. The Supreme Court held that the Bankruptcy Code does not authorize non-consensual nondebtor releases outside 11 U.S.C § 524(g), and—critically—left out what exactly counts as consent. The fight over consent is expected to command a lot of litigation, so a simple, uniform conspicuousness standard for nonvoting stakeholders’ opt-out releases can help alleviate litigation costs and focus on the definition of consent. This Comment argues that courts should evaluate consent through a unified, contract-law-grounded conspicuousness standard calibrated to the …

Not A Pretty Picture: Race, Gender, And Inequality In The Legal Profession And Legal Education, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

Responding to renewed interest in law school as a path to a career “to do well and do good,” this essay examines Nelson, Dinovitzer, Garth, Sterling, Wilkins, Dawe, and Michelson’s The Making of Lawyers’ Careers and its account of inequality and opportunity in the American legal profession. Based on a 20-year study of more than 2,000 lawyers, the book traces how credentials, race, gender, class, and law school selectivity profoundly shape career trajectories. The essay situates those findings within the divide in private practice between corporate practice and people law and interrogates the professional ideology—rooted in the lawyer’s traditional role …

2026 Concise Summer Update To The Corporations Curriculum - Caremark: The Board’S Duty Of Oversight Regarding Work Force Safety & Sexual Misconduct, Sarah Haan

Faculty Scholarship

No abstract provided.

Bar Prep As A Balancing Act: The Process, Pitfalls, And Payoffs Of Juggling Multiple Commercial Bar Review Resources, Tiffane Cochran, Andrea M. Pals

AccessLex Institute Research

AccessLex Institute® undertook a study to understand how Spring 2025 law graduates leveraged commercial bar review resources to prepare for the July 2025 bar exam. Across three surveys administered in April 2025, August 2025, and January 2026, we explored the graduates’ intended and actual use of commercial bar review resources, their approaches to allocating time among bar review resources, and whether those approaches resulted in bar exam success. The data yield a few key observations:

• Nearly all respondents used a commercial bar review course in combination with one to three supplemental resources, ramping up the number of hours they spent …