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Full-Text Articles in Law

Today’S Score Predictions: Establishment Clause Now Lacking Offense And Defense, Odds Favor Free Speech And Exercise For Public Schools, Skyler Martinez Jan 2026

Today’S Score Predictions: Establishment Clause Now Lacking Offense And Defense, Odds Favor Free Speech And Exercise For Public Schools, Skyler Martinez

Student Works

No abstract provided.


Walnut Tree V. Walnut Cover: A Case Study In Racial Exclusion, Annexation, & Community Lawyering, Mark Dorosin Jan 2026

Walnut Tree V. Walnut Cover: A Case Study In Racial Exclusion, Annexation, & Community Lawyering, Mark Dorosin

Journal Publications

No abstract provided.


Finding Aid Of The James Z. George Autograph Album Collection Jan 2026

Finding Aid Of The James Z. George Autograph Album Collection

Archives & Special Collections: Finding Aids (alphabetical)

The James Z. George Autograph Album contains signatures of members of the U.S. House of Representatives circa 1886 and a collection of signatures of delegates at the Mississippi Constitutional Convention of 1890.


Law Librarianship And Legal Information Science In The Age Of Genai, Paul D. Callister Jan 2026

Law Librarianship And Legal Information Science In The Age Of Genai, Paul D. Callister

Faculty Works

This article examines the relationship between law librarianship and legal information science in the age of generative AI (GenAI), arguing that closer integration between the two is essential to navigating a rapidly evolving legal information landscape. It contends that law librarianship—long grounded in stable classification systems and cognitive authority—must adopt the analytical methods of legal information science to remain effective in the digital era. Together, these fields can reinforce the rule of law by improving the organization, retrieval, and stability of legal information. The article identifies emerging subfields of legal information science that support this integration and develops several concepts …


Male Disposability, Law, And Feminism, Edward Cantu Jan 2026

Male Disposability, Law, And Feminism, Edward Cantu

Faculty Works

This article explores scientific evidence that societies care more about the welfare and safety of females than that of males, and that this dynamic of "male disposability" is deeply entrenched in culture, and thus in law. The recognition and integration of male disposability theory would mean an evolutionary leap in modern theorizing about gender and the law, but it is ignored. Why? Feminist theory dominates current academic gender discourse. Far from appreciating the explanatory power of male disposability theory, feminist theorists are often invested in theorizing gendered problems in ways that mischannel compassion away from men and toward women. The …


Iceberg Ethos: Credibility And Hemingway In Predictive Legal Writing, Brad Desnoyer Jan 2026

Iceberg Ethos: Credibility And Hemingway In Predictive Legal Writing, Brad Desnoyer

Faculty Works

In predictive legal writing, credibility is not inferred from conclusions alone. It is constructed sentence by sentence. Analytic correctness is necessary, but it is not sufficient. Supervising attorneys read prose as evidence of intellectual control, treating disciplined style as proof of substantive mastery. Yet legal writing scholarship has largely framed clarity as a matter of pedagogy or professionalism rather than as a structural theory of ethos.

This article reframes predictive writing as institutional rhetoric. Within the hierarchical environment of law practice, cognitive fluency governs professional trust: writing that is easy to process yet disciplined in reasoning reads as competence. Drawing …


Legalizing Magic Mushrooms: A Different Set Of Laws For A Different Kind Of Drug, Edward S. Adams Jan 2026

Legalizing Magic Mushrooms: A Different Set Of Laws For A Different Kind Of Drug, Edward S. Adams

Articles

This Article explores the regulation of the cannabis industry, highlighting its origins, history, and shortcomings. The Article then compares the cannabis and psilocybin industries, arguing against the replication of the cannabis regulatory structure for psilocybin. Instead, this Article will propose tailored regulatory solutions designed to address the unique characteristics of psilocybin and foster a well-regulated, safe, and effective market.


Bankruptcy Preemption Of Malicious Prosecution Actions: Cogan V. Trabucco, Alyssa Knecht Jan 2026

Bankruptcy Preemption Of Malicious Prosecution Actions: Cogan V. Trabucco, Alyssa Knecht

Cardozo Law Review de•novo

This Note examines jurisdiction over state torts that arise during a bankruptcy proceeding. Recently, the Ninth Circuit permitted a collateral attack on a state court judgment regarding malicious prosecution in Cogan v. Trabucco. The Ninth Circuit held that federal courts have exclusive jurisdiction over malicious prosecution actions and that abuse of process state torts are completely preempted by federal law. This decision left the debtor without any redress and divested state courts of jurisdiction over cases under its own tort law. This Note argues the Ninth Circuit, in Cogan, erroneously made “related to” jurisdiction exclusive and incorrectly held that federal …


Should I Have Held Your Hand Or Can You Hold Your Own?: The Growing Confusion Over The Copyright Powers Songwriters Maintain Over Their Works, Mark Galinovsky Jan 2026

Should I Have Held Your Hand Or Can You Hold Your Own?: The Growing Confusion Over The Copyright Powers Songwriters Maintain Over Their Works, Mark Galinovsky

Cardozo Law Review de•novo

As online streaming and digital downloads continue to dominate the music business, songwriters are increasingly left to fight each other for tiny cuts of the profits. Additionally, a lack of consistent judicial rules and standards when adjudicating copyright infringement claims make litigation results uncertain, causing even potentially victorious defendants to agree to expensive settlements and frivolous grants of songwriting credits. This Note argues that in order to protect the future creative output of the music industry, judges and legislators should prioritize the dwindling power songwriters have over control of their original works of authorship.


Educational Inequality In Health Insurance Coverage Before And After The Affordable Care Act, Madelaine R. Adamich Jan 2026

Educational Inequality In Health Insurance Coverage Before And After The Affordable Care Act, Madelaine R. Adamich

Journal of Earth and Life Science

Health insurance and health care accessibility have historically been ongoing issues within the United States. Two key factors associated with the likelihood of an individual being insured are educational attainment and income. The 2010 Affordable Care Act (ACA), which has been the largest overhaul of health care in the US to date, aimed to reduce disparities in health insurance coverage and health care accessibility. My research analyzes the extent to which the ACA succeeded in reducing disparities related to educational attainment. To examine the ACA’s effects, I utilize the US Census Bureau’s American Community Survey data from 2008 and 2015 …


Indigenous Land Seizure & Environmental Injustice: Impacts Of Settler Colonialism, Lydia Moorman Jan 2026

Indigenous Land Seizure & Environmental Injustice: Impacts Of Settler Colonialism, Lydia Moorman

Journal of Earth and Life Science

The fields of conservation and environmentalism prioritize ecosystem health, yet both emerged from western frameworks that displaced and criminalized Indigenous land stewardship. The idealization of “pristine wilderness” narratives served to justify the removal of Indigenous peoples from their homelands and erased millennia of sustainable land stewardship that had maintained ecological balance long before western conservation existed. These narratives not only misrepresented Indigenous relationship with land but also constructed a false dichotomy between humans and nature that positioned Indigenous presence as a threat rather than a source of ecological knowledge. Simultaneously, anthropogenic expansion; such as pipelines, mining, railroads, and other extractive …


Powering The Machine, Draining The Planet: Whether U.S. Environmental Law Is Equipped To Regulate The Energy And Water Demands Of Ai Data Centers, Michael Marcu Jan 2026

Powering The Machine, Draining The Planet: Whether U.S. Environmental Law Is Equipped To Regulate The Energy And Water Demands Of Ai Data Centers, Michael Marcu

Journal of Earth and Life Science

Artificial intelligence (AI) data centers have become one of the United States' fastest-growing and least-regulated sources of environmental stress. In 2024 alone, U.S. data centers consumed 183 terawatt-hours (TWh) of electricity more than the entire nation of Pakistan and consumed an estimated 17 billion gallons of water (IEA, 2025; Berkeley Lab, 2024). By 2030, electricity demand from these facilities is projected to reach 426 TWh, a 133% increase in six years (Pew Research Center, 2025). This paper examines whether the existing U.S. environmental regulatory framework put by the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and the …


Apalsa Faculty Of The Year Award, Asian Pacific American Law Students Association, Notre Dame Law School Jan 2026

Apalsa Faculty Of The Year Award, Asian Pacific American Law Students Association, Notre Dame Law School

Student, Faculty, and Staff Awards

Presented to a Notre Dame Law School faculty or staff member who has provided unwavering support and dedication to the AAPI (Asian American and Pacific Islander) student community and the Asian Pacific American Law Students Association (APALSA). This award recognizes contributions that foster and uphold the values, heritage, and traditions of AAPI students.


Dean Joseph O’Meara Award, Notre Dame Law School Jan 2026

Dean Joseph O’Meara Award, Notre Dame Law School

Student, Faculty, and Staff Awards

“Excellence is our platform, and we can be content with nothing less.” Presented annually to a member of the graduating class for outstanding academic achievement.

Established by the Class of 1964


Dwight King Service Award, Black Law Students Association, Ndls Jan 2026

Dwight King Service Award, Black Law Students Association, Ndls

Student, Faculty, and Staff Awards

Presented by Notre Dame Black Law Students Association to a BLSA member who has devoted considerable time, energy, and attention to both BLSA and the Notre Dame Law School community.


Jon E. Krupnick Award, Notre Dame Law School Jan 2026

Jon E. Krupnick Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Chosen by the Trial Advocacy faculty or excellence in trial advocacy.


Judge Joseph E. Mahoney Award, Notre Dame Law School Jan 2026

Judge Joseph E. Mahoney Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Recognizes a graduating law student for outstanding leadership.


Colonel William J. Hoynes Award, Notre Dame Law School Jan 2026

Colonel William J. Hoynes Award, Notre Dame Law School

Student, Faculty, and Staff Awards

The Hoynes Prize, is a gift of Dean William James Hoynes, 1878, LL.D. 1888, first dean of the Notre Dame Law School.

To the graduating law class member who has the best record in scholarship, application, deportment, and achievement.


Jessup International Moot Court Award, Notre Dame Law School Jan 2026

Jessup International Moot Court Award, Notre Dame Law School

Student, Faculty, and Staff Awards

For excellence in advocacy as part of the Jessup Moot Court Team.


Joseph Ciraolo Memorial Award, Notre Dame Law School Jan 2026

Joseph Ciraolo Memorial Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Recognizes a graduating law student who exemplifies spirit, service, and significant achievement in the face of adversity as did Joseph Ciraolo, NDLS class of 1997.


Graciela Olivarez Award, Hispanic Law Students Association, Ndls Jan 2026

Graciela Olivarez Award, Hispanic Law Students Association, Ndls

Student, Faculty, and Staff Awards

The Notre Dame Hispanic Law Student Association, HLSA, annually recognizes The Outstanding Hispanic Lawyer or Judge that best exemplifies the principles and ideals of the pioneer for whom this award is named, including commitment to community service, demonstration of the highest ethical and moral standards, and dedication to justice.


William T. Kirby Award, Notre Dame Law School Jan 2026

William T. Kirby Award, Notre Dame Law School

Student, Faculty, and Staff Awards

For Excellence in Legal Writing.

Each year, a first-year (1L) student is chosen for excellence in writing a legal memorandum and third-year (3L) student(s) are chosen for excellence in brief writing.

All award winners will be recognized in their third year on Awards Day and in the Commencement Program.


Notre Dame Law School Distinguished Teaching Award, Student Bar Associaiton Jan 2026

Notre Dame Law School Distinguished Teaching Award, Student Bar Associaiton

Student, Faculty, and Staff Awards

Notre Dame Law School Distinguished Teaching Award

Recognizing that Law School faculty members exhibit excellence in leadership, friendship, legal knowledge, legal teaching, and professional ability.


H. King Williams Memorial Award, Notre Dame Law School Jan 2026

H. King Williams Memorial Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Recognizes a graduating law student who has made a significant contribution to building community at the law school.


Whitton Prize For Excellence In Labor Law, Notre Dame Law School Jan 2026

Whitton Prize For Excellence In Labor Law, Notre Dame Law School

Student, Faculty, and Staff Awards

Established by Michael Whitton and awarded to the graduating third-year student who has demonstrated a commitment to the practice of labor and employment law through his or her course studies and work experiences


Patricia O'Hara Scholarship & Leadership Award, Notre Dame Law School Jan 2026

Patricia O'Hara Scholarship & Leadership Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Recognizes up to five graduating students who best represents a combination of scholarship and leadership.


Anne C. Hamilton Award, Notre Dame Law School Jan 2026

Anne C. Hamilton Award, Notre Dame Law School

Student, Faculty, and Staff Awards

The annual award, in memory of the Law School’s beloved registrar, recognizes the graduating law student who has done the most to help his or her fellow students during his or her time at NDLS. Anne served the law school for 33 years.


Kyle D. Smith Mock Trial Award, Notre Dame Law School Jan 2026

Kyle D. Smith Mock Trial Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Chosen by the Moot Court Trial Team faculty for excellence in mock trial.


Arthur Abel Memorial Competition Writing Award, Notre Dame Law Review Jan 2026

Arthur Abel Memorial Competition Writing Award, Notre Dame Law Review

Student, Faculty, and Staff Awards

Each spring, the Notre Dame Law Review accepts entries for the annual Arthur Abel Memorial Writing Competition. Arthur Abel was a 1985 graduate (see page 26) of the Law School, serving on both the Notre Dame Law Review (Note, 60 Notre Dame L. Rev. 1187 (1985)) and the Journal of Legislation (Note, 11 J. Legis. 317 (1984)). After several years in private practice, Arthur served as Assistant General Counsel at the Equal Employment Opportunity Commission. A tireless attorney possessed of a keen intellect and a wonderful sense of humor, Arthur achieved much success in a short period of time. …


Tia B. Paulette And Erika S. Gustin Award, Notre Dame Law School Jan 2026

Tia B. Paulette And Erika S. Gustin Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Given to the third-year law students who have demonstrated a personal and professional commitment to criminal justice and the public interest while furthering the goals of the Exoneration Justice Clinic and Notre Dame Exoneration Project student group.