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Full-Text Articles in Law

Brief Of Amici Curiae Immigration Law Professors In Support Of Respondent, Peter L. Markowitz, Lindsay Nash Mar 2026

Brief Of Amici Curiae Immigration Law Professors In Support Of Respondent, Peter L. Markowitz, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by immigration law professors in support of the respondent in Bondi v. Lau before the Supreme Court of the United States. The brief argues that lawful permanent residents returning from travel abroad may not be treated as seeking admission unless they satisfy the statutory criteria set forth in the Immigration and Nationality Act. It further contends that ambiguities in deportation statutes should be resolved in favor of noncitizens under the longstanding immigration rule of lenity.


Access To Justice After Medina V Planned Parenthood South Atlantic, Daniel G. Aaron, Nicole Huberfeld Mar 2026

Access To Justice After Medina V Planned Parenthood South Atlantic, Daniel G. Aaron, Nicole Huberfeld

Faculty Scholarship

Access to justice is “the ability of all people to seek and obtain effective remedies through accessible, affordable, … and culturally competent institutions of justice.”1 Historically, patients and physicians have worked together to protect the integrity of medical care as well as patients’ rights by challenging unlawful government actions in court. Yet the US Supreme Court recently issued decisions that may impede access to justice, potentially empowering federal, state, and local governments to interfere with evidence-based care. We explore constraints on access to justice that may arise after Medina v Planned Parenthood South Atlantic (PPSA) (606 US 357, 2025), …


Am. Civil Liberties Union Vs. Clark Cnty. School Dist., 142 Nev. Adv. Op. 24 (March 26, 2026), Jacob Stephenson Mar 2026

Am. Civil Liberties Union Vs. Clark Cnty. School Dist., 142 Nev. Adv. Op. 24 (March 26, 2026), Jacob Stephenson

Nevada Supreme Court Summaries

Information contained in an investigative file is exempt from the NPRA’s general disclosure requirement to the extent that the information is confidential under NRS 289.080.


Government Goes Goop, Jennifer D. Oliva Mar 2026

Government Goes Goop, Jennifer D. Oliva

Emory Law Journal Online

This Article argues that the appointment of prominent wellness and antivaccine figures to senior federal health positions marks the culmination of a long-running evolution in American health fraud—from nineteenth-century traveling medicine shows to the institutional capture of government health agencies. Drawing a direct lineage from patent medicine marketing to contemporary wellness conspiracism, this Article demonstrates how tactics perfected by early medicine show entrepreneurs—emotional manipulation, conspiratorial framing, anti-establishment positioning, and the exploitation of information asymmetries—have persisted across regulatory and technological shifts, ultimately achieving unprecedented political legitimacy.

This Article traces this evolution through the deregulated supplement marketplace created by the Dietary Supplement …


Law School News: Isiah Dipina L'27: From Personal Experience To Policy Change 3-26-2026, Jane Govednik Mar 2026

Law School News: Isiah Dipina L'27: From Personal Experience To Policy Change 3-26-2026, Jane Govednik

Life of the Law School (1993- )

No abstract provided.


Rethinking How The United States And Mexico Share The Colorado River, Eric Kuhn, Anne Castle, Carlos De La Parra, John Fleck, Jack Schmidt, Kathryn Sorensen, Katherine Tara Mar 2026

Rethinking How The United States And Mexico Share The Colorado River, Eric Kuhn, Anne Castle, Carlos De La Parra, John Fleck, Jack Schmidt, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

Since 1945, the United States and Mexico have managed common interests on their two largest shared rivers systems, the Colorado and the Rio Bravo/Rio Grande, under the terms of the 1944 international treaty that was designed from the beginning with tools to adapt to changing hydrologic and societal conditions. A recent emergency agreement on the Rio Bravo/Rio Grande illustrates what is possible, and with old river management rules on the Colorado both within the United States and between the United States and Mexico about to expire, we are at a moment of opportunity for meaningful change. The core problem on …


Cardozo Stands Alone With A+ In Trial Advocacy From Above The Law, Benjamin N. Cardozo School Of Law Mar 2026

Cardozo Stands Alone With A+ In Trial Advocacy From Above The Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law received an A+ in Trial Advocacy from Above the Law in its 2026 law school rankings, becoming the only law school in the nation to earn the highest distinction. The recognition highlights Cardozo's Intensive Trial Advocacy Program (ITAP), experiential curriculum, simulation courses, clinics, and competitive advocacy programs that prepare students for courtroom practice.


Brief For Amici Curiae Immigration Law Scholars In Support Of Petitioners-Appellees' Petition For Rehearing En Banc, Lindsay Nash Mar 2026

Brief For Amici Curiae Immigration Law Scholars In Support Of Petitioners-Appellees' Petition For Rehearing En Banc, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by immigration law scholars, including Cardozo School of Law Professor Lindsay Nash, in Buenrostro-Mendez v. Bondi and Covarrubias v. Vergara before the U.S. Court of Appeals for the Fifth Circuit. The brief supports rehearing en banc and argues that 8 U.S.C. § 1225(b)(2)(A) does not authorize mandatory, no-bond detention of noncitizens apprehended within the interior of the United States. Drawing on statutory text, legislative history, and the historical development of immigration detention, the amici contend that such detention authority has historically been limited to individuals seeking admission at the border.


16th Annual Ballsa Celebration Informational Flyer, Benjamin N. Cardozo School Of Law Mar 2026

16th Annual Ballsa Celebration Informational Flyer, Benjamin N. Cardozo School Of Law

16th Annual BALLSA Celebration (2026)

Informational flyer for the 16th Annual BALLSA Celebration held on March 23, 2026, at The Benjamin N. Cardozo School of Law. The flyer includes event details, location information, QR code registration access, and a description of the annual celebration honoring Maurice Q. Robinson ’09 and recognizing the achievements and contributions of Cardozo’s diverse community.


16th Annual Ballsa Celebration Sponsorship Opportunities, Benjamin N. Cardozo School Of Law Mar 2026

16th Annual Ballsa Celebration Sponsorship Opportunities, Benjamin N. Cardozo School Of Law

16th Annual BALLSA Celebration (2026)

Sponsorship opportunities packet for the 16th Annual BALLSA Celebration held at The Benjamin N. Cardozo School of Law on March 23, 2026. The document outlines sponsorship levels, scholarship donations, and recognition opportunities supporting the annual celebration honoring the achievements and contributions of Cardozo’s diverse community. The 2026 celebration honored Maurice Q. Robinson ’09.


16th Annual Ballsa Celebration Sponsor Recognition Graphic, Benjamin N. Cardozo School Of Law Mar 2026

16th Annual Ballsa Celebration Sponsor Recognition Graphic, Benjamin N. Cardozo School Of Law

16th Annual BALLSA Celebration (2026)

Sponsor recognition graphic for the 16th Annual BALLSA Celebration held at The Benjamin N. Cardozo School of Law on March 23, 2026. The graphic acknowledges sponsors and supporters of the annual celebration honoring the achievements and contributions of Cardozo’s diverse community. Featured sponsors include alumni, law firms, organizations, and community partners supporting the event and its mission.


Mmu: 03/23/26-03/29/26, Student Bar Association Mar 2026

Mmu: 03/23/26-03/29/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements


Understanding “Truth Of The Matter Asserted”, Frank Rosenblatt Mar 2026

Understanding “Truth Of The Matter Asserted”, Frank Rosenblatt

Journal Articles

Many people struggle to understand hearsay. It’s not their fault. The hearsay definition is confusing and unhelpful, especially its final phrase: that hearsay is an out-of-court statement1 offered to prove “the truth of the matter asserted” in the statement.2 What does “truth of the matter asserted” mean? The definition’s plain language isn’t much help. This paper shares the basic example that I have found to be most effective in my law school evidence classes to diagnose hearsay.


The Changing Legal Landscape Of Cookie Banner Claims: Is Arbitration The Answer?, Jared Berklee Mar 2026

The Changing Legal Landscape Of Cookie Banner Claims: Is Arbitration The Answer?, Jared Berklee

Cardozo Journal of Conflict Resolution (CJCR) Blog

Website cookie banners have become a ubiquitous part of internet browsing and are often overlooked by the average consumer. When cookies malfunction or a website operator fails to obtain proper user-consent, it creates risk for potential privacy-related litigation regarding misrepresentation of data-collection practices. In several recent class action lawsuits filed in California, plaintiff-users claim to have opted out of non-essential cookies, but malfunctioning cookie banners continued to log user information. Often alleging unauthorized interception of their electronic communications under the California Invasion of Privacy Act (CIPA) or intrusion upon seclusion, consumers have brought claims against a variety of entities, including …


Law School News: From Textbooks To Truth: A Civil Rights Journey 3-23-2026, Naomi Zhang Mar 2026

Law School News: From Textbooks To Truth: A Civil Rights Journey 3-23-2026, Naomi Zhang

Life of the Law School (1993- )

No abstract provided.


Bauer V. Beamon: Clothing Equitable Rescission’S Flexible Nature In A Rigid Straitjacket, Hunter Canfield Mar 2026

Bauer V. Beamon: Clothing Equitable Rescission’S Flexible Nature In A Rigid Straitjacket, Hunter Canfield

Arkansas Law Notes

Fraudulent deals, shady contracts, and questionable transactions occur daily. But when the truth is not disclosed and deceit seeps into the heart of a transaction, is there recourse for those affected? Historically, courts of equity have provided remedies where legal relief often fails. For instance, consider a home buyer who, after closing, discovers previously undisclosed toxic mold or structural defects that compromise the property’s habitability. Monetary damages alone may not truly restore the home buyer—especially if the property’s condition is so severe that the buyer would never have purchased the home had the truth been disclosed. In precisely these situations, …


Ndls Communicator: Week Of 03.23.26, Notre Dame Law School Mar 2026

Ndls Communicator: Week Of 03.23.26, Notre Dame Law School

NDLS Communicator

The Latest News

  • Notre Dame Law School to Host Second Annual Death Penalty Abolition Week, March 23-27, 2026

Student News

  • Jessup International Law Moot Court Team
  • Moot Court Board
  • Matthew Krauter
  • Oliver To, Liam Deschamps, & Clara McCormick
  • Black Law Students Association

Faculty Briefs

  • Patrick Corrigan & Bobby Reddy
  • Sherif Girgis
  • Rick Garnett
  • Jimmy Gurulé
  • Mary Ellen O'Connell
  • Brendan Wilson & Brett Cavanaugh
  • David McIlroy

ND Law in the News

  • The Eviction Clinic was featured by WSBT

Events

  • Law & Economics Workshop - Patrick Corrigan, Is Confidential Supervisory Information Material to Investors? Evaluating the Conflict between Banking and Securities Law …


Ethics Of Artificial Intelligence For Lawyers: Standalone Resource: Model Policy And Training Program For Responsible Ai Use, Cliff Mckinney Mar 2026

Ethics Of Artificial Intelligence For Lawyers: Standalone Resource: Model Policy And Training Program For Responsible Ai Use, Cliff Mckinney

Arkansas Law Notes

Every significant technological change in law, including computers, email, and online research, has required practical tools to implement ethically. Artificial intelligence is no different. This final installment of the artificial intelligence ethics series offers a “starter kit” for responsible adoption by law firms: a Model Law Firm Policy on the Responsible Use of Artificial Intelligence and a Model Training Program for Legal Professionals.

With this installment, the Ethics of Artificial Intelligence for Lawyers series comes full circle. We have moved from the first sanction cases, to the ABA’s initial guidance, to legislative and regulatory developments, and now to practical steps …


The Case For Recognizing Informally Adopted Children As Heirs In Arkansas, Joel Gaffney Mar 2026

The Case For Recognizing Informally Adopted Children As Heirs In Arkansas, Joel Gaffney

Arkansas Law Notes

Americans are steadily moving away from the nuclear family towards an understanding of family less defined by shared DNA or last names. This is especially prominent in the way children are raised. More children are being born to single or unmarried parents, and a fair number of children are being raised by nonparents. Such nonparental caretaking can manifest as “informal adoption,” where there is no biological or legal parent-child relationship but there is a functional parent-child relationship. Certain areas of the law sometimes struggle to keep up with these changes in the meaning society assigns to “family.” Statutory probate law …


Facing The Constitution: How Facial Recognition Technology Threatens Fourth Amendment Protections And Deepens Racial Inequality, Bailey Mandell Mar 2026

Facing The Constitution: How Facial Recognition Technology Threatens Fourth Amendment Protections And Deepens Racial Inequality, Bailey Mandell

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

It is very unlikely you have ever consented to a police lineup. Yet if you have a driver’s license or a social media account, you may already be in one. A new kind of digital lineup has emerged, one that never ends and requires neither your knowledge nor consent. Facial recognition technology (“FRT”)is a biometric identification method that creates a digital template of a person’s face using measurements such as the distance between the eyes, the width of the nose, the length of the jawline, and the shape of the cheekbones. Algorithms then compare that template either to a second …


Holding Isps Accountable? Secondary Liability And The Impact Of Cox V. Sony, Emma Steffes Mar 2026

Holding Isps Accountable? Secondary Liability And The Impact Of Cox V. Sony, Emma Steffes

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Supreme Court is currently considering a case that could significantly affect current secondary liability principles under copyright law: Cox Communications, Inc. v. Sony Music Entertainment. The case poses a deceptively simple question: asking when an internet service provider should be legally responsible for the illegal actions of its users? The answer could reshape the relationship between copyright owners, internet companies, and all online users.


Vetter V. Resnik: An International Dilemma, Catherine Stagliano Mar 2026

Vetter V. Resnik: An International Dilemma, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Typically, copyright lawyers around the nation look to the Second Circuit, presiding over New York City, and the Ninth Circuit, similarly moderating Los Angeles, for pivotal intellectual property legal decisions. On January 12, 2026, however, the Court of Appeals for the Fifth Circuit released an opinion that has upended seemingly settled music publishing principles. Donald Passman’s textbook “All You Need to Know About the Music Business”, a source read by aspiring music industry professionals, describes termination rights as:

One of the best goodies that creators got in the 1976 Copyright Law is the right of termination. The termination provisions say …


A Prosecutor’S Ethical Duty To Divert, Jordan Stevenson Mar 2026

A Prosecutor’S Ethical Duty To Divert, Jordan Stevenson

Legal Writing Competition Winners

In an American courtroom, litigants are divided across an aisle, a gavel grants or divests rights, and a community takes sides. This creates a narrative of duality in the justice system, which many believe is vital to the adversarial legal system. A criminal trial is seen as perpetrator versus victim, but the legal posture is actually government versus individual. In fact, a prosecuting attorney has ethical obligations not just to victims, witnesses, and the broader community, but to defendants as well, in part due to their tremendous discretion to bring or dismiss criminal charges. A prosecutor’s power is far too …


Cardozo Law News Brief: March 20, 2026, Benjamin N. Cardozo School Of Law Mar 2026

Cardozo Law News Brief: March 20, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the March 20, 2026, Cardozo Law News Brief include:

  • Professor Monroe Price, former dean of Cardozo Law and a distinguished scholar, passed away at age 87, remembered for his decades of leadership, mentorship, and contributions to the law school community.
  • Professor Lindsay Nash spoke to the Houston Chronicle about local police coordinating with ICE, noting ongoing legal challenges surrounding immigration enforcement.
  • Professor Wilfred Codrington III was quoted in Bloomberg Law on the selection of a new leader for the American Constitution Society.
  • Professor Tyson-Lord Gray spoke to USA Today about SNAP policy, explaining longstanding federal limits on …


Welcome To The Trump Administration’S Board Of Immigration Appeals. The Immigrant Always Loses., Jason A. Cade Mar 2026

Welcome To The Trump Administration’S Board Of Immigration Appeals. The Immigrant Always Loses., Jason A. Cade

Scholarly Works

The first 100 opinions in Volume 29 of the Board of Immigration Appeals’ precedential decisions—issued at more than three times the historical pace—constitute a project. The Trump Administration has used the Attorney General’s self-referral power and a reconstituted, ideologically aligned Board to engineer a body of precedents that reliably produces one result: removal. This Essay organizes these decisions, cataloged in a full Appendix, into five main categories: (1) narrowing relief for noncitizens alleging persecution; (2) expanding mandatory detention while narrowing discretionary release; (3) maximizing the immigration consequences of criminal history and related grounds while foreclosing the relief mechanisms Congress created …


Survival Politics On A Working Waterfront: Rules Change Faster Than Prices In The South Texas Shrimp Fishery, Owen Temby, Anthony R. Lima Mar 2026

Survival Politics On A Working Waterfront: Rules Change Faster Than Prices In The South Texas Shrimp Fishery, Owen Temby, Anthony R. Lima

School of Earth, Environmental, & Marine Sciences Faculty Publications

In 2024–2025, the U.S. and Texas governments raced to save Gulf shrimp. Texas passed a truth-in labeling law for food service in restaurants. Federal agencies added antidumping and countervailing duty orders and new tariffs. This case follows Brownsville and Port Isabel, where dock prices slid while boats and crews aged. We frame the response as survival politics: urgent and improvised moves to keep a livelihood going even when imports set the price. Using legislative hearings, agency notices, local reporting, and port records, we show that rules reset faster than prices. Inventories, contracts, and supplier substitution delay any lift at the …


Law School News: Women In Law Leadership Lecture Welcomes Victims' Rights Attorney Carrie Goldberg To Roger Williams University School Of Law 3-19-2026, Mikayla Larguinha Mar 2026

Law School News: Women In Law Leadership Lecture Welcomes Victims' Rights Attorney Carrie Goldberg To Roger Williams University School Of Law 3-19-2026, Mikayla Larguinha

Life of the Law School (1993- )

No abstract provided.


Inexorably Entangled Environmental And Knowledge Commons, Todd Aagaard, Brett M. Frischmann Mar 2026

Inexorably Entangled Environmental And Knowledge Commons, Todd Aagaard, Brett M. Frischmann

Faculty Publications

For people to effectively share an environment, they usually also must effectively share knowledge about that environment. While seemingly obvious and intuitive, this insight is often overlooked in literature about governing resources as commons. Focusing on the knowledge commons associated with an environmental commons helps to illuminate a host of complex governance dilemmas. This chapter examines the interrelationship between environmental and knowledge commons, weaving together different strands of commons research and practice. Examples discussed include shared pastures, forests, road systems, computer servers, social media platforms, living rooms, and antimicrobial effectiveness/resistance.


The U.S. Intervention In South Africa V. Israel At The Icj Gets A Failing Grade, Menachem Z. Rosensaft Mar 2026

The U.S. Intervention In South Africa V. Israel At The Icj Gets A Failing Grade, Menachem Z. Rosensaft

Cornell Law Faculty Working Papers

No abstract provided.


How The Irs Is Trying To Encourage Taxpayer Buy-In Post-Appeal Mediation, Lingxi Qu Mar 2026

How The Irs Is Trying To Encourage Taxpayer Buy-In Post-Appeal Mediation, Lingxi Qu

Cardozo Journal of Conflict Resolution (CJCR) Blog

With the 2025 tax return season underway, taxpayers may have dispute resolution options if tax-related disagreements with the IRS occur. Before pursuing litigation, taxpayers can pursue several dispute-resolution options provided by the IRS, including fast track (“FTS”), early referral, and post-appeals mediation. Choosing an appropriate program depends on the status of the disputes and who is currently managing your case. When taxpayers have ordinary unsuccessful appeals negotiations, they can file a request to the IRS Independent Office of Appeals for a non-binding mediation.  This will allow a neutral third-party to facilitate conversations between parties without experiencing costly and exhaustive litigation, …