Law Commons^™

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

Cornell Law Faculty Working Papers

No abstract provided.

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, …

Can Mayor Mamdani Freeze The Rent? It’S Complicated, Nestor Davidson, David J. Reiss

Cornell Law Faculty Publications

In Can Mayor Mamdani Freeze the Rent? It’s Complicated, former New York City Rent Guidelines Board (RGB) chairs Nestor Davidson and David Reiss examine the legal and policy realities behind Mayor Zohran Mamdani’s campaign promise to freeze rents for the city’s approximately one million rent-stabilized apartments. The authors explain that, although the mayor appoints members of the RGB, state law grants the board—not the mayor—the authority to set annual rent adjustments using statutory criteria and economic data. They argue that the RGB must independently evaluate evidence concerning tenant affordability, landlord operating costs, and the overall health of the city’s …

Professor Monroe Price, Former Cardozo Dean And Distinguished Scholar, Dies At 87, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law commemorates the life and legacy of Professor Monroe Price, who served as dean from 1982 to 1991 and helped shape the school's growth and academic identity. A pioneering scholar in media law and legal education, Price founded and advanced numerous signature programs at Cardozo while making lasting contributions to intellectual property, communications law, American Indian law, and international legal scholarship.

Cardozo Alumna Taylor Brown ’17 Appointed Director Of Nyc's New Office Of Lgbtqia+ Affairs, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo Law alumna Taylor Brown ('17) was appointed the inaugural director of New York City's Office of LGBTQIA+ Affairs. The announcement highlights Brown's historic appointment, her leadership in civil rights advocacy, and her previous work with the New York State Attorney General's Office, the American Civil Liberties Union, and Lambda Legal.

Institutional And Ideational Features Of Canadian-Us Fishery Management Networks: Connectivity, Coherence, And Collaboration, Owen Temby, Evelyn Roozee, Dongkyu Kim, Jasper R. De Vries, Derek A. Katznelson, Antonia Sohns, Gordon M. Hickey

School of Earth, Environmental, & Marine Sciences Faculty Publications

This article examines fishery management along and across the Canadian-US border through the comparison of collaborative transboundary networks in four regions: the Salish Sea, the Great Lakes, the Gulf of Maine, and the northern region including the Gulf of Alaska and the Hecate Strait. Transnational fishery management is an inter-organizational and multi-jurisdictional enterprise constituted by shared understandings of a suite of tasks and by communications among the participants. We use survey data to summarize the inter-organizational scale and participation in the networks, the centrality of different organization types, the factors that contribute to network formation, other ideational network traits like …

The Business Of Ai-Producing Startups: Evidence From A Worldwide Survey, James Bessen, Stephen Michael Impink, Robert Seamans

Faculty Scholarship

We report results from a multi-year, worldwide survey of artificial intelligence (AI)-producing startups to describe the types of technologies, frameworks, data protection, and partnerships nascent firms use to develop their AI products. Analyses of our survey findings also inform how startups gather the resources to commercialize their AI applications in alignment with their entrepreneurial strategies, address competitive barriers, and respond to regulations. These data provide initial evidence of the perceived impact of these products on their customers’ tasks and industries, suggesting that these firms’ AI products not only reduce labor costs but augment human capabilities.

Mmu: 03/16/26-03/22/26, Student Bar Association

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The Section 301 Surge Continues: Investigating The Adoption/Enforcement/Administration Of Forced Labor Import Bans, Desiree Leclercq

Faculty Datasets

This blog post critiques the March 12, 2026, announcement by the Office of the U.S. Trade Representative (USTR) launching a sweeping Section 301 investigation into 60 economies—including the European Union, Canada, and Mexico—for failing to effectively prohibit forced labor imports. While the U.S. claims these regulatory failures harm domestic commerce, the author argues that the investigation highlights deep flaws in American trade governance. Specifically, the critique outlines four primary deficiencies in the U.S. approach: inadequate Customs and Border Protection (CBP) procedures lacking independent oversight, a dramatic decline in CBP enforcement actions, mistargeted pressure against the EU despite its superior evidentiary …

Alternative Negotiators: Why It Is Important To Change The Negotiators Between Russia And Ukraine, Abraham Mandelbaum

Cardozo Journal of Conflict Resolution (CJCR) Blog

Since Russia’s annexation of Crimea in 2014, and especially after its full-scale invasion in 2022, repeated diplomatic efforts, primarily between the U.S. and Russia, and to a lesser extent between the U.S. and Ukraine, have failed to produce a lasting peace. For example, in 2025, President Vladimir Putin proposed a new round of ceasefire talks in Istanbul following the expiration of a unilateral three-day truce and renewed drone attacks on Kyiv. European leaders and Ukrainian President Volodymyr Zelenskyy rejected the proposal, insisting that any negotiations must begin with an unconditional ceasefire. Since then, neither side has unconditionally surrendered.

The print …

Innovating For Access: Ai-Enhanced Triage & Intake For Legal Services Organizations, Heidi Behnke

Duke Center on Law & Technology

Artificial intelligence (AI) offers opportunities to meaningfully narrow the access to justice gap by improving the ability of Legal Services Organizations (LSOs) to connect individuals with pro se resources and more effectively connect with individuals who could not otherwise advocate for themselves. Some LSO early adopters have already developed or are in the process of developing such tools. Others are unsure where or how to start.

The results of semi-structured interviews of LSO staff, technology vendors, and leaders/experts in fall 2025 provide information that may assist LSOs in responsibly integrating AI-tools into their triage and intake systems. This paper includes …

Ndls Communicator: Week Of 03.16.26, Notre Dame Law School

NDLS Communicator

The Latest News

• U.S. Supreme Court Justice Clarence Thomas Reflects on Law, Faith, and Judicial Responsibility at Notre Dame Law School
• Notre Dame Law School Delegation Visits Insper in São Paulo, Brazil for Joint Faculty Workshop and Scholarly Exchange
• Notre Dame Law School continues exchange partnership with Ukrainian Catholic University

Alumni News

• Kyle Sommer '09 J.D.

Student News

• J.S.D. candidate Perla Khattar

Faculty Briefs

• Ashley Sanchez
• Derek Muller
• Emily Bremer
• Paul Miller
• Brett Cavanaugh
• Paolo Carozza
• Jimmy Gurulé
• Mary Ellen O'Connell
• A.J. Bellia
• Patrick Corrigan
• Daniel Slate & Paolo Carozza
• Vincent Phillip Muñoz
• Lloyd Mayer

ND Law in the News …

The Bankruptcy Revolving Door, Belisa Pang

Articles

The American consumer bankruptcy system is a costly regime with profound societal implications. Between 2008 and 2023, consumers filed 13.8 million bankruptcy cases across the ninety-four federal bankruptcy districts in the United States, generating over $4 billion in court filing fees alone. When accounting for attorney fees, trustee expenses, creditor costs, and broader economic externalities—such as increased interest rates borne by other consumers—the total financial impact easily reaches tens of billions, if not hundreds of billions, of dollars.

Against that backdrop, this study uncovers a startling phenomenon: nearly 46% of the consumers who filed bankruptcy in 2023 were repeat filers, …

Destabilization Or Clarification: The Potential Impact Of Chiles V. Salazar On Nifla And Other First Amendment Jurisprudence, Zhihan Xu

Duke Journal of Constitutional Law & Public Policy Sidebar

In 2019, the Colorado General Assembly passed the Minor Conversion Therapy Law (MCTL), a statute which prohibits mental health professionals from engaging in conversion therapy for minors. Three years later, Kaley Chiles, a licensed professional counselor and addiction counselor, filed a pre-enforcement challenge and sought a preliminary injunction, alleging that the MCTL improperly abridges her First Amendment right to free speech. Colorado challenged her claim, arguing that the MCTL merely regulates professional conduct and only incidentally (and permissibly) burdens speech. Chiles v. Salazar will decide whether the MCTL is a speech restriction or professional regulation, and, if it is a …

Reflections On Judging At The Intersection Of Constitutional Claims And Public Policy, Kimberly J. Mueller

Duke Journal of Constitutional Law & Public Policy Sidebar

Trial courts play an essential role in our judicial system. At the trial level, lived realities meet legal theories, and generalist judges must resolve constitutional disputes, develop the factual record, and administer justice. However, institutions, especially courts, face increasing pressure. This Keynote Address draws on cases over which I have presided to illustrate how careful process in trial courts helps maintain public trust in our institutions. These experiences reveal three lessons that trial courts teach us. First, the people bringing claims matter; they are real individuals seeking relief by telling authentic stories. Second, pleadings matter because they frame and shape …

In The Matter Of Estate Of William F. Ulvang, 142 Nev. Adv. Op. 22 (Mar. 12, 2026), Sabrina Richards

Nevada Supreme Court Summaries

NRS 134.070 requires a per capita without representation distribution when a decedent leaves no issue, surviving spouse, or immediate family.

Learning In Action: Cardozo Students Provide Legal Support To Central Valley Entrepreneurs, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Students from Cardozo Law's Entrepreneurship and Community Business Clinic traveled to California's Central Valley to provide legal education and support to local entrepreneurs. Through workshops, client counseling, and community outreach, students assisted rural businesses and nonprofits while gaining hands-on experience in transactional and community-based legal practice.

Federal Appeals Court Rules West Virginia Medicaid Coverage Exclusion Of ‘Sex-Change’ Surgery Is Legal, Arthur S. Leonard

Other Publications

No abstract provided.

Friedlander V. Tamarack Junction (142 Nev. Adv. Op. 23, Mar. 12, 2026), Kerri Richards

Nevada Supreme Court Summaries

House rules govern gaming wagers. Patrons are bound by constructive notice, and courts defer to the Gaming Control Board when its decisions are supported by evidence and law.

El Salvador At The Crossroads: Crimes Against Humanity Under The Public Security Policy, Susana L. Sacouto, Claudia Martin, Gino Costa, Santiago Canton, Jose Antonio Guevara

Research Reports & White Papers

The International Group of Experts for the Investigation of Human Rights Violations under the State of Emergency in El Salvador (GIPES) presents its final report entitled: “El Salvador at the Crossroads: Crimes against Humanity under the Public Security Policy.”

GIPES was formed with the aim of investigating the alleged serious human rights violations taking place in the context of the State of Exception public security policy that has been in place of El Salvador since March 2022 and determining whether they might constitute crimes against humanity. The group is made up of five internationally recognized jurists: Susana SáCouto, …

How Do Minimum Wages Affect Workplace Injuries?, Michael Davies, R. Jisung Park, Anna Stansbury

Upjohn Institute Policy and Research Briefs

No abstract provided.

Minimum Wages And Workplace Injuries, Michael Davies, R. Jisung Park, Anna Stansbury

Upjohn Institute Working Papers

How do minimum wage changes affect workplace amenities? Using the universe of claims from California, the US’ largest workers’ compensation system, over 2000-2019, we exploit geographic variation in state- and city-level minimum wages and local occupation-level variation in exposure to minimum wage changes to estimate whether minimum wage increases affect the rate of workplace injuries. We find a large adverse effect of raising minimum wages on injuries. A 10% increase in the minimum wage increases the injury rate by 7.2% in an occupation-metro area labor market which is fully exposed to the minimum wage increase. Our results imply an elasticity …

Perspectives On Choice Of Law Challenges In Multistate Precision Medicine Research, Laura M. Beskow, Catherine Hammack-Aviran, James W. Hazel, Leslie E. Wolf

Law Faculty Scholarship

This empirical legal study investigates challenges related to determining applicable law in multistate precision medicine research. Through interviews with experts in law, research ethics, and human subjects protections, the authors examine how differences in state laws governing research, genetic privacy, and data protection may affect participant rights and research practices. Interviewees reported varying levels of awareness regarding state law variation and expressed differing views on its significance. The findings suggest that uncertainty surrounding applicable legal frameworks can complicate research design, informed consent processes, and institutional oversight. The study calls for further legal and policy analysis to address these challenges and …

Reverse Breakup Fees And Antitrust Approval, Albert H. Choi, Abraham L. Wickelgren

Law & Economics Working Papers

The paper examines the antitrust implications of use of reverse breakup (termination) fees in mergers. By promising to pay a reverse breakup fee to the target if the proposed merger does not get the necessary antitrust approval, the acquirer can signal to the antitrust authority that the merger is more likely to be pro-competitive. A large reverse breakup fee can also function as a commitment device by the acquirer to spend more resources in case the merger is challenged by the antitrust authority. While the first, signaling function is efficiency enhancing, the second, commitment function can lead to an efficiency …

Human Problems: It’S Not Always The Technology’S Fault, Kevin Frazier, Brian L. Frye, Michael Goodyear, Jess Miers

Other Publications

No abstract provided.

Framing Harmonization: Illusion And Reality In The Riyadh Design Law Treaty, Christine Farley, Margo Bagley

Scholarly Articles in Law Reviews & Journals

From the outside, the Riyadh Design Law Treaty (RDLT) has long appeared as a modest administrative measure. Negotiated in the World Intellectual Property Organization (WIPO) Standing Committee on Trademarks (SCT), it has repeatedly been characterized as a ‘‘procedural treaty’’ concerned with filing formalities rather than substantive reform. The contrast with the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK Treaty) is striking. Both both treaties adopted in 2024 after 20+ years of negotiation. But only the GRATK Treaty attracted sustained scholarly and civil society engagement; the RDLT attracted almost none.

Vol. 70, No. 9 (March 9, 2026)

Indiana Law Annotated

No abstract provided.

Data Is Nothing Like Oil: Dusting Off Copyright’S Originality Doctrine For The Ai Age, Carys Craig

All Papers

No abstract provided.

Law School News: Roger Williams University School Of Law Ranked No. 11 Nationally For Social Justice 3-9-2026, Kelly Brinza, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.