Law Commons^™

Brief Of First Amendment Scholars As Amici Curiae Supporting Petitioner, Joseph M. Terry, Stephen J. Fuzesi, James N. Sasso, Langston E. Ward, Richard W. Garnett

Court Briefs

No. 25-927
Richard Lowery v. Lillian Mills

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

From the Summary of Argument

The suppression of constitutionally protected speech violates the First Amendment. A speaker need not be punished to be able to state a cause of action if the government has suppressed or threatens to suppress his or her speech through other means. This Court, across decades, and in a range of contexts, repeatedly has reaffirmed that principle. It has done so in cases affirming that a party may challenge a criminal statute …

Ethics Of Artificial Intelligence For Lawyers: Resistance Is Futile: Candor, Supervision, And Fees, Cliff Mckinney

Arkansas Law Notes

In Star Trek: The Next Generation, the Borg deliver their iconic warning to every species they encounter: “Resistance is futile.” The line resonates because it conveys the inevitability that once the Borg arrive, escape is no longer an option.

For lawyers, the duties of candor, supervision, and fairness in fees are just as inescapable. ABA Formal Opinion 512 (“ABA Opinion”) makes clear that, regardless of how powerful artificial intelligence becomes, it cannot relieve attorneys of their obligation. Attorneys must verify what they file, oversee how their colleagues use the technology, and ensure that clients are charged fairly. This installment examines …

Ethics Of Artificial Intelligence For Lawyers: You Will Be Assimilated: Best Practices For Lawyers Using Artificial Intelligence, Cliff Mckinney

Arkansas Law Notes

In Star Trek: The Next Generation, the Borg, a species augmented with artificial intelligence, give a chilling ultimatum to every civilization they encounter: “You will be assimilated.” The warning is terrifying because it suggests not destruction, but absorption with the loss of independence to a relentless collective.

For lawyers, the rise of artificial intelligence carries a similar threat of assimilation. Artificial intelligence is already entering law practice, whether lawyers welcome it or not. The real question is not if lawyers will be assimilated into a future integrated with artificial intelligence, but how they will use these tools without sacrificing judgment, …

Asarco Delenda Est, John M. Greabe

Law Faculty Scholarship

ASARCO Inc. v. Kadish is the most important Supreme Court decision addressing the adjudication in state courts of federal claims that Article III’s case-or-controversy requirements would bar lower federal courts from hearing. But there are two serious problems with the reasoning of ASARCO: one involving an error of omission and the other an error of commission. ASARCO’s error of omission is its apparent assumption that a party barred from asserting a federal claim in federal court because of a lack of redressable Article III injury caused by the conduct complained of should face no barriers to obtaining relief on the …

Cardozo Law News Brief: March 6, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the March 6, 2026, Cardozo Law News Brief include:

• Professor Rebecca Ingber published a piece in Just Security analyzing the legality of President Trump’s military actions against Iran and was also quoted in The New York Times and Al Jazeera on issues of international law.

• Professor Michael Pollack authored an op-ed in the New York Daily News on the future of New York City’s sidewalk dining program and spoke to The New York Times about congestion pricing being upheld in court.

• Professor Tyson-Lord Gray wrote an op-ed in The Hill examining legal challenges to new SNAP food restrictions …

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The Aaa’S Next Frontier: Family Mediation, Elena Foley

Cardozo Journal of Conflict Resolution (CJCR) Blog

As of January 28, 2026, the American Arbitration Association (AAA) has expanded its services to a group quite different from its usual clientele: families. The AAA has begun offering family mediation services and other tailored alternative dispute resolution options designed to meet the unique needs of families navigating separation, divorce, co-parenting, and other domestic matters. The program features a dedicated family mediation panel, made up of skilled mentors, retired judges, former court attorneys, and family law practitioners. These professionals are trained to handle emotionally charged disputes and to help parties work through complex personal and financial issues. The panel will …

Factors For Patient Trust And Acceptance Of Medical Artificial Intelligence, Ana Bracic, Kayte Spector-Bagdady, Sophie Towle, Rina Zhang, Cornelius A. James, Nicholson W. Price Ii

Articles

Artificial intelligence (AI) is increasingly used in clinical care, but widespread adoption requires patient trust. Trust may be enhanced through systemic governance mechanisms or frontline clinicians providing a human in the loop for AI oversight. However, it is unclear how different approaches specifically influence patient trust in the use of medical AI. The objective is to determine the extent to which patient trust in and choice of medical scenarios involving AI are associated with governance mechanisms, clinician presence, performance, and data quality.

Enforcing The Community Reinvestment Act, Jeremy C. Kress, Jeffery Y. Zhang

Law & Economics Working Papers

Nearly fifty years after the Community Reinvestment Act of 1977 (CRA) required banks to serve low- and moderate-income (LMI) areas, the systematic exclusion of disadvantaged communities from the mainstream financial system persists. This Article identifies a novel explanation for the CRA's limited impact: its enforcement mechanisms are ineffective.The CRA operates through two enforcement channels. Regulators must (1) consider a bank's CRA record when the bank seeks permission to merge or expand, and (2) publish periodic assessments of each bank's CRA performance. Using twenty years of CRA data, we show that neither enforcement mechanism works as intended. Banks strategically increase CRA …

Vegas Aqua, Llc Vs. Jupitor Corp., 142 Nev. Adv. Op. 21 (Mar. 05, 2026), Miranda Romero

Nevada Supreme Court Summaries

The plain language of Nevada Short Trial Rules (NSTR) Rule 3(d) requires a district court judge to adjudicate objections to proposed judgments rather than a short trial judge, and public policy requires adjudication of any proposed NRCP 59 motions.

Matadamas-Serrano V. State, 142 Nev. Adv. Op. 20 (Mar. 5, 2026), Mary Shamon

Nevada Supreme Court Summaries

A district court does not commit reversible error by denying a Batson challenge at step one based on strike percentages alone, or by allowing a substitute coroner to give an independent opinion based on autopsy photographs.

2026 Ruth Bader Ginsburg Contest Winners Announced At Rwu Law Women In Law Leadership Lecture 3-4-2026, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Roger Williams University's Law 401 Podcast Now Streaming On Ctv 3-4-2026, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

Arbitrability Of Government Contracts Disputes Between State Sovereignty And Investors’ Guarantees: A Comparative Study, Arem Sayed Aboelazm, Fady Tawakol, Mohammad Rababa

All Works

This paper examines the balance between state sovereignty and the subordination of states to non-national jurisdictions. It explores jurisprudential and legal perspectives on arbitration in state contracts and highlights its implications for the legal framework governing such contracts (Alanzi, 2021a; Abbas, 2020). The analysis focuses on Egypt and the United Arab Emirates (UAE), assessing the legitimacy of arbitration in state contracts within both jurisdictions. A descriptive-analytical method is applied to investigate the debates among public law scholars regarding the admissibility of arbitration in disputes involving state contracts, as well as the arguments underpinning their positions. In parallel, a comparative analytical …

Mmu: 03/02/26-03/08/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Vol. 70, No. 8 (March 2, 2026)

Indiana Law Annotated

No abstract provided.

After Universal Injunctions: The Practical Perils Of Trump V. Casa, Rajiv Malhotra

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

On his first day in office, President Trump signed an executive order seeking to drastically limit birthright citizenship—a longstanding constitutional principle under which individuals born in the United States automatically acquire citizenship, regardless of their parents’ immigration status. While many supporters of President Trump commended the order as a necessary protection against illegal immigration, constitutional law scholars on both sides of the political spectrum did not share this enthusiasm. The executive order was widely understood to conflict with the Citizenship Clause of the Fourteenth Amendment and the Immigration and Nationality Act of 1952, which codifies statutory protections for birthright citizenship. …

Brief Of Copyright Scholars As Amici Curae In Support Of Respondent In Emmerich Newspapers, Inc. V. Particle Media, Inc., Jess Miers, Mark A. Lemley, Rebecca Tushnet

Akron Law Faculty Publications

The server test has served us well for nearly two decades. It matches the language of the statute, the well-settled distinction between direct and secondary liability, and the nature of the technology. The copyright owner here makes the work available freely to every site visitor, and may stop embedding with a few clicks on the keyboard. There is no need to strain the law of direct liability to protect any legitimate interests it might have.

This Court should decline the invitation to create a circuit split that would upset settled expectations and turn millions of online posters into infringers overnight.

The U Visa At 25: Legislative Missteps, Bureaucratic Neglect, And Geographic Roulette, Jason A. Cade

Scholarly Works

A quarter century ago, Congress created the U visa with dual goals: protecting immigrant crime victims and facilitating law enforcement cooperation by removing deportation barriers to crime reporting. Yet the program as implemented has fallen dramatically short of these aims. This Essay provides the first comprehensive analysis of the U visa's structural failures at its twenty-fifth anniversary. Two fundamental design flaws plague the program. First, Congress capped U visas at 10,000 annually-far below actual need-while the immigration agency has consistently failed to implement congressionally-authorized interim protections. The result is that, as of 2025, applicants wait five years for work authorization …

Ndls Communicator: Week Of 03.02.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Exoneration Justice Clinic Client Reginald “Reggie” Dillard Exonerated After 27 Years of Wrongful Imprisonment

Student News

• William Branson Donahue
• Dennis Wieboldt
• Perla Khattar
• Nicolás Buitrago-Rey

Faculty Briefs

• Carter Snead
• Diane Desierto
• Mary Ellen O'Connell
• Francisco Urbina
• Rick Garnett
• David McIlroy
• Paolo Carozza
• Ashley Sanchez

ND Law in the News

• Several outlets highlighted the Notre Dame Law School Exoneration Justice Clinic’s work in the exoneration of clinic client Reggie Dillard.

Events

• Law & Technology Seminar: Raúl Madrid, Professor of Law and Director of the Program on Law, Science, and Technology at the Pontificia Universidad Católica de …

The Trump Administration’S Theory Of Constitutional War Powers: “The President Could Decide”, Rebecca Ingber

Online Publications

President Donald Trump has launched another unlawful war, this time in the service of regime change in Iran. The administration has been threatening the use of force for weeks, but provided very little public justification, description of what the president hoped to accomplish, or explanation for how the use of force would effectuate such goals. It has also to date presented no legal justification whatsoever. Much of what we know at this moment about how the administration views, and how it lawyers, questions of war powers can be derived from the one legal memorandum the administration has released on the …

Resurrecting Immigration Releases, Lindsay Nash

Articles

The nation’s “mandatory” immigration-detention laws sustain its largest civil-imprisonment system—and just radically expanded in scope and breadth. These laws consign broad swaths of suspected noncitizens to no-bail pretrial detention, denying tens of thousands of people facing civil regulatory charges any chance to prove they need not be detained. These laws turn split-second arrest decisions into jail sentences. They force people to give up meritorious claims. And they confound the historic presumptions—liberty, innocence, prosecutorial discretion, and bail—that undergird other pretrial-detention regimes. Although mandatory immigration detention conflicts with fundamental constraints on analogous detention regimes, the Supreme Court has treated it as exceptional …

Sanctioned Judge Speaks: A Conversation With Icc Judge Kimberly Prost, Kimberly Prost, David Collins

Judicature International

No abstract provided.

What Start-Up Lawyers Should Know About Bankruptcy, Christopher D. Hampson

UF Law Faculty Publications

Bankruptcy has long been regarded as a gloomy area of law, one that fits uneasily with the heady optimism usually associated with start-ups. At the same time, start-up lawyers need to understand how downside scenarios will play out, both inside and outside bankruptcy court, in order to advise their clients appropriately. That is especially true for social enterprises – where the decisions throughout a company’s life affect its ability to stick to its mission during times of financial distress. In a forthcoming book chapter, I map out the various elements that start-up lawyers need to consider.

Fostering An Equitable Scrum: A Conceptual Framework For Using Antiracist Enrollment Management Practices To Counter Job Market Discrimination, Aaron N. Taylor

AccessLex Institute Research

For most law students, attending law school is an investment. At stake are immense amounts of time and money spent pursuing the degree. The most desired payoff is a lucrative and fulfilling career. This chapter argues that law schools must adopt enrollment management practices that attempt to account for the job market their entering students will face at graduation. In proffering this argument, the chapter presents a conceptual framework for aligning class size targets to the future job market and proposes an equity-based approach to tuition discounting that accounts for job market racism. Graduates of color, particularly Black graduates, experience …

Law And The Self-Coordinating Market Idea, Sanjukta Paul

Articles

Much of the focus of the live Symposium was on comparing existing scholarship associated with two intellectual communities. I have no objection to that enterprise in the abstract, though I think it is a bit premature where law and political economy (LPE) is concerned and sets up an apples-to-oranges comparison to the decades-old streams of work and thinking in law and economics (L&E). But I would rather use the privilege of the space in this written Symposium to sketch what I believe is the ultimate substantive nub of contestation in this conversation about the core subject matter of “the economy” …

Sanctioning Negligent Bankers, Kyle D. Logue, Robert Will Thomas, Jeffery Y. Zhang

Articles

Over just one week in 2023, depositor runs at a few U.S. banks threatened to trigger a worldwide banking crisis. Afterwards, the United States suffered three of the biggest bank failures in the nation’s history; in Europe, Credit Suisse became the largest financial institution to fail since the 2007-2008 Global Financial Crisis. Stunned by this lightning-fast panic, lawmakers, regulators, and academics have called for significant changes to the U.S. financial regulatory framework. Leading among these proposals are calls to improve supervisory oversight of banks, to tighten existing regulations on banks, and to increase deposit insurance limits. But these proposals alone …

Bankrupt Crypto Organizations, Kara Bruce, Christopher K. Odinet, Andrea Tosato

Faculty Scholarship

This Article provides the first comprehensive analysis of the intersection between decentralized autonomous organizations (DAOs) and American bankruptcy law. DAOs are blockchain-based entities that enable individuals to pursue common goals using decentralized decision-making and automated governance. Since their recent emergence, DAOs have proliferated dramatically—with over 20,000 organizations managing over $20 billion in assets and engaging in activities ranging from investment management to real estate and even attempting to purchase historic copies of the U.S. Constitution. Yet like any other organization, DAOs can fail, creating an urgent need to understand what happens when unstoppable code meets immovable bankruptcy law.

Our investigation …

Wealth-Based Disparities In Higher Education: Compounding Privilege, Multiplying Barriers, Rachel Moran, Jonathan D. Glater

Faculty Scholarship

This Special Issue is prompted by a confluence of developments in higher education: increasing access to postsecondary schooling overall and concurrent increasing socioeconomic inequality. After World War II, American colleges and universities began to “massify,” expanding their enrollments by opening their doors to people who previously would have found them closed. First, these institutions admitted veterans, then people of color and women (Altbach and Reisberg 2018, p. 63; Gumport et al. 1997, p. 2; Labaree 2017, pp. 106–7). The U.S. was not an outlier, and in the ensuing decades, nations around the globe saw unprecedented increases …

Feedback Loops: Half-Life Your Message, Patrick Barry

Articles

I sometimes get asked to design training workshops to help organizations ensure their employees receive the consistent, high-quality feedback needed to develop and improve. A pretty common request is for workshops that give people feedback on their communication styles and push them to become more concise and compelling writers and speakers. Nobody, for example, has ever asked me, “Is there any way you can teach our lawyers to write longer, more rambling emails?” Or “Can you show us how to drone on and on while giving a presentation or running a meeting?”

Academic Freedom And Collective Bargaining: A Joint Report By The National Center For The Study Of Collective Bargaining In Higher Education And The Professions And The Aaup’S Center For The Defense Of Academic Freedom, William A. Herbert, Isaac A. Kamola, Timothy R. Cain, Erin Ward, Anita Levy, Kathryn Ritchie, Ariana Gonzalez

Publications and Research

This is a joint report by the National Center for the Study of Collective Bargaining in Higher Education and the Professions at Hunter College (National Center) and the Center for the Defense of Academic Freedom (CDAF) at the American Association of University Professors. It presents excerpts from forty-five collective bargaining agreements in higher education to demonstrate the wide range of ways academic freedom is defined in contracts, or not, and how the negotiated definitions incorporate, quote, follow, mirror, or deviate from the principles set forth in the 1940 Statement of Principles on Academic Freedom and Tenure (hereinafter 1940 Statement).