Law Commons^™

Ndls Communicator: Week Of 02.23.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame's mission to Mexico: Defending the most vulnerable Notre Dame Law School's Black Law Students Association Brings Community Together for Inaugural Black History Month Spirit Week

Student News

• Ángel Muñoz Carpintero
• Aashiyana Adhikari

Faculty Briefs

• Christian Burset
• Jimmy Gurulé
• Emily Bremer
• Derek Muller
• Paolo Carozza
• Diane Desierto
• Paul Miller
• Jeff Pojanowski
• Sadie Blanchard
• Christina Jones

Events

• Law & Technology Seminar: Amnon Reichman, Professor of Law and Director of the Center for Cyber Law & Policy at the University of Haifa
• Law & Economics Workshop: Avishalom Tor The Coherent Arbitrariness of Punishment
• Faculty Colloquium - Haley Proctor …

Analytical Framework For Understanding Broader-Based And Sectoral Bargaining Models, Sara Slinn

Articles & Book Chapters

No abstract provided.

Mitigating Procurement Risks: A Framework For Good Governance In Public Contracting, Karem Sayed Aboelazm, Raghda Raafat, Fady Tawakol, Khalid Mohamed Dganni

All Works

This paper seeks to explore internal and emerging limitations set within the public procurement system. It suggests institutional structures to oversee such a process, more than just technical fixes (Enayati & Özaltin, 2024). It also aims to move beyond the technologies themselves by bringing governance, standards, and principles into public procurement. The present paper is descriptive-analytic and was conducted based on a review of literature and research reports. It also employs a qualitative interpretive methodology for analysis of international organization reports and identifies various types of public procurements, such as procedural and contextual systemic risks. The paper draws a number …

Ndls Communicator: Week Of 02.16.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School’s Religious Liberty Clinic assists in formation of new Christian school in South Bend
• Mark Rienzi Discusses Religious Liberty and the Roberts Court

Alumni News

• Where Law Led to Love: ND Law’s Class of 2008

Faculty Briefs

• Nicole Stelle Garnett
• Francisco Urbina
• Diane Desierto
• Mary Ellen O'Connell
• Patrick Corrigan
• Paul Miller
• Emily Bremer

Events

• Law & Technology Seminar: Frank Pasquale, Cornell Law School and Cornell Tech
• Law & Economics Workshop: Yehonatan Givati, Hebrew University
• Faculty Colloquium - Patrick Corrigan: The Crisis of Confidential Supervisory Information
• Faculty and Staff Birthday Celebration!
• Ash Wednesday Masses
• Bruen …

Beyond Subsidies And Mandates: Testing A Simple Behavioral Mechanism To Drive Health Insurance Coverage, Wendy Netter Epstein, Hansoo Ko, Christopher Robertson, Kevin Wilson, David Yokum

Faculty Scholarship

Uninsured individuals face reduced access to care, financial risk, and higher mortality. Although public programs and private subsidies have lowered uninsurance, these mechanisms remain incomplete and politically unstable. We evaluate whether a low-cost outreach intervention can increase health insurance enrollment without altering plan prices. Using a randomized field experiment involving 16,477 uninsured Maryland households, we assigned households to a no-contact control or to receive email and postcard outreach featuring affordability messaging alone or combined with responsibility or community framings. Outreach increased qualified health plan enrollment by 0.699 percentage points and total coverage by 0.967 percentage points relative to control. The …

Outsourcing Legal Modernity: Late Colonial Constitutionalism In Muslim Northern Nigeria, Rabiat Akande

Articles & Book Chapters

The final years of British imperial rule in Northern Nigeria witnessed efforts to source appropriate models of legal modernization from the Muslim world. The models afloat in constitutional discourse, those of Libya, Sudan, Pakistan, and Egypt, were held up by respective proponents as ideal for resolving the long-fraught question of the relationship between Islam and public law in a modern state. Yet, the evocations of these foreign models were idealized imaginaries; by framing these models as settled facts, the Northern Nigerian evocations flattened the constitutional experience of these states and obscured unfolding struggles over the nature of legal modernity. Against …

When Tokenized Real-World Assets Collide With Real World, Biying Cheng, David J. Reiss

Cornell Law Faculty Publications

The city of Detroit filed a public nuisance lawsuit in July of last year in the Michigan Circuit Court for the Third Judicial Circuit against Real Token, its co-founders and 165 affiliated entities, alleging building code and safety violations across over 400 Detroit residential properties.[1] RealT is a blockchain real estate platform that sells fractional interests in individual U.S. rental properties through the issuance of crypto security tokens.

On July 22, the judge issued a temporary restraining order — later converted into a preliminary injunction on Nov. 4 — barring RealT from collecting rent, pursuing evictions without a certificate of …

Vol. 70, No. 6 (February 16, 2026)

Indiana Law Annotated

No abstract provided.

Transformative Technology And Shortening The Statute Of Limitations Applicable To Taxpayers, Jay A. Soled, Leslie Book

Faculty Publications

When it comes to submitting tax returns and paying taxes, most taxpayers understand the nature of their civic duties and do so dutifully, if not willingly. However, many taxpayers fail to grasp why the IRS has such an elongated time period—namely, three years— to audit their tax returns and propose an assessment. Indeed, when the IRS exercises its oversight authority, records may no longer be available, and memories may be dulled.

Since the original institution of the three-year tax assessment limitations period nearly a century ago, tremendous technological strides have been made. Indeed, over ninety percent of income tax returns …

Mmu: 02/16/26-02/22/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Communicative Legitimacy: The Supreme Court's Hidden Cultural Binaries In The U.S. Civil Sphere, Steven Arrigg Koh

Faculty Scholarship

How does the U.S. Supreme Court establish its legitimacy? Over the last two hundred years in U.S. society, the Court has interpreted the U.S. Constitution on watershed issues such as slavery, segregation, and marriage equality. And yet the Constitution is just 7,591 words. A puzzle thus emerges: how does the Court intelligibly interpret this short text for U.S. society? This article develops a new theoretical and empirical cultural sociological account of such Supreme Court decision-making, which it calls “communicative legitimacy.” According to this theory, which draws on Jeffrey Alexander’s civil sphere theory, the Court consistently and inevitably draws on a …

Kim Tolley, Vaccine Wars: The Two-Hundred-Year Fight For School Vaccinations, Dorit R. Reiss

Faculty Scholarship

Kim Tolley’s book offers several important contributions to the large literature on vaccine controversies, rich with important new information and a coherent, compelling story. First, the book’s focus is unique: rather than focus on public health (though the book also addresses the public health effects of vaccine decisions and outbreaks, and offers extensive data on that score, too), the book looks at the unique place schools occupy in the struggle around vaccination rates. Because of this focus, Tolley covers issues I have not seen in any other book — such as curriculum coverage of infectious diseases and vaccines, the role …

How The Rhetoric Of Borders Justifies The Erosion Of Rights, Richard Sherwin

Other Publications

No abstract provided.

California: Garment Labels Liable For Wages, Alan Hyde

Dispatches

GARMENT WORKERS IN CALIFORNIA SINCE 2022 may collect their wages, not merely from the production facility that employs them, but alternatively from the garment labels and some retailers for whom the facility produces garments. Such joint and several liability is unique in the world. It has long been the goal of garment worker activists around the world, for garment work everywhere is both low-paid and easily mobile. Wage theft, that is, nonpayment or underpayment of wages, is also common in California (U.S. Department of Labour, 2023). How is the statute working out?

A Tripartite Experiment In Australia: Seeking To Improve Compliance Through Collaboration, Tess Hardy, Stephen Clibborn, Joel Cutcher-Gershenfeld

Dispatches

In this dispatch, we examine one of the most significant strategic experiments to emerge in the recent past: a tripartite initiative launched in late 2024 in which the FWO is seeking to actively collaborate with representatives of business and unions in new and more meaningful ways. While tripartism is well established in setting standards, it remains relatively novel in the context of compliance and enforcement.

Punishment And Regret, Michelle Madden Dempsey

Faculty Publications

This essay is a contribution to a symposium on Adam Kolber’s Punishment for the Greater Good. As the title suggests, the essay focuses on the issues of punishment and regret. Its main thrust is a critique of Kolber’s failure to acknowledge the salience of retrospective normativity. This failure divorces Kolber’s attempt to justify punishment from our actual current carceral practices, which are fundamentally backward-looking responses to past (actual or supposed) wronging. It also limits Kolber’s ability to account for the normative reasons we have to regret these practices: mistaking regret as solely a matter of feeling and human psychology, while …

Expanding Access To Justice Through Legal Tech Innovation And Education: Aals Panel Discussions, Miguel Willis, April Dawson, Antonio Coronado, Diego Alcalá Laboy, Mark Williams, Margaret Hagan, Leighanne Thompson, Drew Amerson, Dan Jackson, Andrew Perlman

Seattle University Law Review Online

The 2025 AALS Annual Meeting featured a half-day AALS Symposium entitled, “Expanding Access to Justice Through Legal Tech Innovation and Education." Panel One was moderated by Miguel Willis and featured three panelists: April Dawson, Antonio Coronado, and Diego Alcalá Laboy. Panel Two was moderated by Mark Williams and featured two panelists: Margaret Hagan and LeighAnne Thompson. Panel Three was moderated by LeighAnne Thompson and featured four panelists: Drew Amerson, Dan Jackson, Andrew Perlman, and Miguel Willis. This article features transcripts from all three panels, edited for clarity and readability.

Adversaries And Experts: Legal Tradition Versus Empirical Science, André M. Peñalver

Seattle University Law Review Online

The modern courtroom can become a battleground between two epistemologies: the adversarial logic of law and the empirical rigor of science. Using a case involving a neuropsychological exam under Washington Civil Rule 35, this Article explores the tension between these traditions. While medicine embraced the Scientific Revolution, law remains tethered to its medieval Scholastic roots. The Article argues for humility and integration of evidence-based reasoning within the adversarial process.

Cardozo Law News Brief: February 13, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the February 13, 2026, Cardozo Law News Brief include:

• Professor Lindsay Nash spoke to The Intercept about Google complying with ICE subpoenas, raising concerns about privacy rights and the lack of judicial oversight for individuals whose data is disclosed.

• Professor Peter Markowitz was quoted in Gothamist regarding ICE’s arrest of an immigrant at a New York City courthouse, describing the ongoing tension between federal enforcement efforts and NYC sanctuary laws.

• Professor Zalman Rothschild’s congressional testimony on religious opt-outs in school lessons was covered by UPI, where he discussed the constitutional limits and implications of broad religious exemptions. …

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Cosby V. Leslie, 142 Nev. Adv. Op. 11 (Feb. 12, 2026), Madeleine Langhoff

Nevada Supreme Court Summaries

In Cosby v. Leslie, the Nevada Supreme Court held that "intrusion" under NRS 200.364(9) requires entry into a genital or anal opening, meaning conduct lacking such intrusion does not constitute sexual assault under Nevada law.

Gold Standard Ventures (Us) Inc. V. Thorson, 142 Nev. Adv. Op. 10 (Feb. 12, 2026), Lauren Jung

Nevada Supreme Court Summaries

The Court affirmed the district court's dismissal of Orla's petition for judicial review, finding that a party must have an existing personal or property right affected by the challenged decision to have standing. The Court therefore found that Orla had no standing to bring suit.

The Fashion Law Names Cardozo A Top Law School For Fashion Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Fashion Law recognized Cardozo School of Law as one of its Top Law Schools for Fashion Law, highlighting the school's interdisciplinary curriculum, the FAME Center, and its student-run Fashion Law Society. The announcement also notes the upcoming celebration honoring Barbara Kolsun and the FAME Center's anniversary.

Ethics Of Artificial Intelligence For Lawyers: That Is The Sound Of Inevitability: Legislatures And Regulators Step In, Cliff Mckinney

Arkansas Law Notes

In The Matrix, the evil artificial intelligence entity, Agent Smith, corners the human hero, Neo, on the subway tracks. Agent Smith says, “You hear that Mr. Anderson? . . . That is the sound of inevitability. . . .” And if there is one thing that is inevitable, it is that regulations will quickly develop around the way that we interact with and utilize artificial intelligence.

No matter how innovative or disruptive artificial intelligence may be, lawmakers and regulators will not allow it to operate unchecked. Congress recently elected not to impose a moratorium on state regulation, and California has …

The Politics Of Territorial Resistance To Federal Authority: Distinctiveness, Partisanship, And Outbidding In Texas And Alberta, André Lecours, Alexandre Couture Gagnon, Daniel Béland

School of Political Science, Public Affairs, Legal and Security Studies Faculty Publications

Federalism involves political struggles around the territorial division of powers. Typically, these struggles tend to occur when the federal government seeks to act in areas of constituent unit jurisdiction. Yet, recent political developments in Texas (Operation Lone Star) and Alberta (Alberta Sovereignty in a United Canada Act) have showcased state/provincial governments seeking to reject federal legislation within seemingly federal jurisdictions. This article develops an explanation for these initiatives that emphasizes regionalism as a form of territorial politics, the partisan dynamics between the state/provincial government and its federal counterpart, and the internal competition within the dominant political …

Testimony Of Professor Zalman Rothschild Before The House Subcommittee On Early Childhood, Elementary, And Secondary Education Regarding Mahmoud V. Taylor, Zalman Rothschild

Testimony

On February 10, 2026, Professor Zalman Rothschild, Horn Family Distinguished Research Scholar in Law and Religion at the Benjamin N. Cardozo School of Law, testified before the House Subcommittee on Early Childhood, Elementary, and Secondary Education of the House Committee on Education and Workforce. His testimony addressed the Supreme Court’s decision in Mahmoud v. Taylor and its implications for parental rights, religious liberty, public education, vaccination mandates, and compulsory schooling.

Professor Rothschild situates Mahmoud within the broader constitutional tradition shaped by Pierce v. Society of Sisters, West Virginia Board of Education v. Barnette, and Wisconsin v. Yoder …

Is Delaware Different? Stockholder Lawyering In The Court Of Chancery, Jessica Erickson, Adam C. Pritchard, Stephen J. Choi

Law & Economics Working Papers

Delaware corporate law relies on stockholder litigation to police corporate misconduct. Judges in turn use attorneys’ fees to shape the incentives of the lawyers who pursue this litigation. This system of corporate accountability has come under increased scrutiny in recent years, with a series of decisions causing several high-profile companies to leave Delaware and prompting lawmakers to call for reform. Yet little empirical evidence exists about how Delaware judges set the attorneys’ fee awards that sustain this enforcement system. Using a hand-collected dataset of stockholder suits filed in the Court of Chancery, this Article offers the most comprehensive empirical analysis …

Who Gets A Seat At The Table? Stakeholder Participation In Sec Rulemaking, Yuliya Guseva, Irena Hutton, Adam C. Pritchard, Joseph Grundfest

Law & Economics Working Papers

We study how public participation shapes financial regulation using a novel dataset of 453 SEC rules proposed between 1995 and 2024. We collect over 81,000 public comments and 5,600 meetings between regulators and stakeholders related to those rules. Using large language models, we identify participants and extract structured measures of comment content and tone. We document asymmetries in stakeholder participation: retail investors dominate comment volume with shorter submissions, while institutional actors engage primarily through detailed comments and meetings with the SEC officials. Input from sophisticated stakeholders is more likely to be incorporated into the final rule release and informs rule …

Effects Of The Reverse Charge Mechanism On Vat Gaps, Albrecht Bohne, James R. Hines Jr., Antonios Koumpias, Annalisa Tassi

Law & Economics Working Papers

The purpose of this paper is to evaluate the effect of reverse-charge mechanism (RCM) implementation on VAT compliance using an overall, countrylevel measure of VAT compliance, the VAT gap. The VAT gap is defined as the overall difference between expected and realized VAT revenues and is a broader measure than outcomes employed in previous research, incorporating all types of VAT evasion. Exploiting the staggered adoption of RCM across Europe and the size of industries targeted by RCM, we compare changes in the VAT gap before and after RCM implementation. Evidence from difference-in-differences, event study, and heterogeneous treatment effects estimators indicates …

Appeal No. 1067: Arrowhead Road Services, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2025-512

Appeal No. 1040: Leonard Wisneski V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2024-435