Law Commons^™

Democracy Needs The Administrative State, Gillian E. Metzger

Faculty Scholarship

In public debate, the federal bureaucracy is not typically praised for its democratic credentials. Consisting of a wide array of agencies staffed by a permanent civil service and governed by detailed regulations, the administrative state is more likely to be portrayed as a bastion of red tape and unelected power. To hear members of the Supreme Court tell it, for example, the administrative state’s “unaccountable bureaucrats” and “vast power[s]” pose a dire threat to constitutional democracy that only expanded presidential control can solve. President Trump has offered an even darker view, attacking a “deep state” of entrenched government officials as …

International Law And Power Politics: On Koskenniemi's Perceptions Of Justice, Monica Hakimi

Faculty Scholarship

Martti Koskenniemi wrote ‘Perceptions of Justice’ against the backdrop of the 2003 Iraq War. The piece draws a stark distinction between American and European conceptions of justice – and approaches to international law. Over twenty years later, his distinction might still (or again) resonate. This retrospective analyses it in light of his other work and more contemporary events, arguing that it is a mix of misguided and confused. The United States and Europe have for decades, if not centuries, been profoundly entwined; each has significantly shaped and been shaped by its relationship with the other. The urgent question now is …

How U.S. Legal Stagnation Can Be Aided By Decolonization, Marquel Gardner

McNair Summer Research Program

Decolonization is a term often used to present a simple shift from colonial thinking, heavily maintaining the establishment of colonial systems today. However, this usage oversimplifies and overshadows the word’s key purpose. Common proclamations of the term forgo the fundamental indigenous essence behind the word. Doing so, we not only strip the word of its inherent power, but obstruct further possibilities for actual decolonization to appear in our world. Many argue that the U.S. legal system, a product of colonial factors, has reached an alarming state. Our current legal, political atmosphere gears not towards justice or morality, but fascism and …

Ndls Communicator: Week Of 08.31.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Welcomes Visiting Faculty for the 2026–27 Academic Year
• ND Law Professor Nicole Garnett Participates in United Nations Consultation on Educational Pluralism
• Notre Dame J.S.D. Candidates Present at the World Congress of Constitutional Law and ICONS

Faculty Briefs

• Sadie Blanchard
• Randy Kozel & Tricia Bellia
• Derek Muller
• Jennifer Mason McAward
• Rick Garnett
• Dennis Wieboldt '26 J.D.
• Announcing Global Visitors
• Dr. Clara Martins-Pereira
• Prof. Paul Yowell
• Prof. Dr. Stephan Wernicke
• Dr. Róisín Costello

Events

• Faculty Colloquium: Mary Ellen O'Connell, Enduring Law for a New Era: Overcoming Political Realism and the Pursuit of Wealth
• Supreme Court …

Mmu: 08/31/26-09/06/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Congressional Oversight Reports As Legislative Branch Work Product And Research Resource, Grace A. Moore, David Rapallo, Sean M. Theriault

Georgetown Law Faculty Publications and Other Works

The Levin Center for Oversight and Democracy at Wayne State University Law School is in the process of creating the first-ever comprehensive database of congressional oversight reports for all House and Senate Committees since the 106th Congress (1999–2000). In this article, we place these reports into the broader context of the tools Congress has to conduct oversight in service of its many legislative branch responsibilities under the Constitution. We also explain the development of the database. We conclude the article by discussing how the congressional scholars in this special issue use this database to examine how Congress conducts oversight, and …

Stafford V. State [State Of Nevada], 142 Nev. Adv. Op. 59 (Aug. 27, 2026), Giselle Garcia-Contreras

Nevada Supreme Court Summaries

Stafford v. State holds that an in-custody defendant’s failure to appear at a hearing does not relieve the State of its plea agreement obligations, as the State controls the defendant’s ability to appear.

Davis V. Dist. Ct., 123 Nev. Adv. Op. 58 (Aug. 27, 2026), Tristen Fleig

Nevada Supreme Court Summaries

In Davis v. Dist. Ct., the Supreme Court upheld the court's authority to issue orders and impose sanctions during discovery, after Petitioner claimed NAC 641.234(3) limited the court's authority to order disclosure of psychologist data.

Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Respondents: St. Mary Catholic Parish V. Roy, Catherine Smith, Tanya Washington, Robin Walker Sterling, Suzette Malveaux, Barbara Bennett Woodhouse, Sara S. Hildebrand, Abigail L. Fleming, Jeremiah Chin

Scholarly Articles

This Court should consider those most directly impacted by the decision in this case: the intended beneficiaries of Colorado’s Universal Preschool Program (“UPK”), Colorado’s children. To paraphrase Shakespeare, though they be but little, they are constitutional rights-bearers and are thus entitled to be free from state-funded discrimination.

Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the significant harms children in the LGBT community would bear should Colorado be compelled to allow state-funded religious schools to discriminate against preschoolers. Exempting religious schools from the State’s equal-opportunity and antidiscrimination …

Introduction To The Oral History Project Of The World Trading System: The Story Of John H. Jackson And His Unique Role, Jennifer A. Hillman

The Oral History Project of the World Trading System

Georgetown Law has been fortunate to have so many pathbreaking professors teaching, researching, and writing here. For those in the international trade arena, none stands taller than Professor John H. Jackson, who came to Georgetown in 1998 after a storied teaching career at the University of Michigan and immediately set to work with his singular ability to bring together scholars, students, government officials, and practitioners to examine the trade challenges of the day from every angle—always looking to develop innovative ideas and practical solutions.

Immediately upon arrival at Georgetown, Professor Jackson created the Institute of International Economic Law (IIEL)—one of …

Ndls Communicator: Week Of 08.24.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Welcomes New Faculty Members for 2026–27 Academic Year
• ND Law Professor Jimmy Gurulé Leads Trainings for Mexican Foreign Affairs Officials and Advances the Program for the Defense of Mexican Nationals

Faculty Briefs

• Rick Garnett
• Roger Alford
• Msr. John Paul Kimes
• Mary Ellen O'Connell
• Judy Fox
• Vinny Versagli

[Almuni Notes]

• Dennis Wieboldt '26 J.S.

• Faculty and Staff Kick Off Luncheon
• Western Legal Exceptionalism and the Test of Comparative Law Talk by Matteo Niccolini, Associate Professor of Comparative Public Law, University of Verona, Italy
• Faculty Meeting

• The University of Notre Dame is …

Brief Amici Curiae Of New Ways Ministry, Et Al., St. Mary Catholic Parish V. Roy, Leslie C. Griffin, Marci A. Hamilton

Court Briefs

No abstract provided.

An Act-To Provide For The Construction Of Additional Buildings For The State Normal School At Florence, Alabama, The Brown Printing Company, State Printers And Binders Montgomery, Alabama

Documents on Education and Progress of the University

Act No. 366-To provide for the Construction of additional buildings for the State Normal School at Florence, Alabama, and for providing for the furnishing and equipment of the same, and for the repairs of existing buildings, and to appropriate funds therefor.

-Legislature of Alabama Session of 1911-

Las Vegas Police Protective Association V. Las Vegas Metropolitan Police Department Citizen Review Board, 142 Nev. Adv. Op. 55 (Aug. 20, 2026), Enya Dinca

Nevada Supreme Court Summaries

Under Las Vegas Police Protective Association v. Las Vegas Metropolitan Police Department Citizen Review Board, the CRB must identify officers under review on public meeting agendas, and officers lack a nontrivial privacy interest in names and badge numbers that are already publicly disclosed.

8933 Square Knot Trust, A Nevada Trust, Appellant V. The Bank Of New York Mellon, 142 Nev. Adv. Op. 56 (Aug. 20, 2026), William Fischer

Nevada Supreme Court Summaries

Under NRCP 12(g)(2), additional motions for dismissal may not be filed unless for lack of subject-matter jurisdiction or the arguments were preserved at initial filing. Subject-matter jurisdiction is determined at the onset of a proceeding.

Legislature Of The State Of Nevada V. Elko County, 142 Nev. Adv. Op. 57 (Aug. 20, 2026), Lillian Fitzpatrick

Nevada Supreme Court Summaries

In Legislature of the State of Nevada v. Elko County, the Nevada Supreme Court struck down a school-funding tax mandate whose population range fit exactly one county—holding that a statute need not name Elko County to target it.

Castillo V. Atkinson, Watkins & Hoffmann, Llp, 142 Nev. Adv. Op. 54 (Aug. 20, 2026), Shannon Chapman

Nevada Supreme Court Summaries

Attorney fees are capped under NRS 7.095 when the substance of the claim sounds in professional negligence under Limprasert, regardless of claim title.

Deamicis V. State Of Nevada, 142 Nev. Adv. Op. 53 (August 20, 2026), Khadija Bhatti

Nevada Supreme Court Summaries

Under NRS 200.471(1)(a)(2), a defendant may be convicted of assault for each person the defendant intentionally places in reasonable apprehension of immediate bodily harm.

Digital Forensic Skill Gaps Among Law Enforcement And Implications For Modern Criminal Investigations, Chip Thornsburg

Doctoral Dissertations and Projects

Digital evidence has become a routine component of modern criminal investigations; however, many law enforcement agencies face challenges in developing the personnel, training, and resources needed to manage increasingly complex digital evidence. The purpose of this explanatory sequential mixed-methods study was to examine digital forensic skill gaps among Texas local law enforcement agencies and their implications for modern criminal investigations. Guided by Human Capital Theory and Routine Activities Theory, Phase I employed a statewide survey of agencies to assess digital forensic resources, training, competency, and digital evidence usage. Quantitative data were analyzed using descriptive statistics, Kruskal–Wallis tests, chi-square tests of …

Ndls Communicator: Week Of 08.17.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Welcome Week for 1Ls!

Faculty Briefs

• Rick Garnett
• Mary Ellen O'Connell
• Lloyd Mayer
• Kristina Swanson
• Haley Proctor
• Paolo Carozza
• Patrick Corrigan
• Sherif Girgis
• Derek Muller
• NDLS Immigration Clinic in the News

Events

• Welcome Week for 1Ls
• September 1 - Western Legal Exceptionalism and the Test of Comparative Law

Around the Watercooler

• August Birthdays
• Staff Spot Awards accepting nominations

Appellate Oral Argument In The Federal Courts Of Appeals: A Vestige Of The Past, Or A Vital Check On Intuitive Decision-Making?, Jessica K. Webb

Faculty Publications

No abstract provided.

El Mercado De Pescado – The Dembow Fish Market Case: Browne V. Donalds, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The billion-dollar Latin music industry is facing its most formidable opponent yet: Steely & Clevie.[1] While this name may be unfamiliar, the musical duo has raised a crucial issue against a seemingly settled principle of copyright infringement: whether a rhythm is copyrightable.[2] The rhythm in question is reportedly an integral part of the entire genre of reggaeton.[3] Nonetheless, Steely & Clevie decided to sue over 100 Defendants—including Bad Bunny, the most streamed artist in the world—for copyright infringement across almost 4,000 songs.[4] Now, one copyright infringement case has the power to dictate the future of reggaeton and severely disrupt music …

Brief For Legal Scholars And Historians As Amici Curiae In Support Of Petitioners, Jackson V. State, Nos. 26-76, 26-78 (U.S Supreme Ct. Aug. 14, 2026), G. Ben Cohen, Seth P. Waxman, Ashley Bierman, Sara Saunders

Akron Law Faculty Publications

Under a Florida law enacted in 2023, a judge may impose the death penalty only if the jury first “determine[s] that the defendant should be sentenced to death.” Fla. Stat. § 921.141(2)(c). The question presented is whether the Sixth or Eighth Amendment requires that jury determination to be unanimous, or whether it suffices—as provided in the statute—for only eight of the twelve jurors to vote for death.

Cardozo Law News Brief: August 14, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the August 14, 2026 Cardozo Law News Brief include:

• Professor Saurabh Vishnubhakat spoke to Forbes about Buc-ee’s aggressive trademark enforcement strategy and the potential reputational costs of pursuing weaker infringement cases.
• Professor Zalman Rothschild was quoted in The Nation’s Health about the potential impact of a Supreme Court ruling on childhood vaccine mandates and religious exemptions.
• Professor Stewart Sterk spoke to the Associated Press about anticipated legal challenges to New York City’s pied-à-terre tax.
• Adjunct Professor Gary Galperin spoke to People about concerns surrounding Luigi Mangione supporters and their potential influence on the case, and also discussed the …

Angel Gutierrez-Zacatenco V. Rosa Herrera, 142 Nev. Adv. Op. 52 (Aug. 13, 2026), Sana Azim

Nevada Supreme Court Summaries

Incomplete medical records can be authenticated for admissibility purposes through a sufficient fact-specific demonstration of authenticity.

State Legislatures: Guardians Of The Federal Balance, Practical Strategies For Monitoring, Strengthening, And Sustaining American Federalism (Remarks), Christian G. Fritz

Faculty Scholarship

My remarks today are drawn from my book, Monitoring American Federalism: The History of State Legislative Resistance, and from an essay I wrote this year for the Center for the Study of Federalism about the responsibility of state legislators to sound the alarm when the federal government overreaches its constitutional authority.

Appeal No.1077: Chief Capital (O&G) Ii, Llc. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2026-203

Appeal No.1076: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2026-185, 2026-194, and 2026-200

Appeal No.1066: Lucky Land Management, Llc V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2025-405 , and 2025-416

Appeal No.1065: Lucky Land Management, Llc V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2025-405 , and 2025-416