Law Commons^™

Money And Federalism, Dan Awrey

Duke Law Journal

The United States is the only country in the world in which both federal and state governments possess independent and yet overlapping authority for bank chartering, regulation, and supervision. The roots of this unique "dual" banking system can be traced back to the Constitution, written almost a century before banks rose to the apex of the financial system and became the dominant source of money. Beginning with the landmark Supreme Court decision in McCulloch v. Maryland, this system has been a wellspring of jurisdictional conflict. Yet over time, this highly fragmented and hotly contested system has also produced strong …

Personal Jurisdiction And The Declaration Of Independence, Ryan C. Williams

Duke Law Journal

The Declaration of Independence accuses King George III of having "obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers." But despite the seemingly natural resonance of this particular charge with the legal profession, legal scholars have given remarkably little attention to the controversy that provoked this particular complaint. This Article traces the colonists' complaint to a somewhat surprising and unexpected source—a dispute about personal jurisdiction.

During the late eighteenth century, administrative officials responsible for overseeing Britain's North American possessions sought to eliminate the use of the custom of foreign attachment by colonial court systems. …

The Second Amendment's Catholic Problem, Jared Danaher

Duke Law Journal

After New York State Rifle & Pistol Association v. Bruen, history is the touchstone of Second Amendment analysis. Thus, this Note explores an understudied part of America's long and complicated history with weapons: Catholic disarmament. By undertaking a detailed historical analysis of three Catholic disarmament measures in the late colonial United States, this Note attempts to determine what the history means for present day firearms law. It concludes that even though courts frequently cite America’s history of Catholic disarmament, they rarely use it in a historically accurate way. Modern courts use Catholic disarmament to justify weapons bans on people …

Sticker Shock Due Process, Alex Dougherty Neumann

Duke Law Journal

To address undesirable conduct like infringing a copyright or placing a robocall, legislatures have created statutory causes of action that enable plaintiffs to file private suits. Instead of needing to prove actual damages from a defendant's conduct, many statutory causes of action allow a plaintiff to pursue a predefined damages amount per statutory violation. The damages are known as statutory damages, and their elegance lies in how they scale linearly, or one-to-one, with every violation by a defendant. But in the digital age, where automated technologies can generate millions of violations without human oversight, courts are now confronting monstrous aggregate …

A Conversation With Danielle Sassoon, Jacob Burns Center For Ethics In The Practice Of Law, Cardozo Criminal Law Society, American Constitution Society (Acs), Danielle Sassoon, Jessica A. Roth

2025 Event Invitations

Danielle Sassoon is currently a senior fellow at the Manhattan Institute. Prior to her appointment as Interim U.S. Attorney in January 2025 by President Trump, Ms. Sassoon served as an Assistant United States Attorney in the Southern District of New York for over eight years. Among her notable cases as an Assistant U.S. Attorney were the prosecution of Lawrence Ray for racketeering conspiracy, extortion, forced labor, and sex trafficking, related to his abuse and exploitation of his daughter’s college roommates and others. She also investigated and prosecuted Samuel Bankman-Fried and others for the multi-billion-dollar fraud on customers of FTX.com. In …

More Than Words: Using Land Use Rules To Fight Climate Destruction, Edward Sullivan

Journal of Comparative Urban Law and Policy

It is now unlikely that meaningful federal legislation on climate destruction will be advanced in a second Trump administration. If “no action” is the alternative for the federal government, it will be up to the states to develop measures to counteract this challenge. These measures — in response to a trend in Supreme Court rulings that restrict or deny federal environmental action without explicit congressional approval – could include, among other things, new air and water quality standards, fishing restrictions, and changes to water allocations in our rivers. Yet these potential changes may be themselves limited by federal actions that …

Stare Decisis After The Rejection Of Lockstepping In State Constitutional Law: An Ohio Perspective, Jonathan L. Entin

ConLawNOW

State constitutions contain numerous rights-protecting provisions that are analogous to provisions of the United States Constitution. But lawyers and courts often ignored state constitutions. Even when courts interpreted state constitutions, they often followed an approach known as lockstepping: state constitutional rights were viewed as having the same meaning as analogous federal provisions, even when the state provisions had different wording and were adopted for different purposes at different times than their federal analogues. In recent decades, however, commentators and judges have claimed that state constitutions might afford greater protection to individual rights than the U.S. Constitution. The growth of the …

Responsible Ai: Applications And Ethical Considerations, Emuesiri Oduaran, Skye Ese Oduaran

Communications of the IIMA

As artificial intelligence (AI) rapidly transforms industries and societies, its applications present both immense opportunities and significant ethical challenges. This paper explores the concept of Responsible AI, emphasizing the importance of integrating ethical considerations into AI development and deployment. It examines a range of AI applications, from healthcare and finance to autonomous systems, highlighting their potential to drive innovation while also raising concerns about bias, privacy, accountability, and job displacement. The paper evaluates the ethical principles that should guide AI design, including transparency, fairness, privacy protection, and human oversight. Furthermore, it critically analyzes the current landscape of AI governance, identifying …

Blowing In The Wrong Direction? United States V. Osage Wind, Llc, Aubrey Thomas

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Ownership Rights To Produced Water In The New Age Of Energy, Timothy Naegele

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Fault Lines In Fossil Fuel Policy: The Ripple Effect On Mineral Rights And Regulatory Taking Implications, Myles Meyring

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Analyzing The Invocation Of The Force Majeure Clause Defense In Natural Gas Contract Dispute, Lindsay Kirkland

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Liability In The Pipeline: The Expanding Scope Of Pfas Litigation And Regulation, Rebecca Huckabay

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Walking On Sunshine: A Survey Of Oklahoma Concurrent Land Use Law And How Accommodation Can Fill In Gaps Revealed By Emerging Solar Energy, Nick Halbroeder

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Clash Between Oklahoma’S Oil Industry And Overriding Royalty Interests: Why Legislative Action Is Needed, Bryce Cormack

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Not All That Glitters Is Black Gold: Using Stranded Gas To Mine Cryptocurrencies And The Public Regulation Of Waste, Emily Burns

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Digital Gold: The Impact Of Bitcoin Mining On Texas Surface Owners’ Rights, Kenney Broadnax

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Bryce Cormack

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

United States V. Minor: Two Major Issues, Hemangi Patel

Texas A&M Law Review

This Note analyzes a 2024 Fifth Circuit opinion concerning two issues: “(1) whether the district court erred by applying the career-offender enhancement when calculating Minor’s . . . range” under the United States Sentencing Guidelines (“Guidelines”), and “(2) if so, whether that error was harmless.” In United States v. Minor, the Fifth Circuit first held that the district court erred by applying the career-offender enhancement when calculating Minor’s Guidelines range because the defendant’s prior marijuana convictions no longer qualified as predicate offenses under the Controlled Substances Act (“CSA”). Second, the court held that the error was not harmless because …

Tax Law Panel, Cardozo Tax Law Society, Heyman Center On Corporate Governance, Cardozo Business Law Society

2025–2026 Flyers

Joined By:

• Kirkland & Ellis
• Troutman Pepper Locke
• Lewis Brisbois
• Legal Services of NYC

Vol. 69, No. 08 (October 20, 2025)

Indiana Law Annotated

No abstract provided.

Adjudicating Atrocity: Reading Hitesh Verma V State Of Uttarakhand As A "Landmark" Case In The Judicial Discourse On Caste Violence, Tejaswi Chhatwal

Socio-Legal Review

This article critically examines the Supreme Court’s judgment in Hitesh Verma v State of Uttarakhand (2020) and argues for reading it as a “landmark trial” in the judicial undoing of reform—namely, the statutory changes introduced by the 2016 Amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. Existing socio-legal scholarship on atrocity jurisprudence has shown that the judicial understanding of caste violence and doctrinally instituted evidentiary standards have historically operated to invisibilise caste from crime’s framework. As a result, most instances of caste-based discrimination and violence have not been named as offences of “atrocity” under the …

Bandung And The Future Of Africa’S Pasts, Rabiat Akande, Olufemi Elias

Articles & Book Chapters

The idea of decolonization that animated the spirit of the 1955 Bandung Conference continues to power imaginations of an alternative to the world Bandung inhabited. In this essay, we look upon Africa from Bandung, and simultaneously from Africa to Bandung, to recover an “otherwise”—a seeing of the future from Africa’s pasts. In the future envisioned in Bandung and beyond, flag independence was regarded as the first stop in the project of decolonization.1 The conference was to provide both “guidance to mankind … [on] the way which it must take to attain safety and peace” and “evidence that Asia and Africa …

Spring 2026 Field Clinic, In-House Clinic And Externship Info Session, Benjamin N. Cardozo School Of Law

2025–2026 Flyers

• Spring 2026 Field Clinic, In House Clinic and Externship Info Session, October 20 Virtual Zoom
• Spring 2026 Clinic Fair, Wednesday October 22, 3rd floor Student Lounge
• Clinic Application Deadline, October29, 2025

1l Outlining Community Sessions Fall 2025, Cardozo Office Of Academic Success

2025–2026 Flyers

Monday, October 20th: 10 am-11am in room 424

Tuesday, October 21st: 2;:30pm-3:30pm in room 102

Friday, October 24th: 11am-12:30pm in room 204

Dean Melanie Leslie’S Office Hours With Professor Jared Mayer, Benjamin N. Cardozo School Of Law

2025 Event Invitations

Join Dean Leslie and Professor Jared Mayer for the Dean's Office Hours on October 20. They will discuss the economic impact of the tariffs and how American corporations are restructuring, often through litigation, as a result. The two will also answer questions raised by the student attendees.

Ukraine: The Judicial Challenge, Benjamin N. Cardozo School Of Law

2025–2026 Flyers

9:00 am-11:00 am: The Challenge of Putin’s Rewriting of History and Legitimizing the War Against Ukraine.

• Nicolas Werth (Memorial) Putin’s Grand Narrative, from the Great patriotic War to the Invasion of Ukraine

• Dmytro Vovk (Cardozo Law) The role of Russia's weaponization of religion for the justification of the aggression against Ukraine and the international and national legal responses

• Nathaniel Raymond (Yale) The Deportation and Russification of Ukrainian Children

11:15 am-12:45 pm: A Legal Case Investigated in Co-Construction with Civil Society

• Shulamit Almog (University of Haïfa), Breaking the Walls of Silence: Seeking Justice for Victims of Conflict-Related …

Ukraine: The Judicial Challenge, Benjamin N. Cardozo School Of Law, Dmytro Vovk, Peter Goodrich

2025 Event Invitations

Schedule of Events

9:00 am-11:00 am: The Challenge of Putin’s Rewriting of History and Legitimizing the War Against Ukraine.

Nicolas Werth (Memorial) Putin’s Grand Narrative, from the Great patriotic War to the Invasion of Ukraine Dmytro Vovk (Cardozo Law) The role of Russia's weaponization of religion for the justification of the aggression against Ukraine and the international and national legal responses Nathaniel Raymond (Yale) The Deportation and Russification of Ukrainian Children

11:15 am-12:45 pm: A Legal Case Investigated in Co-Construction with Civil Society

Shulamit Almog (University of Haïfa), Breaking the Walls of Silence: Seeking Justice for Victims of Conflict-Related Violence …

Cardozo Law News Brief: October 17, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Cardozo received a $6 million gift from Kwanza Jones and José E. Feliciano to name its Clinical Education Program.

Professors Roth, Nash, Noti-Victor, Rothschild, Wansley, and Rona were featured in major media outlets on topics including political prosecutions, ICE surveillance, AI copyright law, religious engagement, Tesla’s robotaxis, and U.S. military response.

Faculty updates include awards, podcasts, grants, and national presentations by Professors Kestenbaum, Kim, Reinert, Sebok, and Zelinsky.

Letter From The Editors, Michael Green & Emily Epstein

Loyola Interdisciplinary Journal of Public Interest Law

No abstract provided.