Law Commons^™

Farewell To An Idea- The Coming End Of Tiered Scrutiny, Stephen Smith

Faculty Publications

No abstract provided.

Towards A Theoretical Account Of The Refugee In International Law, Catherine Dauvergne

All Faculty Publications

The ambition of this work is to describe what it would mean to interject the concept of the refugee into theoretical accounts of international law and to argue that this undertaking is overdue and increasingly necessary. The starting point is the twinned observations that the refugee is almost entirely absent from international legal theory, and that refugee law scholarship has rarely engaged with the dominant narratives of international legal theory. Despite being a creature of the law, the refugee is more theoretically anchored in accounts of international relations than in theoretical accounts of the law. The article begins outside legal …

Cardozo Celebrates Pride With 10th Annual Pride Brunch, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo celebrated the 10th Annual Pride Brunch on June 29, bringing together students and alumni in the Ruth & H. Bert Mack Pavilion to watch the NYC Pride March. Hosted by the Alumni Association and OUTlaw Alumni Group, the event honored the school’s vibrant LGBTQ+ community and marked the 10th anniversary of Obergefell v. Hodges. Proceeds supported the Paris Baldacci Scholarship, which benefits students advancing LGBTQ+ rights through clinics, externships, or activism, honoring the legacy of the late professor and his groundbreaking advocacy.

Oped: Forced Disappearances In New Mexico 2025, Jennifer Moore, Antoinette M. Sedillo Lopez, Linda Serrato

Faculty Scholarship

Immigration raids and unaccounted-for seizures of human beings are occurring in New Mexico and throughout the country, with increases in their frequency and magnitude as of June 2025. As we celebrate our Independence, every U.S. citizen should do some soul searching–to seek the soul of our nation. We call on our federal elected officials to work to ensure that enforced disappearances do not happen in our beloved country. As elected representatives and educators we demand to know where our constituents are being held and under what allegations. And we ask ICE agents to consider their actions. History did not look …

Treatment Initiations And Opioid Overdoses Among Recently Incarcerated People After Adoption Of The Take-Home Methadone Policy, Benjamin Barsky, Shapei Yan, Meredith B. Rosenthal

Faculty Scholarship

Opioid overdose is the leading cause of death among recently incarcerated people. Take-home methadone flexibilities adopted at the COVID-19 pandemic’s outset may have facilitated opioid use disorder treatment initiations and prevented opioid overdoses for this population. These flexibilities may have particularly enhanced treatment initiations for rural residents, given relaxed in-person methadone treatment requirements. Leveraging the Massachusetts Department of Public Health’s Public Health Data Warehouse, we assessed whether the Massachusetts take-home methadone policy was associated with changes in post-release initiations of medications for opioid use disorder (MOUD) (i.e., methadone, buprenorphine, and extended-release naltrexone) and opioid overdoses among recently released people, including …

Co-Optive Constitutionalism, Raquel Muñiz, Andrés Castro Samayoa

Northwestern Journal of Law & Social Policy

In this Article, we introduce the concept of co-optive constitutionalism, a rhetorical mechanism through which the U.S. Supreme Court dismantles civil rights protections while paradoxically employing civil rights language to legitimize these regressive outcomes. Through a detailed analysis of the majority, concurrences, and dissents in Students for Fair Admissions v. Harvard, we demonstrate how the Court's conservative majority strategically appropriates progressive ideals, selectively quotes precedent, and redefines equality to justify overturning decades-long precedent permitting race-conscious admissions. We situate co-optive constitutionalism within the broader conservative legal political movement spearheaded by the Federalist Society, revealing how judicial rhetoric aligns with conservative political …

The Walk Away From Racial Equality, Areto Imoukhuede

Northwestern Journal of Law & Social Policy

This article demonstrates that the U.S. Supreme Court has walked away from racial equality in favor of the same liberal equality approach that was the foundation for Plessy v. Ferguson’s “separate but equal” doctrine. The Court’s recent affirmative action cases, from Grutter and Gratz v. Bollinger, to Fisher v. University of Texas, to Students for Fair Admissions v. President and Fellows of Harvard College, all apply a liberal equality theory that is hostile to racial equality. In the lead-up to these cases, the Court abandoned its Brown-era interpretation of equality under the Fourteenth Amendment Equal Protection Clause in favor of …

Disability Activism And Legal Education: How The Student And Parent Activists Of The Disability Rights Movement Paved The Way For Law Students To Challenge Discrimination, Dana Dworkin

Northwestern Journal of Law & Social Policy

Disability discrimination in education is a long-standing and powerful tradition in the United States. Students with disabilities in higher education have historically been, and continue to be, the most powerful harbingers of change in eliminating disability discrimination in education. The birth of the disability rights movement occurred in higher education institutions across the nation in the 1970s, and the movement achieved both cultural and legislative success. Its spirit continues on today in U.S. law schools. Law students with disabilities are utilizing the legislative advances achieved by the disability rights activists of yesteryear in order to create a more equitable system …

Sparing The Gory Details: Legal And Social Inertia And The Refusal To Confront The Body In Pregnancy, Francesca Laguardia

Northwestern Journal of Law & Social Policy

Health, including pain, suffering, blood, and guts, has always played an outsized role in legal and public analysis of abortion. Since the overturning of Roe v. Wade, the health implications of forced childbirth have returned to the public’s attention, as evidenced by prevalent health exceptions to abortion bans, legal actions in regard to those bans and exceptions, public attention to those cases, and public opinion polling. Recent, highly publicized cases of medical emergencies associated with pregnancy could be expected to reinvigorate a public exploration of the health risks of pregnancy, but the public has consistently refused to acknowledge the full …

Making The New Public Safety Safe, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Shawn Fields' The New Public Safety: Police Reform and the Lurking Threat to Civil Liberties, which will be published by the University of California Press in September, is a brave and wise effort to envision a post-DeFund the Police world. While the defund movement has, at best, been a mixed success, some municipalities have experimented with de-policing routine interactions with people who are unhoused and mentally ill, authorizing civilian "violence interrupters" to roam the streets, and handing over traffic enforcement to unarmed officials. In The New Public Safety, Fields endorses these developments but also cautions that, without regulation, they will …

From Petrostate To Precedent: The Impact Of Held V. Montana On Future Climate Litigation And The Urgent Need For Federal Climate Action, Hailey Rizzo

Ocean and Coastal Law Journal

In 1972, Montana, a prominent petrostate, amended its constitution to enshrine the inalienable right to a clean and healthful environment. After decades of fossil fuel production and consumption, which led to high levels of greenhouse gas emissions, this green amendment became the foundation of Held v. Montana--the first youth-led constitutional climate case to prevail against a petrostate. This Article illustrates the importance of Held for the plaintiffs in the case, for current and future residents of the state, and for plaintiffs in future climate change litigation. This Article also urges the federal government to provide an avenue for redress for …

المهارات القيادية ودورها في اتخاذ القرارات أثناء إدارة الأزمات, مفلح حامد السلمي

Journal of the Association of Arab Universities for Research in Higher Education مجلة اتحاد الجامعات العربية للبحوث في التعليم العالي

هدفت الدراسة إلى التعرف على المهارات القيادية ودورها في اتخاذ القرارات أثناء إدارة الأزمات في المنظمات، واستخدم الباحث المنهج الوصفي المسحي، وقائمة الاستقصاء كأداة للدراسة، وتم اختيار عينة عشوائية بسيطة عددها (648) مفردة لتطبيق هذه الدراسة، وتوصلت الدراسة إلى عدة نتائج من أبرزها: أن أفراد عينة الدراسة موافقون بشدة على أبرز المهارات القيادية لإدارة الأزمات بمتوسط حسابي بلغ (4.48)، وأن أفراد عينة الدراسة موافقون على واقع اتخاذ القرارات أثناء إدارة الأزمات في المنظمات بمتوسط حسابي بلغ (3.91)، وأن أفراد عينة الدراسة موافقون بشدة على مدى تأثير المهارات القيادية في عملية اتخاذ القرارات أثناء إدارة الأزمات بمتوسط حسابي بلغ (4.49)، كما …

إدارة الازمات بالذكاء الاصطناعي: دراسة تحليلية لبناء نموذج تكاملي, نعيم عطا الله الجهني

Journal of the Association of Arab Universities for Research in Higher Education مجلة اتحاد الجامعات العربية للبحوث في التعليم العالي

هدفت هذه الدراسة التحليلية الى تقديم نموذج تكاملي يحقق التكامل بين نماذج إدارة الأزمات التقليدية وتطبيقات الذكاء الاصطناعي وذلك من خلال استعراض أهم نماذج إدارة الأزمات ومعرفة الفائدة من تكاملها مع الذكاء الاصطناعي وتسليط الضوء على تطبيقات الذكاء الاصطناعي في إدارة الأزمات مع ايضاح المتطلبات الأساسية لتحقيق هذا التكامل وتم الاعتماد على المنهج الوصفي التحليلي من حيث وصف الأبعاد والمتغيرات المتصلة بمشكلة الدراسة وذلك بالرجوع الى الأدبيات النظرية والدراسات السابقة الحديثة التي تناولت موضوع الدراسة.

This analytical study aimed to present an integrative model that achieves integration between traditional crisis management models and artificial intelligence applications. This was achieved by …

دور مديرية الأمن العام - الدفاع المدني في التعامل مع الأزمات والكوارث, محمد محمود العمري

Journal of the Association of Arab Universities for Research in Higher Education مجلة اتحاد الجامعات العربية للبحوث في التعليم العالي

سعت هذه الدراسة إلى تسليط الضوء على دور مديرية الأمن العام في المملكة الأردنية الهاشمية في التعامل مع الأزمات والكوارث، ومدى اهتمام جلالة الملك عبدالله الثاني ابن الحسين حفظه الله ورعاه بدعم مديرية الأمن العام كمؤسسة وطنية تقوم بواجبات متكاملة بتنفيذ واجبات الأمن العملياتية والإنسانية والحماية المدنية. كما تم التعرف إلى دور مديرية الأمن العام - الدفاع المدني من خلال تنفيذ واجبات الحماية المدنية كشريك مع باقي المؤسسات الوطنية وفق خطط مدروسة في التعامل مع الأزمة والكارثة، واستخدم الباحث في هذه الدراسة المنهج الوصفي التحليلي، وخلصت الدراسة إلى عدت نتائج من أبرزها أن مديرية الأمن العام في المملكة الأردنية الهاشمية …

Medium Matters In Preparing For Law Practice: Critical E-Reading, Amanda L. Sholtis

Faculty Scholarship

No abstract provided.

The Legal Significance Of Gender Inclusive Language In The North Dakota Constitution, Paul Benjamin Linton

UC Law Constitutional Quarterly

No abstract provided.

Legal Feasibility Of Uniform International Commercial Intellectual Property Terms (Incoipterms) In International Trade Contracts By Modeling Incoterms, Seyed Mohsen Hasheminasab Zavare

LLM Theses

In today's global landscape, protecting intellectual property in international commercial contracts is of paramount importance. Addressing concerns and establishing clear terms for intellectual property protection is crucial due to the prevalence of infringements and varying interpretations. The International Chamber of Commerce (ICC) has taken a significant step by introducing Incoterms within the framework of international goods sales. These commercial terms play a major role in international trade law, extending beyond mere contractual regulations. On one hand, they reflect commercial customs, and on the other, they precisely define the rights, obligations, and duties of the involved parties to prevent disputes and …

Up In Smoke: How Recent Court Rulings Have Torched Big Tech’S Litigation Strategy And Why It Matters, David Earl Wietlispach

Nebraska Law Bulletin (Selected Issues)

As the title of this paper suggests, there are parallels between what happened to Big Tobacco and what could happen to Big Tech should its litigation strategy fail. Big Tech, like Big Tobacco before it, could stand to lose billions of dollars in judgments and settlements. More importantly, regulations—if allowed to take root—could upend Big Tech’s platform business model. Either outcome, or both, could fundamentally rewrite the relationship between Big Tech and its users. If Big Tech’s litigation strategy truly goes up in smoke, these colossal corporations could find themselves in a magnificent mess.

Minority Day Hearing On American Innovation And The Future Of Digital Assets: From Blueprint To A Functional Framework, Hilary J. Allen

Legislative Testimony & Comments

When we hear from the crypto industry that existing regulation is incompatible with their technology, that is a misdirection. It is entirely possible for a blockchain-based technology business to comply with existing investor protection and financial stability regulation. However, for many crypto businesses, it may be true that existing regulation is incompatible with the economics of their business model, especially if their business model depends on doing things that we have learned, over the years, tend to harm people. But we have little to lose as a society from limiting the profitability of this kind of business model; unfortunately, the …

Education Equity For Transgender And Gender-Diverse Persons In India: Insights Into Implementation Hurdles, Dipika Jain, Natasha Aggarwal, Kanmani Ray, Surbhi Karwa, Disha Chaudhari, Rishav Devrani

Michigan Journal of Gender & Law

Part I of this article presents international, global, and national approaches to the right to education for transgender and gender-diverse persons. It then describes the Indian approach—the NALSA judgment and the Transgender Persons Act. Finally, it provides anecdotal insight into the lived experiences of transgender and gender-diverse persons and the marginalization they face.

Part II outlines: (i) the rationale of this study, (ii) the research methodology, and (iii) the questions in the right to information requests, which have formed the basis for investigating the landscape of education rights for transgender and gender-diverse students.

Part III provides an overview of the …

Whose Right(S)?: Civil Rights Impact Of Cultural Conflicts In The Curriculum, S. David Mitchell

Faculty Publications

Statutes seeking to prohibit the teaching of certain curricular topics that are considered divisive infringe upon the civil rights of students, parents, and teachers. The conflict over what should be taught implicates the rights of students, specifically their right to receive and to learn information; the rights of parents, specifically the right to control the education of their children; and the rights of teachers, specifically the First Amendment and academic freedom. “Anti-Woke” legislation, as it is broadly termed, is designed to silence those who seek to engage in the critical analysis of the structural and systemic barriers that have prevented …

Teaching With Ai - And Teaching Students To Use It Well, John Lande

Faculty Publications

This article argues that the rapid integration of artificial intelligence (AI) into legal practice creates an opportunity-and need-for legal educators to rethink and improve their courses. While some faculty fear that AI will erode students' skills or encourage academic dishonesty, thoughtful use of AI tools in legal education actually can promote deeper learning, improve student writing, and reveal how students actually think. The article distinguishes between summative and formative assessment and explains how AI can produce meaningful formative feedback. It offers specific examples of AI-based assignments that can help students build core professional skills, and it highlights the importance of …

The Mysterious Power Of Land Use Law: Constructing A Framework Law For Climate Resilient Development, John R. Nolon, Maureen Hartwell

Elisabeth Haub School of Law Faculty Publications

This Article introduces and explains Climate Resilient Development (CRD), which is relied upon by the Intergovernmental Panel on Climate Change (IPCC) as a primary method of managing climate change. CRD "integrates adaptation measures and their enabling conditions with mitigation to advance sustainable development for all." 1 CRD illuminates the close relationship between adaptive and mitigative development and land use law, particularly the authority delegated to local governments to regulate and incentivize private land development and conservation. The Article unveils a legal structure that is followed in most states to organize local laws that affect land development; as such, it facilitates …

When Victims Become Responsible: Deputizing School Personnel And Destruction Of Qualified Immunity, Milija Zgonjanin

The Journal of Law and Education

No abstract provided.

Notre Dame Lawyers Connect Summer 2025, Notre Dame Law School

Notre Dame Lawyers Connect

New Veterans Law Clinic

Two Notre Dame Law School graduates to clerk at U.S. Supreme Court

Class of 2025 Commencement

Class of 2025 Highest Academic Awards

Religious Liberty Summit

Death Penalty Abolition Week

Save the Date: 2025 Law Homecoming Weekend September 19 & 20

Notre Dame Affinity Alumni Reunion Weekend Recap

Alumni Events - New York, Indianapolis, Los Angeles

Sadie Blanchard and Sherif Girgis granted tenure and promoted to full professor

Lardy Scholarship Award 2025-26

Notre Dame Law Association

One Hundred Years Of Morales Y Benet V. La Junta Local De Inscripciones: The Use Of The Insular Cases To Deny Women’S Voting Rights In Puerto Rico, Joel Andrews Cosme-Morales

Michigan Journal of Gender & Law

The centenary of

Morales y Benet provides an opportunity to reflect on the inequalities women faced under Puerto Rican colonialism in the early 20th century, shaped by the legal imperialism of the United States over the archipelago. This article explores the holding in Morales y Benet v. La Junta Local de Inscripciones and its impact on women’s lives during the last 100 years.

The decision in

Morales y Benet came at a time when women in the mainland United States had already secured the right to vote, following decades of suffrage activism that culminated in the passage of the Nineteenth …

What's The Matter With Lozada: How The Board Of Immigration Appeals Coerces Immigration Lawyers To Breach Legal Ethics, Kari E. Hong

Articles

In general, if an attorney makes a mistake, they can cure it by notifying the forum and filing the appropriate remedy. Immigration law, by contrast, stands alone by requiring the client (or a new attorney) to corroborate any mistake by filing a bar complaint against the first attorney. This requirement was established in a 1988 case, called Matter of Lozada. Much has been written on how the Lozada rule is unnecessary (a mistake does not need to be corroborated by a bar complaint and state bars are complaining about a deluge of unnecessary complaints for negligence) and harms the immigration …

Immigration Federalism In The Second Trump Administration, Stella Burch Elias

Articles

This Article explores the ongoing transformation of state and local engagement in immigration-related rulemaking in the United States during the Second Trump Administration. The Article examines the myriad ways in which federal executive actions and state responses to those actions, alongside independent state actions and the federal government’s responses to those actions, are upending longestablished immigration law doctrines and shifting the borders of American federalism. The Article discusses legal scholars’ previous understanding of immigration federalism, embodied in United States v. Arizona, and the prior distinctions between permissible “alienage” laws and impermissible “immigration” laws, which could not be introduced by state …

I'Ve Been Here Before: My Second Run Of "The First 100 Days", Vanessa Montoya

Articles

No abstract provided.

Executive Clemency And Immigration Federalism: Reconsidering Presidential Power Over Deportation, Linus Chan, Lauren Butler, Emma Wittmer

Articles

No abstract provided.