Law Commons^™

Unleashing Consultation: Tohono O’Odham Nation V. Department Of Interior And The Case For Reforming The National Historic Preservation Act, Elizabeth Tobey

Public Land & Resources Law Review

The Ninth Circuit’s 2025 decision in Tohono O’odham Nation v. Department of Interior highlights an ongoing failure by federal land management agencies to consult meaningfully with tribal nations as mandated by the 1966 National Historic Preservation Act. This article argues that the NHPA’s framework for tribal consultation enables federal land management agencies to sidestep meaningful engagement with tribes, undermining both cultural resource protection and the federal Indian trust responsibility. To address these deficiencies—particularly in the context of renewable energy development on federal public lands, directly at issue in Tohono O’odham Nation—this article proposes amendments to the NHPA informed by …

Wilderness Watch V. U.S. Forest Service, No. Cv 23-133-M-Dwm, 2025 Wl 2985292 (D. Mont. Oct. 23, 2025)., Gardner Dee

Public Land & Resources Law Review

This comment argues that the District of Montana’s decision in Wilderness Watch v. U.S. Forest Service correctly applied the Ninth Circuit’s Kofa framework to strike down a multi-agency native trout restoration project in the Absaroka-Beartooth Wilderness, holding that the Forest Service unlawfully prioritized Yellowstone cutthroat trout conservation over the Wilderness Act’s mandate to preserve wilderness character. Dee further contends that while large wilderness watersheds offer valuable climate refugia for native coldwater fish, watershed-scale restoration projects will continue to conflict with the Act’s prohibitions on motorized and mechanized intrusions so long as agencies rely on helicopter transport and rotenone application at …

Cardozo Law News Brief: May 15, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the May 15, 2026 Cardozo Law News Brief include:

• Cardozo Law announced the addition of three new faculty members: Mridula Raman, Stefen R. Short, and Fregine Sheehy, further strengthening the law school’s teaching, scholarship, and clinical programs.
• Professor Wilfred Codrington III spoke to Bloomberg Law about Voting Rights Act litigation and recent redistricting decisions, criticizing the Supreme Court’s approach to election law disputes.
• Professor Jessica Roth spoke to CNN and The Guardian about the South Carolina Supreme Court’s decision to overturn Alex Murdaugh’s murder convictions and the implications of a potential retrial.
• Professor Michael Pollack …

Frye Is So Last Century: It’S Time For Washington To Get With The Times, Darian Mullen

Seattle Journal of Technology, Environmental, & Innovation Law

This paper argues that Washington State should finally abandon the

Frye test for expert witnesses and adopt the Daubert test used by federal

courts and most states. It begins with a discussion of the background of

expert witnesses in the U.S. court system and its evolution through Frye.

Then, it looks at the increase in drunk driving in Washington State as a

case study for how the public depends on quality science to protect

individuals and punish wrongdoers. Through the case study, it is

apparent that Frye is an unworkable standard that should be superseded

by Daubert.

Welcome Tilly Norwood: Forecasting Hollywood’S Ai Policy Futures, Samuel P. Rooker

Senior Honors Projects, 2020-current

In late 2025, weekly trade publication Variety Magazine reported on the announcement of a new acting talent in Hollywood: Tilly Norwood. Norwood is an industry outsider and the pet project of Eline Van der Velden, who unveiled the actress’ existence to the world at the Zurich Film Festival. The announcement quickly gained media coverage while Van der Velden has since faced cyclical backlash from Hollywood trade unions, which does not seem entirely without reason. Tilly Norwood is a digital persona, a generative artificial intelligence (GenAI) program, designed by Van der Velden’s novel AI talent studio, Xicoia, to become the next …

“Parties Vs. The People” Reconsidering The Voting Mechanisms That Entrench A Bi-Party System In American Democracy, John A. Guthrie

Honors Scholar Theses

This thesis argues that while the founders accepted factions as inevitable within a free republic, the rise of plurality voting and the modern two-party system has distorted the constitutional balance they envisioned. By examining the emergence of America’s first political parties and the evolution of electoral systems, this thesis contends that electoral reforms such as ranked-choice, approval, and STAR voting may better preserve republican representation and reduce partisan domination.

The Search For Moby Dick: The Role Of State Law In Maritime Tort Cases, John E. Holloway

Washington and Lee Law Review Online

In 1917, the United States Supreme Court held in Southern Pacific v. Jensen that a state statute is invalid if it “interferes with the proper harmony and uniformity of [the general maritime law].” Over a century after Jensen, we still do not know the limits of this “uniformity principle.” Just two years ago, the United States Supreme Court found that this question—what is the role of state law in maritime cases?—remains “one of the most perplexing in the law.”

This Article tracks the Court’s struggle to make sense of the Uniformity principle. It surveys the Court’s inconsistent rulings and criticisms …

Holding Museums Accountable: Utilizing Criminal Sanctions To Support Repatriation Of Illegally Acquired Cultural Property, Mary Jane Apostle

Washington and Lee Law Review Online

Antiquities trafficking is the third largest form of illegal trade in the world after arms and drugs. In 2020, over 850,000 stolen or looted antiquities were seized worldwide, with the illegal trade growing significantly due to the rise of social media and online platforms. International law, federal agencies, and civil liability have not been successful in curtailing the illegal antiquities trade.

This Note traces New York’s legal evolution from protecting museums that displayed looted artifacts to mandating greater transparency through origin and ownership disclosures. Central to this shift is the creation of the Antiquities Trafficking Unit (ATU) by the Manhattan …

Awards Ceremony: Class Of 2026, Notre Dame Law School

Commencement Programs

On Friday, May 15, Notre Dame Law School recognized its graduating students at the annual Awards Ceremony. Awards were presented for academic achievement, including Honor Roll, Dean’s Circle, Faculty Excellence, and Program of Study distinctions, as well as for excellence in writing, trial advocacy, and moot court. Students were also celebrated for their service to Notre Dame, their classmates, and the broader community. Below, we highlight a selection of this year’s awards and recipients. Read the full news story here.

Off-The-Shelf Danger: The Need For Overhauling Faa Regulations To Combat The Misuse Of Commercial And Recreational Drones, Ka Ching "Cyrus" Au

Seattle Journal of Technology, Environmental, & Innovation Law

This article discusses how FAA Part 107 has not kept pace with

advances in drone technology and advocates for a tailored solution for

drones. The increasing accessibility of sophisticated drone technology

presents significant national security and public safety challenges.

Regulatory frameworks posed by the Federal Aviation Administration

(FAA) are insufficient to address these growing concerns. The drone

technology originally marketed and developed for photography,

agriculture, and package delivery is now being repurposed for military use

and illegal activities. In the Russo–Ukrainian war, drones are now used to

carry advanced reconnaissance capabilities or are equipped with remotely

detonated explosives. Along a …

Putting The Con In Con Law: Women’S Surgical Center V. Berry And How A Unique State Constitutional Provision On Contracts Intersects With Certificate Of Need Laws, John R. Oates

Emory Law Journal Online

This Comment explores Georgia’s “Anti-Competitive Contracts Clause” and Certificate of Need laws, the intersection of which was recently considered in the 2017 case Women’s Surgical Center v. Berry. Georgia is one of many states that still has Certificate of Need laws on its books. While these state laws have recently undergone minor legislative reform, judicial repeal of these laws may have a strong enough basis to succeed in Georgia. Though federal and state antitrust and constitutional laws offer many avenues for repeal, one such method specific to Georgia is the Anti-Competitive Contracts Clause, a constitutional provision which prohibits contracts …

“A Land No One Would Want”: Environmental Activism And The Rejection Of ‘Wasteland’ Narratives In Southern Nevada, Steven Butler

UNLV Theses, Dissertations, Professional Papers, and Capstones

This paper traces events within the history of environmental activism in Southern Nevada. The first chapter discusses the proposed high level nuclear waste repository at Yucca Mountain. The second chapter examines the closure of the Reid Gardner Generating Station in Moapa, Nevada. The third chapter details the Southern Nevada Water Authority’s Groundwater Development Project. Each of the three chapters is linked by common themes within the history of Southern Nevada environmental activism, including dedicated coalition-building and the refusal of “wastelanding” of the region.

Red, Blue, And Bordered: Factors Influencing Immigration Attitudes, Estefania Morales Vilchis

Political Science Student Papers and Posters

The paper will explore the various social and individual variables that will impact how people perceive immigration as either beneficial to society or a societal threat. Some of the primary variables that will be examined in detail are one’s political affiliation, age, and geographical location; this will address the profound "why" behind our current beliefs on newcomers. The study will particularly address the "Contact Hypothesis" versus "Group Threat Theory" through the lens of how one's personal experiences with immigrants, or lack of, will shape public opinion. The study will focus on the rising psychological issue of "demographic anxiety", specifically, fears …

Hammurabi’S Laws: Ancient Traditions Of Violence, Aaron Secrist

The Confluence

The tradition of enforcing private property through violence is truly ancient, and goes back thousands of years to the first civilizations. There exists a prevailing attitude that contemporary culture is more “civilized” than the first organized societies – and while it’s true in some ways, our laws are still remarkably similar to those practiced in antiquity. In the following essay, I analyze the Law Code of Hammurabi and examine its parallels to the way laws function today. First, I will provide context for the technological advances that made the first city-states possible, then give a cultural and economic overview of …

Revolution At A Snail’S Pace: Lessons From Chiapas, Adil Khan

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

On Knowledge As An Act, Zakaria Al Shmaly

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Weapons Of Mass Construction, Pia Baas

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Experience As A Site Of Knowing, Daphne Nicolaidis Saunders

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Maurizio Lazzarato. War And Money: The Imperialism Of The Dollar. New York, Ny: Verso Books, 2025. 216 Pp., Victor Stout

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Resilience Otherwise: Ambivalence, Care, And The Cultural Politics Of Endurance Under Neoliberal Capitalism, Vered Ben David

Emancipations: A Journal of Critical Social Analysis

Over the past two decades, resilience has emerged as a central cultural keyword circulating across psychology, public policy, education, labor, and popular culture. Frequently celebrated as a marker of strength and adaptability, resilience has also become entangled with neoliberal forms of governance that relocate responsibility for managing insecurity onto individuals and communities. This analysis offers a critical cultural account of resilience as an ambivalent formation that operates simultaneously as a lived capacity for adaptation and as a normative demand that responsibilizes subjects under conditions of structural precarity. Drawing on scholarship in developmental psychology, political economy, and critical cultural theory, the …

Thinking Life: The Question Of Reproduction In Marx. Translated By James Chamberlain, Isabelle Garo

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

The Political Economy Of Fashion Sustainability Regulation, Meital Peleg Mizrachi, Rachel Chambers

UC Law Business Journal

The global fashion industry is one of the world’s most polluting and exploitative sectors, emitting more greenhouse gases than all international flights and maritime shipping combined, driving extensive water contamination and waste, and relying on labor conditions that remain chronically unsafe and underpaid. Regulation has attempted to respond, but with limited success. Existing sustainability oversight—ranging from import bans and human rights due diligence statutes to environmental taxes and voluntary industry frameworks—remains fragmented and unevenly enforced, shaped by geopolitical tensions, protectionist agendas, and shifting policy priorities. This Article reviews the rapidly evolving landscape of fashion sustainability regulation over the past decade …

Rosenbrook V. Lloyd, 142 Nev. Adv. Op. 36 (May 14, 2026), David Elder

Nevada Supreme Court Summaries

Motions to dismiss in defamation cases should not be granted in full when some communications are protected under the anti-SLAPP statute and others are not.

Carter (Tyler) V. State Of Nevada, 123 Nev. Adv. Op. 45 (May. 14, 2026), Natalie D'Ambrosio

Nevada Supreme Court Summaries

Carter v. State of Nevada holds that drivers involved in injury crashes must stop, provide identification, and render reasonable assistance, but are not required to remain at the scene until law enforcement authorizes departure.

Completely Abandon Complete Auto: Why Modern Tax Policy Challenges Require Removing The Commerce Clause’S Restrictions On State Taxation, Peter Nielsen

UC Law Business Journal

The Complete Auto four-prong test is the modern analytical framework for courts to analyze whether a state-level tax discriminates against interstate commerce in violation of the Dormant Commerce Clause. The test asks whether (i) the taxpayer has substantial nexus to the taxing state, (ii) the tax is fairly apportioned to reflect the taxpayer’s activities in the state, (iii) the tax discriminates against interstate economic activity in favor of local activity, and (iv) the tax is fairly related to the goods and services provided by the state. The Complete Auto test faces critiques from both judges and scholars for its inconsistent …

Masthead

UC Law Business Journal

No abstract provided.

Foreword, Jonathan Engelmann, Audrey Nguyen

UC Law Business Journal

No abstract provided.

After The “Partner Run”: The Dewey & Leboeuf Diaspora, Andrew Granato

UC Law Business Journal

“Partner runs”—mass, near-instantaneous departures of partners from distressed law firms—are a distinctive feature of the American legal profession, produced by an interaction of legal ethics rules, partnership governance, and bankruptcy law. A partner run means that even large and profitable law firms can abruptly liquidate. Given this fragility, it is urgent to learn: do partner runs and the governance law that enables them impose lasting harm on the legal profession by permanently damaging the careers of the lawyers caught in them?

This Article provides the first comprehensive empirical examination of this issue using the 2012 bankruptcy of Dewey & LeBoeuf, …

How The Dma Obligations Model Fails To Protect Online Markets’ Contestability And Proposals For Reform, Dermot Cahill, Jing Wang

UC Law Business Journal

This Article makes a significant contribution to the debate on whether the model underpinning the much-heralded European Union Digital Market Act (“DMA”) can provide a comprehensive level of protection against online gatekeepers’ abusive practices and achieve the DMA’s proclaimed ambition to protect online markets’ contestability in the digital space. To illustrate model-failure, key European Commission (“Commission”) enforcement decisions in the years leading up to the DMA’s enactment are examined to show less than optimal outcomes were achieved by the Commission’s attempts to grapple with gatekeepers’ anti-competitive exclusionary practices. The Authors proceed to demonstrate how the DMA’s “obligations list” model will …

California (+6.5) Vs. Sportsbooks: Cooperative Federalism & The Future Of Sports Gambling In California, Kyle Geffon

UC Law Business Journal

No abstract provided.