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The Second Amendment, Illegal Aliens, And The Bruen Test: Defending The Constitutionality Of 18 U.S.C. § 922(G)(5), Ian Duncan

Cleveland State Law Review

This Note examines the constitutionality of 18 U.S.C. § 922(g)(5), which prohibits unlawful aliens from possessing firearms, under the Supreme Court’s text-and-history framework announced in New York State Rifle & Pistol Ass’n, Inc. v. Bruen and developed further in United States v. Rahimi. In the wake of Bruen, lower courts have fractured over how strictly to demand historical analogues and how to treat longstanding status-based restrictions in § 922, including prohibitions on possession by felons, domestic-violence offenders, and noncitizens. Against that backdrop, this Note argues that § 922(g)(5) is constitutionally sound.

Part I traces the development of Second …

Local Rulemaking, Zachary D. Clopton, Marin K. Levy

Duke Law Journal

Any case heard in a United States federal court must adhere to a set of rules—or rather, a few different sets of rules. Regardless of the subject matter of the suit, the parties (and the judge) must follow the relevant Federal Rules. But that is not all. Parties bringing the case must also comply with local rules—those important rules that govern litigation in the space between and around the Federal Rules. These district- and circuit-specific rules govern highly consequential aspects of federal litigation, such as how cases will be assigned to judges, how those cases will then be managed, and …

The End Of Means-End Scrutiny, Francesca Procaccini

Duke Law Journal

It is black-letter law that courts apply means-end scrutiny to evaluate laws that burden constitutional rights. Not anymore. Discreetly and pervasively, the Supreme Court has ousted means-end scrutiny from constitutional law. It has done so through a series of smaller and seemingly unconnected doctrinal incursions, including the introduction of history and tradition tests, the transformation of equality doctrines, and the embrace of formalist rules to govern constitutional law.

This Article provides a complete and interconnected critique of the numerous doctrinal transformations that together comprise the larger constitutional revolution of ending means-end scrutiny. It tracks how this upheaval now touches nearly …

Supervising The Omnipresent Casino: Evaluating The Role Of State And Local Regulation In Stemming Youth Addiction To Sports Gambling, Matthew Connor Flink

Duke Law Journal

Since 2018, state legalization of sports betting and the industry’s corresponding proliferation has driven an epidemic of youth addiction. Current state legislation and regulations do little to combat youth addiction. Many legal scholars emphasize the value that a federal regulatory regime would provide to reign in youth sports betting. This Note explores the value that state and local government can have in the sports gambling space. To illustrate the unique importance of state and local legislation and regulation of sports betting, this Note analogizes to another addictive product with a history of youth addiction: nicotine.

Nicotine has been a regulatory …

"The Persistent And Muddy Dispute": How The Facial/As-Applied Distinction Creates Problems For Constitutional Litigants, Sean P. Wilson

Duke Law Journal

The distinction between facial and as-applied challenges continues to play a central role in constitutional litigation, including at the Supreme Court. Yet, the distinction and its related rules have long suffered from a lack of doctrinal clarity and consistency. This Note sets out a descriptive taxonomy of three problems facing constitutional litigants because of the murkiness surrounding the facial/as-applied distinction.

First, the “Doctrinal-Test Problem” refers to the fact that many constitutional doctrines appear to require the courts to engage in facial adjudication, even if a litigant wishes to bring an as-applied claim. Thus, as-applied litigants are forced into facial challenges, …

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 …

“I Plead Ignorance”: Autonomous Weapons And Criminal Liability For Not Knowing The Knowable, Jonathan Kwik

International Law Studies

This article argues that the unpredictability and unintuitive behavior of modern artificial intelligence provide more opportunities for users of autonomous weapon systems (AWS) to remain ignorant of risks posed by their systems to protected entities on the battlefield, and that this ignorance can be maintained even in iterative situations featuring a prior civilian casualty event. It demonstrates this theorem through illustrative targeting scenarios, before formalizing the argument through a model showing the evolution of an AWS-user’s mens rea as they receive notice of a prior incident, and choose to pursue—or not pursue—an inquiry. This analysis reveals a perverse incentive structure, …

Ice, Minneapolis, And Beyond, Center For Rights And Justice, Cardozo Civil Rights Clinic, Kathryn O. Greenberg Immigration Justice Clinic

2025–2026 Flyers

Join Cardozo professors for a timely discussion examining ICE enforcement, civil liberties, and the evolving legal landscape. The panel will explore recent developments in Minneapolis and their broader national implications..

Creative Prison Food, Death Penalty And Criminal Defense Clinic

2025–2026 Flyers

In our True Crime era, we have seen videos, TV shows and and other outlets talking about the creativity of those who are incarcerated. Join us for Q&A and time to make food often prepares by incarcerated individuals.

Design Patents: Protecting Creativity In The Marketplace, Cardozo Intellectual Property Law Society (Ipls), Cardozo Fame Center, Cardozo Fashion Law Society

2025–2026 Flyers

Join IPLS, FLS, and FAME to learn how design patents safeguard innovative visual creations in fashion and technology and how attorneys use it to protect brand identity and creative expression.

Wednesday, February11th at 12:40pm, Room 423 Sign up using the QR code to reserve your spot!

Special Screening And Panel: The Alabama Solution, Perlmutter Center For Legal Justice, Death Penalty And Criminal Defense Clinic

2025–2026 Flyers

No abstract provided.

The Fourth Amendment’S Failure To Protect Against Mass Dna Collection At The Border, Zoe Holtzman

Duke Law Journal

The U.S. government has long surveilled immigrant communities by collecting identifying information, including biometric data. The passage of the DNA Fingerprint Act of 2005 expanded the possible sources of data to include DNA. In 2020, the Trump administration seized on the permissive language of the statute to require that DNA be collected from nearly every noncitizen detained by the federal government. Now, 2.6 million noncitizens and counting have their DNA permanently stored by the federal government. This expansive surveillance program operates despite the Fourth Amendment’s promise of protection because of the exceptionalism of both DNA searches and the border in …

The Perlmutter Center For Legal Justice And The Death Penalty And Criminal Defense Clinic Present A Screening Of The Oscar-Nominated Film: The Alabama Solution, Perlmutter Center For Legal Justice At Cardozo Law, Death Penalty And Criminal Defense Clinic

2026 Event Invitations

The Alabama Solution is a groundbreaking, critically-acclaimed HBO documentary released in 2025, documenting prison conditions in Alabama from footage recorded by people experiencing incarceration. The screening will be followed by a panel led by Perlmutter Center Deputy Director Derrick Hamilton.

Panelists

• Jose Saldana: Director, Release Aging People in Prison Campaign

• Dr. Donna Hylton: Founder and CEO, A Little Piece of Light

• Alex Duran: Co-Producer of Academy Award Nominated Film, The Alabama Solution

• David Garlock: Reentry professional and criminal justice reform advocate

• Sumeet Sharma: Director, Policy and Communications at the Correctional Association of New York

Pop-Up Forum: Ice, Minneapolis, And Beyond, Center For Rights And Justice, Civil Rights Clinic, Kathryn O. Greenberg Immigration Justice Clinic

2026 Event Invitations

Join Cardozo professors to discuss and try to better understand what’s been happening in Minneapolis and around the country. We will try to answer such questions as: Are the Vice President and Deputy Chief of Staff correct that ICE officers are entitled to immunity from civil liability and criminal prosecution? Can ICE officers enter a home without a warrant as asserted in the leaked DHS memo? Can states prosecute federal officials for crimes committed in the course of duty? Does ICE have law enforcement authority beyond basic immigration enforcement? What legal remedies exist when ICE injures or kills someone? What …

Penegakan Peraturan Lalu Lintas Dan Kepatuhan Terhadapnya (Dengan Minat Khusus Kota Jakarta), Soerjono Soekanto

Jurnal Hukum & Pembangunan

Abstract

Book Review: We're All Traditionalists Now (Most Of The Time), Richard H. Fallon, Jr., The Changing Constitution: Constitutional Law In The Trump-Era Supreme Court, Michael Gentithes

ConLawNOW

This review highlights the scope and importance of Richard Fallon’s book, The Changing Constitution: Constitutional Law in the Trump-Era Supreme Court. Fallon, a giant of constitutional work, provides a comprehensive, accessible, and vitally important catalogue of the Court’s methodological changes in his posthumously published book. The book argues that while textualism and originalism “have achieved unparalleled prominence,” the Court is also “not consistently originalist” and often relies on a version of traditionalism, similar to but importantly distinct from originalism, that marks an important and undertheorized change. And in yet other areas, the Court eschews either originalism or traditionalism for …

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 …

Wildearth Guardians V. U.S. Dept. Of Agric. Animal And Plant Health Inspection Serv. Wildlife Services, Luke A. Zagar

Public Land & Resources Law Review

WildEarth Guardians v. U.S. Dept. of Agric. Animal and Plant Health Inspection Serv. Wildlife Services considers whether Predator Damage Management (“PDM”) programs in Wilderness Areas violate the Wilderness Act and whether the United States Department of Agriculture’s Animal and Plant Health Inspection Service, Wildlife Services (“Wildlife Services”) violated the National Environmental Policy Act (“NEPA”) in issuing its Final Environmental Assessment (“EA”) and Finding of No Significant Impact (“FONSI”). The Court of Appeals for the Ninth Circuit affirmed its prior holding in Forest Guardians v. Naimal & Plant Health Inspection Serv., finding that “the Wilderness Act does not prohibit Wildlife Service …

Forward Momentum

DePaul Magazine

Mission: Forward, the most ambitious philanthropic campaign in DePaul’s history, is fueling purpose-driven education to solve society’s biggest challenges. Learn and watch videos about DePaul programs and initiatives that exemplify the campaign through academic innovation, interdisciplinary collaboration, service-oriented community partnership and activist scholarship.

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 …

Fireside Chat | Ethan L. Silver ’02: The Evolving Landscape Of Crypto, Ronald H. Filler Institute For Financial Services Law

Ronald H. Filler Institute for Financial Services Law

February 10, 2026

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

Data Management Plans For Grant Proposals, Rubab Shahzad

Day Family Research Lab Workshop Series

Fundamentals of research data management and how to create effective Data Management Plans (DMPs) and Data Management Sharing Plans (DMSP)

Protecting Journalism From National Security In Contemporary India, Manish .

National Law School of India Review

Freedom of the press is an important element of a robust democracy. In India, press freedom lacks statutory protection, leaving constitutional protection under Article 19(1)(a) as the only remedy. In recent years, the use of anti-terror laws against journalists investigating alleged lapses or excesses by the state has posed a particular threat to press freedom, given the largely minimalist and statist interpretation that the Supreme Court of India has given to these laws. This has been compounded by the election and re-election of an autocratic populist government to Parliament, which has sought to use law as a means of ensuring …

Mmu: 02/09/26-02/15/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Vol. 70, No. 5 (February 9, 2026)

Indiana Law Annotated

No abstract provided.

Law School News: Roger Williams University School Of Law Launches Spring Cle Series For Rhode Island Attorneys 02-09-2026, Eryn Parlin, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.