Law Commons^™

Full Issue

BYU Law Review

No abstract provided.

Letter From The Editor

Notre Dame Journal of International & Comparative Law

No abstract provided.

Federalism, Treaty Norms, And The U.N. Report On American Education, Jorge Barrera-Rojas

Notre Dame Journal of International & Comparative Law

United Nations Special Rapporteurs assess national compliance with international human rights obligations, including educational rights articulated in treaties such as the International Covenant on Economic, Social, and Cultural Rights ("ICESCR"). These evaluations typically involve treaty-bound states with explicit international commitments. However, the applicability of such assessments is less straightforward in non-ratifying federal states, such as the US, which rely on diverse state-level constitutional provisions rather than federal treaty obligations.

This Article critically examines the 2025 Report of the Special Rapporteur on the Right to Education, following the Rapporteur's first official visit specifically addressing U.S. K-12 education policy. The analysis identifies …

From Pirates To Corporations: The Evolving Battleground Of The Alien Tort Statute, Marin Larkin

Notre Dame Journal of International & Comparative Law

No abstract provided.

A Comparative Analysis Of The Rule Of Lenity And National Power Structures, Albert Kwon

Notre Dame Journal of International & Comparative Law

No abstract provided.

All Things Adr, Kukin Program For Conflict Resolution, Cardozo Dispute Resolution Competition Honor Society (Cdrchs), Cardozo Dispute Resolution Society (Cdrs)

2025–2026 Flyers

Please join the Kukin Program for Conflict Resolution for All Things ADR, to learn about the dispute resolution societies, competitions and clinics offered at Cardozo.

We will provide information about programs such as the Dispute Resolution Honor Competition Society, the Cardozo Journal of Conflict Resolution, the Cardozo Dispute Resolution Society, the Dispute Resolution Clinics, and the Certificate in Dispute Resolution.

Beyond The Genius Act: Regulatory Gaps And Operational Challenges In Stablecoin Adoption, David Krause

University of Miami Law Review

The enactment of the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act in July 2025 represents a pivotal shift in the digital asset landscape, providing a federal framework for payment stablecoins and addressing critical issues of transparency and reserve backing. However, this Article argues that the GENIUS Act addresses only a subset of the systemic inefficiencies hindering the transition of stablecoins from speculative instruments to institutional-grade financial tools. Through an analysis of current market data and regulatory gaps, this Article identifies four persistent challenges: fragmented liquidity across geographic corridors, practical spendability constraints rooted in tax and accounting treatment, …

Adaptable Ai Apprentices: Law Practice Sidekicks, Henry H. Perritt, Jr.

University of Miami Law Review

Two case studies involving motorcycle-accident negligence and administrative law in the context of drone regulation violations explore the transformative potential of generative AI in legal practice. Four AI engines—DeepSeek, Claude, ChatGPT, and Grok—were asked to analyze transcripts of client interviews by identifying legal claims and assessing their strengths and weaknesses.

The results demonstrate that current AI technology effectively processes natural-language client interviews, identifies viable legal theories, and assesses claim strengths and weaknesses in both tort and administrative law contexts. The AI systems demonstrated proficiency in parsing legal theories and citing relevant statutes and administrative regulations, though case citations were frequently …

Queer Of Color Critique And The Politics Of Epistemic Agency: Rural Educators Desettling Curricular Expectations, C.A. Langerud, Madelaine Adelman, Daniel D. Liou

Journal of Queer and Trans Studies in Education

The purpose of this research is to use queer of color critique (QOCC) as an analytical framework to explore rural K-12 educators’ epistemic agency. The research focuses on educators’ engagement with a national initiative by an advocacy organization to distribute LGBTQ+ and racially diverse books to K-12 schools. The analysis centers on the educators’ praxis of epistemic agency against settled expectations associated with including queer and trans People of Color’s (QTPOC’s) stories in their schools. Our findings on educators’ epistemic agency center on three areas of knowledge and activity. First, educators demonstrate their ability to be aware of their local …

Diet: Another Piece Of The Crime Puzzle?, Jerrod Brown, Jeremiah Schimp, Leanne Skehan, Amanda Fenrich, Janina Cich

Nutritional Neurocriminology Today

An expanding body of research suggests that diet and nutrition may play an influential yet underrecognized role in problematic and criminal behaviors. This article synthesizes research linking excessive consumption of sugar and ultra-processed foods to adverse neurobehavioral outcomes, impaired impulse control, aggression, mood dysregulation, and sleep problems. Integrating research suggests that metabolic disruption, neuroinflammation, and gut–brain axis dysfunction may influence cognitive and emotional regulation. While criminal behavior is complex and multifactorial, this article emphasizes nutrition as a modifiable factor to inform forensic mental health practice, correctional policy, and rehabilitative strategies.

Brief For Amici Curiae Immigration Law Scholars In Support Of Petitioner-Appellee, Supporting Affirmance, Lindsay Nash

Amicus Briefs

Amicus curiae brief filed by immigration law scholars, including Cardozo School of Law Professor Lindsay Nash, in Herrera Avila v. Bondi. The brief examines the scope of mandatory immigration detention under the Immigration and Nationality Act and argues that 8 U.S.C. § 1225(b)(2)(A) applies to noncitizens seeking admission at the border rather than individuals apprehended within the interior of the United States.

Brief Of Amici Curiae Children's Rights Scholars And Advocates In Support Of Appellants' Opening Brief: Lighthiser V. Trump, Abigail L. Fleming, Douglas A. Ruley, Catherine Smith

Scholarly Articles

For decades, constitutional doctrine has recognized that children possess enforceable constitutional rights and that their developmental, physical, and social differences from adults are important considerations in constitutional analysis. Courts may not impute adult capacities, privileges, or political agency to children when determining whether their rights may be vindicated, leaving them no democratic mechanism to alleviate their injuries.

The district court’s dismissal of the youth plaintiffs’ claims rests on precisely that error. Although the court recognized that the children alleged concrete, severe, and escalating harms caused by the challenged executive actions, it concluded that relief must come from the political branches …

Replay Review: The Case For Federal Baseball And The Case For Overturning It, Rebekah Ansbro

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Coaches' Challenge: Incentivizing Diversity In The Nfl Amidst Legal Challenges To The Rooney Rule, Ryan Magill

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Using Westlaw And Lexis: The Many Ways In, Joshua Levine

Library Staff Online Writings

Researching the law depends on finding connections between information. No case or statute exists in a vacuum. The primary advantage of using Westlaw and Lexis is that they point out, on a high level, the connections between individual resources. It is disappointing how often students use natural language search terms or basic AI queries to find all their answers. Within the limitations of class time, it is essential to teach our students as much as possible how pieces of information are connected on these platforms.

Brief Of Amici Curiae The Notre Dame Law Education Project And Utah Education Fits All In Support Of Appellants, Tyler R. Green, Nicole Stelle Garnett

Court Briefs

No. 20250512-SC
Derek Brown, Attorney General v. Kevin Labresh

From the Argument

No one doubts the significant public interest in K-12 education. Brown v. Board of Education, 347 U.S. 483, 493 (1954) (“[E]ducation is perhaps the most important function of state and local governments.”). And, for centuries, the critical responsibility for educating young people has been borne in significant part by private schools. Indeed, for many decades, private schools were essentially the only source of childhood education in the United States. It is a role those schools served—and continue to serve—well. While in Utah, as elsewhere, public schools are …

From Ice Queen To Shattered Dream: How The Kamila Valieva Case Sheds Light On The Extreme Vulnerability Of Minor Athletes Involved In Doping Cases, Emma Bertsch

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Challenging The Raid Boss: Antitrust In Esports, Mason Cole

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Hold My Beer: First Circuit Ignores Arena Spill Realities In Raheb V. Delaware North, Zen D. Rizzuto-Flancbaum

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Ndls Communicator: Week Of 01.20.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Exoneration Justice Clinic Notches Third Victory in 15 Months
• Notre Dame Law Professors Share Expertise at 2026 Association of American Law Schools Annual Meeting

Student News

• J.S.D. candidate Juan Carlos Gazmuri

Faculty Briefs

• Christine Venter
• Paul Miller
• Patrick Corrigan
• Rick Garnett
• Diane Desierto
• Mary Ellen O'Connell
• Derek Muller

Events

• Faculty Colloquium - Randy Kozel
• Faculty and Staff Birthday Celebration
• Sadie Blanchard's Private Law Workshop

Around the Watercooler

• Justin Gonzalez joined the Law School as the new Associate Director of Operations and Finance
• Walk the Walk Week

Staff Spot Awards

• Accepting nominations

Brief Of Amicus Curiae Gregory Klass In Support Of Respondents In Veolia Water Technologies, Inc. V. Antero Treatment Llc, No. 2025sc21 (Colo. Jan. 20, 2026)., Gregory Klass

Georgetown Law Faculty Publications and Other Works

In September, 2025, the Colorado Supreme Court granted certiorari in Veolia Water Tech. v. Antero Treatment to resolve the following question: “Whether the economic loss rule bars a fraud claim when the parties were in a contractual relationship, the fraud claim seeks the same relief as the plaintiff’s contract claim, and the fraud concerns the defendant’s performance under the contract.”

This scholar’s amicus brief addresses four questions under Colorado law: (1) Does an exploratory contract to determine whether a transaction is desirable prevent liability in tort for fraud in the inducement of the principal contract? (2) What is the significance …

Coming Disruptions In Corporate Law, Douglas Sarro, Edward J. Waitzer

All Papers

Corporate law’s dynamism precludes bold predictions about its future. Instead, we set out to highlight principles relevant to its trajectory and frame looming, unresolved issues. In that vein, artificial intelligence and other digital technologies raise considerable new opportunities for directors to enhance their oversight and for shareholders to be better informed and make more meaningful use of their governance rights. At the same time, the potential for wide-scale automation of corporate activities via these technologies amplifies corporate power and resulting risks of harm, adding new urgency to past prescriptions for rethinking the relationship between corporate and other areas of law …

Marketing, Advertising Ethics And Consumer Criminal Law, Mohamed Jaouhar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper examines advertising as a central marketing tool and evaluates ethical and criminal-law constraints intended to protect consumers. It discusses misleading and aggressive advertising practices and the role of criminal enforcement in promoting fair market communication.

Legislative Development Of Industrial Designs And Models In Morocco, Mohamed Al Masloumi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The article is focused on the Moroccan legislation relating to industrial designs. It is based on a chronological approach of the history of this legislation. The article emphasizes the gap between the evolution of the Moroccan regulations and the standards adopted in international law, and highlights the main reforms aimed at strengthening legal protection in this field.

The Pledge Of Industrial Property Rights, Meriem Benis

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Intellectual property can be an important source of loans thanks to its economic value and to the opportunity to contract a surety on its base. In Moroccan law, the constitution of the pledge of industrial property rights is governed mainly by the general theory of obligations and contracts Law, dated in 12th August 1913. The purpose of this study is to measure the suitability of industrial properties for surety purposes. It also makes light on the legal principles of the pledge of industrial property rights.

Legislative Development Of Patent Law In Morocco, Mohamed Mahboubi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Innovation is a key factor for economic development. However, economic actors wouldn’t invest in innovation without legal protection which is one of the most important conditions of this strategic choice. This article examines the legislative development of patent protection in Morocco, highlighting the main reforms and the progressive strengthening of legal safeguards in line with international standards.

Moroccan Trademark Law, Nadia Azddou

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The origin of the trademarks protection goes back to the antiquity. But the proclamation of the system of freedom of trade and industry and with the advent of mechanization and the considerable development of the industry of the nineteenth century, the trademarks protection appeared in its modern sense. This movement initiated an international dynamic of harmonization and conventions, and Morocco adhered to most of these treaties. The aim of this study is to review the legislative evolution of trademark protection in Morocco and to highlight the main contributions of Moroccan law, as well as its remaining shortcomings and possible corrective …

Moroccan Law On Geographical Indications (Gi) And Appellations Of Origin (Ao), Mohamed Jaouhar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

If there is no doubt nowadays on the importance of Geographical Indications and Appellations of Origin and on their positive impact on economic development because of the value they bring to products especially to Moroccan products, this has not always been the case before, under the Moroccan law. These distinctive signs indicate not only the geographical origin of a product, but also one or more particular features that the region concerned contributes to confer on them. Moroccan law has undergone an important evolution on this issue, with a tendency towards an enhancement of the protection of the Geographical Indications (GI) …

Editorial, Mohamed Jaouhar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Intellectual property is primarily characterized as an intangible form of property, as it relates to the human intellect and to ideas resulting from creative activity. It is recognized as a natural right and enjoys strong international protection, notably under Article 27 of the Universal Declaration of Human Rights. In Morocco, this protection is also constitutionally guaranteed. The paper traces the historical development of industrial property law in Morocco, from the 1916 Dahir to Law 17-97 and its subsequent amendments, highlighting the influence of international agreements and the progressive alignment with international standards.

Adversarial Comparativism: The Role Of Emotion In United States–China Comparative Law Projects, Matthew S. Erie

Scholarly Articles in Law Reviews & Journals

Contemporary comparative law operates across a landscape riven by protectionism, nationalism, and securitization, all of which complicate comparative law projects. Nowhere is this more evident than in the U.S-China relationship, the most important bilateral relationship in the world. Despite economic “delinking,” the U.S. and Chinese legal systems are interacting more than ever; however, how this interaction works is poorly understood. This Article proposes “adversarial comparativism” to explain this dynamic. It is an approach to comparative law and politics that includes different modalities: competition, aggressiveness, transactionalism, misunderstanding, opportunism, and gaslighting. Many of these are underpinned by emotion. As such, while this …