Law Commons^™

Cheating With The Fifth Amendment: Weaponizing The Fifth Amendment Privilege To Undermine Equitable Dissolution Of Marriages, Elizabeth I. Boals

Loyola of Los Angeles Law Review

Despite widespread adoption of no-fault divorce, many U.S. states still consider adultery in the allocation of alimony and property. In sixteen of those states, adultery remains a criminal offense—enabling spouses accused of infidelity to invoke the Fifth Amendment privilege against self-incrimination during divorce proceedings. This Article explores how such invocations obstruct discovery, delay litigation, and create strategic advantages for wealthier or culpable spouses, especially in fault-based or hybrid divorce regimes. After surveying the historical development of divorce law and the expansion of Fifth Amendment protections into civil contexts, the Article critiques current remedies—adverse inferences, implied waivers, and immunity—as ineffective or …

Seismic Shifts And Stair Steps: Revisions To The Creditability Determination In The Foreign Tax Credit Rules, Rebecca Rosenberg

Loyola of Los Angeles Law Review

There has been a seismic shift in the regulatory rules for determining which foreign taxes are eligible to be credited against a taxpayer’s U.S. federal income tax. This Article explains why these regulatory changes have such a big impact, including some non-obvious, indirect results. First, the creditability determination is the necessary first step for claiming a foreign tax credit. Second, even a small disparity between a foreign tax and the section 901 creditability regulations can now make the entire foreign tax non-creditable, even for taxpayers who are not subject to the nonconforming portion of the foreign tax. Third, the section …

Courts And Social Justice, Shai Dothan

Loyola of Los Angeles Law Review

Many scholars have argued that courts are either harmful or useless when it comes to improving social justice in society. There are three main reasons offered in support of this argument: (1) Courts are elitist institutions that support the high social class of the judges at the expense of the rest of society, (2) the structure of litigation is geared towards harming the rights of people with modest economic means, (3) even when courts try to impose a higher standard of social justice, they are not able to initiate real social change. The purpose of this paper is to investigate …

Hacking Generative Ai, Ido Kilovaty

Loyola of Los Angeles Law Review

Generative AI platforms, like ChatGPT, hold great promise in enhancing human creativity, productivity, and efficiency. However, generative AI platforms are prone to manipulation. Specifically, they are susceptible to a new type of attack called “prompt injection.” In prompt injection, attackers carefully craft their input prompt to manipulate AI into generating harmful, dangerous, or illegal content as output. Examples of such outputs include instructions on how to build an improvised bomb, how to make meth, how to hotwire a car, and more. Researchers have also been able to make ChatGPT generate malicious code.

This Article asks a basic question: do prompt …

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 …

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 …

Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files, John P. Lavelle

Faculty Scholarship

The 200th anniversary of the foundational Indian law decision Johnson v. M’Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case’s notorious embrace of the so-called “doctrine of discovery,” an odious theory for rationalizing European nations’ claims of superior rights to lands occupied by Indigenous Native American peoples. Commanding less attention, however, is the Johnson decision’s core protective legal feature, i.e., its reinforcing the United States government’s duty to guard against the alienation of Indian lands through private, unauthorized acquisitions.

This Article offers a somewhat different appraisal of Johnson v. M’Intosh …

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 …

Corporations In The Crosshairs: Stakeholder Activism And The Role Of Corporations In Society, Poonam Puri

Conference Papers

TOPIC AND IMPORTANCE

Stakeholders of a corporation have an interest in pushing a company to take actions which align with their values, whether it be on environmental, social or other issues. From customers and employees to share-holders and governments, stakeholders have been increasingly advancing environmental, social and governance (ESG) issues at Canadian companies, and at companies around the world. This rise in stakeholder activism has coincided with societies that are increasingly politically and socially divided, the COVID-19 pandemic, wars in both Europe and the Middle East, and historic inflation and interest rates, as well as an ongoing and worsening climate …

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