Law Commons^™

The Expressive Effects Of Bilateral Labor Agreements, Ian G. Peacock

Chicago Journal of International Law

Bilateral labor agreements (BLAs) aim to facilitate the movement of temporary migrant workers between countries. So far, studies of BLAs have focused on whether they have effects on migration flows. Despite countries entering hundreds of BLAs, evidence for their effects on migration flows remains limited. Yet, even if BLAs have limited material effects, they may still have important symbolic effects. On this topic, this Comment highlights BLAs’ potential to change rhetoric about international migration among heads of state. Drawing on an original empirical analysis focused on BLAs with the Philippines, the Comment analyzes how BLAs may influence leaders’ expressed attitudes …

Bank Of America Foundation Fellowship 2015–2024, Bank Of America Foundation, Notre Dame Law School

Student, Faculty, and Staff Awards

The Bank of American Foundation Fellowship, launched in 2015, covers the cost of salary and benefits for two graduating class members to work for two years at a city agency or nonprofit organization of their choice. The fellows’ work must advance community sustainability and provide legal services to low-income or underrepresented populations.

The Honorable John F. Keenan, Judge Keenan's Former Law Clerks

Fordham Law Review

No abstract provided.

The Violence Of Bright Lines, Terrell Woolfolk, Kathryn E. Miller

Fordham Law Review

The U.S. Supreme Court interprets the Eighth Amendment to prohibit members of certain groups from serving extreme punishments, such as the death penalty and life without parole. For example, the Court has long banned death sentences for people with intellectual disability and for those who were under eighteen years old at the time of their crime. More recently, in Graham v. Florida and Miller v. Alabama, the Court extended this reasoning to sentences of life without parole for those under eighteen—prohibiting the sentence altogether for nonhomicide crimes and barring its mandatory imposition for homicides.

Many scholars and advocates have …

Consider This: Make-Whole Premiums As Unmatured Interest, Kathryn G. Berman

Fordham Law Review

Make-whole premiums have become mainstream in corporate bond indentures because of the protections they provide to lenders. Although they are generally enforceable as a matter of contract law, make-whole premiums have been treated inconsistently in bankruptcy courts in several areas. One point of inconsistency is whether make-whole premiums are treated as liquidated damages or unmatured interest. Such a determination has significant implications on the allowance of the claim and its recovery from an insolvent debtor.

Most bankruptcy courts have treated make-whole premiums as liquidated damages and allowed their recovery in creditors’ claims. In doing so, their analyses have treated liquidated …

Chronically Online: Apportioning Liability In Social Media Litigation Based On User Engagement, Rebecca Vangelos

Fordham Law Review

The average American teenager spends nearly five hours on social media every day. This result is by design: social media platforms like Instagram, Snapchat, and TikTok deploy persuasive technologies—including infinite scroll, personalized content recommendation feeds, and dark patterns—to capture and retain teen attention. These intentional design features exploit adolescent vulnerabilities to foster social media dependency. Accordingly, a growing body of scientific evidence links the extensive use of social media to the teen mental health crisis in the United States.

Despite these negative effects, social media companies have largely evaded accountability for the harm they have caused to teens. Recent lawsuits …

The Military’S Constitutional Role, Brenner M. Fissell

North Carolina Law Review

No abstract provided.

The Migration Of Abolition Theory, Matthew Boaz

North Carolina Law Review

No abstract provided.

Unintended Consequences: North Carolina Victim Notification Laws After Dobbs, Catherine Dunham, Morgan Woodward

North Carolina Law Review

No abstract provided.

Vacuuming Outer Space: Incentivizing Active Space Debris Removal Through A Licensing Model, Alex S. Li

Buffalo Law Review

The increasing proliferation of space debris is jeopardizing satellites, space stations, and other ambitious activities in Earth’s orbits. This Article explores this growing concern and proposes an innovative licensing regime as a solution. It begins by surveying the space debris problem and examining the legal frameworks—both binding treaties and non-binding guidelines—that influence its management and mitigation. The paper then critically assesses several proposals advanced by legal scholars to bridge the gaps between these binding and non-binding measures, highlighting the issues these solutions face. In order to address these challenges, the Article advances a more collaborative and flexible approach: a licensing …

The U.S. Supreme Court Decision In Smith V. Spizzirri: An Analysis Of Its Impact On Enforcing International Arbitration Agreements And Awards Falling Under The New York Convention In The United States, Charles E. Woode

Buffalo Law Review

This article provides a comprehensive analysis of the U.S. courts’ role in the interpretation, enforcement, and confirmation of international arbitration agreements and awards under the Federal Arbitration Act (FAA) and the New York Convention. It delves into the intricacies of FAA Chapters 1 and 2, which govern domestic and international arbitration respectively, and their interplay in shaping the arbitration landscape in the United States. Initially, this article addresses the significant circuit split regarding 9 U.S.C. § 3, which required clarification by the United States Supreme Court in Smith v. Spizzirri. The Court’s decision provided much-needed clarity on whether a district …

Immature (Data) Privacy, Yutang Hsiao

Buffalo Law Review

Sharenting, a combination of the words “sharing” and “parenting,” is a double-edged sword. It can cut both ways because even though it benefits parents by being a source of support and fostering community, it harms children in various significant and nuanced ways. While the world blames parents for sharing too much of their children’s data on social media, other actors also play a role and should share the blame. In this Article, I argue that the most fundamental question sharenting raises is in what ways children’s privacy is violated, and who commits the violation. Social media, as one of the …

Re-Defining Direct Copyright Infringement In The Digital Age: The Shortcomings Of Abkco, Inc. V. Sagan's "Presses The Button" Standard, Shelby Mcswan

Buffalo Law Review

This Comment offers a broader reading of direct copyright infringement. The definition of a direct infringer must go beyond the person who “presses the button,” and extend to those who authorize, instruct, or force another to commit an act of infringement. A broader reading not only ensures that direct liability in copyright law is uniform with other areas of the law, but it also ensures that copyright law protects those who it was meant to protect and punishes those who are truly at fault. Part I of this Comment provides history and background information on the development of intellectual property …

Popular Sovereignty And A Right To Know About The Government, David S. Ardia

Faculty Publications

This Article argues that the U.S. Constitution implicitly contains a structural “right to know” about the government, rooted in the doctrine of popular sovereignty rather than the First Amendment. Democratic self‑government requires public access to governmental information; without it, the people cannot exercise informed consent or their sovereign authority. The Article critiques reliance on purely statutory transparency regimes such as FOIA, noting their fragility and susceptibility to political rollback. Through historical and structural analysis, it shows that the Framers viewed an informed citizenry as essential to maintaining checks and balances. The Article proposes three principles for operationalizing a constitutional right …

The Role And Impact Of Forensic Evidence In The Prosecution Of Homicide Cases In The U.S., Afrah Dakhilallah A. Altubait

Theses and Dissertations

The role of forensic evidence in the criminal justice process is an important topic that is significant from both theoretical and practical perspectives. The present study is dedicated to a critical analysis of the role of this evidence in the U.S. criminal justice process with a focus on its significance in homicide cases. Specifically, this dissertation examines the implications of using DNA and fingerprint evidence for convictions in U.S. homicide cases by analyzing the role of DNA and fingerprint evidence in the prosecution of “hot” and “cold” homicide cases, discussing the main ways in which forensic evidence assists with prosecuting …

The Effectiveness Of The Hague Convention In Addressing International Child Abduction, Areej A. Dakelallah Althubiti

Theses and Dissertations

Parental child abduction is a growing concern fueled by immigration, cross-cultural marriages, evolving family dynamics, and gaps in the implementation and enforcement of developed international frameworks. This study examines the effectiveness of and challenges to the enforcement of the Hague Convention on the Civil Aspects of International Child Abduction (HCCA), which was developed to address this problem. Specifically, the goal of this research is to assess the effect the HCCA has had on parental kidnapping, analyze its effectiveness in resolving international custody disputes, and identify the legal and practical obstacles that inhibit implementation. While the prevalence of parental kidnapping continues …

Fighting The Hypothetical: Why Law Firms Should Rethink The Billable Hour In The Generative Ai Era, Nancy B. Rapoport, Joseph R. Tiano Jr.

Scholarly Works

“Fighting the Hypothetical: Why Law Firms Should Rethink the Billable Hour in the Generative AI Era” analyzes how the emergence and adoption of generative artificial intelligence (GenAI) will fundamentally disrupt the traditional billable hour model that has dominated the industry since the 1960s. Professor Rapoport and Mr. Tiano contend that GenAI’s ability to perform routine legal tasks quickly and accurately will force law firms to shift away from billing structures based primarily on time spent (or inputs) and toward models that better reflect client value (or outputs).

The authors interviewed law firm leaders to gain an “in the trenches” view …

Forging Ahead Or Proceeding With Caution; Developing Policy For Generative Artificial Intelligence In Legal Education, Nachman Gutowski, Jeremy W. Hurley

Scholarly Works

Generative Artificial Intelligence is rapidly being integrated into every facet of society, including a growing impact on law schools. It has become abundantly clear that there is a need to develop well-defined governing policies for its use and adoption in legal education. This article offers an introductory analysis of related approaches currently taken in various law schools, exploring the factors influencing these policies and their ethical implication. A comparative review of institutional policies reveals both similarities and unique approaches. Common themes include the need for balance between limited use and outright reliance, as well as the need for transparency and …

"A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri

Scholarly Works

Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …

Restorative Justice In Legal Education, Lindsey Pointer, Aparna Polavarapu, Alanna Ojibway

Scholarly Works

No abstract provided.

Cross-Border Limitations And Exceptions To Copyright: “Powered By Ai”, Marketa Trimble

Scholarly Works

Businesses and institutions that wish to utilize copyright protected works in multiple countries face a multiplicity of national copyright laws; although national copyright laws have been harmonized in accordance with several international treaties and harmonized even more in the European Union member states by European Union legislation, countries’ copyright laws continue to vary. The multiplicity of national copyright laws raises costs of transnational operations, including for businesses and institutions that rely on limitations and exceptions to copyright (“L&Es”) in multiple countries. For example, AI companies might want to rely on L&Es to train and deploy their AI in multiple countries, …

Bridging Movement Lawyering & International Human Rights Advocacy, Citlalli Ochoa

Scholarly Works

The human rights field is often criticized for its lack of enforcement and implementation, lawyering methodologies, and its roots in imperialism, exceptionalism, and Eurocentric values. In response to some of these critiques, human rights scholars and advocates have embraced more grassroots approaches that in many instances resemble the movement lawyering methodologies employed in social justice advocacy in the United States. In the same way that movement lawyers have centered impacted communities and engaged in long term, coordinated legal and political advocacy to achieve normative change, human rights advocates have used the international human rights framework to exert political pressure, facilitate …

Interoperable Legal Ai For Access To Justice, Drew Simshaw

Scholarly Works

The access-to-justice gap is growing, affecting individuals with both civil and criminal needs in the United States. Though these challenges are multifaceted, procedural barriers in the U.S. legal system can often inhibit access-to-justice efforts. The resulting inequities undermine fairness for those interacting with courts and jeopardize the legitimacy of the broader legal system. Legal technology driven by artificial intelligence (Al) has been heralded for its potential to combat these challenges on three access-to-justice fronts that are often conceptualized in isolation: a consumer (i.e., self-help) front, a legal-service-provider front, and a court front. Progress on each of these fronts is apparent, …

Masthead

Washington and Lee Law Review

No abstract provided.

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Enforced Colorblindness, Goldburn P. Maynard Jr.

Washington and Lee Law Review

The time for race consciousness is over, and the era of enforced colorblindness is upon us. The dawn of this new age is troubling because it closes the door on effective strategies to achieve racial justice, including efforts to grant federal reparations. This Article analyzes the areas in which courts have invalidated race-conscious measures, with a particular focus on recent racial equity efforts by the Biden Administration. Rather than treating the loss of race consciousness exclusively as a loss to the movement for equality, this Article argues for a silver-lining approach. While court-led efforts to remedy the effects of slavery …

Booze, Bars, And Bias: Anti-Blackness In Liquor Licensing Enforcement, Angela E. Addae

Washington and Lee Law Review

This Article explores the disharmonious and disturbing influence of race in the enforcement of liquor licenses. Across the length and breadth of this nation, attentive Black revelers bear witness to an all-too-familiar trend signified by the disproportionately frequent closures of Black entertainment businesses. This Article argues that the punitive disposition toward Black entertainment businesses is not just a contemporary phenomenon; rather, it is a set of practices rooted in centuries of exclusion and regulatory abuse.

Over the past two centuries, state liquor licensing agencies have emerged as contentious battlegrounds where legal, social, and economic factors converge—often to the detriment of …

Political Disinformation In The Anthropocene, Jeffrey Omari

Washington and Lee Law Review

The Anthropocene is the name that scientists have given to our current geological epoch, which references the overwhelming influence of human agency on the Earth and its ecological systems. Adopted as a theoretical tool across multiple academic disciplines, social scientists often employ the term to address deep-rooted political and socioeconomic problems and the symptoms of global inequalities and injustices. Meanwhile, legal scholars have employed the term to address the global environmental harms of human agency and to examine how normative frameworks must fundamentally change and adapt to the times ahead. At the same time, recent scholarship also notes that democracies …

Masthead

Washington and Lee Law Review

No abstract provided.

Table Of Contents

Washington and Lee Law Review

No abstract provided.