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Letter From The Director: Mastery In Practice, Joseph Schafer

Military Cyber Affairs

No abstract provided.

Mmu: 09/21/26-09/27/26, Student Bar Association

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This Week @ NDLS

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Ndls Communicator: Week Of 09.21.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Indiana Court of Appeals Affirms New Trial for Notre Dame Exoneration Justice Clinic Client Jason Hubbell
• Notre Dame Law School’s Religious Liberty Clinic, Bellwether International, and Lantos Foundation publish report reviewing campaign that contributed to release of prisoner of conscience

Student News

• 3L Dan Mohr
• J.S.D. candidate Pavithra Rajendran

Faculty Briefs

• Derek Muller
• Nicole Stelle Garnett and John A. Meiser
• Jeffrey Pojanowski
• Roger Alford
• Mary Ellen O'Connell
• Rick Garnett
• Andrew Torrance
• Dennis Wieboldt

Events

• Law & Economics Workshop: Stephan Wernicke, Humboldt University of Berlin Delaware in the European Union? EU Inc. – A New European Corporate Legal …

Veterans' Benefits Exceptionalism After Axon: Johnson V. U.S. Congress And The Future Of Structural Constitutional Review In Va., Robert Molina

ConLawNOW

This Essay addresses the pending case before the U.S. Supreme Court, Johnson v. U.S. Congress, and argues that the Court should resolve the tension between regular federal jurisdiction and specialized administrative court jurisdiction for veterans’ benefits claims. Veterans’ benefits exceptionalism, it asserts, should not overcome the usual federal court process. Ordinary benefits-entitlement claims, and some statutory-validity claims, may properly remain in the specialized pipeline established by the Veterans’ Judicial Review Act. But structural constitutional challenges to the Veterans Administration adjudicatory apparatus should receive immediate district court review when they satisfy the three-factor test the Court applies to determine whether …

The Norm Against Nakedly Partisan Justifications And The Callais Exception, Jason Marisam

ConLawNOW

Public law has long maintained a norm against nakedly partisan justifications: while officials may sometimes pursue partisan ends in office, they must justify their actions in court with reasons that do not roughly equal “this benefits my political party” or “this hurts the opposition.” This norm has operated across doctrinal fields, including public employment, administrative law, and election law. In the 2025-26 term, in Louisiana v. Callais, the U.S. Supreme Court abandoned the norm entirely in the redistricting context, treating a state’s pursuit of partisan advantage as a legitimate interest that can defeat a claim under the Voting Rights …

Cardozo Law News Brief: September 18, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the September 18, 2026 Cardozo Law News Brief include:

• Professor Michael Pollack was quoted in CNN about data center regulation and the possibility of companies seeking state or federal legislation to address regulatory restrictions.
• Professor Saurabh Vishnubhakat spoke to Law.com about an unprecedented approach to Schedule A intellectual property infringement litigation.
• Adjunct Professor Gary Galperin spoke to CNN about the holdout juror in the Lindsay Clancy mistrial and the role of criminal responsibility in the justice system.

Faculty news includes:

• Professor Rebecca Ingber’s essay “The War on International Law in the United States: Rebuilding a Constituency for the …

Beyond Transformational Leadership: The Moderating Role Of Leader Hexaco Personality Traits In Fostering Psychological Safety In Law Enforcement, Daniel Q. Lentz

Doctoral Dissertations and Projects

Law enforcement agencies struggle to recruit and retain officers due to lack of public support, criticism, and declining well-being, which raises stress levels. While operational stress affects officers, organizational stress is more damaging. Transformational leadership can help create a psychologically safe work environment, but research on this link is limited and mixed. This study examined how each HEXACO personality trait (Honesty-Humility, Emotionality, Extraversion, Agreeableness, Conscientiousness, Openness) moderates this relationship, drawing on social exchange and attribution theories. Conducted in U.S. law enforcement agencies, a survey assessed officers' perceptions of their leader’s transformational style, HEXACO traits, and psychological safety. Moderation and mediation …

Differentiated Instruction For Gifted Students In A North Carolina Title I School System: A Case Study, Kristal Land

Doctoral Dissertations and Projects

The purpose of this case study was to explore the differentiation of instructional methods used for cluster-grouped gifted students in third through eighth-grade regular education classes at TCSS, a Title I school in North Carolina. For the research, differentiation for cluster-grouped gifted students was defined as students who have been identified as gifted and are grouped together, typically in clusters of three to more than 10 students in a regular education setting. In this environment, teachers differentiate instruction to meet the advanced learning needs of their students. The theory guiding this study is Gardner’s theory of multiple intelligences. Multiple intelligences …

Faculty Development Courses On Ai: Introducing The Faculty Ai Capability Selection Framework, Dan R. Bradbury, Barbara Jo White, H. Kevin Fulk, Raymond Large

Southwestern Business Administration Journal

University faculty members are faced with how to best address pressing needs for building artificial intelligence (AI) skills.  Some of these needs are student-focused, as employers seek graduates with useful AI skills.  Faculty members, understanding how generative AI can impact the work they do, also face pressures to enhance their own skills and comfort using AI tools.  In this article, we consider AI capabilities that are impacting organizations’ expectations for new college graduates as well as AI capabilities changing the shape of faculty members’ work.  We propose the Faculty AI Capability Selection Framework as a means to guide the development …

Jochen Schmon, Absolute Ethical Life. Michael Lazarus On The Normativity Of Marx’S Critique Of Capitalism (An Interview By Jochen Schmon), Jochen Schmon, Michael Lazarus

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Response To Reviewers — Emancipations Symposium On Profit And Power, Ronen Palan

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

The Enterprise Society In Motion: Reflections On Palan's Profit And Power, Corentin Cohen

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Of What Is Such Arbitrage One Instance: On Palan's Profit And Power, Craig Murphy

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Ronen Palan's World View: Bringing The State Back In, Steve Schifferes

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Mncs In Space: On The Fundamental Extraterritoriality Of Mncs. Review Of Ronen Palan’S Profit And Power, Herman Mark Schwartz

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

The Age Of Intangible Assets: Thoughts On Palan’S Profit And Power, James K. Galbraith

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

After The Fall: Reflections On My Critics, Ian Shapiro

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Hope In The Shadow Of Impasse: Analytic Logic Vs The Rhetoric Of Optimism In Ian Shapiro’S After The Fall, Albena Azmanova

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Ian Shapiro's After The Fall Is Harsh, But Not Harsh Enough, James K. Galbraith

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

A Decline That Began At The Start Of The Journey, Not At The End: Thoughts On Ian Shapiro’S After The Fall, Nadia Urbinati

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Changing The Wind’S Direction: Reflections On Ian Shapiro’S After The Fall, Stefan Eich

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Roses For Keynes And Dead Flowers For Reagan In Shapiro’S After The Fall, Ian Hurd

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

“Don’T Tell Me To Keep Doing What I’M Doing, When I’M Risking My Life Trying To Get You To Do Your Job”: Thoughts On The Politics Of Distance, Alice Chapman

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Eviscerating The State: An Update, Jean L. Cohen

Emancipations: A Journal of Critical Social Analysis

A year after the publication of her article “Eviscerating the State: The New Oligarchic and Authoritarian Project to Undermine American Constitutional Democracy (Emancipations, Vol.4: Iss.2, July 2025) Jean Cohen looks again at the threats to American constitutional democracy posed by new oligarchic and authoritarian actors in the economy, the state, and society.

From Monopoly To Orchestration: The Hilltop And Farm Youth And The Changing Organization Of State Coercion - The Israeli Case, Idan Yaron

Emancipations: A Journal of Critical Social Analysis

Drawing on more than a decade of ethnographic fieldwork – as a social anthropologist, studying the Far Right in Israel, on the ground, and through intimate and prolonged relationships with opinion leaders and rank-and-file activists – this essay examines the Hilltop and Farm Youth in the West Bank to reconsider Charles Tilly's influential account of state formation and the organization of coercion. It asks a simple but troubling question: why would a powerful modern state, fully capable of suppressing autonomous violent actors, sometimes allow them to persist? I argue that Tilly's theory should be confirmed, adapted, and amended. His fundamental …

Uneven And Combined Fascism: A Postapocalyptic Perspective, Daniel Loick

Emancipations: A Journal of Critical Social Analysis

This essay develops the concept of “uneven and combined fascism” as an alternative to dominant liberal approaches that understand fascism primarily as a future rupture or return of the European past. Analogizing the crisis of democracy with environmental crisis, it argues that fascism, like ecological catastrophe, should be understood as an ongoing and differentially distributed condition: already present for some while remaining latent or emergent for others. The essay develops this claim by consulting approaches of "postapocalyptic environmentalism" as well as thinkers and activists from the Black Radical Tradition, particularly the analyses of Aimé Césaire and the Civil Rights Congress’s …

Border Fascism And The Fascistization Of Society, Nicholas P. De Genova

Emancipations: A Journal of Critical Social Analysis

The massive destruction and social dislocation wrought by capitalist crisis has culminated, historically, in the brutal cataclysms of fascism and other forms of authoritarian rule. Today, across the globe, we are confronted with the aggressive advance and entrenchment of a variety of such authoritarian political projects. Anxious discourses about ascendant fascism have become perfectly mainstream. These developments command our acute attention and critical analysis. This essay addresses these dire questions and the conceptual vexations surrounding the concept of fascism, particularly as it has been elaborated in various Marxist analyses.  Specifically, much of the debate around fascism as an analytical category …

"Florence's First Mayor", William Lindsey Mcdonald

Research Articles

The article briefly discusses the significance of Alexander Hamilton Wood, the first mayor of Florence, Alabama.

Genai And The Self Represented Litigant, Kristen Clarke Kellems, Kristen Clarke Kellems, Kristen Clarke Kellems

Faculty Publications

Generative AI is making it easier for self-represented litigants to produce polished legal documents, but easier filing does not necessarily lead to better outcomes. This presentation examines how AI may expand access to courts while increasing weak filings, early dismissals, and burdens on the legal system.

The session reviews attorneys’ duties of technological competence, confidentiality, supervision, and citation verification. It also distinguishes general-purpose AI from legal research tools. Using a Utah third-party custody and guardianship problem, the presentation compares several tools based on statutory accuracy, legal comprehension, treatment of case law, and completeness. The results show that identifying controlling cases …

Guardians In Orbit: Legal Justifications And Limits Of Defensive Satellite Operations, Yurika Ishii

International Law Studies

The deployment of “bodyguard satellites”—spacecraft designed to autonomously detect and counter hostile space objects—has moved from classified capability development to explicit national security policy across a growing number of States. This article examines the circumstances under which interference with another State’s satellite may be legally justified under international law, analyzing several possible grounds: self-defense under Article 51 of the UN Charter, forcible countermeasures, non-forcible countermeasures, and necessity. Drawing on a survey of national space defense policies, jurisprudence of the International Court of Justice, and the law of State responsibility, the article reaches two principal conclusions. First, across all justificatory frameworks, …