Law Commons^™

Powering The Machine, Draining The Planet: Whether U.S. Environmental Law Is Equipped To Regulate The Energy And Water Demands Of Ai Data Centers, Michael Marcu

Journal of Earth and Life Science

Artificial intelligence (AI) data centers have become one of the United States' fastest-growing and least-regulated sources of environmental stress. In 2024 alone, U.S. data centers consumed 183 terawatt-hours (TWh) of electricity more than the entire nation of Pakistan and consumed an estimated 17 billion gallons of water (IEA, 2025; Berkeley Lab, 2024). By 2030, electricity demand from these facilities is projected to reach 426 TWh, a 133% increase in six years (Pew Research Center, 2025). This paper examines whether the existing U.S. environmental regulatory framework put by the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and the …

History And Tradition In First Amendment Intellectual Property Cases: A Critique, Rebecca Tushnet

Marquette Intellectual Property & Innovation Law Review

This Article examines the increasing reliance on "history and tradition" as a method of constitutional analysis in First Amendment cases involving intellectual property. The author argues that, although the Supreme Court has recently embraced this methodology in other constitutional contexts, particularly Second Amendment jurisprudence, it has long relied on similar reasoning to uphold intellectual property rights against First Amendment challenges. Through an analysis of cases involving the right of publicity, copyright, and trademark law, the Article contends that the Court has used historical analogies to justify expanding intellectual property protections while giving insufficient consideration to their impact on free expression. …

Not All Sunshine In Wisconsin: The Cloudy Public Disclosure Predicament Surrounding Trade Secrets, Amelia S. Murray

Marquette Intellectual Property & Innovation Law Review

This Comment will explore the current landscape surrounding trade secret protections in Wisconsin Open Records Law requests. The lack of access to state-protected trade secrets, and overall lack of transparency, effectively endangers the general health and safety of the Wisconsin public and environment. When a request is made for information under the Wisconsin Open Records Law pertaining to state information protected by trade secret, and the requester is denied access to such information due to its trade secrecy status, the state should have to disclose trade secret information if it poses a greater danger to environmental health, human health, or …

From Software To Multimedia: How Warhol's Refinement Of The First Fair Use Factor Upholds Prior Rulings Across The Copyright Landscape, Graham Lemke

Marquette Intellectual Property & Innovation Law Review

“Fair use” is a commonly invoked term of legal art that dates back to the 19th century and has undergone significant transformation since its inception. Specifically, the first factor of fair use, encompassing transformativeness, purpose, and commercial use, has generated significant circuit splits, leading to disparate outcomes for litigants depending on the presiding circuit. In an attempt to alleviate the unharmonious application of the fair use doctrine, the Supreme Court of the United States granted certiorari to a 2023 Second Circuit case involving the famed Andy Warhol Foundation. However, in the wake of the opinion’s release, critics have claimed that …

Blood Diamonds Of The Digital Age: The Need For Multi-Perspective Legislation On Cryptocurrency, Peter Derdzinski

Marquette Intellectual Property & Innovation Law Review

This comment examines how cryptocurrency is used in illicit cross-border transactions before examining some of the means currently employed to combat this criminal activity. Through analysis of the European Union’s Markets in Crypto-Assets (MiCA) regulations, this Comment proposes a multi-perspective approach for new legislation in the United States beyond the GENIUS Act of 2025. Specifically, this Comment argues that any new legislation needs to approach cryptocurrency as both a medium of exchange and as an investment vehicle or a store of value. Such legislation is necessary to create a trellis for cryptocurrency growth and to provide an organized approach for …

Risk, Reward, And Renewable Collateral: Can Ip Sustain Financing In Green Energy?, Nigel Blake

Marquette Intellectual Property & Innovation Law Review

As the transition from fossil fuels to renewable energy accelerates, intellectual property has become one of the most valuable assets held by emerging green technology companies. Patents, trademarks, copyrights, and trade secrets often comprise a greater share of these companies' value than tangible assets, making intellectual property an increasingly important source of collateral for commercial financing. At the same time, the renewable energy industry presents unique valuation challenges. Rapid technological innovation, shifting government policies, evolving consumer preferences, and uncertain market demand can significantly affect the value of intellectual property, creating substantial risks for both borrowers and lenders.

This Comment examines …

A Golden Opportunity For New York: Caveat Emptor And Revised Mckinney's 465, Grady Miller

NYLS Law Review

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For centuries, the doctrine of caveat emptor has governed New York residential real estate transactions, rewarding sellers who do not disclose material defects affecting the property, and punishing unsuspecting buyers who fail to exercise due diligence. To alleviate the doctrine’s inherent unfairness to buyers, the New York …

Emden V. Museum Of Fine Arts, Houston, Beau Van Der Meulen

NYLS Law Review

No abstract provided.

People V. Riche, Timothy Mccormick

NYLS Law Review

No abstract provided.

Soft Diplomacy Today...Global Influence Tomorrow, Michael Sutnick

NYLS Law Review

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The United States stands at a critical juncture where its global influence depends on adapting visa and tourism …

Apalsa Faculty Of The Year Award, Asian Pacific American Law Students Association, Notre Dame Law School

Student, Faculty, and Staff Awards

Presented to a Notre Dame Law School faculty or staff member who has provided unwavering support and dedication to the AAPI (Asian American and Pacific Islander) student community and the Asian Pacific American Law Students Association (APALSA). This award recognizes contributions that foster and uphold the values, heritage, and traditions of AAPI students.

Dean Joseph O’Meara Award, Notre Dame Law School

Student, Faculty, and Staff Awards

“Excellence is our platform, and we can be content with nothing less.” Presented annually to a member of the graduating class for outstanding academic achievement.

Established by the Class of 1964

Dwight King Service Award, Black Law Students Association, Ndls

Student, Faculty, and Staff Awards

Presented by Notre Dame Black Law Students Association to a BLSA member who has devoted considerable time, energy, and attention to both BLSA and the Notre Dame Law School community.

Jon E. Krupnick Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Chosen by the Trial Advocacy faculty or excellence in trial advocacy.

Judge Joseph E. Mahoney Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Recognizes a graduating law student for outstanding leadership.

Colonel William J. Hoynes Award, Notre Dame Law School

Student, Faculty, and Staff Awards

The Hoynes Prize, is a gift of Dean William James Hoynes, 1878, LL.D. 1888, first dean of the Notre Dame Law School.

To the graduating law class member who has the best record in scholarship, application, deportment, and achievement.

Jessup International Moot Court Award, Notre Dame Law School

Student, Faculty, and Staff Awards

For excellence in advocacy as part of the Jessup Moot Court Team.

Joseph Ciraolo Memorial Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Recognizes a graduating law student who exemplifies spirit, service, and significant achievement in the face of adversity as did Joseph Ciraolo, NDLS class of 1997.

Graciela Olivarez Award, Hispanic Law Students Association, Ndls

Student, Faculty, and Staff Awards

The Notre Dame Hispanic Law Student Association, HLSA, annually recognizes The Outstanding Hispanic Lawyer or Judge that best exemplifies the principles and ideals of the pioneer for whom this award is named, including commitment to community service, demonstration of the highest ethical and moral standards, and dedication to justice.

William T. Kirby Award, Notre Dame Law School

Student, Faculty, and Staff Awards

For Excellence in Legal Writing.

Each year, a first-year (1L) student is chosen for excellence in writing a legal memorandum and third-year (3L) student(s) are chosen for excellence in brief writing.

All award winners will be recognized in their third year on Awards Day and in the Commencement Program.

Notre Dame Law School Distinguished Teaching Award, Student Bar Associaiton

Student, Faculty, and Staff Awards

Notre Dame Law School Distinguished Teaching Award

Recognizing that Law School faculty members exhibit excellence in leadership, friendship, legal knowledge, legal teaching, and professional ability.

H. King Williams Memorial Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Recognizes a graduating law student who has made a significant contribution to building community at the law school.

Whitton Prize For Excellence In Labor Law, Notre Dame Law School

Student, Faculty, and Staff Awards

Established by Michael Whitton and awarded to the graduating third-year student who has demonstrated a commitment to the practice of labor and employment law through his or her course studies and work experiences

Patricia O'Hara Scholarship & Leadership Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Recognizes up to five graduating students who best represents a combination of scholarship and leadership.

Anne C. Hamilton Award, Notre Dame Law School

Student, Faculty, and Staff Awards

The annual award, in memory of the Law School’s beloved registrar, recognizes the graduating law student who has done the most to help his or her fellow students during his or her time at NDLS. Anne served the law school for 33 years.

Kyle D. Smith Mock Trial Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Chosen by the Moot Court Trial Team faculty for excellence in mock trial.

Arthur Abel Memorial Competition Writing Award, Notre Dame Law Review

Student, Faculty, and Staff Awards

Each spring, the Notre Dame Law Review accepts entries for the annual Arthur Abel Memorial Writing Competition. Arthur Abel was a 1985 graduate (see page 26) of the Law School, serving on both the Notre Dame Law Review (Note, 60 Notre Dame L. Rev. 1187 (1985)) and the Journal of Legislation (Note, 11 J. Legis. 317 (1984)). After several years in private practice, Arthur served as Assistant General Counsel at the Equal Employment Opportunity Commission. A tireless attorney possessed of a keen intellect and a wonderful sense of humor, Arthur achieved much success in a short period of time. …

Tia B. Paulette And Erika S. Gustin Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Given to the third-year law students who have demonstrated a personal and professional commitment to criminal justice and the public interest while furthering the goals of the Exoneration Justice Clinic and Notre Dame Exoneration Project student group.

Awards For Outstanding Achievement, Notre Dame Law School

Student, Faculty, and Staff Awards

The Law School's programs of study are available for students who want to concentrate on a particular area of the law. Students are not required to choose one of these programs, and none of them has an application process. The programs simply serve as guides to help students identify courses and experiential learning opportunities that align with their interests. Annually, outstanding achievement is awarded to the top student(s) in each program.

National Association Of Women Lawyers Award, Notre Dame Law School

Student, Faculty, and Staff Awards

For scholarship, motivation, and contribution to the advancement of women in society.