Law Commons^™

Unemployment Action Center General Body Meeting, Unemployment Action Center, Cardozo Chapter

2025–2026 Flyers

The Unemployment Action Center ("UAC") is a student run non-profit organization that provides free legal representation for claimants seeking unemployment benefits.

All Things Adr, Kukin Program For Conflict Resolution

2025–2026 Flyers

Join us for lunch with the Kukin Program faculty and student leaders to learn about:

The Certificate in Dispute Resolution

Dispute Resolution Courses & Clinics

The Dispute Resolution Competition Honor Society

The Dispute Resolution Society

Dispute Resolution: Why Ireland Works For International Business Law, Kukin Program For Conflict Resolution, Hon. Loretta A. Preska, Hon Justice David Barniville, Sarah Murphy, Matthew York, Simone K. Lelchuk

2025 Event Invitations

As international commerce becomes increasingly complex, the choice of forum and governing law is more critical than ever. This distinguished panel will explore how Ireland’s legal system - confidential and cost-effective and can provide businesses with efficient dispute resolution without lengthy court processes - offers a compelling and reliable jurisdiction for international dispute resolution.

Trade Agreements Have Helped Prohibit Forced Labor, Desiree Leclercq

Scholarly Works

While policymakers today debate the future of trade policy, the real story lies in the proven wins quietly shaping economies and improving lives worldwide. This series showcases ten compelling wins in international trade that demonstrate the success of crossborder commerce and open trade policies.

Presenting The Jacob Burns Center Award For Professional Courage To Elizabeth (Liz) Oyer, Jacob Burns Center For Ethics In The Practice Of Law, Elizabeth (Liz) Oyer

2025 Event Invitations

Liz Oyer served in the Department of Justice as United States Pardon Attorney from April 2022 to March 2025, overseeing the Office of the Pardon Attorney. In that role, she was responsible for reviewing applications from individuals across the country seeking pardons and commutations of sentence and preparing recommendations for the President concerning the exercise of his constitutional clemency power. The Pardon Attorney is a career-reserved position in the Senior Executive Service; it is not a political appointment.

Presentation Of The Jacob Burns Center Award For Professional Courage To: Liv Oyer, Jacob Burns Center For Ethics In The Practice Of Law

2025–2026 Flyers

Ms. Oyer will be joined in conversation with Professor Jessica Roth, Co-Director of the Jacob Burns Center for Ethics in the practice of Law.

The Impact Of Public Relations Strategies On The Effectiveness Of Epidemic Management In Jordan: A Case Study Of Covid-19, Hazem Jamil Al-Rahahleh

Middle East Journal of Communication Studies

This study aimed to explore the impact of public relations strategies on the effectiveness of epidemic management in Jordan, using the COVID-19 pandemic as a case study. The study employed the descriptive-analytical method, which is based on the systematic description and interpretation of social and media phenomena. The findings revealed that public relations play a pivotal strategic role in managing health crises by building public trust, preparing communication plans, and formulating awareness messages in coordination with relevant authorities. The study recommended the need to enhance the training of public relations personnel in managing communication during health crises, to continue diversifying …

Restoring Chevron Deference By Statute, Scott Dodson

Duke Law Journal Online

This paper details a solution for legislatively restoring Chevron deference: amend the APA to direct lower federal courts to give deference to reasonable agency decisions but retain nondeferential judicial review by the U.S. Supreme Court. This solution restores most of the practical benefits of Chevron by giving agencies flexibility to implement congressional policy directives with the expertise they have acquired, by maintaining stability in administrative regulation, and by relieving lower federal courts of the burdens of nondeferential review. And retaining nondeferential judicial review in the Supreme Court will preserve the constitutional role of the judicial branch to say what the …

Profit Shifting And The States: A Short Primer, David Gamage

Faculty Publications

This essay argues that corporate profit shifting remains one of the most significant challenges for U.S. state tax systems. Multinational enterprises continue to shift billions in profits to offshore tax havens, eroding state tax bases, distorting market competition, and forcing a greater reliance on more regressive taxes. We contend that the dominant "water's-edge" combined reporting method used by most states is structurally inadequate to combat modern profit-shifting techniques, which primarily involve the manipulation of intangible assets. The recent transformation of federal tax law (from GILTI to NCTI) and the global adoption of the OECD's Pillar 2 minimum tax framework create …

Too Scared To Use: Living Wills And Orderly Liquidation Of Too-Big-To-Fail Financial Institutions, Jeffery Y. Zhang

Law & Economics Working Papers

The term “too big to fail” became ubiquitous following the 2007-2008 Global Financial Crisis. Lawmakers, regulators, and scholars wondered if there was a better way forward than issuing an array of ad hoc bailout packages to large financial institutions. Congress, in enacting the Dodd-Frank Act, sought to address the concern by creating a new regulatory framework to resolve large financial institutions in an orderly manner.

First, Congress required too-big-to-fail institutions to file “living wills,” essentially planning documents that describe the institution’s path to a safe failure under the Bankruptcy Code—a failure that would not impact system-wide financial stability. Second, Congress …

Alpharetta Underwriters, Llc V. Argonaut Mgmt. Svcs., Order On Pending Motions, Wesley B. Tailor

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Season 2 Episode 5: Quitting Ain't Easy, Sara Gras

Season 02

Where there is gambling, there are addicted gamblers. Gambling addiction is more than just an economic problem – it can have a profoundly serious impact on the lives of individuals who are affected – but the research on, and funding for treatment of, compulsive gambling is only a fraction of what is available for substance use disorders. The rapid growth of sports betting has created a new challenge in this space, impacting a new demographic of young men. This episode provides some foundational information about gambling addiction and recovery as a foundation for a discussion of responsible gaming and industry …

Mmu: 09/08/25–09/14/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

‘Not The Usual Gig’: The Personal Scope(S) Of Application Of Directive 2024/2831 On Improving Working Conditions In Platform Work, Nicola Countouris, Valerio De Stefano

Articles & Book Chapters

This article examines the complex and innovative personal scope of the EU Platform Work Directive 2024/2831, highlighting its dual framing around the concepts of ‘platform workers’ and the broader category of ‘persons performing platform work’. The authors explore how the Directive partially departs from traditional binary distinctions between employees and self-employed persons by introducing a more nuanced regulatory approach anchored in both labour law and data protection law. The article analyses the scope of key provisions of the Directive, showing how it confers many protections beyond the confines of the employment relationship. It critically evaluates the potential interpretive tensions between …

Cjcr Publishes Volume 26, Issue 3 (Summer 2025), Michele Kallo

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 26, Issue 3 (Summer 2025). The print edition of the issue has also been released.

Accessible at Volume 26.3: Summer 2025, this issue contains Articles by Michael Saini, Raheena Lalani Dahya, Shely Polak, Giuseppe De Palo, and Mary B. Trevor; and Notes by Molly Baraban, Adam Gaudet, and Cynthia Spitzer.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on September 8, …

Prosecutor Transparency Project: Racial Disparities Study (Washtenaw County, Michigan), Grady Bridges, J. J. Prescott

Law & Economics Working Papers

This report investigates and estimates racial disparities in prosecutorial decision-making in the Washtenaw County Prosecutor’s Office (WCPO) from 2017 to 2022. The analysis relies on currently available data resources at the WCPO and examines decision-making at four different junctures in the prosecutorial process: 1) case approval (i.e., warrant authorization) and charge selection, 2) habitual-offender designation (under Michigan law), 3) plea bargaining, and 4) diversion and deferral opportunities. Racial disparities appear most visibly at the earliest stages of the criminal justice process, with People of Color substantially overrepresented in the warrant requests the WCPO receives from law enforcement. The data further …

Soundexchange V. Sirius Xm: A Battle On Two Fronts, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the United States, when an artist’s sound recording or track is played by a servicer like Pandora or satellite radio, a digital public performance royalty for the sound recording is collected by the organization, SoundExchange, or it may be negotiated between the parties via direct licenses. These non-terrestrial broadcast platforms perform in a non-interactive manner (i.e. the platform picks the tracks for the consumer to listen to) as opposed to in an interactive manner (i.e. listener picks the track) by a platform such as Spotify or Apple Music.

Ndls Communicator: Week Of 09.08.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School to host Second ASLH Graduate Legal History Colloquium in 2025-2026
• Religious Liberty Clinic Represents Religious Communities and Organizations in Support of Religious Minorities’ Free Exercise of Religion in Prison
• Program on Law and Economics welcomes new fellows for academic year

Faculty Briefs

• Fr. John Paul Kimes
• Paolo Carozza
• Roger Alford
• Mary Ellen O'Connell
• John Meiser
• Nicole Garnett
• Diand Desierto
• Jimmy Gurulé
• Rick Garnett
• Carter Snead

ND Law in the News

• NDLS's partnership with Harvey AI was featured in stories by Law.com, Open Tools, and Law Fuel.

Events

• Law and Economics Workshop: Francesco Parisi, …

Wright V. Talamantes, Center For Rights And Justice

2025–2026 Flyers

Carolyn Kubitschek, Robert Mantel and Professor Alex Reinert will serves as moot judges for Michael Moore, an attorney who will be arguing an appeal in Wright v. Talamantes, a civil right case in the United States Courts of Appeals for the 9th Circuit. Wright involves the constitutionality of an intrusive strip search of a minor without parental consent.

Crj Moot: Wright V. Talamantes, Center For Rights And Justice, Benjamin N. Cardozo School Of Law

2025 Event Invitations

Carolyn Kubitschek (founding partner, Lasner & Kubitschek), Robert Mantel (Crowell and Moring), and Professor Alex Reinert will serve as moot judges for Michael Moore (Law Offices of Michael Garth Moore), an attorney who will be arguing an appeal in Wright v. Talamantes, a civil rights case in the United States Court of Appeals for the 9th Circuit. Wright involves the constitutionality of an intrusive strip search of a minor without parental consent.

Volunteers Needed For The Red Mass, Michael Love

The Red Mass

In his weekly email to members of NDLS, St. Thomas More Society, Michael Love asks for Red Mass volunteers,

From Relic To Relevance, The Resurgence Of Tariffs, Reuven S. Avi-Yonah, Doron Narotzki, Tamir Shanan

Law & Economics Working Papers

Modern legal scholarship has largely relegated tariffs to economic analysis, overlooking their legal and policy significance. This article challenges that view by examining tariffs as a potential pillar of fiscal policy, exploring their viability as a revenue source alongside or in place of traditional income and corporate taxation. While historically central to U.S. government funding, tariffs diminished in importance with the rise of income taxation and trade liberalization. However, their recent resurgence as a tool for trade protection raises broader questions about their role in national economic strategy. This article critically assesses the feasibility of a tariff-based tax system, drawing …

Let Them Speak: The Case For Parental Rights As Educative Speech, Tavia Bruxelles Mcallister

Nebraska Law Bulletin (Selected Issues)

Outlines a case for parental rights as educative speech.

Recognizing And Reclaiming Indigenous Peoples’ Constitutional Land Rights In Brazil, Fernanda Frizzo Bragato, Jocelyn Getgen Kestenbaum

Book Chapters

In 2011, the Brazilian Government began dismantling the country’s robust framework for Indigenous land rights by enacting measures to deny Indigenous Peoples’ access to their ancestral lands. From 2019 to 2022, the government did not recognize or title a single hectare of Indigenous lands, despite more than 700 pending requests for demarcation (or formal designation and titling). A change in government and six land demarcations in 2023, however, show signs of a new era for Indigenous Peoples’ rights and relationship with the state. This chapter analyzes evolving Indigenous land rights pre- and post-constitutionalization in 1988, the result of intense political …

Law School News: New Book On Race And Law Gives Context, Fills Gaps 9-6-2025, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Target Companies Regain “Significant Tool” To Encourage Reluctant Buyers To Consummate Public Merger Transactions, Robert S. Reder, Noah Nance

Vanderbilt Law Review En Banc

No abstract provided.

Death By Incarceration: Juvenile Life Without Parole Is Always Cruel And Unusual, Elizabeth Wehby

Vanderbilt Law Review En Banc

No abstract provided.

Brief Of Amici Curiae Intellectual Property Scholars In Support Of Petitioners, Laura A. Heymann, Alfred C. Yen

Briefs

No abstract provided.

Cardozo Law News Brief: September 5, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

This Cardozo Law News Brief highlights the arrival of Cardozo’s newest J.D. and LL.M. students, welcomed by Dean Melanie Leslie with words of encouragement to embrace their journey with joy and purpose. It also features the return of former professor Michelle Adams for a Floersheimer Center book talk on her new work The Containment. In the media, Professor Peter Markowitz spoke to amNewYork about Cardozo’s new Center for Immigration Innovation, Professor Jessica Roth appeared on PBS NewsHour to discuss the $500 million civil fraud penalty against Donald Trump, Professor Sam Weinstein commented to The Washington Post on the Google …

Reflections On The “Pore Space Estate”, Joseph A. Schremmer

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.