North Dakota Law Review

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Triannual publication by the University of North Dakota School of Law Interested in submitting a manuscript? Have a particular topic or author in mind?

The Law Review publishes articles written by professors, lawyers, UND law students, and nationally recognized legal scholars. The Law Review also serves as the official journal of the State Bar Association of North Dakota. The North Dakota Law Review provides critical analysis of legal issues and developments in the state and region, as well as national and international platforms. Let us know!

10/29/2026

The North Dakota Law Review is excited to share an article featured in Issue 101.3 authored by Professor Brian R. Downing. This article can be read using the link in our bio!

Brian R. Downing, a professor at Ole Miss Law, writes in Artificial Oral Arguments that Supreme Court audio can be easily turned into GenAI videos whether we like it or not. Professor Downing argues the Supreme Court should consider short-circuiting the problems with artificial argument video by finally providing the public with the real thing.

04/28/2026

We are excited to share that Megan Middaugh, our incoming Editor in Chief, received the State Bar Association of North Dakota Outstanding Note Award this year! The North Dakota Law Review is incredibly grateful for SBAND's ongoing support.

"I am honored to receive this award from SBAND and the North Dakota Bar Foundation for my article on targeted book removal legislation in North Dakota. I had a fantastic time writing this article and took inspiration from my life long favorite hobby of reading. I am deeply appreciative to the librarians, booksellers, and educators we have in North Dakota and to those that have personally impacted my life. I would also like to extend great thanks to the Student Articles Editor, Lily Burnside, for her excitement and encouragement along the way, and the rest of the Board of Editors for all their feedback and support."

Megan's Note, "The Right to Read: Why Restricting Public Library Catalogues Hurts North Dakota" will be featured in Issue 101.2, which is currently being prepared for publication. Congratulations, Megan!

04/21/2026

Today we are excited to highlight another Case Comment featured in Issue 101.1, "Constitutional Law—Fourth Amendment: Eighth Circuit Replaces Clear Statement Rule with Course of Proceedings Test in § 1983 Claims" by Faith Scheuer!

"I wrote this article because I am fascinated by how the law changes over time. Here, I look at a case that marks a shift in the Eighth Circuit's pleading standard, moving from the 'clear statement rule' to the more widely used 'course of proceedings test' in § 1983 cases. This decision brings the Eighth Circuit in line with other federal appeals courts. It also shows that even long-standing legal precedent can be reconsidered and adapted over time."

Read the article in full here:https://law.und.edu/law-review/issues/101/scheuer.pdf

04/14/2026

Today we are excited to highlight another case comment published in Issue 101.1 of the North Dakota Law Review: "Criminal Law—Hearsay: Testimonial or Non-Testimonial Out-of-Court Statements for Ongoing Emergencies" by Gabriel Almlie.

"I chose to write about this case because it seemed on its face to go against a constitutional right. After further research, I still disagreed with the law and how it developed. In my view, the current law does not do enough to uphold the right of confrontation. I thought the topic warranted further discussion."

Read the article in full here:https://law.und.edu/law-review/issues/101/almlie.pdf

04/07/2026

This week, we are excited to highlight "Civil Rights—Education and Disabilities: The Elimination of a Heightened Standard of Proof for Students with Special Needs" by Emma Norgard, which is included in issue 101.1. This piece analyzes the recent United States Supreme Court decision that vacated and remanded the Eighth Circuit's judgment by eliminating the heightened “bad faith or gross misjudgment” standard for disability discrimination claims in schools. The Court removed a procedural barrier by holding that student plaintiffs do not need to meet a more stringent standard of proof than litigants in other contexts to establish discrimination under the ADA and Section 504 of the Rehabilitation Act. The decision also requires school districts to comply with existing obligations carefully. This piece further examines the concurring opinions, which analyze the role of intent in future discrimination claims.

Emma shared: "I was interested in this topic through my experience in employment and public school law last summer, as well as through my connections to individuals who work in special education. I am grateful for the opportunity to contribute to this ongoing conversation in education and disability law."

Read the article in full here:https://law.und.edu/law-review/issues/101/norgard.pdf

Address

University Of North Dakota School Of Law, 215 Centennial Drive Stop 9003
Grand Forks, ND
58202

Telephone

+17017772941

Website

https://law.und.edu/law-review/index.html

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