North Dakota Law Review

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North Dakota Law Review

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!

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

04/02/2026

Exciting news - Issue 101.1 of the North Dakota Law Review is out now! As our first featured author from the latest publication, we are excited to highlight Megan Middaugh, author of "Criminal Law—Fraud: New Theory Applies to Federal Fraud Prosecutions."

"I wrote this article because of my interest in criminal law and my experience of working in criminal law this past summer. This case interested me because through Kousisis v. United States the Supreme Court of the United States expanded what could be charged as federal wire-fraud. This holding stepped away from the Court's recent trend in narrowing the scope of the federal wire-fraud statute and allowed charges under the fraudulent inducement theory to be brought."

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

01/13/2026

Last week, our January 2026 North Dakota Law Review Alumni Newsletter was sent to our alumni and subscribers. This is the second of three updates subscribers will receive this academic year and includes a recap of the Fall 2025 semester, along with other updates from the Law Review--here is a sneak peak.

We are excited to share this newsletter, and we value the opportunity to stay connected and to continue building our Law Review community!

To receive future newsletters, subscribe here: https://und.qualtrics.com/jfe/form/SV_cHNqqFpKfjE6iY6

12/09/2025

As our final feature from Issue 100.3, we are excited to highlight the North Dakota Supreme Court Review. This Review summarizes four important decisions released by the North Dakota Supreme Court in the past year. Thank you to Associate Editors Bryan Green and Mya Sistad for their excellent work writing this year's Supreme Court Review!

Read the North Dakota Supreme Court Review here:https://law.und.edu/law-review/issues/100/supreme-court-review.pdf

12/02/2025

Today, we are excited to highlight another piece published in Issue 100.3. Katie Snyder, a former Member of the North Dakota Law Review, wrote "The Constitutional Cure for a Defamatory Disease: Why the Supreme Court's Defamation Standards are Outdated." We are proud of Katie's Note, which advocates for updates to the Supreme Court's defamation standards in light of our modern technological realities.

"I chose this topic to illuminate the impact of social media on the law and on society as a whole. Social media allows individuals to achieve widespread social prominence more quickly and easily than was ever historically possible. The accessibility of fame in the modern digital landscape differs greatly from the traditional media channels available when the seminal defamation cases were decided. The delineation of public figures and private individuals has become increasingly difficult, and this article emphasises that defamation standards should be modified to reflect these social advancements."

Read the Note in full here:https://law.und.edu/law-review/issues/100/snyder.pdf

11/25/2025

Today, we are excited to feature "Follow The Law . . . Everywhere? How Differences in Data Breach Regulations Create Compliance Concerns For North Dakota Practitioners" by our Managing Editor Taylor House. This Note received the 2025 SBAND Outstanding Note Award earlier this year, and we are very proud to have published it in our journal!

"I am excited for the opportunity to publish this article on data breach regulations and compliance. In it, I discuss the patchwork of data protection laws, key compliance requirements, and best practices for managing breach responses effectively. I hope it provides valuable insights for professionals navigating today’s complex regulatory environment."

Read the Note in full here:https://law.und.edu/law-review/issues/100/house.pdf

11/21/2025

We are proud to feature "Collateral Consequences of Conviction and Restoration of Rights in Tribal Law by Andrew Novak in issue 100.3. Novak, whose previous research focused on clemency and pardons around the world, looks at collateral consequences of conviction and restoration of rights in the criminal laws of federally-recognized Indian tribes.

"I began researching this topic after a large comparative study on clemency and pardons around the world. When I noticed that many Indian tribes have their own pardon power, I began to look at the legal disabilities that tribal law imposes for a criminal conviction. I found thousands."

Read the article in full here:https://law.und.edu/law-review/issues/100/novak.pdf

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