[Notwithstanding]

With a little googling I am sure you can find one yourself.
This "opinion piece" from the Federalist Society is well-researched and cites the common law and one state's attempt at codifying the common law.

[Catspaw]

This case is on appeal. The Wisconsin Court of Appeals is not going to look to an opinion piece (they may take judicial notice of it in a footnote, but that's not going to be the basis for their decision). They want case law--simply because basing the Court's decision on an opinion piece would be the Court making new law. They aren't going to do that.