Digital Commons Network^™

A Reciprocity: Off-Reservation Treaty Hunting Rights, Sarah K. Yarlott

Montana Law Review

No abstract provided.

The Montana Supreme Court – The Statistics, Henry Bowers, John Carr

Montana Law Review

No abstract provided.

Ndls Communicator: Week Of 09.15.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School welcomes four new clinical faculty members for 2025-26

Faculty Briefs

• Mary Ellen O'Connell
• Haley Proctor
• Carter Snead
• Derek Muller
• Rick Garnett
• Judith Fox
• Nicole Garnett

ND Law in the News

• A judge vacated the conviction of Jason Hubbell and ordered a new trial to be held in October, largely due to the investigative work of the Exoneration Justice Clinic.
• The Dean's Initiative for Leadership and Scholarly Excellence was featured in The Indiana Lawyer and Inside Indiana Business.
• Dean Marcus Cole was mentioned in The Observer's coverage of changes to Notre Dame's Moreau First-Year …

Roger Williams University Launches 12 New Academic Programs For Fall 2025 9-10-2025, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

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.

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.

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

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Can Corporate Law Wake Up Disney After Biting The Enchanted Apple Of Wokeness: The Politicization Of Disney And Corporate Law’S Weak Response, Brian M. Mccall

The Business, Entrepreneurship & Tax Law Review

Corporations that are household names for American consumers have been in the news for alienating their customers and segments of the public by embroiling their companies in controversial political issues. Target, Anheuser-Busch, and Disney are three prominent examples of companies in the news for putting their foot on politically sensitive issues. As Ryan Newman has explained, the issues raised by these events demonstrate an extensive political activism by American corporations that not only spend billions of dollars on political causes unrelated to their business, but also take actions and political stances on matters wholly unrelated to their products or markets, …

Good Newsletter September 2, 2025, Seattle University School Of Law Dean

GOOD NEWSletter

No abstract provided.

Wine Unwelcome: The Constitutional Contours Of Wine Regulation, Alexander Fallone

Brooklyn Journal of Corporate, Financial & Commercial Law

Wine retail shops face a dizzying labyrinth of state laws that severely restrict their ability to ship wine to out-of-state consumers. While the dormant Commerce Clause would normally strike down laws that impose restrictions on interstate commerce, wine (and alcoholic beverages) must contend with Section Two of the Twenty-first Amendment, which gives the states control over the importation and distribution of wine intending to be consumed within their borders. Court of Appeals cases interpreting Supreme Court precedent on the tension between the dormant Commerce Clause and Section Two have practically stripped the dormant Commerce Clause of any power. This Note …

One Hundred Ninety-Nine Dead Birds: Review Of The Scientific Basis Of Ecological Incident Reporting Requirements For Pesticide Registrants Under Fifra § 6(A)(2), Nimish B. Vyas, Cynthia Palmer

Buffalo Environmental Law Journal

The U.S. Environmental Protection Agency (EPA) regulates pesticide use in the United States. The EPA is charged by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) with ensuring that a pesticide will not cause unreasonable adverse effects on the environment. Incident reports (documentation of exposure and injury from pesticide applications) can serve as a reality check on the pesticide registration decisions made by the EPA scientists and risk managers. The EPA collects incident reports on human, domestic animal, and ecological injury. The FIFRA section 6(a)(2) rule requires the pesticide registrant (generally, the company or other entity that wishes to market …

Manatees In Hot Water: How The Florida Manatee Became Dependent On Power Plant Warm Water Outfalls, Michaela Morris

Buffalo Environmental Law Journal

Each winter in Florida, thousands of manatees gather in the warm water outflows of power plants. These refuges play a crucial role for the Florida manatee: when ocean temperatures drop, manatees shelter at these artificial sources to survive. But in recent years, thousands of manatees wintering at the Florida Power & Light Company’s Cape Canaveral Clean Energy Center have died. The reason? Seagrass beds––a primary food source for manatees––are vanishing, killed off by pollution from agricultural, industrial, and residential sources.

This Article documents the historical, political, and regulatory conditions that led to manatees’ reliance on power plants. First, the political …

Private Functional Wildlife Trusts, Stuart W. Babcock

ACTEC Law Journal

Public wildlife law is clear: wild animals exist and are managed for the public writ large. This is a mistake. Wild animals are beings of moral concern; their lives can be good or bad, better or worse, and they should be treated accordingly. This article explores a novel legal instrument which can account for wild animals' unique interests and circumstances: private wildlife trusts, in which wild animals are the trust beneficiaries. Wildlife trusts pose distinctive management and implementation challenges. This article aims to provide a path forward for wildlife advocates seeking new tools to protect wild animals and the habitats …

Compelled Contraception, Lars Noah

West Virginia Law Review

Can the federal government insist that people use contraceptives? It may come as a surprise to learn that the U.S. Food and Drug Administration (FDA) has done just that as a condition for allowing access to some pharmaceutical products that create a serious risk of birth defects. Over the last few decades, the agency has demanded that patients using certain teratogenic agents—now numbering over a dozen drugs prescribed for a variety of conditions, ranging from severe acne and psoriasis to multiple myeloma and pulmonary hypertension—agree to avoid becoming pregnant, sometimes for years after completing their course of treatment. Undoubtedly the …

Reasoning From Injustice, Robert L. Tsai

Michigan Journal of Race and Law

In a series of lectures at Yale Law School, the Harvard political theorist Judith Shklar critiqued leading models of justice as overly abstract and lacking a realistic account of the social dynamics that perpetuate injustice. In this essay, Professor Tsai builds on Shklar’s account of injustice as a social phenomenon by offering a structural reading of key literary texts that explore the nature of legal injustice—from the Book of Job to Harriett Beecher Stowe’s Uncle Tom’s Cabin and Frederick Douglass’s The Heroic Slave. A close reading of these texts permits us to flesh out Shklar’s observations and “give injustice …

The Worker Fight Against Compelled Listening: The Past, Present, And Future Of Captive Audience Meetings In The Wake Of Amazon.Com, Hailey Simpson

Nevada Law Journal

No abstract provided.

Narrative Drip And Other Metaphors For Data-Resistant Immigration Enforcement, Matthew Boaz

University of Arkansas at Little Rock Law Review

No abstract provided.

Queer And Present Danger: Reconceiving Arkansas’S Artificial Insemination Laws To Protect Lgbtq Families, Chacey Schoeppel Wilcox

University of Arkansas at Little Rock Law Review

No abstract provided.

Synthesis Theorization, Gauri Pillai

Denver Journal of International Law & Policy

Finding a space for reproductive rights within constitutions that are silent on them has been a perennial challenge. Most common responses fall into one of three categories. First, reading them into the right to privacy (or liberty). Second, and more recently, eschewing privacy and turning to the right to equality. And third, and most comprehensively, adding or combining privacy and equality. I argue that while rights addition avoids the need to choose between privacy and equality in framing reproductive rights, it falls short of capturing the intertwined lived reality of rights infringement. I source from within Indian constitutional law a …

Responsible By Design: Strategic Guidance Report On The Risks, Opportunities, And Governance Of Artificial Intelligence In The Military Domain, The Global Commission On Responsible Artificial Intelligence In The Military Domain, Mary Ellen O'Connell

Books

The Strategic Guidance Report reflects the independent judgement and deliberations of the Chair and Commissioners of GC REAIM. While the Commissioners have drawn on the valuable insights of the GC REAIM Expert Advisory Group, whose contributions, including authored policy notes, have informed aspects of this report, the responsibility for the views, recommendations, and conclusions expressed herein rests solely with the Chair and Commissioners, and does not necessarily reflect the views of the Experts or their respective organizations. The Global Commission acknowledges with appreciation the essential role of the Expert Advisory Group in supporting rigorous, multidisciplinary dialogue throughout the process.

CHAIR: …

"Ai" (Artificial Intelligence) Evidence: Rather Than Struggling To Decide Whether To Classify A Methodology As "Ai" And Relying On A Generalization About Ai Evidence, The Court Should Inquire Whether The Expert's Methodology Possesses A Specific Characteristic That Is Problematic In An Evidentiary Sense, Edward J. Imwinkelried

Hofstra Law Review

No abstract provided.

Article Xx And The Competition Problem: How The Justice Department Could Revive The Labor Movement By Suing The Afl-Cio, Alexander Macdonald

Hofstra Law Review

No abstract provided.

Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff

Dissertations, Theses, and Capstone Projects

This thesis examines parole revocation hearings in New York as complex performances that extend carceral control beyond prison walls. Drawing on a composite vignette from the Bronx parole court, it analyzes the interplay between procedural reform, constitutional due process, and neoliberal governance. Using a dramaturgical framework informed by Michel Foucault’s discourse analysis and Judith Butler’s theory of performativity, the study identifies four interrelated processes: the judge as director, who orchestrates hearings according to institutional priorities; normalization, where repetition embeds structural inequality as routine; type-marking, the classification of parolees into predefined roles through accumulated records and cues; and the extension of …

Stakeholder Views On Lessons Learned For The Antimicrobial Resistance Panel From Previous International Science Panels [Version 1], Iruka N. Okeke, Ayodele A. Akinyele, Javier Guzman, Kevin Outterson

Faculty Scholarship

The United Nations General Assembly called in September 2024 for the establishment of an independent panel for actionable evidence against antimicrobial resistance (IPEA). The task of designing the panel was given to the Quadripartite Joint Secretariat (QJS) on Antimicrobial Resistance (AMR) with a delivery timeline of 15 months. To promote stakeholder thought and input around what this panel should look like and how it should work, which could feed into the QJS’s consultation process, we independently commissioned seven papers to examine lessons that could be learned from other high-level scientific panels. We then called a convening of stakeholders that were …

Government Vicarious Liability And The Concept Of Deemed Equality With Private Persons, Gary K. Y. Chan

Research Collection Yong Pung How School Of Law

The immunity against Crown liability was abolished in the United Kingdom in 1948 based on the Diceyan notion of rule of law and deemed equality under the law between public officials and private persons. This paper analyses government vicarious liability in respect of the acts and omissions of public officers under the Singapore Government Proceedings Act with reference to the concept of deemed equality. We will discuss the scope of the statute in light of recent common law developments in vicarious liability, statutory exceptions to government vicarious liability that may be justified by the functions of the government in the …

Optimizing The Role Of Notaries In Digital Property Inheritance: A Comparative Legal Analysis, Tjhong Sendrawan, Rosa Agustina, Edmon Makarim, Arman Nefi, Josephine Rus Indra Sapti Ipfelkofer

Indonesia Law Review

One of the provisions in inheritance laws regarding the transfer of digital property after someone's death is a relatively new and evolving area of legal consideration. Inheritance laws were developed long before the widespread adoption of digital property, such as cryptocurrencies, non-fungible tokens (NFTs), online accounts, and other forms of digital property. As a result, existing inheritance laws often lack clear guidance on how to control the legal transfer of these digital assets upon the owner's death. This article aims to analyze the legal concept of digital property to be inherited and to provide solutions for current digital property inheritance …

A Remedy For A Distressing Situation: Discrimination Against Children With Disabilities In Public Education, Joshua P. Sarsfield

San Diego Law Review

This Comment will focus on answering [the] question: are emotional distress damages available under the ADA? First, Part II of this Comment reviews the history of statutes addressing students with disabilities and explore the unavailable remedies when schools fail to uphold their responsibilities under the IDEA, Section 504 of the Rehabilitation Act of 1973 (Section 504), and the ADA. Next, Part III argues that emotional distress damages are available under the ADA, based on the statute’s historical origin. Then, Part IV proposes several different solutions for emotional distress damages and suggest a framework for circumstances in which a claimant may …

Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan

Fordham Environmental Law Review

After the Supreme Court overruled Chevron deference in Loper Bright v. Raimondo, commentators warned of the detriment to federal agencies resulting from the loss of judicial deference to agencies’ interpretations of the statutes they administer. This Essay takes a different approach and examines how advocates for agency authority can use this shift away from judicial deference to their advantage—by refocusing litigation strategy toward congressional delegations. Statutory interpretation arguments need no longer focus on whether an agency is intruding on the judicial prerogative to interpret the law and can now focus instead on whether a court is intruding on the …

The Problem Of Market Power In Postwar America: Antitrust Law, Regulatory Discourse, And Changing Ideas Of Market Power, Laura Phillips-Sawyer

Scholarly Works

US antitrust law prohibits anticompetitive restraints of trade, including collusion among firms and single-firm monopolization. The law serves as a democratic check against concentrations of private economic power. However, in the post-World War II era, the law has changed largely through case law, rather than through statutory interventions. Thus, understanding the role that antitrust law has played in reconciling capitalism and democracy requires us to ask what has influenced changes to antitrust law. This chapter traces antitrust law’s postwar development across three key periods: 1940–1970s, mid-1970s to 2010s, and 2010s to present. It argues that each era’s approach to the …

"The Cake Is A Lie:" Locating Loot Boxes In Indian Gaming Framework, Aman Gupta, Samriddh Sharma

Indian Journal of Law and Technology

Lootboxes have become endemic in modern video games. These microtransactions allow users to purchase virtual containers without knowing their content, which is determined by chance. There have been increasing concerns about the negative impact of loot-box purchases on mental health and whether these amount to gambling under various laws. In response, several countries have started applying existing gambling laws or legislating new measures to regulate lootboxes. This raises questions about the present state of regulations in the Indian context and whether they are adequate in meeting the risks posed by lootboxes. In the present article, the authors explain the concept …