Digital Commons Network^™

Timely Trials, Costly Remedies: Remedial Deterrence After Jordan, Maggie Morris

Dalhousie Law Journal

This article critiques the Supreme Court of Canada’s ceiling–stay regime under sections 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms, which imposes a presumptive limit on trial delay and mandates a stay when the ceiling is breached. The regime’s design is best understood through the analytical lens of remedial deterrence, which examines how the cost of a strong remedy shapes judicial interpretation of a right. I argue the automatic stay has produced meaningful gains by forcing governments and justice actors to internalize the costs of delay, but its rigidity has also encouraged doctrinal adjustments that risk narrowing …

Trademarks, Functionality, And Competition, Glynn Lunney

Faculty Scholarship

Courts and commentators have long thought that the purpose of trademark and unfair competition law is to distinguish fair competition from unfair competition and prohibit the latter. Yet, trademark law has a more fundamental, more foundational purpose. Before trademark law can distinguish fair competition from unfair competition, there must first be competition. That makes ensuring competition trademark law’s highest priority. Identifying and prohibiting unfair competition becomes, by necessity, a subordinate concern. Until 1982, courts recognized this hierarchy and enforced a broad and flexible functionality limitation on trademark or trade dress protection to ensure competitive markets. In 1982, however, this changed. …

Dishwashers And Dicta: The Fifth Circuit's Not-So-Quiet Attack On Doe Authority In Louisiana V. United States Department Of Energy, Robert G. Torpey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Reinforcing Media Governance In Indonesian Dynamic Cyber Space, Poppy Setiawaty Nurisnaeny, Hendra Kaprisma, Chrisna Yudhawinata, Sudirman Sudirman

International Review of Humanities Studies

Following the rapid change in technology development, the Indonesian mass media have undergone a digital transformation. This digital mass media and its users have evolved, assimilated, and integrated themselves to fit in the cyber world. This distinguishing feature distinguishes them from traditional mass media. The cyber environment's infinite international boundaries are both advantageous and disadvantageous, as it is difficult to govern digital activity outside Indonesia's jurisdiction. This unregulated environment became a breeding ground for cybercrime, making the digital space unsafe for individuals and threatening national security. In response to this issue, the Indonesian government has enacted various laws and policies, …

Radical Responsibility: Sartre And The Ecocentric Erosion Of Human Agency, Khodadad Azizi, Naupal Asnawi, Abby Gina Boang Manalu

International Review of Humanities Studies

Contemporary ecological crisis persists despite decades of environmental ethics discourse and rising public awareness, a discrepancy researchers have named the awareness-action gap. One influential corrective, running from Aldo Leopold’s land ethic through Arne Naess’s deep ecology, addresses anthropocentric domination by folding the human being back into the biotic community as one member among others. This article argues that such levelling, whatever its merits against domination, carries an underexamined cost: it erodes the very ground on which anyone can be held responsible for ecological destruction, since only a being capable of choice, not soil, water, or rock, can be asked to …

Onomatopoeia In The Digital Comic The Wormworld Saga (2010), Nur Kholidah, Julia Wulandari

International Review of Humanities Studies

This study examines the forms and meanings of onomatopoeia derived from concrete sounds in the digital comic The Wormworld Saga. The study aims to explore the use of onomatopoeia in The Wormworld Saga and to describe its forms and meanings using a descriptive qualitative method. This study analyzes the forms of onomatopoeia based on the categories proposed by Gross (1988) and analyzes their meanings based on the classification proposed by Körtvélyessy and Štekauer (2024). The results show that there are 54 onomatopoeia classified as concrete sounds. In terms of form, the most common onomatopoeia are non-word forms, accounting for 41 …

Reining In The Private Nondelegation Doctrine: Examining The Constitutionality Of The Horseracing Integrity And Safety Act In Light Of Fcc V. Consumers' Research, Kathryn Dorans

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

What Counts As Data? Empirical Legal Research With India’S Ecourts Portal, Lubhyathi Rangarajan, Sakshi Rai, Nikita Bansal

Socio-Legal Review

This Notes from the Field (‘NFF’) studies an attempt to build a nationwide dataset of cases instituted under the Unlawful Activities (Prevention) Act, 1967 using the eCourts portal, an open access state-led digital repository of all judicial records across India. It uses this experimental attempt to create new methodological and epistemological ways of thinking about data when undertaking socio-legal research. The paper argues that the appearance of judiciary-led digital transparency and visibility masks deeper concerns with data integrity. Through a process of manual data extraction across than 3,647 court complexes on the eCourts portal, the study reimagines technical failures and …

Actualité De L'Arbitrage, Poej

Proche-Orient, Études juridiques

Actualité de l'arbitrage : - Allocution du R.P. Jean Ducruet - Allocution de M. R. Debbas représentant M. Adnan Kassar - Discours d'ouverture de M. Bahige Tabbarah - Introduction par Richard Chémaly - Introduction par Bertrand Moreau

La Réforme Du Droit Des Sociétés : Réforme D'Envergure Ou Simple Toilettage ?, Philippe Merle

Proche-Orient, Études juridiques

No abstract provided.

Redefining Authorship And Licensing In The Age Of Generative Ai: Navigating The Future Of Copyright Law, Sara Sabri

DePaul Law Review

No abstract provided.

Table Of Contents

DePaul Law Review

No abstract provided.

What We Should Know About The Reliability Of Empirical Legal Studies, Kathryn Zeiler

DePaul Law Review

The findings of replication studies conducted in the early 2010s

led many to declare that science was in the midst of a “replication

crisis.” Since then, a growing number of reforms have been

proposed and tested. The field of empirical legal studies seems

behind other fields such as psychology, economics, political science,

medicine, biology, and others that have taken significant steps

toward uncovering the general reliability of the field’s empirical

work, investigating the causes of observed unreliability, and

instituting and testing the effects of various reforms. The purpose of

this Article is to summarize what we know about the reliability …

Reflections On Danny Kahneman's Influence On Legal Scholarship, Jennifer K. Robbennolt

DePaul Law Review

No abstract provided.

The Open Science Movement And Its Implications For Expert Testimony, Robert J. Maccoun

DePaul Law Review

No abstract provided.

Table Of Contents

DePaul Law Review

No abstract provided.

The Montana Supreme Court – The Statistics, Simon Mcmahon, Bryn Sokoloski

Montana Law Review

No abstract provided.

Significant Montana Cases, Claire Bagnell, Meredith Iams

Montana Law Review

No abstract provided.

2026 Hon. James R. Browning Distinguished Lecture In Law: Pride And Precedent: Some Thoughts On Judging, Danielle J. Forrest

Montana Law Review

No abstract provided.

Stacking The Deck: Ai, Jury Selection, And The New Batson Problem, Alexandria Serra

Washington Journal of Law, Technology & Arts

Generative artificial intelligence has infiltrated jury selection right under our noses. What began as a passive data mining experiment has evolved into AI-powered jury selection tools that profile potential jurors by scoring, ranking, and recommending which citizens to exclude from jury service. Although these tools promise objectivity, they risk encoding the same racial and gender biases that Batson v. Kentucky sought to eliminate. Courtroom AI is here to stay. But when lawyers delegate peremptory strikes to statistical models trained on biased data, Batson becomes obsolete. No court can detect algorithmic bias that lacks discernible intent. No judge can analyze whether …

Volume 16 Issue 3 - Full Issue

Notre Dame Journal of International & Comparative Law

No abstract provided.

From Mandela To Meta: Democratization Of The Right Of Publicity, Persona, And Image Rights In Cyberspace, Frederick W. Mostert, Lea Leisure

Notre Dame Journal of International & Comparative Law

No abstract provided.

Taxonomy As Translation: Private Law In A Plural Legal Order, Ibtisaam Ahmed

Notre Dame Journal of International & Comparative Law

No abstract provided.

An Analysis Of The Law On The Prohibition Of Fraud In Goods, Samira Krourou

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

One of the most important aspects of consumer protection is the fight against fraud in goods—a form of protection enshrined in the Abrahamic religions long before the enactment of positive laws or the emergence of consumer advocacy movements that spread from the United States to Europe and the rest of the world. While fraud in general is indicative of a malicious tendency to infringe upon rights, spread corruption, and undermine interests, fraud involving goods and food is an even more heinous and dangerous crime because it affects the health and lives of both humans and animals. Therefore, it was necessary …

Presentation On Scientific Activities Related To Environmental Law, Mahjoub El Haiba El Haiba

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Environmental problems have a global character due to the interdependence of biosphere components, yet they also have significant local dimensions. Climate change and the greenhouse effect, which have intensified in recent decades, pose serious threats to biological balance and endanger human, plant, and animal life. While these issues demand global solutions, local responsibility remains crucial, as the causes and impacts vary across regions. This presentation highlights the scientific activities of the Moroccan Association for Environmental Law, which organizes events—such as roundtables on ozone layer protection—aimed at bridging scientific knowledge and legal frameworks to address both global and local environmental challenges …

Signal And Substance: Why Methodological Sophistication Fails To Guarantee Inference, Aamir Rashid, Rizwana Rasheed

Publications and Research

Despite increasing analytical sophistication, empirical research in organization studies continues to suffer from fragile inference, uneven theoretical accumulation, and contested credibility. This paper seeks to explain why these problems persist by shifting attention from authors’ methodological choices to the evaluative dynamics of peer review. Adopting a conceptual and theory-analytic approach, the paper theorizes peer review as an inferential gatekeeping system. Drawing on research design, theory evaluation, and philosophy-of-science literatures, this study develops an analytical framework to examine how evaluative routines shape what constitutes empirical rigor during the review process. The analysis identifies five recurring reviewer blind spots: inferential scope inflation, …

Toward A Private Law Of Intimates' Obligations, Emily J. Stolzenberg

Faculty Publications

When former cohabitants ask courts to distribute property at the end of a nonmarital relationship, they usually lose—even when the partners were as economically intertwined as spouses. Family law scholars have traditionally criticized these cases in terms of longstanding gendered ideas about family relationships. This Article proposes a complementary account at the intersection of feminist and private law theory: that the law of voluntary obligations is not adequately developed to protect intimates’ cooperation. Although marital status law aims to safeguard thick cooperation between spouses and contract law captures a range of more market-based cooperation, for historically contingent reasons, little doctrine …

Standar Ganti Rugi Materil Dalam Kasus Perbuatan Melawan Hukum Pada Hewan Di Indonesia Berdasarkan Kasus Blackout Pln Pada Putusan Pengadilan Negeri Nomor 09/Pdt.G.S/2019/Pn Jkt Slt, Nathania Debora Siagian, Rosa Agustina

Lex Patrimonium

This study examines the standard of material compensation for pet deaths due to unlawful acts in Indonesian law, using a case study of District Court Decision No. 09/PDT.G.S/2019/PN JKT Sel, which rejected a claim for the death of four koi fish due to a power outage by PLN. Through doctrinal legal research with case and comparative law approaches, this study finds that Indonesian law still categorizes animals as movable objects, limiting compensation to provable economic loss, without considering emotional value. The court ruled that the power outage was not an unlawful act due to lack of fault, thus limiting PLN’s …

Foreword, Adam Fortier-Brown

Maine Law Review

Access to legal services in America has emerged as one of the most pressing structural challenges facing the legal community. As attorneys increasingly concentrate in metropolitan areas, large areas are left with few practicing attorneys and challenging prospects of attracting many more. The consequences of this challenge reach across nearly every aspect of life in these communities—from housing and family stability, to starting or winding down businesses, and critically, to the constitutional guarantees that attach when someone is charged with a crime. Yet, these challenges have also generated a period of genuine creativity and collaboration between communities and different institutions. …

Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy, Lisa R. Pruitt

Maine Law Review

When California voters embraced mid-decade congressional redistricting in 2025, the greatest media attention landed on the state’s First Congressional District, CA-01. It is residents of that district who are likely to feel the consequences of the new maps most profoundly. In the form established by the California Citizens Redistricting Commission in 2021, CA-01 occupied more than 26,000 square miles in the state’s northeastern corner. The district included a number of inland counties stretching from Modoc, tucked into the corner formed by the Oregon and Nevada state lines, to Colusa, in the Great Central Valley. The cluster of ten counties—hereinafter “old …