Digital Commons Network^™

The Non-Binding Bind: Reframing Precatory Stockholder Proposals Under Delaware Law, Kyle A. Pinder

Michigan Business & Entrepreneurial Law Review

Rule 14a-8 under the Securities Exchange Act of 1934 allows stockholders to submit proposals for inclusion in a company’s proxy materials. The rule assumes that Delaware law provides stockholders with the right to submit non-binding proposals for stockholder approval. But as many have observed, this assumption lacks a firm basis in state law, particularly in Delaware. If such a right exists, a stockholder conducting its own proxy solicitation could submit numerous precatory proposals, including those advancing narrow or special interests. This article concludes that, under Delaware law, stockholders do not have an inherent right to submit precatory proposals. Accordingly, a …

Navigating The Eu’S Corporate Sustainability Due Diligence Directive: Strategic Implications For Us Companies, Silvia Ciacchi, Michael Faure, Sharon Oded

Michigan Business & Entrepreneurial Law Review

The European Union’s (“EU”) Corporate Sustainability Due Diligence Directive (“CSDDD” or the “Directive”) introduces new human rights and environmental obligations that reshape global corporate governance. This paper explores its impact on US companies, with a particular focus on compliance strategies under both direct and indirect applicability. It contrasts tactical compliance, which emphasizes risk mitigation while meeting minimum legal requirements, against strategic compliance, where companies use sustainability to gain a competitive edge in the market.

This paper highlights how varying enforcement levels across EU Member States may incentivize companies to “forum shop” or choose jurisdictions with more relaxed enforcement. It also …

A Primer Of Medical Device Regulation: How To Go From Reactive To Proactive To Better Protect Patient Safety, Sneha Dave, Rita F. Redberg

Utah Law Review

FDA oversight of medical devices has too often been reactive, following preventable disasters rather than based on a proactive commitment to patient safety. The history of the device framework, the expansion of expedited pathways, weak postmarket surveillance, broad preemption, and conflicted patient advocacy together create a perfect storm of a regulatory environment that tolerates uncertainty and externalizes costs onto patients. Reforms such as time‑limited breakthrough status, mandatory and enforceable postmarket studies, requirements for more robust safety and efficacy data, and strengthened reporting duty for clinicians would move device regulation closer to FDA’s statutory mandate to protect public health. It would …

Fda Policymaking In The Trump Deregulation Era, Jordan Paradise J.D.

Utah Law Review

This Article endeavors to contribute to and continue the conversation about how the Trump deregulatory agenda is impacting a vital national public health agency, the FDA, and our national collective public health in ways that deviate from longstanding agency policy and practice. Various other FDA policy actions deserve concerted attention by legal scholars, including the agency’s recent moves in the direct-to-consumer marketing (DTC) drug space through targeted warning letters and publicity about reforming the “adequate provision” standards, food additives and generally recognized as safe (GRAS) listing processes and directives to industry, adjustments to the biosimilar interchangeability requirements through guidance document, …

Medical Device Regulation: We Can’T Just Go Back (Nor Should We), George Horvath

Utah Law Review

For much of the twentieth century, the federal Food and Drug Administration maintained its reputation as the preeminent regulatory agency, renowned for providing vigilant and scientifically rigorous oversight that ensured the safety and effectiveness of drugs and medical devices. But a former FDA commissioner recently lamented that “[t]he FDA as we’ve known it is finished.” Many commentators have raised concerns that reductions in force will leave the Agency understaffed, that these shortages will prolong review times, and that the standards applied to premarket evaluations of medical products will allow unsafe and ineffective products to reach the market. But in the …

The Fda’S New Clinical Decision Support Software Guidance And Its Implications For Artificial Intelligence, Sara Gerke

Utah Law Review

Artificial Intelligence (AI) is transforming healthcare. While the U.S. Food and Drug Administration (FDA) has authorized the marketing of more than 1,400 AI-based products classified as devices under Section 201(h)(1) of the Federal Food, Drug, and Cosmetic Act, many other AIbased products, including certain clinical decision support (CDS) software tools that provide recommendations to health care professionals about diagnosis, treatment, or prevention of a disease or condition, have been placed on the U.S. market without FDA premarket review. On January 6, 2026, the FDA issued a revised CDS Guidance, which superseded the September 28, 2022 CDS Guidance. Shortly after, the …

A Sign Of Our Times: Cities, Protest And Public Space, Susan Drucker

Proceedings of the New York State Communication Association

The U.S. is a country born out of protest, a nation which enshrined in its Constitution the right to assemble and petition the government, which includes the right to protest peacefully. Cities are spatial media and the site of much current contentiousness and controversy in the Trump administration’s America.  Cities can be symbols of protest such as sanctuary cities. Appropriation of everyday urban spaces and activities has been key to opposition politics. City streets have historically been the site of sign toting protesters watched o masked members of U.S. Immigration and Customs Enforcement (ICE). This paper explores the historical and …

Economic Costs And Rhetoric Of Resisting Diversity, Bill Petkanas

Proceedings of the New York State Communication Association

This paper examines the history of group exclusion in various occupations and the rhetoric used to support programs in diversity, equity, and inclusion. Examples include the Manhattan Project, the Discovery of the structure of DNA, and sports. Rhetorical possibilities are suggested based on the economic advantages of DEI.

Prosecutorial Guidance And Non-Prosecution Policies: A Pragmatic Path Forward For Ai In Legal Services, Jessica Bednarz, Ericka Byram, Kelli M. Raker, Jeff Ward

Duke Center on Law & Technology

No abstract provided.

Department Of Health Exerts Strong Control Over Cbct In Dental Offices: Regulations, Adopted Over Objection From Nysda, Take Effect Immediately., Lance Plunkett Jd, Llm

The New York State Dental Journal

On July 22, the New York State Department of Health finally adopted an entire set of new regulations covering all aspects of ionizing radiation. Contained in Article 16 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York (10 NYCRR), the new regulations repealed and replaced the old Article 16. It is important to note that the new regulations are in effect only in counties outside of New York City. Dentists in New York City should still rely on guidance from the city Department of Mental Health and Hygiene. The regulations contain …

Comparative Legal Study On Corruption In The Construction Sector: Indonesia And China, Seng Hansen, Liang Qi

The Indonesian Journal of Socio-Legal Studies

This study aims to compare the legal approaches to corruption in the construction sector in Indonesia and China. The construction sector in both countries is often fertile ground for corruption, which harms the economy and creates social inequality. This study employs a comparative legal analysis method to examine regulations, policies, and the effectiveness of law enforcement in combating corruption within the construction sector in both countries. The primary focus of this study is a comparison of applicable anti-corruption laws and the roles of law enforcement agencies, such as the Corruption Eradication Commission (KPK) in Indonesia and the Central Commission for …

Patient-Centered Imaging In Dentistry, Erika Benavides Dds, Phd, Fabiana Naomi Soki, James R. Geist Dds, Ms, Angela M. Hoikka, Dds, Ms

The Journal of the Michigan Dental Association

This clinical feature discusses joint guidelines by the ADA and AAOMR for patient-centered dental radiography and cone-beam computed tomography (CBCT), emphasizing individual risk-based needs rather than routine schedules. It covers the principles of radiation safety: justification, optimization (ALARA/ALADA), and dose limitation. The article maps out specific imaging modalities recommended for caries, periodontal disease, endodontics, orthodontics, implants, and TMJ disorders. Additionally, it summarizes Michigan's administrative rules for X-ray installation shielding, equipment alignment, stable mechanical support, operator positioning, and the mandatory radiography training program requirements for dental assistants.

A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the …

W&L Law Library Annual Report 2025-2026, The Law Library At Washington And Lee University School Of Law

Law Library Annual Reports

No abstract provided.

Scientific Uncertainty As Political Aggression: A Manifesto For Those Who Value Science And Want To Save It From State And Corporate Control, Stephen Demeo

Publications and Research

A manifesto is an opportunity to publicly express strongly held beliefs about a topic that is personally important to an author. It is analytical as it is creative. “Scientific Uncertainty as Political Aggression” is a manifesto that intersects science and politics. It urges those interested in science to examine two different but related topics: scientific uncertainty in measurement—what it is, how it is determined, why it’s important— and the magnification of uncertainty through legal and linguistic tactics used by right-wing politicians and politically supported corporations.

For some time now, the Republican Establishment has cast excessive doubt on scientific findings through …

The Nusantara Capital City (Ikn) Relocation: Autocratic Legalism And The Marginalization Of Local Communities, Imam Syafi'i, Dian Aulia

The Indonesian Journal of Socio-Legal Studies

The first phase (2022–2024) of the Nusantara Capital City (IKN) relocation prioritizes the construction of the city's physical infrastructure under the “Nusa Rimba Raya” concept. During this phase, the massive development of supporting infrastructure, including government buildings, official residences, toll roads, ports, and the VVIP airport, has driven increased demand for materials and land, impacting areas beyond the delineation of IKN. However, the power-driven approach in the capital relocation policy has led to socio-ecological injustices for indigenous and local communities by disregarding meaningful public participation and environmental sustainability. Land acquisition through the Land Bank (Bank Tanah), which prioritizes investment, along …

Medical Liability In The Age Of Ai-Driven Healthcare: Ethical Challenges And Legal Framework Recommendations, Rani Tiyas Budiyanti, Roro Isyawati Permata Ganggi, Penggalih Mahardika Herlambang

The Indonesian Journal of Socio-Legal Studies

The integration of artificial intelligence (AI) in healthcare is progressing rapidly and is applied to various aspects of medical practice, including diagnosis, treatment planning, and patient care. However, the integration of AI in healthcare raises complex legal and ethical issues, particularly regarding medical liability. The growing development of AI technology is blurring the concepts of responsibility and accountability in medical practice. Furthermore, with AI systems becoming increasingly autonomous in their decision-making processes, it becomes increasingly difficult to determine responsibility in cases of medical errors or actions that harm patients. In view of this situation this article argues that it is …

Ai Slop, Jessica Silbey, Woodrow Hartzog

Faculty Scholarship

The term “AI slop” has become popular to describe the output of generative AI systems seen as voluminous, low quality, or the result of little effort. When AI-generated music and videos flood platforms, they are called slop. Peer-reviewed journals and legal tribunals are drowning in low-quality and low-reliability AI slop submissions.  Employees are seen to be producing mountains of slop in their reports and communications with each other. The term has inertia and heft, and the phenomenon has significant consequences. Most of them are not good.

But the boundaries of “AI slop” and its usefulness in policy discussions are not …

Patents And Incentives To Assign, License, Or Litigate, Keith N. Hylton

Faculty Scholarship

This paper presents a model of the activity of patent intermediaries and potential infringers in a system of costly patent litigation.  Because the intermediary, in comparison to the inventor, has a more credible threat to sue, both the revenue from infringement litigation and the intrinsic value of the patent are greater in the intermediary’s hands.  The central finding is that intermediaries license patents to potential infringers when infringement litigation is inefficient. Intermediaries tend to acquire high-quality patents from inventors and assign low-quality patents to potential infringers. Another issue this model addresses is the differential between the private and the social …

Religious Persecution In Communist Albania Through Constitutional And Legal Acts, Sadik Haxhiu, Besard Belegu, Artan Fejzullahu

Occasional Papers on Religion in Eastern Europe

Following the victory of the communist regime in 1944, the new Albanian state built its institutions on a materialist worldview that stood in direct opposition to the universal principles of freedom of conscience and religious belief. The state progressively restricted religious practice until it banned it altogether. This anti-religious campaign proceeded along two tracks: anti-religious political propaganda and the adoption of legal acts prohibiting the practice of religion. A 1967 decree-law banned religious belief outright, and the 1976 Constitution declared Albania the first atheist state in the world. This paper is based on an analysis of legal acts, scholarly literature, …

From Humanitarian Aid To “Counterrevolution”: Foreign Assistance To Pentecostals In Soviet Ukraine And Its Criminalization By The Gpu–Nkvd, 1932–1935, Oleksandr Korotaiev

Occasional Papers on Religion in Eastern Europe

The article examines foreign assistance to Pentecostal communities in the Ukrainian SSR and the mechanisms of its criminalization by Soviet state security agencies in 1932–1935. Drawing on GPU–NKVD criminal investigation files, secret police reports, party-state documentation, personal correspondence, and memoir sources, the study reconstructs transnational channels of humanitarian support, practices of resource distribution, and the transformation of survival strategies into objects of political repression.

Particular attention is devoted to two distinct models of foreign assistance. The Odessa case demonstrates a centralized system connected to the former leadership of the All-Ukrainian Union of Christians of Evangelical Faith and transnational Pentecostal networks …

Reconstructing Legal Certainty In Legacy Oil Well Management: A Systemic Model For Resource Governance, Azhar Azhar, Bagaskara Sagita Wijaya, Siti Darwinda Mohamed Pero, Cynthia Azhara Putri

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Legacy oil wells present persistent legal and institutional challenges in resource-dependent regions, where ageing infrastructure, informal extraction, environmental risk, and fragmented public authority intersect. This article examines how legal certainty is weakened in the management of legacy oil wells and how it may be reconstructed through a systemic model for resource governance. Using interdisciplinary socio-legal research, the study combines doctrinal legal analysis of Indonesia's oil and gas regulatory framework with qualitative field insights from Musi Banyuasin, a subnational setting in which formally recognised legacy wells coexist with community-operated wells. The analysis shows that legal uncertainty does not arise merely from …

Bank Indonesia's Floating Rate Notes (Bi-Frn) And Federal Reserve Instruments: A Comparative Analysis From An Institutional-Legal Perspective, Abdul Madjid Podungge

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This paper analyses the legal validity of Bank Indonesia's Floating Rate Notes (BI-FRN) following the Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) from a public law viewpoint. Doctrinal legal research utilises statutory, conceptual, and comparative methodologies, augmented by literature network visualisation, to pinpoint structural deficiencies. The network analysis reveals a significant divide between technical financial transactions and administrative legal oversight. The findings indicate that Article 11 of the P2SK Law enforces a stringent priority clause that centres monetary policy solely on Rupiah stability. This legal barrier prohibits abuse of power by …

From Contested Rights To Perceived Threats: The Securitization Of Lgbt And Its Human Rights Implications In Indonesia, Melkias Hetharia, Basir Rohrohmana

Indonesia Law Review

Debates on LGBT rights in Indonesia have largely centred on the legal recognition of same-sex relationships and their compatibility with religion, Pancasila, and the constitutional framework. Recent developments, however, require the discussion to move beyond the question of recognition. This article examines the evolving legal and policy treatment of LGBT persons in Indonesia, particularly following Presidential Regulation No. 111 of 2025, which identifies the “spread of LGBTQ culture” as a non-military threat. Using normative legal research and securitization theory, the article analyses Indonesian constitutional principles, marriage and human rights law, relevant Constitutional Court jurisprudence, defence policy, and documented experiences of …

Ndls Communicator: Week Of 08.31.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Welcomes Visiting Faculty for the 2026–27 Academic Year
• ND Law Professor Nicole Garnett Participates in United Nations Consultation on Educational Pluralism
• Notre Dame J.S.D. Candidates Present at the World Congress of Constitutional Law and ICONS

Faculty Briefs

• Sadie Blanchard
• Randy Kozel & Tricia Bellia
• Derek Muller
• Jennifer Mason McAward
• Rick Garnett
• Dennis Wieboldt '26 J.D.
• Announcing Global Visitors
• Dr. Clara Martins-Pereira
• Prof. Paul Yowell
• Prof. Dr. Stephan Wernicke
• Dr. Róisín Costello

Events

• Faculty Colloquium: Mary Ellen O'Connell, Enduring Law for a New Era: Overcoming Political Realism and the Pursuit of Wealth
• Supreme Court …

Law Enforcement In Providing Protection For Revenge Porn Victims On Social Media, Augustha Kwanzaa Rich Samuel Simbolon, Muhammad Rivan Subarna

Jurnal Vokasi Indonesia

Revenge porn, which is the distribution of pornographic material without the victim's consent, is a serious and growing problem online. This practice is usually carried out by ex-partners in revenge, by distributing intimate images or videos of the victim to the internet. This research aims to identify the impact of revenge porn on victims, as well as assess the effectiveness of existing legal protection. The method used is a qualitative approach through literature study. The data collected includes revenge porn cases that occurred in Indonesia, as well as a review of regulations governing the protection of privacy and victims' rights. …

“When I’M Not Heard, I Feel Like I Don’T Matter”: Advancing Equity In Disability Policy Through Critical Participatory Action Research With People With Intellectual Disability, Cris Marchionne

Student Theses

People with intellectual disability deserve a system that offers flexible, timely, and person-centered support — one that is innovative, sustainable, and holistic in enabling them to live fulfilling lives. This qualitative study, grounded in Critical Participatory Action Research (CPAR), examines how people with intellectual disability experience participation in decision-making within New York State's disability service system. By centering lived experience, the study identifies factors that facilitate or hinder participation in decision-making and examines structural, social, and policy-related barriers that limit agency. Through six focus groups and a Photovoice project with self-advocates receiving OPWDD services, participants described systemic barriers that limited …

Foreword: Fifty-One Constitutions In An Evolving Federal Order, Misha Bogdanov, Olivia Christ

Northwestern University Law Review

On November 6 and 7, 2025, the Northwestern University Law Review, along with the Brennan Center for Justice and State Court Report, convened for its annual symposium, titled The Power of State Constitutional Rights. The symposium brought together judges, practitioners, and scholars to consider the substantive rights protected by state constitutions, the institutions charged with enforcing them, and the democratic processes through which state constitutional law changes. Across conversations about reproductive freedom, criminal procedure, labor, economic liberty, LGBTQ+ rights, voting, federalism, and judicial design, one proposition repeatedly, and emphatically, came into view: American constitutional law is not exhausted by the …

Textual (In)Difference In State Search-And-Seizure Provisions, Quinn Yeargain

Northwestern University Law Review

Over the past 250 years, state constitutional drafters have refined the scope of rights and liberties protected by their constitutions’ texts. Today, all state constitutions include a search-and-seizure provision—and though only a minority follow the layout, text, and context of the Fourth Amendment to the U.S. Constitution, most of them bear a striking resemblance to it. However, textual variations abound. Some of them may seem minor, like using the word “possessions” instead of “effects,” or mandating that warrants describe their intended targets “as nearly as may be” instead of requiring that they “particularly describ[e]” them. But others, like the addition …

Non-State Actors And The Due Diligence Obligation To Protect Healthcare Facilities In Cyberspace: Is The World Prepared For The Next Pandemic?, Dr. Ardit Memeti

Pace International Law Review

This article presents a novel approach by developing a lex specialis due diligence framework based on the elements identified in the ICJ Advisory Opinion on Climate Change, which by analogy, establishes sector-specific elements to protect healthcare facilities from cyberattacks by Non-State Actors (NSAs). Cyberattacks by NSAs during the COVID-19 pandemic exposed the risks, including the disruption of essential healthcare services and hindrance of positive obligations to ensure the rights to health, life, and privacy, among others. Existing instruments, including the Budapest Convention, the Tallinn Manuals, and the Oxford Statements, offer an important but incomplete framework. Meanwhile, the recent UN Convention …