Digital Commons Network^™

Bauer V. Beamon: Clothing Equitable Rescission’S Flexible Nature In A Rigid Straitjacket, Hunter Canfield

Arkansas Law Notes

Fraudulent deals, shady contracts, and questionable transactions occur daily. But when the truth is not disclosed and deceit seeps into the heart of a transaction, is there recourse for those affected? Historically, courts of equity have provided remedies where legal relief often fails. For instance, consider a home buyer who, after closing, discovers previously undisclosed toxic mold or structural defects that compromise the property’s habitability. Monetary damages alone may not truly restore the home buyer—especially if the property’s condition is so severe that the buyer would never have purchased the home had the truth been disclosed. In precisely these situations, …

Ndls Communicator: Week Of 03.23.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School to Host Second Annual Death Penalty Abolition Week, March 23-27, 2026

Student News

• Jessup International Law Moot Court Team
• Moot Court Board
• Matthew Krauter
• Oliver To, Liam Deschamps, & Clara McCormick
• Black Law Students Association

Faculty Briefs

• Patrick Corrigan & Bobby Reddy
• Sherif Girgis
• Rick Garnett
• Jimmy Gurulé
• Mary Ellen O'Connell
• Brendan Wilson & Brett Cavanaugh
• David McIlroy

ND Law in the News

• The Eviction Clinic was featured by WSBT

Events

• Law & Economics Workshop - Patrick Corrigan, Is Confidential Supervisory Information Material to Investors? Evaluating the Conflict between Banking and Securities Law …

Beyond The Loop: Accountability And The Legal Abyss Of Autonomous Weapon Systems, Ahmad Khalil, Anandha Krishna Raj S

Indonesian Journal of International Law

The emergence of autonomous weapon systems (AWS) poses unprecedented challenges to international humanitarian law (IHL), particularly in relation to criminal responsibility. This article critically examines the existing legal vacuum concerning accountability for violations committed by AWS in the context of armed conflict. By analyzing the fluid and evolving nature of military autonomy and the consequences of removing human oversight from lethal decision-making processes, the article undertakes an in-depth assessment of international criminal law (ICL) mechanisms, including direct and command responsibility. It demonstrates the inadequacy of established legal doctrines to attribute criminal liability to designers, programmers, operators, or commanders when AWS …

Ethics Of Artificial Intelligence For Lawyers: Standalone Resource: Model Policy And Training Program For Responsible Ai Use, Cliff Mckinney

Arkansas Law Notes

Every significant technological change in law, including computers, email, and online research, has required practical tools to implement ethically. Artificial intelligence is no different. This final installment of the artificial intelligence ethics series offers a “starter kit” for responsible adoption by law firms: a Model Law Firm Policy on the Responsible Use of Artificial Intelligence and a Model Training Program for Legal Professionals.

With this installment, the Ethics of Artificial Intelligence for Lawyers series comes full circle. We have moved from the first sanction cases, to the ABA’s initial guidance, to legislative and regulatory developments, and now to practical steps …

Facing The Constitution: How Facial Recognition Technology Threatens Fourth Amendment Protections And Deepens Racial Inequality, Bailey Mandell

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

It is very unlikely you have ever consented to a police lineup. Yet if you have a driver’s license or a social media account, you may already be in one. A new kind of digital lineup has emerged, one that never ends and requires neither your knowledge nor consent. Facial recognition technology (“FRT”)is a biometric identification method that creates a digital template of a person’s face using measurements such as the distance between the eyes, the width of the nose, the length of the jawline, and the shape of the cheekbones. Algorithms then compare that template either to a second …

Holding Isps Accountable? Secondary Liability And The Impact Of Cox V. Sony, Emma Steffes

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Supreme Court is currently considering a case that could significantly affect current secondary liability principles under copyright law: Cox Communications, Inc. v. Sony Music Entertainment. The case poses a deceptively simple question: asking when an internet service provider should be legally responsible for the illegal actions of its users? The answer could reshape the relationship between copyright owners, internet companies, and all online users.

Vetter V. Resnik: An International Dilemma, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Typically, copyright lawyers around the nation look to the Second Circuit, presiding over New York City, and the Ninth Circuit, similarly moderating Los Angeles, for pivotal intellectual property legal decisions. On January 12, 2026, however, the Court of Appeals for the Fifth Circuit released an opinion that has upended seemingly settled music publishing principles. Donald Passman’s textbook “All You Need to Know About the Music Business”, a source read by aspiring music industry professionals, describes termination rights as:

One of the best goodies that creators got in the 1976 Copyright Law is the right of termination. The termination provisions say …

The Supreme Court's Goldilocks: Why The Major Questions Doctrine Is The Ideal Compromise Between Two Unattractive Extremes, Bradley P. Simpson

Kentucky Law Journal

No abstract provided.

Exposing Car Dealerships' Final Hidden Sales Con: A Call For The Disclosure Of Interest Rate Markups When "Helping" Buyers With Indirect Financing, John C. Simms

Kentucky Law Journal

No abstract provided.

Congress's Mistaken Ip Power And Our Hybrid Constitutionalism, Barry P. Mcdonald

Kentucky Law Journal

No abstract provided.

A Tale Of Two Landlords, Christopher J. Ryan Jr.

Kentucky Law Journal

No abstract provided.

Impeachment Can Be Based On Non-Criminal Misconduct: Corpus-Linguistic And Historical Evidence, Clark D. Cunningham, Ute Römer-Barron

Kentucky Law Journal

No abstract provided.

Federal Prosecution In The Shadows Of Constitutional Immunity, J. Richard Broughton

Kentucky Law Journal

No abstract provided.

President Biden's Influence On The Use Of Executive Privilege, Mitchel A. Sollenberger, Mark J. Rozell

Kentucky Law Journal

No abstract provided.

Executive Immunity, Corruption, And The Rule Of Law: Death By A Thousand Cuts, Kimberly Breedon

Kentucky Law Journal

No abstract provided.

Somebody's Watching Me: Modern Abusers Use Modern Methods Of Control, Savannah Molyneaux

Kentucky Law Journal

No abstract provided.

Decolonizing The Law Of The U.S. Virgin Islands, Anthony M. Ciolli

Kentucky Law Journal

No abstract provided.

Campus Coverage: How Biden's Title Ix Regulations Threaten Free Speech, Academic Freedom, And University Liability, Alex Drury

Kentucky Law Journal

No abstract provided.

Reaching For Starz: The Negative Impact Of Creating Limitations On Damages In Timely Copyright Claims, Lindley Williams

Kentucky Law Journal

No abstract provided.

A Prosecutor’S Ethical Duty To Divert, Jordan Stevenson

Legal Writing Competition Winners

In an American courtroom, litigants are divided across an aisle, a gavel grants or divests rights, and a community takes sides. This creates a narrative of duality in the justice system, which many believe is vital to the adversarial legal system. A criminal trial is seen as perpetrator versus victim, but the legal posture is actually government versus individual. In fact, a prosecuting attorney has ethical obligations not just to victims, witnesses, and the broader community, but to defendants as well, in part due to their tremendous discretion to bring or dismiss criminal charges. A prosecutor’s power is far too …

Restricting Academic Dishonesty At A Japanese University, Joel Weinberg

Japanese Society and Culture

This research explores three approaches to handling academic dishonesty: punitive, preventive, and positive. First, the history of cheating and the punitive approach is briefly discussed. Next, research results of a preventive approach that was used at a Japanese university are given. During this research, three surveys were conducted to gauge students’ opinions about cheating, to account for the methods, and to measure the prevalence of cheating on post-reading quizzes. The survey results show that at least eleven types of cheating on post-reading quizzes were used and that non-cheating students were concerned about this issue. As a result of the surveys, …

Healthcare Decision-Making In An Ageing Society: Legal, Policy, And Ethical Challenges In Japan, Yukio Sakurai

Japanese Society and Culture

This paper examines the evolving landscape of healthcare decision-making in Japan’s rapidly ageing society, with a focus on the legal, policy, and ethical challenges it entails. It analyzes the limitations of the adult guardianship system, the risks associated with family-dependent decision-making, and the underutilization of advance care planning (ACP). The study further considers how demographic shifts, advances in medical technology, and socio-legal inertia affect end-of-life care, particularly for individuals with diminished capacity. A central theme is the inherent ethical dilemma in balancing individual autonomy with Japan's cultural context, where explicit self-assertion can be challenging, especially for older adults. Cultural dimensions …

Freedom Of Expression And The Right To Protection Against Defamation: Cf. Handling Of The Libel Of The Criminal Law And The Libel Of The Civil Law, Masumi Shizawa

Japanese Society and Culture

This study reviews natures of the Constitution, Civil Code, and Criminal Code of Japan in terms of the right to protection against defamation, and explores the foundations thereof. The point of it is to clarify the nature of the right to protection against defamation as indicated in the Constitution. 　The right to protection against defamation, along with the right to privacy, has long been recognized as a personal right. While the right to privacy relates to the private domain, the right to protection against defamation relates to one’s social reputation. The Constitution of Japan does not clearly stipulate the right …

Exploring The Definition Of Child Poverty : For Consideration Of Legal Policy, Kazuko Ikeya, Fumie Adachi, Kazutoshi Imade

Japanese Society and Culture

We explore the definition of child poverty for consideration of legal policy.

Survey of the actual situation in local governments and private organizations concerning child poverty.

① Some parents don’t know how to prioritize their spending, and there are cases where parents don’t provide for their children.

② This cannot be addressed only with financial investment.

It is inappropriate to define child poverty only by low household income. It should also be

defined as whether children are being provided for through their development.

Social Security And The International Covenant On Human Rights: A Case Seeking The Dismissal Of Public Assistance Application Denial, Hiroshi Saito

Japanese Society and Culture

Using the case of rejection of request for medical assistance made by an undocumented resident in Japan, I considered the applicability of the International Covenant on Human Rights to social security. The central issue here is whether the distinction between Japanese nationals and foreign nationals for reasons of national finances is reasonable and objective. In conclusion, determining reasonable and objective criteria requires a comprehensive approach that goes beyond legal interpretation. The process must consider broader factors, including Japan’s role in the international community and the global trend toward advancing human rights protections.

Survival Politics On A Working Waterfront: Rules Change Faster Than Prices In The South Texas Shrimp Fishery, Owen Temby, Anthony R. Lima

School of Earth, Environmental, & Marine Sciences Faculty Publications

In 2024–2025, the U.S. and Texas governments raced to save Gulf shrimp. Texas passed a truth-in labeling law for food service in restaurants. Federal agencies added antidumping and countervailing duty orders and new tariffs. This case follows Brownsville and Port Isabel, where dock prices slid while boats and crews aged. We frame the response as survival politics: urgent and improvised moves to keep a livelihood going even when imports set the price. Using legislative hearings, agency notices, local reporting, and port records, we show that rules reset faster than prices. Inventories, contracts, and supplier substitution delay any lift at the …

Law School News: Women In Law Leadership Lecture Welcomes Victims' Rights Attorney Carrie Goldberg To Roger Williams University School Of Law 3-19-2026, Mikayla Larguinha

Life of the Law School (1993- )

No abstract provided.

Inexorably Entangled Environmental And Knowledge Commons, Todd Aagaard, Brett M. Frischmann

Faculty Publications

For people to effectively share an environment, they usually also must effectively share knowledge about that environment. While seemingly obvious and intuitive, this insight is often overlooked in literature about governing resources as commons. Focusing on the knowledge commons associated with an environmental commons helps to illuminate a host of complex governance dilemmas. This chapter examines the interrelationship between environmental and knowledge commons, weaving together different strands of commons research and practice. Examples discussed include shared pastures, forests, road systems, computer servers, social media platforms, living rooms, and antimicrobial effectiveness/resistance.

Downing Spies In The Sky: Clarifying The Military’S Legal Authority To Counter Foreign Drone Surveillance On American Soil, Hannah M. Miller

DePaul Law Review

No abstract provided.

Curing Youngblood's Ills With A Transfusion From State Due Process, John J. Francis

DePaul Law Review

No abstract provided.