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A Civilization’S Soul : Positioning Architectural Works In The Argument For Greater Restrictions On Ai Training, Alexandria B. Noble

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Algorithmic Chopin—Musical Authorship In The Age Of Artificial Intelligence, Eyal Brook

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Ndls Communicator: Week Of 02.16.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School’s Religious Liberty Clinic assists in formation of new Christian school in South Bend
• Mark Rienzi Discusses Religious Liberty and the Roberts Court

Alumni News

• Where Law Led to Love: ND Law’s Class of 2008

Faculty Briefs

• Nicole Stelle Garnett
• Francisco Urbina
• Diane Desierto
• Mary Ellen O'Connell
• Patrick Corrigan
• Paul Miller
• Emily Bremer

Events

• Law & Technology Seminar: Frank Pasquale, Cornell Law School and Cornell Tech
• Law & Economics Workshop: Yehonatan Givati, Hebrew University
• Faculty Colloquium - Patrick Corrigan: The Crisis of Confidential Supervisory Information
• Faculty and Staff Birthday Celebration!
• Ash Wednesday Masses
• Bruen …

Food Councils And Federal Committees: Community Responses To Inaction On Food Insecurity By Government, Kevin O'Connell, Liam R. Rupprecht

Binghamton University Undergraduate Journal

Food insecurity is a devastating force in the United States, as shown by its destructive impact on vulnerable groups like children, racial minorities, and those in poverty. Non-white urban communities of color especially have significantly higher rates of household food insecurity due to systemic racism in American food systems. Despite the prevalence of these factors, they are consistently overlooked by public and private forces. Federal efforts have failed to resolve the issue, leaving it to local “food council” organizations that attempt to help through advocacy and charity. These groups face a difficult task: how can they work to mitigate food …

Beyond Subsidies And Mandates: Testing A Simple Behavioral Mechanism To Drive Health Insurance Coverage, Wendy Netter Epstein, Hansoo Ko, Christopher Robertson, Kevin Wilson, David Yokum

Faculty Scholarship

Uninsured individuals face reduced access to care, financial risk, and higher mortality. Although public programs and private subsidies have lowered uninsurance, these mechanisms remain incomplete and politically unstable. We evaluate whether a low-cost outreach intervention can increase health insurance enrollment without altering plan prices. Using a randomized field experiment involving 16,477 uninsured Maryland households, we assigned households to a no-contact control or to receive email and postcard outreach featuring affordability messaging alone or combined with responsibility or community framings. Outreach increased qualified health plan enrollment by 0.699 percentage points and total coverage by 0.967 percentage points relative to control. The …

Finding The Major Questions Doctrine, Chad Squitieri

Pepperdine Law Review

The major questions doctrine has been invoked primarily in the rulemaking context, where it requires agencies to identify particularly clear statutory authority before promulgating rules of “major” importance. Some scholars have suggested that the doctrine is a tool that should be limited to agency actions that are purportedly “legislative” in nature (e.g., rulemakings)—meaning the doctrine would not apply in other contexts, such as agency adjudications and enforce-ment actions that may not be similarly “legislative.” This Essay responds by arguing that the major questions doctrine is best understood as a limit on executive authority—meaning the doctrine could apply across a wider …

How Much Can A Coffee Table Really Cost You? What To Do With Websites, Testers, And Serial Filers Within The Context Of The Ada, Ava Perez Erickson

Liberty University Law Review

Differences have been used throughout history to separate that which is deemed superior from that which is inferior. Disabilities, both physical and mental, are what history has often deemed a mark of the inferior. With little rationale to explain the occurrence of many disabilities, man turned to divine punishment and quasi-scientific movements to fill the gaps and explain the existence of what was assumed to be a lesser, plighted people. Our modern nation is no different and found itself, for the better half of the 20th century, enamored by the eugenics movement, satisfied with the explanation that disabled individuals were …

Striking The Right Chord: Reframing Music Copyright Through The Lens Of The First Amendment, Arielle C. Knight

Liberty University Law Review

Music, as both artistic expression and a commercial product, occupies a unique space at the intersection of copyright law and the First Amendment. While copyright law aims to promote creativity by protecting original works, its current application to music often undermines the very innovation it seeks to encourage. Courts have recognized that some musical elements are not copyrightable because they are so inherent to music that the idea merges with its expression. However, with advancements in technology such as music streaming services and AI-created music, courts increasingly face difficulties in distinguishing between protectable musical expression and the unprotectable building blocks …

If You Want To Get Away With Indecent Exposure, Do It Online, Rebekah E. Bynum

Liberty University Law Review

If a person exposes his or her genitals to a minor in private or in public, that person would be guilty of indecent exposure. But if a person exposes his or her genitals to a minor over video chat, no harm, no foul. Similarly, if a person exposes his or her genitals to a minor via text message, there are no repercussions. Why is it that the same act—when done through a screen—functions like a loophole to a crime? The reason for this “loophole” is because of a misunderstanding of the crime of indecent exposure. The crime was developed, not …

Hungarian Steps Towards Freedom Of Contract, Tamás Gyulavári

Comparative Labor Law & Policy Journal

Since 1992, derogations have been allowed in individual agreements in favour of employees, with minor exceptions. The labour law reform of 2012 brought about the comprehensive reform of the hierarchy of labour law sources. As for individual agreements of the parties, the Labour Code retained the traditional rule of favourability, however, with a growing number and importance of exceptions allowing in peius derogations. Section II sets the scene by explaining the legal hierarchy of labour law sources, including derogations in collective agreements, agreements of the parties, and the meaning of the “more favourable rule.” Against this background, Section III delves …

The Non-Waivability Principle: Possible Derogations From Collective Bargaining And Re-Assessment Of Individual Bargaining In Assisted Procedures, Elena Gramano, Silvio Sonnati

Comparative Labor Law & Policy Journal

This article examines the evolving landscape of Italian labour law, with a focus on the principle of non-waivability and its gradual adaptation to demands for flexibility and competitiveness. Traditionally, the Italian labour law framework has been characterised by a strong non-waivability regime, which protects employees from negotiating away their rights due to inherent power imbalances vis-à-vis employers. However, recent regulatory developments have facilitated a shift towards both collective and individual agreements that allow deviations from statutory provisions, including to the detriment of employees. The article analyses the implications of this trend, exploring key regulatory models that enhance the role of …

Waiver Of Statutory Employment Rights In The United Kingdom, Hugh Collins

Comparative Labor Law & Policy Journal

The common law endorses the principle of freedom of contract, but, with few exceptions, Parliament has explicitly prevented straightforward waivers of statutory employment rights. Nevertheless, for the sake of promoting settlements of claims by employees, it is surprisingly easy for individual employees to enter into agreements to compromise claims for breach of those rights without appropriate safeguards such as independent advice and freedom from pressure. Moreover, employers’ lawyers have demonstrated considerable ingenuity in finding ways to avoid the application of employment rights either by manipulations of employment status or by seeking contractual agreements on the facts of the case that …

Derogability From Swedish Statutory Labour Law, Birgitta Nyström

Comparative Labor Law & Policy Journal

The possibility for the social partners to derogate from statutory legislation in the area of labour and employment law is an important characteristic of the so-called “Swedish model” for industrial relations and labour market regulation. With a system built on collective bargaining and collective agreements, and where legislation in the labour law area was rather scarce until the 1970s, freedom for the social partners is a core element. The possibility to derogate from certain parts of statutory labour law by collective agreements also gives room to adapt rules for different kinds of businesses and trades. Sweden is a member of …

Social Media’S Death Toll: Who Should Be Held Liable?, Sara Fradi

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Communicative Legitimacy: The Supreme Court's Hidden Cultural Binaries In The U.S. Civil Sphere, Steven Arrigg Koh

Faculty Scholarship

How does the U.S. Supreme Court establish its legitimacy? Over the last two hundred years in U.S. society, the Court has interpreted the U.S. Constitution on watershed issues such as slavery, segregation, and marriage equality. And yet the Constitution is just 7,591 words. A puzzle thus emerges: how does the Court intelligibly interpret this short text for U.S. society? This article develops a new theoretical and empirical cultural sociological account of such Supreme Court decision-making, which it calls “communicative legitimacy.” According to this theory, which draws on Jeffrey Alexander’s civil sphere theory, the Court consistently and inevitably draws on a …

Weather As A Weapon Of War: The Legality Of Cloud Seeding Under International Humanitarian Law, Fatemah Albader

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

The Double-Edged Sword Of Ai In Elections: Navigating Risks And Opportunities In Washington State, Payvand Khastkhodaei

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Mmu: 02/16/26-02/22/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

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General Announcements

Transformative Technology And Shortening The Statute Of Limitations Applicable To Taxpayers, Jay A. Soled, Leslie Book

Faculty Publications

When it comes to submitting tax returns and paying taxes, most taxpayers understand the nature of their civic duties and do so dutifully, if not willingly. However, many taxpayers fail to grasp why the IRS has such an elongated time period—namely, three years— to audit their tax returns and propose an assessment. Indeed, when the IRS exercises its oversight authority, records may no longer be available, and memories may be dulled.

Since the original institution of the three-year tax assessment limitations period nearly a century ago, tremendous technological strides have been made. Indeed, over ninety percent of income tax returns …

Recent Developments, Steven H. Jacobs

Arkansas Law Review

Recent Developments in Arkansas Law

Disconnected Connection, Dyane L. O'Leary

Arkansas Law Review

Lawyering is a human experience in a digital world. Lawyers have long derived pride from labels like personal counselor, trusted advisor, and steady confidant. Sure, sometimes a productized legal service or one-off Turbo-Tax-style filing is all a client needs. But it’s still a people profession, the lifeblood of which is connection with others: clients, colleagues, witnesses, and countless more. Calls for attention to lawyers’ so-called “soft” skills have grown louder in recent years, tagged with descriptors like “people” or “business” or “professional” skills. Modern communication tools facilitate connection and relationship building like never before. But that which connects us threatens …

Arkansas Law Review - Volume 78 Issue 4, Journal Editors

Arkansas Law Review

No abstract provided.

What Are The Factors Affecting The Financial Sustainability Of Social Enterprises In Egypt?, Mina Atta Ghaly

Theses and Dissertations

This thesis investigates what factors affect the financial sustainability of social enterprises (SEs) in Egypt, situating them within a constrained MSME, legal and sectoral context marked by informality, weak innovation and recurrent shocks. Drawing on global and Egyptian literature, it identifies ten candidate factors—business model, financial management, founders’ skills and mindset, revenue structure, sector and mission, legal framework and innovative finance, capacity building, investment mechanisms and “the right investor”, adaptability to shocks, and ecosystem conditions—and integrates them into an extended Social Enterprise Model Canvas. Using a qualitative, exploratory design with semi‑structured interviews of social enterprise founders, incubators/accelerators, investors and experts, …

Navigating Radical Indeterminacy In The Struggle For A Global Collective Consciousness: The Question Of Eco-Justice And Law Or Universalize The Pluriverse: A Manifesto, More Or Less, Omar Auf

Theses and Dissertations

The processes of interpretation, communication, and re-interpretation leads to the emergence of an approximated collective consciousness, for which it may be struggled and contested by hegemonic. The dominant forces of this contest, capitalism and nationalism, lead to an interdivided world: one that possesses the tools to empathize with each other but is instead leading people to keep their heads down and focus on surviving their own contexts, perceived as existing within different historical times on the same timeline. This leads to legal and justice systems that fail their claim to universality and/or impartiality. Incorporating an ecological lens to justice within …

Under The Guardianship: Experiences Of Mothers In Egypt’S El Nayaba El Hesbaya, Hana Khayry

Theses and Dissertations

This thesis explores the intersectional lived experience of El Nayaba El Hesbaya in Egypt. El Nayaba El Hesbaya, operating under Law 119/1952, is the administrative and judicial body responsible for overseeing the financial and legal affairs of minors whose father or mother had passed. Hundreds of thousands of mothers in Egypt have (had) children under the guardianship of El Nayaba El Hesbaya. This research delves into the experience of mothers whose children are or were under the guardianship of El Nayaba El Hesbaya, examining how it shape(s/d) their everyday life as women, mothers, widows or ex-wives, citizens, and legal subjects. …

The Mind Has A Firewall: An Attempt To Preserve Human Mind Integrity., Sayed G. Batran

Theses and Dissertations

This thesis argues for the recognition of mind integrity as a distinct human right. It contends that existing protections, such as bodily integrity, privacy, and freedom of thought, are no longer sufficient to shield an individual’s mental domain from new forms of external interference enabled by neurotechnology, artificial intelligence, and pervasive data-driven systems. Mind integrity is defined as the right to govern one’s own mental life—to form, revise, and hold thoughts, beliefs, and desires based on reasons one endorses—free from significant, non-consensual interference or manipulation, regardless of the method used. The thesis first identifies concrete risks and regulatory vacuums by …

How The Rhetoric Of Borders Justifies The Erosion Of Rights, Richard Sherwin

Other Publications

No abstract provided.

Copyright Extraterritoriality, Timothy R. Holbrook

San Diego Law Review

The presumption against extraterritoriality is a fundamental principle of U.S. law, yet its application to copyright law remains unsettled.  In recent years, the Supreme Court has formalized a two-step methodology for assessing the extraterritorial scope of federal statutes, culminating in RJR Nabisco, Inc. v. European Community.  Despite this doctrinal shift, lower courts have inconsistently applied this framework to copyright infringement cases.  In an age of digital streaming and generative AI using training data globally, this state of affairs is unsatisfactory.  This Article examines the evolving state of copyright extraterritoriality in light of the Supreme Court’s recent jurisprudence.  It explores …

Expanding Access To Justice Through Legal Tech Innovation And Education: Aals Panel Discussions, Miguel Willis, April Dawson, Antonio Coronado, Diego Alcalá Laboy, Mark Williams, Margaret Hagan, Leighanne Thompson, Drew Amerson, Dan Jackson, Andrew Perlman

Seattle University Law Review Online

The 2025 AALS Annual Meeting featured a half-day AALS Symposium entitled, “Expanding Access to Justice Through Legal Tech Innovation and Education." Panel One was moderated by Miguel Willis and featured three panelists: April Dawson, Antonio Coronado, and Diego Alcalá Laboy. Panel Two was moderated by Mark Williams and featured two panelists: Margaret Hagan and LeighAnne Thompson. Panel Three was moderated by LeighAnne Thompson and featured four panelists: Drew Amerson, Dan Jackson, Andrew Perlman, and Miguel Willis. This article features transcripts from all three panels, edited for clarity and readability.

Adversaries And Experts: Legal Tradition Versus Empirical Science, André M. Peñalver

Seattle University Law Review Online

The modern courtroom can become a battleground between two epistemologies: the adversarial logic of law and the empirical rigor of science. Using a case involving a neuropsychological exam under Washington Civil Rule 35, this Article explores the tension between these traditions. While medicine embraced the Scientific Revolution, law remains tethered to its medieval Scholastic roots. The Article argues for humility and integration of evidence-based reasoning within the adversarial process.