Digital Commons Network^™

Green Rules, Fragmented Fields: Member-State Approaches To Sustainability In Eu Competition Law, Niccolò Galli, Armando Santoni

Yearbook of Antitrust and Regulatory Studies

This article provides a comparative, normative-evaluative examination of how sustainability is being incorporated into European competition law. Combining doctrinal legal analysis with economic reasoning, it clarifies competing definitions of sustainability, maps the contest between the consumer-welfare paradigm and sustainability proponents, and evaluates the legal and institutional implications of the Commission’s 2023 Horizontal Cooperation Guidelines. Drawing on national initiatives across Member States plus the UK, the study highlights contrasting instruments, from Austria’s statutory environmental exemption to the Dutch soft-law safe harbour and Greece’s experimental sustainability sandbox, and shows how these divergent approaches produce fragmentation and legal uncertainty for cross-border cooperative initiatives. …

Ndls Communicator: Week Of 02.02.26, Notre Dame Law School

NDLS Communicator

The Latest News

• 2026 Galilee Immersion Program: Exposing First-Year Law Students to the Impact of Public Interest Law
• Professor Jeffrey Pojanowski Named Inaugural Sydney Public Law Visiting Fellow

Student News

• The Office of the United Nations High Commissioner for Human Rights (OHCHR)’s Knowledge Hub for Economic, Social and Cultural Rights has published a new issue brief co-produced with the Notre Dame Global Human Rights Clinic. Student researchers and drafters from the Clinic worked closely with Professor Diane Desierto and research associate Faisal Yamil Meneses in contributing to the brief.

Faculty Briefs

• A.J. Bellia
• Michael Addo
• Fr. John Paul Kiimes
• Nicole …

Towards Customizing Principled Negotiation Based On Culture: A Differentiated Approach, Monique Carels, Yannic Anthony Ratt

Journal of Dispute Resolution

Negotiation is a common part of our lives. We often negotiate with our spouses about the monthly budget, with our children to complete chores or homework, and when trying to get a better deal on a pre-owned vehicle. The negotiation process encompasses various aspects that are carried out differently and are influenced by culture. Thus, negotiation becomes intercultural when it involves at least two parties from different cultural backgrounds trying to agree on mutual interests

A ‘Digital Dominion’: Launching The Commonwealth Model Law On Digital Trade, Craig Atkinson

Centre for Digital Law

A legislative text published for the benefit of its 56 member countries, the Commonwealth of Nations officially adopted the Model Law on Digital Trade (MLDT) in September 2025. The Commonwealth MLDT addresses a persistent barrier to digital trade (i.e., all trade that is digitally ordered and/or digitally delivered): the laws of many jurisdictions do not sufficiently recognise the legal requirements of electronic commerce (e-commerce) and continue to emphasise paper-bases for commercial communications and transactions in domestic and cross-border contexts.

Deepfake Liability, Ayelet Gordon-Tapiero, Yotam Kaplan, Gideon Parchomovsky

North Carolina Law Review

No abstract provided.

International Arbitration & Artificial Intelligence: Opportunities,Challenges,And Evolving Regulations, Martínez Quintanilla, Javier Antonio

Santa Clara Journal of International Law

This paper provides a comprehensive analysis of the regulatory framework; the opportunities and the challenges associated with the use of artificial intelligence in international arbitration. First, it addresses relevant regulatory instruments such as the Guideline on the Use of AI in Arbitration of the Chartered Institute of Arbitrators (CIARB); the Guidelines on the Use of Artificial Intelligence in Arbitration of the Silicon Valley Arbitration and Mediation Center (SVAMC); the Principles Supporting the Use of AI in Alternative Dispute Resolution of the International Centre for Dispute Resolution(ICDR); the European Union Artificial Intelligence Act; and the New Task Force on AI in …

Anatomy Of A Shakedown: The Carried Interest Case, Charlene Luke

UF Law Faculty Publications

A review of Edward J. McCaffery & Darryll K. Jones, The Curiouser and Curiouser Case of Carried Interests, 66 Ariz. L. Rev. 357 (2024).

The Free Exercise Of Religion As A Privilege, Kyron Huigens

Georgia State University Law Review

In the span of a decade, the Supreme Court has restructured the Free Exercise Clause entirely. It has removed the counterweight of disestablishment; it has sought parity between religion and secularity by means of strict scrutiny analysis turning on a principle of nondiscrimination; and it has opened the way to a general exemption from secular law for the faithful by ceding the question of what counts as an exercise of religion to the faithful themselves. This Article proposes reading the free exercise of religion as a privilege in response to these changes. This privilege stands against secular law in the …

Masthead

UC Law Journal

No abstract provided.

Civil Litigation In The Nineteenth Century Landraad Of The Former Dutch East-Indies (Indonesia): Simplification Aimed At Access To Justice?, Cornelis H. Van Rhee

UC Law Journal

No abstract provided.

Winnowing The Wheat From The Chaff: The Continuing Controversy Over Article Iii Standing And The Certification Of Rule 23(B)(3) Damages Classes Containing "Uninjured" Members, William G. Beatty

William & Mary Business Law Review

The controversy surrounding the inclusion of uninjured class members in Rule 23(b)(3) damages classes has deeply divided the federal circuit courts of appeals and continues to do so. This Article explores the constitutional roots of the issue, beginning with the foundational element of Article III standing, and discusses the question of how many uninjured members, if any, Rule 23 permits in a class seeking certification before problems with commonality and predominance arise.

The Article discusses the details of the Laboratory Corp. of America v. Davis case (LabCorp), which, in the spring of 2025, presented the Supreme Court with …

Regulating Foreign Political Advocacy, John J. Martin

North Carolina Law Review

No abstract provided.

The Poly Problem In Zoning: Redefining "Family" For A Changing Society, Aric K. Short, Tanya Pierce

Faculty Scholarship

Single-family zoning has long dictated not only where people may live but also with whom. Although extensively critiqued for perpetuating racial and economic exclusion, these laws also privilege relationships defined by blood, marriage, or adoption and marginalize nontraditional families. This Article focuses on a particularly overlooked group: polyamorous families who often face legal uncertainty, social exclusion, and housing discrimination due to restrictive zoning definitions of “family.”

As polyamory gains cultural visibility and increasing legal recognition—through West 49th Street, LLC v. O’Neill and municipal reforms in cities like Somerville and Cambridge—now is the time to examine zoningÊs role in reinforcing outdated …

Transforming Blood Management Systems In Developing Countries Through Technological And Artificial Intelligence-Driven Innovations, Sandeep Bhargava, Shaun Aaron Abram, Srividhya Ragavan

Faculty Scholarship

It is critical to ensure the safe and quality supply of blood among various stakeholders; however, this remains a significant challenge in today’s world, especially in developing countries. These countries face severe problems, including blood shortages, fragmented regulatory frameworks, and inconsistent quality control measures. To tackle these challenges, countries like India are trying to implement the use of artificial intelligence (AI) and its derivative platforms to transform blood collection, testing, storage, and distribution by enabling interoperability, real-time compliance monitoring, automated donor screening, optimized inventory management, and advanced component separation. The article argues that developing countries must adopt both regulatory reform …

Cybersecurity Risk Shifting, Deborah R. Farringer

Vanderbilt Journal of Entertainment & Technology Law

The Change Healthcare cyberattack of 2024 paralyzed the health care system for months, creating an exceedingly far reaching and devastating impact on providers, suppliers, and patients across the country. While the scope of the attack was unprecedented, the cyberattack itself was not new, unique, or isolated. Indeed, this attack came just months after the close of a year in which the United States’ Department of Health and Human Services’ Office for Civil Rights (OCR) recorded the highest number of reported breaches of protected health information and the highest number of breached records. With a medical record fetching nearly four times …

Transforming Indigent Appellate Advocacy, Rachel T. Goldberg, Estelle M. Mckee

Cornell Law Faculty Publications

Indigent appellate advocacy has long been confined to a narrow, technocratic model—one that prioritizes legal expertise over client autonomy and treats appellate cases solely as isolated legal battles rather than opportunities for systemic change. Unlike their trial-level counterparts, appellate attorneys representing indigent clients have received little scholarly attention, leaving critical questions about client participation, ethical representation, and social justice largely unexplored.

This Article challenges the status quo, arguing that appellate attorneys should rethink their role in ways that empower clients and confront the broader injustices shaping their cases. We introduce two alternative frameworks—client-centered appellate representation and participatory appellate representation—that draw …

“Take A Seat”: Overcoming The Enforceability Challenges Of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel

Journal of Dispute Resolution

This essay addresses the recent phenomenon of Crowdsourced Blockchain Arbitration (CBA). Within the landscape of new digital dispute resolution tools, I argue that CBA stands out as a cost-effective adjudicative dispute resolution forum for online consumer disputes. I then provide an overview of existing CBA platforms and address the question to what extent CBA constitutes a form of arbitration. Only if it does can CBA arbitration agreements and arbitration awards be enforced domestically and internationally under the New York Convention of 1958. I demonstrate that while CBA proceedings correspond to a conceptual understanding of arbitration, they fall outside the international …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Crypto-Influencer Liability, Nicole Pecharsky, Moin A. Yahya

William & Mary Business Law Review

The growth of celebrities endorsing cryptocurrencies over the past few years has resulted in many lawsuits and regulatory actions against them. This Article examines some of these recent actions using Google Trends as well as insights from scholarly marketing literature. We suggest that while celebrities can have an influence on the public in terms of searches and interest in cryptocurrencies, such influence is more nuanced. The impact of celebrity endorsements depends on how the public perceives the celebrity both in terms of their fame and their expertise. As such, any legal or regulatory actions will have to account for these …

Law Library Blog (February 2026): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Originalism, Official History, And Perspectives Versus Methodologies, Keith N. Hylton

Faculty Scholarship

This paper addresses a well-worn topic: originalism, the theory that judges should interpret the U.S. Constitution in a manner consistent with the intent of its framers. I am interested in the real-world effects of originalism. The primary effect advanced by originalists is the tendency of the approach to constrain the discretion of judges. However, I identify another effect of originalism: the creation of official histories, a practice that imposes a hidden tax on society. Another question I consider is whether originalism should be considered a methodology of analyzing the law or a perspective on the law; I argue that originalism …

From Ancient Practices To Modern Law: The Evolution Of Mediation, Shannon Hoggatt

Journal of Dispute Resolution

From property disputes in ancient Sumer to complex corporate conflicts in modern America, mediation has long served as a vital tool for resolving disputes without resorting to formal adjudication. Defined as “a process in which an impartial third party helps others resolve a dispute or plan a transaction,” mediation has been used to settle disputes since as early as 4500-1900 B.C.E. Over millennia, mediation has evolved in response to cultural, legal, and technological shifts, reflecting the diverse values and priorities of the societies that employed it.

Topple Headfirst Into The Dark: Restorative Justice In Missouri And Hope For The Future, Emma Donaldson

Journal of Dispute Resolution

Imagine you are not reading this article. Instead, you are walking back home from dinner with your friends. As you walk down the street, someone comes up behind you and demands you hand them your money. You turn around to give them all the money you have, only to lock eyes with the barrel of a gun. What are you feeling in this moment? A little bit of rage perhaps. Maybe your hands have started shaking. Or, just maybe, you are feeling a little defiant. But before you can even react, a police officer is running down the street, yelling …

Resolving Ranks: The Role Of Adr In Military Justice, Dane Puckett

Journal of Dispute Resolution

The United States (U.S.) Armed Forces is composed of seven military branches: Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, and Space Force. Each military branch has an alternative dispute resolution (“ADR”) program. These programs use a collection of techniques, generally informal and collaborative in nature, to resolve disputes as a substitute for litigation. The characteristics of ADR proceedings tend to produce quicker, less expensive outcomes compared to litigation. This very reason is why Congress enacted the Administrative Dispute Resolution Act (“ADRA”) of 1996, directing federal agencies to establish ADR policies and programs.

Legislative Update, Steven Flanders, Brianna Ford Imm, Anna Miller, Katie Taafe

Journal of Dispute Resolution

The Legislative Update tracks legislation related to alternative dispute resolution proposed and enacted in state legislatures nationwide. Under the guidance of the Associate Editor-in-Chief, Associate Members of the Journal of Dispute Resolution prepared this update. It includes articles examining specific bills and broader legislative trends across various states that the authors found particularly significant and impactful.

Richard Marcus, Master Of Rules, Elizabeth J. Cabraser

UC Law Journal

No abstract provided.

Masthead

UC Law Journal

No abstract provided.

A Case Against Mass Deportation: The Japanese American Internment Camps And Recent Treatment Of Korematsu, Isaac Bloch

UC Law Journal

The large-scale deportation of non-citizens has become a preeminent policy issue. Unfortunately, executive curtailment of immigrant communities’ liberty is not without historical parallels. During World War II, federal officials sent individuals of Japanese descent to internment camps through a series of executive orders and military proclamations. Although attorneys in the Department of Justice believed aspects of these actions were unconstitutional at the time, the administration prevailed at the nation’s highest court. Can recognition of this past wrong aid challenges to contemporary immigration enforcement regimes? How do our courts formally account for the most egregious jurisprudential errors of the past, and …

Recommendations For Developing A Regulatory Sandbox And A Comprehensive Legal Framework For Fintech In Vietnam - Part I, Sue M. Altmeyer, Phan Dang Hai

Akron Law Faculty Publications

Fintech, a product of the 4.0 revolution, has experienced rapid growth in Vietnam, attracting significant attention from investors and government agencies. In encouraging innovation, the authors write, the need for a practical legal framework to regulate fintech activities has become a critical issue. The authors believe that this new legal framework should include a regulatory sandbox, which would allow fintech startups to test their products in a controlled environment, helping to mitigate risks, foster creativity, and enhance regulatory oversight. This two-part article discusses challenges in creating and implementing a regulatory sandbox and provides recommendations for overcoming these hurdles. This first …

Medical Device Dangers: Choosing Ignorance In The Courts And At The Fda, George Horvath

William & Mary Law Review

Medical devices save lives and improve well-being but have caused as many as 83,000 deaths and 1.7 million injuries in a recent decade. Decisions of critical importance—patients’ decisions whether to have a device implanted, doctors’ decisions about which device to use, insurers’ decisions whether to reimburse for those devices—depend on information about risk that is provided by manufacturers. But producing this information is costly. Injured patients, through private lawsuits under state products liability theories, can incentivize device manufacturers to incur these costs and to produce and disclose information about device risk. Unfortunately, courts are making it increasingly unlikely that this …