Digital Commons Network^™

Realizing The World Health Organization’S Constitutional Mission: Equitably And Everywhere, Sam Halabi, Lawrence Gostin

University of Chicago Legal Forum

COVID-19 revealed deeply embedded inequalities in countries’ capacity to respond to public health disasters. From 2020 to 2024, the content and scope of international health law expanded to address these deep inequities, including a new pandemic agreement and significant changes to the International Health Regulations (IHR). Recent moves by the Trump Administration leveled significant losses on this new global health law infrastructure. At the heart of this infrastructure is the World Health Organization (WHO)—the UN’s specialized agency, which for 77 years has led the world toward realizing the human right to the highest attainable standard of mental and physical health. …

Crisis And The Constitution: The Role Of Civil Liberties In Times Of National Security Threat, Michele Goodwin, Allison M. Whelan

University of Chicago Legal Forum

In this Article, we contribute to the unfolding debate around civil liberties and civil rights in times of political, cultural, and health crises. As this Article was drafted, the National Guard was deployed in Los Angeles, California and Washington, D.C. by the President of the United States. In Oregon, a federal judge issued a final order barring the Trump administration from deploying troops to Portland. These events renew questions related to federalism, states’ rights, individual civil rights, and civil liberties. As chaos unfolds, what is the rule of law and role of civil liberties in times of real or purported …

A Continuum Of Responsibility: An Examination Of The Human Right To A Healthy Environment Of Present And Future Generations, Sarah Dávila A.

University of Chicago Legal Forum

Youth-led advocacy has been at the forefront of the protection of the right to a healthy environment in the face of a triple planetary crisis: loss of biodiversity, environmental degradation, and climate change. Globally, youth have called upon international bodies to provide guidance as to how States and private actors can be held accountable for human right violations. They have demanded that States protect not merely the human rights of present generations, but those of future generations. This Article explores recent developments in international human rights law, including the recent Committee on the Rights of the Child General Comment No. …

Of Blood And The Buddha: A Nichiren Primer On Counseling Clients, John W. Teeter Jr.

Florida Journal of International Law

Should you pray when you bleed? More specifically, should a Buddhist woman refrain from chanting and reciting from the Lotus Sutra during her menstrual cycle? This was the query fielded by the fiery prophet Nichiren in 1264 in Kamakura, Japan. Nichiren's response, however, is far more than a doctrinal resolution of an esoteric theological uncertainty. To the contrary, Nichiren's advice is a model of analysis, common sense, and compassion that today's attorneys would be wise to emulate. As set forth below, Nichiren's cautious, sensitive, and pragmatic approach provides an enlightened template on how we can best counsel our clients in …

Due Process In The Brazilian Presidential Impeachment, Ricardo Perlingeiro

Florida Journal of International Law

This Essay discusses the applicability of the U.S. notion of procedural due process of law to the presidential impeachment process within the Brazilian Constitution. It takes a critical approach based on the Inter-American system of human rights protection and includes a comparison with the European human rights model. The analysis is illustrated by means of the Brazilian Federal Senate's impeachment of Dilma Rousseff on August 31, 2016 on charges of having "opened additional lines of credit by presidential decrees, without the authorization of the National Congress," and "(illegally) entering into loan transactions." As a result, the ex-President Rousseff was removed …

From Reform To Reality: Assessing The Impact Of The Revised Common Rule On Informed Consent, Christopher R. Trudeau

Journal of Health Care Law and Policy

No abstract provided.

“I Like My Eighteenth Century Fresh”: Geofence Warrants, General Warrants, And The Evolving Fourth Amendment, Alexa M. Mascaró

University of Miami Law Review

Almost 250 years ago, our Founding Fathers fought to create a nation free from the confines of British imperial rule. Outrage over governmental intrusions enabled by suspicionless general warrants and writs of assistance galvanized an American polity determined to prevent the abuses that had come to define colonial life. The Fourth Amendment was enacted as a response to executive overreach, and it was deeply informed by the fraught history that led to its adoption—a history that is still used by courts today to define constitutional protections.

In the digital age, the rapid speed of technological innovation has created a precarious …

Beyond The Genius Act: Regulatory Gaps And Operational Challenges In Stablecoin Adoption, David Krause

University of Miami Law Review

The enactment of the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act in July 2025 represents a pivotal shift in the digital asset landscape, providing a federal framework for payment stablecoins and addressing critical issues of transparency and reserve backing. However, this Article argues that the GENIUS Act addresses only a subset of the systemic inefficiencies hindering the transition of stablecoins from speculative instruments to institutional-grade financial tools. Through an analysis of current market data and regulatory gaps, this Article identifies four persistent challenges: fragmented liquidity across geographic corridors, practical spendability constraints rooted in tax and accounting treatment, …

Adaptable Ai Apprentices: Law Practice Sidekicks, Henry H. Perritt, Jr.

University of Miami Law Review

Two case studies involving motorcycle-accident negligence and administrative law in the context of drone regulation violations explore the transformative potential of generative AI in legal practice. Four AI engines—DeepSeek, Claude, ChatGPT, and Grok—were asked to analyze transcripts of client interviews by identifying legal claims and assessing their strengths and weaknesses.

The results demonstrate that current AI technology effectively processes natural-language client interviews, identifies viable legal theories, and assesses claim strengths and weaknesses in both tort and administrative law contexts. The AI systems demonstrated proficiency in parsing legal theories and citing relevant statutes and administrative regulations, though case citations were frequently …

The Comstock Act: Will The First Amendment Finally Bury This Zombie Law’S Speech Restrictions?, Morgan Garces

University of Miami Law Review

The Comstock Act of 1873 is a federal anti-obscenity law that, along with lascivious and filthy literature, explicitly restricts the sending of anything that can be used to procure an abortion—including writing. However, since the decision of Roe v. Wade, the law’s abortion-speech provisions had been considered long-dead—although never officially being overturned. Now that Dobbs v. Jackson Women’s Health Organization has rescinded the right to an abortion, the law appears to be reaching out from its grave. Anti-abortion activists are currently looking to the Comstock Act as a federal abortion ban already on the books because of its ban …

Volume 16 Issue 1 – Full Issue

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Question Of “Territory” In The Wto Jurisprudence: A Critique Of Panel's Decision On Us-Origin Marking Requirement Dispute, Yuanyuan Ren

Notre Dame Journal of International & Comparative Law

This article draws on the US—Origin Marking Requirement case study to critically examine the concept of “territory” under the World Trade Organization (WTO) law, particularly in relation to trade with contested territories among WTO members. It argues that while trade with contentious territories is not explicitly covered in current WTO rules, WTO law does provide a regulatory framework for tackling such issues. Nevertheless, resolving trade disputes involving contested territories at the WTO remains challenging, particularly due to the limited discussion on the notion of “territory” and the national security exceptions in WTO jurisprudence. The US—Origin Marking Requirement case marks the …

Federalism, Treaty Norms, And The U.N. Report On American Education, Jorge Barrera-Rojas

Notre Dame Journal of International & Comparative Law

United Nations Special Rapporteurs assess national compliance with international human rights obligations, including educational rights articulated in treaties such as the International Covenant on Economic, Social, and Cultural Rights ("ICESCR"). These evaluations typically involve treaty-bound states with explicit international commitments. However, the applicability of such assessments is less straightforward in non-ratifying federal states, such as the US, which rely on diverse state-level constitutional provisions rather than federal treaty obligations.

This Article critically examines the 2025 Report of the Special Rapporteur on the Right to Education, following the Rapporteur's first official visit specifically addressing U.S. K-12 education policy. The analysis identifies …

Full Issue

BYU Law Review

No abstract provided.

Queer Of Color Critique And The Politics Of Epistemic Agency: Rural Educators Desettling Curricular Expectations, C.A. Langerud, Madelaine Adelman, Daniel D. Liou

Journal of Queer and Trans Studies in Education

The purpose of this research is to use queer of color critique (QOCC) as an analytical framework to explore rural K-12 educators’ epistemic agency. The research focuses on educators’ engagement with a national initiative by an advocacy organization to distribute LGBTQ+ and racially diverse books to K-12 schools. The analysis centers on the educators’ praxis of epistemic agency against settled expectations associated with including queer and trans People of Color’s (QTPOC’s) stories in their schools. Our findings on educators’ epistemic agency center on three areas of knowledge and activity. First, educators demonstrate their ability to be aware of their local …

Replay Review: The Case For Federal Baseball And The Case For Overturning It, Rebekah Ansbro

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Using Westlaw And Lexis: The Many Ways In, Joshua Levine

Library Staff Online Writings

Researching the law depends on finding connections between information. No case or statute exists in a vacuum. The primary advantage of using Westlaw and Lexis is that they point out, on a high level, the connections between individual resources. It is disappointing how often students use natural language search terms or basic AI queries to find all their answers. Within the limitations of class time, it is essential to teach our students as much as possible how pieces of information are connected on these platforms.

Coming Disruptions In Corporate Law, Douglas Sarro, Edward J. Waitzer

All Papers

Corporate law’s dynamism precludes bold predictions about its future. Instead, we set out to highlight principles relevant to its trajectory and frame looming, unresolved issues. In that vein, artificial intelligence and other digital technologies raise considerable new opportunities for directors to enhance their oversight and for shareholders to be better informed and make more meaningful use of their governance rights. At the same time, the potential for wide-scale automation of corporate activities via these technologies amplifies corporate power and resulting risks of harm, adding new urgency to past prescriptions for rethinking the relationship between corporate and other areas of law …

Challenging The Raid Boss: Antitrust In Esports, Mason Cole

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Ndls Communicator: Week Of 01.20.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Exoneration Justice Clinic Notches Third Victory in 15 Months
• Notre Dame Law Professors Share Expertise at 2026 Association of American Law Schools Annual Meeting

Student News

• J.S.D. candidate Juan Carlos Gazmuri

Faculty Briefs

• Christine Venter
• Paul Miller
• Patrick Corrigan
• Rick Garnett
• Diane Desierto
• Mary Ellen O'Connell
• Derek Muller

Events

• Faculty Colloquium - Randy Kozel
• Faculty and Staff Birthday Celebration
• Sadie Blanchard's Private Law Workshop

Around the Watercooler

• Justin Gonzalez joined the Law School as the new Associate Director of Operations and Finance
• Walk the Walk Week

Staff Spot Awards

• Accepting nominations

Brief Of Amici Curiae The Notre Dame Law Education Project And Utah Education Fits All In Support Of Appellants, Tyler R. Green, Nicole Stelle Garnett

Court Briefs

No. 20250512-SC
Derek Brown, Attorney General v. Kevin Labresh

From the Argument

No one doubts the significant public interest in K-12 education. Brown v. Board of Education, 347 U.S. 483, 493 (1954) (“[E]ducation is perhaps the most important function of state and local governments.”). And, for centuries, the critical responsibility for educating young people has been borne in significant part by private schools. Indeed, for many decades, private schools were essentially the only source of childhood education in the United States. It is a role those schools served—and continue to serve—well. While in Utah, as elsewhere, public schools are …

Marketing, Advertising Ethics And Consumer Criminal Law, Mohamed Jaouhar

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

This paper examines advertising as a central marketing tool and evaluates ethical and criminal-law constraints intended to protect consumers. It discusses misleading and aggressive advertising practices and the role of criminal enforcement in promoting fair market communication.

Moroccan Trademark Law, Nadia Azddou

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

The origin of the trademarks protection goes back to the antiquity. But the proclamation of the system of freedom of trade and industry and with the advent of mechanization and the considerable development of the industry of the nineteenth century, the trademarks protection appeared in its modern sense. This movement initiated an international dynamic of harmonization and conventions, and Morocco adhered to most of these treaties. The aim of this study is to review the legislative evolution of trademark protection in Morocco and to highlight the main contributions of Moroccan law, as well as its remaining shortcomings and possible corrective …

Vol. 70, No. 2 (January 19, 2026)

Indiana Law Annotated

No abstract provided.

Ethics Of Artificial Intelligence For Lawyers: I’M Sorry Dave, I’M Afraid I Can’T Do That: Competence, Confidentiality, And Communication, Cliff Mckinney

Arkansas Law Notes

In Stanley Kubrick’s 2001: A Space Odyssey, the spaceship’s onboard computer, HAL, calmly refuses to follow the astronaut’s command with the chilling words, “I’m sorry, Dave, I’m afraid I can’t do that.” HAL’s response has become a cultural shorthand for what happens when human expectations collide with machine limitations. The line endures because it captures the chilling reality that machines may appear capable, but they cannot always be trusted to act in ways humans expect or need.

This installment explores three pillars of Formal Opinion 512: competence, confidentiality, and communication. These pillars focus on what lawyers need to understand about …

Roads To Regulation: A Discussion On Non-State Armed Groups' International Health Law Obligations, Eric Fogle

Journal of Law and Health

Non-state actors can look and operate like governments, yet without formal statehood, they exist in a regulatory gray area. Non state actors play an increasingly influential role in international law, yet they remain largely unregulated. This paper examines non-state actors as a class, with particular attention to non-State armed groups (NSAGs), and analyzes the regulatory gap they occupy specifically within international health law. The paper first surveys the rise, diversity, authority, and legitimacy of non-state actors in relation to States, highlighting their growing involvement in governance functions traditionally reserved for States. This paper then introduces the World Health Organization (WHO) …

Law Schools Should Teach How To Integrate Ai Tools Into Practice, Robert A. Mackenzie, David J. Reiss

Cornell Law Faculty Publications

Now that artificial intelligence tools for lawyers are widely available, we decided to integrate them for a semester in our Entrepreneurship Clinic. We have some important takeaways for legal education in general and the transactional practice of law in particular.

First, employers and educators need to account for law students who already are using AI tools in their legal work and guide new lawyers about how to use such tools appropriately.

Second, different AI products lead to wildly different results. Just demonstrating this to law students is very valuable, as it dispels the notion that AI responses can replace their …

Volume 14 Masthead

American Indian Law Journal

No abstract provided.

Algorithmic Editors: Section 230, Big Tech, And The Need For Clarity, Richard Gruters

Seton Hall Law Review

No abstract provided.

Light On The Scale, Heavy On The Problems: How Telehealth’S Accessible Weight Loss Solution Has Compounded Its Risks, Wendy Xia

Seton Hall Law Review

No abstract provided.