Digital Commons Network^™

Dollar Challenger? Cbdcs, Complexities, And Monetary Hegemony, Heng Wang

Research Collection Yong Pung How School Of Law

Digitalization is transforming the architecture of the international monetary system, reshaping how currencies function and financial infrastructures evolve. Among the significant developments are central bank digital currencies (CBDCs)—new digital forms of national currencies. While CBDCs promise benefits such as efficiency, they also generate relational, technological, legal, and governance complexities that would profoundly affect the global financial landscape. Against this backdrop, a compelling question arises: will CBDCs, particularly cross-border CBDCs, challenge U.S. dollar dominance?

To address this, this Article adopts a forward-looking approach to examine three interrelated crucial questions: what makes CBDCs complex? What governance complexity is likely to arise? Will …

Name, Image, Likeness And The Great American Pastime, Barbara Lauriat

Dickinson Law Review (2017-Present)

The ability of high-profile athletes to commercialize name, image, and likeness (NIL) rights is at the center of many current controversies about the future of college sports in the United States. This Article describes how what we call NIL protection— largely based on publicity rights doctrines developed in the mid-20th century—is historically recent, conceptually unstable, and insufficiently scrutinized, even though it now underwrites major entertainment markets in sports. Just as baseball is a sport particularly identified with the United States, there is also a peculiarly American approach to the protection of persona. Using baseball as the central case study, the …

Beyond Amateurism: The Evolving Role Of Sports Agents In The Nil Era, Madison Taylor

Student Works

No abstract provided.

Caught In The Web: The Resolution Of The Internet Service Provider Contributory Copyright Infringement Split, Olivia F. Johnson

Cybaris®

No abstract provided.

Are Courts Developing A Consistent Standard For Sanctioning Attorneys Who Misuse Genai In Legal Filings?, Natalia Borges

Honors Undergraduate Theses

This thesis examines whether Florida courts are developing an emerging statewide standard governing attorney use of generative artificial intelligence in litigation and whether this trend supports the need for formal statewide codification. This study addresses growing concerns about fabricated citations, unverified legal research, attorney sanctions, and inconsistent disclosure practices as generative artificial intelligence becomes integrated into legal drafting and research. This research reviews the Florida Rules regulating the Florida Bar, ethics guidance on generative AI, Florida procedural certification requirements, disciplinary actions, and administrative orders from Florida judicial circuits that require disclosure and verification of artificial intelligence use in court filings. …

On Bended Knee: A Legal Analysis Of Colin Kaepernick’S Grievance And The Broader Implications Of Activism In Professional Sports, Ayoka Smith

Student Works

No abstract provided.

Constitutional Structures In Private Law And The Example Of Waste Law, Jill M. Fraley

Scholarly Articles

This Article proposes three criteria for when a private law mechanism performs a structural constitutional function: when it constrains present authority in the name of future stability, when it disperses enforcement to avoid centralized authority, and when it has structural entrenchment to avoid ordinary displacement. While many private law doctrines contain constitutional resonances or echo rights, the core of constitutional law is the power structure—a precondition for the protection of those rights. Constitutional structures have three key components: self-binding through time, separation and diffusion of power, and entrenchment beyond ordinary politics. For a private law doctrine to do more than …

Today’S Score Predictions: Establishment Clause Now Lacking Offense And Defense, Odds Favor Free Speech And Exercise For Public Schools, Skyler Martinez

Student Works

No abstract provided.

#Influencerinfractions: How Influencers Comply (Or Don’T) With Ftc Guidelines, Christopher Terry, Emma Troha, Anastasia Micich, Cecilia Lausten

Journal of Law, Technology, & the Internet

The Federal Trade Commission (FTC) released endorsement guidelines of sponsored content in 2023, including stipulations of clear and conspicuous disclosure, to combat content disguised as original, while actually having commercial intent. This paper examines compliance with these guidelines among travel influencers on Instagram. Overwhelmingly, influencers are not properly disclosing potential commercial sponsorship in their posts, and even good faith attempts to disclose are more often than not non-compliant with the FTC’s guidelines. Implications of these findings are discussed.

Law Librarianship And Legal Information Science In The Age Of Genai, Paul D. Callister

Faculty Works

This article examines the relationship between law librarianship and legal information science in the age of generative AI (GenAI), arguing that closer integration between the two is essential to navigating a rapidly evolving legal information landscape. It contends that law librarianship—long grounded in stable classification systems and cognitive authority—must adopt the analytical methods of legal information science to remain effective in the digital era. Together, these fields can reinforce the rule of law by improving the organization, retrieval, and stability of legal information. The article identifies emerging subfields of legal information science that support this integration and develops several concepts …

Iceberg Ethos: Credibility And Hemingway In Predictive Legal Writing, Brad Desnoyer

Faculty Works

In predictive legal writing, credibility is not inferred from conclusions alone. It is constructed sentence by sentence. Analytic correctness is necessary, but it is not sufficient. Supervising attorneys read prose as evidence of intellectual control, treating disciplined style as proof of substantive mastery. Yet legal writing scholarship has largely framed clarity as a matter of pedagogy or professionalism rather than as a structural theory of ethos.

This article reframes predictive writing as institutional rhetoric. Within the hierarchical environment of law practice, cognitive fluency governs professional trust: writing that is easy to process yet disciplined in reasoning reads as competence. Drawing …

The Federal Rules Of Evi-Dance: Exploring And Reimagining Evidence Law Through Music, And Proposing Amendments To Rule 604, Brian C. Potts

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Shotspotter In The Courtroom: Addressing The Evidentiary Challenges Of Acoustic Gunshot Detection Technology, Samantha Mazzone

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Teaching Insurance: The Use Of Reservation Of Rights Letters To Better Understand The Effect Of Insurance On Civil Legal Practice, Michael L. Young

Saint Louis University Law Journal

The idea of taking an insurance law course does not set the typical law student’s heart aflutter. But maybe it should. Almost eighty years ago, the United States Supreme Court recognized, “Perhaps no modern commercial enterprise directly affects so many persons in all walks of life as does the insurance business. Insurance touches the home, the family, and the occupation or the business of almost every person in the United States.” The practical reality is that while insurance may play a limited part in criminal or family law matters, the availability of insurance plays a critical role in the handling …

A Third Possibility: The Press Clause At The Founding, Matthew L. Schafer

Fordham Intellectual Property, Media and Entertainment Law Journal

With the rise of history and tradition at the Supreme Court, scholarship purporting to define historical fact is likely to have outsized influence on the development of constitutional law. Underdeveloped constitutional rights like the First Amendment’s Press Clause are especially susceptible to such influence as they lack a precedential counterweight. While Press Clause jurisprudence is shallow, historical research about the Press Clause is not. For decades, scholars who have considered the Press Clause’s historical meaning have generally concluded that the record is quite vague, and, for that reason, cautioned against absolutist conclusions as to its original understanding. …

A Third Possibility: The Press Clause At The Founding, Matthew L. Schafer

Fordham Intellectual Property, Media and Entertainment Law Journal

With the rise of history and tradition at the Supreme Court, scholarship purporting to define historical fact is likely to have outsized influence on the development of constitutional law. Underdeveloped constitutional rights like the First Amendment’s Press Clause are especially susceptible to such influence as they lack a precedential counterweight. While Press Clause jurisprudence is shallow, historical research about the Press Clause is not. For decades, scholars who have considered the Press Clause’s historical meaning have generally concluded that the record is quite vague, and, for that reason, cautioned against absolutist conclusions as to its original understanding. More recently, though, …

The Invisible String: How Litigation Funders In Patent Suits Pose A National Security Risk, Cosette Mclaughlin

Fordham Intellectual Property, Media and Entertainment Law Journal

This Note will address why the Supreme Court should modify Rule 7.1 of the Federal Rules of Civil Procedure to require third-party litigation funding (TPLF) funders and agreements to be disclosed to the judge and the opposing party. This amendment would mitigate the national security risk posed by foreign adversaries acting through TPLF in patent suits by eliminating the veil of secrecy. The semiconductor industry acts as an illustration of the benefits of this modification.19 In addition, if TPLF funding were required to be disclosed to all involved, conflict identification would become significantly easier. Full transparency in patent litigation TPLF …

Doctrine, Data, And The Death Of Dupont, Thomas A. Reichert

Fordham Intellectual Property, Media and Entertainment Law Journal

For fifty years, trademark opinions have claimed to apply a comprehensive thirteen-factor test for trademark confusion. They are deeply mistaken. Using AI-powered analysis of over 4,000 TTAB inter partes decisions (2000–2025), this Article proves what practitioners have long suspected: in Section 2(d) adjudication, the test has collapsed to just two factors.

A simple categorical rule predicting confusion if and only if both mark similarity (Factor 1) and goods/services relatedness (Factor 2) (hereinafter “F1” and “F2” in figures, tables, and formulas) favor confusion achieves 99.55% accuracy across 4,651 comparisons. Cross-validated logistic regression confirms the pattern: a two-factor model achieves 99.46% accuracy, …

Discrimination In The Trademark Id Manual, Rachael Dickson

Fordham Intellectual Property, Media and Entertainment Law Journal

Using evidence drawn from the USPTO’s treatment of 221 identifications submitted for inclusion in the Trademark ID Manual (including 43 this Author submitted on their own and as part of a team), this Article, the first ever written on the ID Manual, argues that the USPTO’s administration of the Manual systematically disadvantages trademark applicants offering lawful but socially disfavored goods or services, such as those relating to cannabis, sexual health, or “vice.”

By deliberately refusing to include identifications of goods and services relating to entire categories of commerce in the ID Manual, the USPTO imposes higher costs, greater uncertainty, and …

Music Is Medicine: Addressing Legal Challenges In An Emerging Clinical Practice, Basha Goldwater

Fordham Intellectual Property, Media and Entertainment Law Journal

Music is universally experienced, and most will recognize its profound personal impact; yet, music’s broader influence on society is yet to be fully explored. People may listen to music when they are sad, when they are seeking motivation, or as a way to relax. However, music extends beyond expression, entertainment, and an outlet for emotions. Research indicates that music can offer substantial benefits to patients in a plethora of medical situations.

Part I of this Note will explain the usefulness of music as medical care, its advantages, and the broad range of institutional support music-based medicine has garnered. Part II …

Introduction, Caroline Dunn, Rachel Swanteson-Franz

Natural Resources Journal

No abstract provided.

Indigenous Land Seizure & Environmental Injustice: Impacts Of Settler Colonialism, Lydia Moorman

Journal of Earth and Life Science

The fields of conservation and environmentalism prioritize ecosystem health, yet both emerged from western frameworks that displaced and criminalized Indigenous land stewardship. The idealization of “pristine wilderness” narratives served to justify the removal of Indigenous peoples from their homelands and erased millennia of sustainable land stewardship that had maintained ecological balance long before western conservation existed. These narratives not only misrepresented Indigenous relationship with land but also constructed a false dichotomy between humans and nature that positioned Indigenous presence as a threat rather than a source of ecological knowledge. Simultaneously, anthropogenic expansion; such as pipelines, mining, railroads, and other extractive …

People V. Riche, Timothy Mccormick

NYLS Law Review

No abstract provided.

Dwight King Service Award, Black Law Students Association, Ndls

Student, Faculty, and Staff Awards

Presented by Notre Dame Black Law Students Association to a BLSA member who has devoted considerable time, energy, and attention to both BLSA and the Notre Dame Law School community.

Edward J. Kelly Prize In Elder Law, Notre Dame Law School

Student, Faculty, and Staff Awards

The Elder Law Prize is intended to advance the study of elder law and to encourage and assist Notre Dame Law students who may have an interest in this field. This award is given annually to the NDLS student who has written the best essay, article, or legal brief on a topic relating to elder law. Due to a gift from the Retirement Research Foundation on behalf of Mr. Ed Kelly, the winner of the award will receive a monetary prize.

Blsa Staff Appreciation Award, Black Law Students Association, Ndls

Student, Faculty, and Staff Awards

The award is given to a Law School or community member for consistently contributing time and assistance to further BLSA’s goals and objectives.

Allison T. Dang Award Of Service, Asian Pacific American Law Students Association, Notre Dame Law School

Student, Faculty, and Staff Awards

Presented to a student who has demonstrated exceptional dedication, service, and support to the APALSA community and fellow AAPI (Asian American and Pacific Islander) students. This award recognizes an individual who has selflessly worked to support the needs of others and embody a spirit of care and service.

Front Matter

City University of New York Law Review

No abstract provided.

The Architecture Of U.S. Fascism: Part Ii, Nina Farnia

City University of New York Law Review

In Part I of this series, I argued that the United States has always already been proto-fascist, but that today it is undergoing a transition into formal, de jure fascism. This transition is the result of a change in the class nature of the state itself.

In Part II, I focus on the legal architecture of fascism. I expose rule-of-law liberalism as having paved U.S. fascism’s path. I note the pernicious role of the law in class wars, race wars, gender wars, and global wars, with particular attention on the making of a total state. I then challenge the notion …

Front Cover And Inner Cover

City University of New York Law Review

Front Cover and Inner Cover.