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Ndls Communicator: Week Of 12.08.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Justice Barrett, Judge St. Eve, and Judge Davis preside over final round of second annual Justice Amy Coney Barrett Moot Court Tournament
• ND Law's Global Human Rights Clinic advocates for clients at the United Nations Headquarters and advances key partnerships in New York City
• Notre Dame J.S.D. candidates present at the 2025 J.S.D. Symposium hosted by the Washington University School of Law
• Global connections: Welcoming exchange students to Notre Dame Law School

Alumni News

• Double Domer and IP attorney Shannon Mastick '13, '16 J.D. appears on Jeopardy!

Faculty Briefs

• Paolo Carozza
• Mary Ellen O'Connell
• Rick Garnett
• Nicole …

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

Volume 23 - Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Demystifying The Plea Process: Investigating Attorney Communications And Client Misconceptions, M. M. Wilford, R. J. Difava, K. S. Henderson

Criminology and Criminal Justice Faculty Publications and Presentations

Objective: to study issues related to the lawyer and client interaction regarding building a legal position on the case and the plea process.Methods: the article uses the universal dialectical method of cognition, as well as general (analysis, synthesis, induction, deduction) and specific scientific research methods (formal-legal method).Results: As the United States has shifted to “a system of pleas,” the role of defense attorneys has swung from trial litigator to plea negotiator. The study results indicated that defense attorneys spend a significant amount of time meeting with clients. Attorneys also cited substantial deficits in criminal defendants’ knowledge of the legal system, …

Assessing Standardisation Initiatives From The European Data Strategy’S Perspective: A Systematic Review, Nicola M.F. Faraone

Yearbook of Antitrust and Regulatory Studies

The paper seeks to provide for an overview of the most relevant European legislative initiatives related to the process of standardization at EU level. While a specific emphasis will be devoted to the AI Act and the Open Banking/Open Finance framework, also the most recent regulation together with the connected European soft law will be addressed.

School And District Leaders’ Understanding Of Technology Organizations’ Cyber Business Practices, Jayejaye Johnson

Journal of Educational Research and Practice

Educational technology (EdTech) interoperability throughout cyberspace provides the financial opportunity to collect and sell student privacy information in digital learning environments, challenging school leaders to govern schools and keep children safe. School leaders provide the resources, funding, planning, decision making, and administration for EdTech cybersecurity practices and policies, yet little is known about what public school leaders understand. A quantitative study was designed using primary data collected from an online survey. Four research questions guided this study: What are the differences in cybersecurity practices and policy response scores (1) between male and female school leaders; (2) among leaders with different …

The Lived Experiences Of School Administrators Addressing School Violence Prevention Strategies And Safety Policies In Tennessee: A Transcendental Phenomenological Study, Trinka Hicks

Doctoral Dissertations and Projects

The purpose of this transcendental phenomenological study was to describe the lived experiences of urban high school administrators addressing school violence prevention policies and strategies in academic settings in an urban school district in Tennessee. The central research question used to lead this study is, what are the experiences of school administrators addressing school violence prevention strategies and safety policies in the academic setting? The theory that guided this study is Bandura’s social cognitive theory. Social cognitive theory emphasizes observation, imitation, and modeling, and the relative connection between behavior and the social environment was applied in this study to evaluate …

Law Enforcement Officer Perceptions In The Current Socio-Political And Cultural Environment: How Psychological Stress Impacts Overall Job Satisfaction, Mitzie L. Forrest

Doctoral Dissertations and Projects

The purpose of this qualitative study was to explore police officer perceptions of job stress and satisfaction within the occupational environment at a mid-sized police agency in the Southern United States in the five years immediately following the George Floyd incident. Using Grounded Theory (GT), six major socio-political and cultural factors were investigated to determine the effects on police officer wellbeing and overall job satisfaction. The factors explored were defund the police, Black Lives Matter, social unrest, media impact, cancel culture, and woke culture. The data collection process involved the triangulation of data obtained through an agency-wide anonymous survey to …

Turkey’S Recent E-Commerce Amendments: A Critical Comparison With The Eu Digital Markets Act, Kaan Kocabas, Jurgita Malinauskaite

Yearbook of Antitrust and Regulatory Studies

Recent regulatory reforms in Turkey aim to address the competitive risks posed by dominant digital platforms, particularly concerning data exploitation, self-preferencing, and discriminatory conduct. Rather than introducing a standalone competition law instrument, Turkey amended its Law on the Regulation of Electronic Commerce to embed competition-related obligations, raising questions about the consistency and coherence of enforcement. This article analyses the legal and institutional implications of these amendments, critically comparing Turkey’s approach with the European Union’s Digital Markets Act (DMA). It argues that while the Turkish amendments reflect global regulatory trends, the lack of a dedicated competition framework risks creating enforcement conflicts …

The Doctrine Of Constructive Presence And Damage To Submarine Cables And Other Critical Underwater Infrastructure, Jame Kraska, Elizabeth Hutton

International Law Studies

Maritime law enforcement regarding attacks on critical underwater infrastructure remains one of the weakest parts of the legal system governing undersea infrastructure. While the UN Convention on the Law of the Sea and the 1884 Submarine Telegraphic Cable Convention require States to criminalize and penalize willful or negligent damage to submarine cables, these agreements depend heavily on national enforcement. In international waters, enforcement becomes more complicated due to the principle of exclusive flag State jurisdiction, which limits a coastal State’s ability to enforce laws in international waters. This article proposes that the legal doctrine of constructive presence provides an international …

Criminalizing Difference: An Intersectional Analysis Of Disability In The Criminal Justice System, Rowan Eisleman

Student Scholar Symposium Abstracts and Posters

This research addresses the central question: How do individuals with disabilities intersect with the criminal justice system, and what systemic factors contribute to their overrepresentation and victimization? Despite over 61 million Americans having disabilities, there exists a significant gap in comprehensive scholarship examining disability-criminal justice intersections, particularly regarding how people with intellectual and developmental disabilities experience unique vulnerabilities as both offenders and victims. This study contributes to disability studies and criminology by providing a comprehensive intersectional analysis examining how disability compounds with race and gender to create compounded marginalization. This study conducted a comprehensive literature review, analyzing government statistics from …

The Role Of Artificial Intelligence In Reducing Internet Crimes Against Children, Malyssa Shaw

Student Scholar Symposium Abstracts and Posters

When generative artificial intelligence (AI) first surfaced and broke into the public sphere, my immediate concern was in its development, implementation, and harmful applications. I was not surprised when deepfake technology rapidly advanced alongside these new developments and impacted women and children worldwide. Disproportionately, they have been made victims of intimate media forgery as early as the 1990s, with an unprecedented uptick in recent years as a direct result of these developments. In response, I wrote "Deepfake, Real Harm: Protecting Children in the Age of AI", analyzing data specifically regarding child sexual abuse material (CSAM) created with artificial intelligence while …

Legal Considerations On Predictive Policing Based On Italian ‘Algorithmic Administration’ Principles, Stefano Rossa

Yearbook of Antitrust and Regulatory Studies

In Beck’s current risk society, the State is faced with a dilemma. To fail before the risk but to keep the sphere of citizens’ rights intact; or not to fail but to restrict fundamental rights? This payoff turns out to be the main issue that juridical reflections on the use of predictive technology tools in the public sector must consider. Policing is an administrative function that is mainly composed of acts of a preventive nature. By using ICT, it is possible to employ AI systems with a very high rate of certainty to ‘predict’ future crime scene. But is it …

The 'Pay-Or-Consent' Model And Competition Policy: A Case Comment On The European Commission’S Decision Against Meta Under The Digital Markets Act, Arletta M. Gorecka

Yearbook of Antitrust and Regulatory Studies

This case comment analyses the European Commission’s first non-compliance decision under the Digital Markets Act (DMA), focusing on Meta’s “pay-orconsent” model and its incompatibility with Article 5(2). The Commission held that Meta failed to provide users with a genuinely equivalent, privacy-protective alternative to behavioural advertising, thereby undermining the voluntariness of consent and commodifying user data in violation of DMA standards. The comment situates the ruling within broader EU regulatory trends, highlighting parallels with Apple’s infringement of Article 5(4) DMA and the Commission’s emerging outcomes-oriented enforcement approach. It argues that these decisions jointly clarify gatekeeper obligations, expand the meaning of “free …

Fide 2025: Eu Digital Economy: General Framework (Dsa/Dma) And Specialised Regimes With Follow-Up Considerations On “Regional Gatekeepers”, Kamil Dobosz

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Eyes Everywhere: Unpacking The Digital Surveillance State In Mexico And The Legal Blind Spots, Danielle Mena

University of Miami Inter-American Law Review

This article examines the rise of digital surveillance in Mexico and its implications for privacy, human rights, and democratic governance. Despite constitutional and legislative protections guaranteeing personal privacy and freedom of expression, Mexico has developed one of the most extensive surveillance systems in the Americas. Through tools such as Pegasus spyware and the C5 urban surveillance network, government agencies have expanded their monitoring capabilities, often under the guise of national security. However, the misuse of these technologies against journalists, activists, and political dissidents reveals legal and institutional deficiencies. The article analyzes the evolution of Mexico’s digital surveillance infrastructure, identifies the …

Ai Companions And The Lessons Of Family Law, Clare Huntington

Minnesota Law Review Vols. 106:2 onward (2021-present)

Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to mental health treatment, helping students learn, and offering a judgment-free space for sensitive conversations. But AI companionship also raises significant concerns. The technology’s addictiveness may exacerbate loneliness and can undermine human relationships. Therapy bots may prove more harmful than helpful. AI companions can be emotionally abusive. And their access to the …

The Good, The Bad, And The Ugly: A Comparative Constitutional Analysis Of Whistleblowing Speech, The Government's Managerial Domain, And The Imperatives Of Democratic Self-Government, Ronald J. Krotoszynski Jr.

Minnesota Law Review Vols. 106:2 onward (2021-present)

Since issuing its 1968 landmark decision in Pickering, which first recognized that the First Amendment protects government employees’ speech about matters of public concern, the U.S. Supreme Court has proceeded to whittle away First Amendment protections for government employees. The Justices have done so by adopting a series of categorical exclusions to Pickering that all strongly favor the government as an employer and manager. These subsequent decisions have created a jurisprudential obstacle course that government employees must successfully run in order to invoke the Free Speech Clause at all. The current U.S. approach is plainly bad. However, it could …

Securitizing The University, Maryam Jamshidi

Minnesota Law Review Vols. 106:2 onward (2021-present)

Since October 7, 2023, public and private actors have doubled down on efforts to securitize the American university. In large part, these initiatives aim to quash a vocal pro-Palestine movement that has become highly visible across U.S. campuses since October 7th. In targeting this group, these efforts have variously treated the university as an “object” of national security, namely, as a potential site of national security risk, while simultaneously encouraging or pressuring universities to “participate” in national security, namely, by actively and, in many cases, voluntarily furthering U.S. national security objectives. The university’s status as object of and participant in …

Beyond Judicial Dialogue: Reference To Domestic Law By The Inter–American Court Of Human Rights, Soledad Bertelsen

University of Miami Inter-American Law Review

The recent freeze of U.S. funding to the Inter–American Commission on Human Rights serves as a reminder of how fragile the Inter–American System of Human Rights truly is. The effectiveness of the Inter–American institutions largely depends on their legitimacy in the eyes of the member states. This article argues how the legitimacy of the Inter–American Court can be enhanced by the language used in its judgments. The paper focuses on how references to domestic law in the case–law of the Inter–American Court can persuade states to comply with its decisions. Citations transcend the much–discussed judicial dialogue since they also reference …

Constitutional Law On Abortion In Latin America And The Caribbean: A Regional Consensus Towards An International Custom Or A Peremptory Norm Of Jus Cogens?, Ligia Castaldi

University of Miami Inter-American Law Review

The Inter–American Court of Human Rights recently declared the existence of a jus cogens right to a healthy environment: could it lawfully reach the same conclusion regarding a right to abortion? This paper examines constitutional law and constitutional jurisprudence on abortion in Latin American and Caribbean countries to determine whether a regional consensus exists on abortion rights in the region. The paper looks at landmark abortion decisions favoring abortion rights in Colombia and Mexico, as well as broad abortion decriminalization through statutory reform in Argentina, Uruguay, Haiti and Cuba. The paper also looks at prenatal right to life protections in …

Cybersecurity, Resilience And Sustainability: Evaluating The Role Of Public-Private Partnerships, Katarzyna Chojecka

Yearbook of Antitrust and Regulatory Studies

This article explores the role of public-private partnerships (PPPs) in enhancing cybersecurity as a component of sustainable and resilient development. It argues that cybersecurity is not only vital for digital transformation and economic growth but also closely aligned with the UN Sustainable Development Goals, particularly through its emphasis on resilient infrastructure. The paper offers a legal and policy-oriented analysis of how PPPs can strengthen cybersecurity capabilities by leveraging the combined resources and expertise of governments, businesses, and civil society. The Polish case is also studied and analysed through “PW Cyber" program which exemplifies a local cybersecurity PPP model. The article …

"Pollution Does Not [Sic] Discriminate": Louisiana V. Epa, Disparate Impact, And The Fight For Environmental Justice In A Hostile Climate, Naomi Brim

Minnesota Law Review Vols. 106:2 onward (2021-present)

Human-induced climate change hurts people. Environmental burdens impact a person’s ability to live freely, in good health, and with loved ones. And in the United States, people in positions of political authority and decision-making—who are predominantly white and high-income—use the legal system to push environmental harms disproportionately onto low-income, Black, Indigenous, People of Color (BIPOC) communities. This has occurred for centuries and continues in the present. A basic sense of justice makes the following conclusion easy to reach: skin color, zip code, and pocketbook should not determine whether someone enjoys a clean and healthful environment.

For plaintiffs seeking relief from …

The Legal And Ethical Impacts Of Cybersecurity Practices On Privacy And Digital Rights, Ibrahim Fejzulla

Cybersecurity Undergraduate Research Showcase

The General Data Protection Regulation (GDPR) and the Health Insurance Portability and Accountability Act (HIPAA) are meant to secure our data, but sometimes it feels as if organizations don’t do enough to secure and protect our data and privacy. Even some of the things organizations may do to improve security may sound counterintuitive like hiring ethical hackers or penetration testers. This research looks at the effects both, the GDPR and HIPAA, have had on cybersecurity practices and policies of organizations. This paper aims to analyze the effects of both the GDPR and HIPAA, answer whether ethical hacking is justified, analyze …

Lunar Servicing, Assembly, And Manufacturing; Legal And Environmental Issues, Francesca Giannoni-Crystal

Georgia Journal of International & Comparative Law

No abstract provided.

The Internet Of Hate: Comparing The Nature, Harms, And Regulatory Challenges Of Online And Offline Hate Speech, Alexander Brown

Georgia Journal of International & Comparative Law

No abstract provided.

Curb Their Enthusiasm: Controlling The Discretion Of Creative Prosecutors, Scott A. Schumacher

The University of New Hampshire Law Review

No abstract provided.

Behind Closed Doors, Beyond The Cell: Supporting Children Of Incarcerated Parents, Averi R. Amaro

Honors Program Theses and Research Projects

This study examines the overlooked population of children affected by parental incarceration and evaluates intervention programs designed to support them. Grounded in Labeling Theory (Becker, 1963), Self-Fulfilling Prophecy (Merton, 1948), and the Restorative Justice framework (Zehr, 2002), this study explores how stigma, expectation, and repair shape the outcomes for the youth affected by parental incarceration. Drawing from qualitative and quantitative research, it analyzes the emotional, social, and educational effects of incarceration on families, identifying protective factors such as attachment, mentoring, and community support that mitigate delinquency risks. Program evaluations of Girl Scouts Beyond Bars, Parenting Inside Out, Project Avary, and …

Masthead

UC Law Journal

No abstract provided.

Gender And Consensus On The Courts, Kaleigh A. Ruiz

Michigan Journal of Gender & Law

During group deliberation, women tend to be the harbingers of compromise, vying for consensus on even the most contentious topics. However, women cannot succeed in this endeavor if gender bias prevents their voices from being heard. In federal courts, collaboration is essential to reaching the simple majority needed to resolve a case. While the courts already function under norms of collegiality during deliberations, the practice of writing a separate opinion to acknowledge disagreement with a majority opinion remains relatively common. In this Article, I test two competing theories as to the effects of women judges on consensus. On one hand, …