Digital Commons Network^™

Data-Driven Collective Rights, Tomer Shadmy

Comparative Labor Law & Policy Journal

Technological asymmetries in data-driven workplaces increasingly shape power dynamics between employers and employees. This article argues that safeguarding workers’ rights requires transforming collective labour rights into collective technological capabilities. Rather than viewing data rights narrowly as privacy issues, it reframes them as central to broader labour protections. As artificial intelligence enhances employers’ ability to monitor and exploit worker data, workers must be equipped with tools to analyse and act on their collective data. Employers now extract significant value from aggregated personal data, positioning workers as unwitting data providers and limiting workers’ agency. While current laws focus on individual data rights, …

Comment - Reflecting On Privacy’S Perceived Omnipotence And The Lost Role Of Equality In Regulating Working Time, Arianne Renan-Barzilay

Comparative Labor Law & Policy Journal

“PRIVACY AND THE RIGHT TO (DIS)CONNECT” (Collins, 2025) is a beautifully written and captivating work concerning the enmeshment of personal and work time amid the always-on work culture. It argues that while the industrial era created a space and time configuration for work at the factory, information and communication technologies have dissolved previous divisions, essentially moving us back to feudal times. Now, we are always at the beck and call of the master, but with a digital “DING”: an email, text, or WhatsApp from employers, clients, and co-workers, transgressing formerly held boundaries of space and time allotted for work and …

Protecting Platform Workers In The European Union, Jeremias Adams-Prassl, Antonio Aloisi, Nicola Countouris, Valerio De Stefano, Silvia Rainone

Articles & Book Chapters

No abstract provided.

The Use Of Less-Lethal Force By Law Enforcement: A Legal Analysis Of Civil Liability Cases In The Use Of Bean Bags And Rubber Bullets In Policing, Kenneth Lomenzo, Joshua Rosenbaum, Nathan Cronin, Mason Meyers, Akramul Hasan

Journal of Criminal Justice and Law

The use of less-lethal weapons such as bean bag rounds and rubber bullets has become a prominent and controversial mark of contemporary policing. Although these munitions are designed to incapacitate without resorting to deadly force, their deployment has resulted in serious injuries, fatalities, and a growing body of litigation. This article examines how federal appellate courts have addressed such cases through a systematic legal content analysis of 16 decisions issued between 1999 and 2025. Each case involved a claim under 42 U.S.C. § 1983 alleging excessive force in violation of the Fourth Amendment. The analysis considers judicial reasoning, liability outcomes, …

Changing Perspectives In California: A Transformative Culture Exchange For Stockholm University And Sonoma State University Criminology Students, Bryan Burton, Sofie Hellmer, Vida Wåhlmark, Hope Ortiz, Diana Grant

csuglobalaction

From June 13 to 20, 2024, Sonoma State University (SSU) hosted 16 criminology students from Stockholm University (SU) for an educational and cultural exchange. Five SSU undergraduate “student ambassadors” participated, representing California and SSU while assisting the Swedish students. Surveys indicated the exchange was a meaningful academic and cultural experience for all participants. The Swedish students deepened their understanding of the U.S. criminal justice system through presentations by criminologists and discussions with practitioners on issues such as policing and prison reform. They also gained broader perspectives on California and the United States through interactions with SSU ambassadors and visits to …

Empathy On Trial: The Role Of Neuroscience And Communication In Sexual Violence Jurisprudence, Samantha M. Gonzales

Honors Program Theses and Research Projects

Sexual violence remains a contentious public safety and legal challenge, which has become further complicated by the tension between supporting victim-survivors and safeguarding the falsely accused. False accusations, though still well below the numbers of rightly accused, are experiencing a rise in popularity given recent (past ten years) political climates. This thesis examines how communication theory, neuroscience, and law intersect in molding perceptions of truth, culpability, and justice in sexual violence cases; while also examining the intersectionality of those fields in addressing the candor of allegations, the rate of recidivism, and quality of public health and safety. The most prominent …

From Fairy Tales To Fascist Nightmares: Countering Ron Desantis’ Florida, Ronald Mize, Et. Al

University of Miami Race & Social Justice Law Review

The recent spate of anti–‘woke’, don’t say gay, anti–trans, and anti–immigrant legislation, led by Florida Governor Ron DeSantis, puts the sunshine state in the unenviable position of serving as the nation’s test case for Republicans’ neofascist agendas. This paper explores the exclusionary, targeting, and banning aspects of these culture war assaults on public education and outgroups. The specific banning of Critical Race Theory is discussed alongside cis–heteronormative efforts to target queer and trans communities, as well as DeSantis’ executive memoranda of transporting those at the border to sanctuary cities and S.B. 1718 aimed at excluding immigrant communities from public life …

Ndls Communicator: Week Of 11.24.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Four Notre Dame faculty invested as members of American Academy of Sciences and Letters
• Congratulations to Professor Derek Muller on being honored as a member of this year’s Notre Dame All-Faculty Team during Saturday's Notre Dame football game.
• Chief Judge William H. Pryor, Jr., delivers the 2025 Rice-Hasson Distinguished Lecture
• Bishop Kevin. C. Rhoades speaks to the law school about the Catholic Church's teaching on immigration and religious freedom

Alumni News

• Notre Dame Alumna Carmen Haydeé López Runs for Congress in Honduras

Faculty Briefs

• Rick Garnett
• Mary Ellen O'Connell
• Paolo Carozza
• Fr. John Paul Kimes
• Haley Proctor …

Between Sovereignty And Commons: Legal Frameworks For Digital Data Governance In India, Anushka Sachan

Journal of Law and Public Policy

This legislative note critically examines the Indian Digital Personal Data Protection (DPDP) Act, 2023, with a focus on its provisions that imply data sovereignty and their implications for the governance of digital commons. Drawing on the seminal works on data commons, the note explores the conceptual and practical tensions between centralised data sovereignty, participatory, and decentralised models of data stewardship. While data sovereignty is often justified on grounds of national security and control, it may inadvertently hinder the development of inclusive and accountable frameworks for managing data as a public good.

An Essay On Trailblazing With Service Animals Langer, Pilot, Bowie, And Izzie: Preserving Non-Partisan Public Health And The Law, Gary C. Norman

Journal of Law and Health

A direct correlation exists among humans, their animals, and human health and wellness. This article will focus concisely on law students with disabilities and lawyers with disabilities and how they can be empowered to be trailblazers while remaining healthy and well. Salutogenic Model should be optimized by lawyers with disabilities working at the intersection of animal law, disability law, and public health law. Service animals have positive and salubrious impacts upon their handlers in several ways, including psychosocial health and wellbeing. The Grand Architect (or in my Cherokee tradition, "great spirit") continuously partners me with complicated but magnificent dog partners …

Access To Healthcare For Irregular Migrants, Jessica Dykes

Journal of Law and Health

Access to Healthcare for Irregular Migrants is an assessment of the right to life, security of the person, and non-discrimination as viewed through the lens of Nell Toussaint's legal battle. It tells the compelling story of an irregular migrant's battle for access to health care. Highlighting a gap in the Canadian healthcare system, this piece raises valuable questions about why that gap exists. Toussaint's experiences with multiple levels of the legal system, both in Canada and internationally, are included. It tells the story from when Ms. Toussaint entered Canada to the present; wherein the matter remains before the court.

This …

Islamic Political Anti-Theology: A Discursive Practice Of Contingency Beyond Sovereign Politics, Jason Andrus

Electronic Theses and Dissertations

Contributing to the field of political theology from outside the European Christian tradition, this dissertation develops a description of the distinct logics that Islamic theology generates from its metaphysical assumptions. These logics in turn make possible a discourse of political anti-theology where politics operates through contingency rather than sovereignty. Political theology scholarship has excavated how modern politics derives from secularized Christian theological concepts—particularly transcendent sovereignty. This study demonstrates that Islamic theology's absolute insistence on divine transcendence (tawhid) produces something fundamentally different: a politics that renders sovereign authority conceptually impossible. I identify this discursive practice of political anti-theology through …

Pragmatic Textualism, Brian G. Slocum, Kevin Tobia

Duke Law Journal

Traditional textualism instructs judges to adhere to a statute's linguistic meaning and reject as irrelevant its interpretive consequences. Justice Scalia famously contrasted his restrained textualist judge with "Mr. Fix-It," a judge who inappropriately weighs consequences. Today, however, textualists increasingly embrace consequentialist reasoning. This Article documents this undertheorized shift and the emerging textualist efforts to justify it, including Justices Kavanaugh and Barrett's arguments for nonliteralism and judicial sensitivity to context. This Article critiques these efforts: Modern textualist theory lacks a compelling explanation for its newfound reliance on interpretive consequences.

Next, we offer a novel theory of the linguistic role for interpretive …

Fatf Recommendation And Charitable Organizations Supervision Policy In Indonesia: A Study On The Prevention Of Terrorism Financing, Fithriadi Muslim, Eva Achjani Zulfa

Indonesian Journal of International Law

This research aims to analyze the supervision policies of charitable organisations in Indonesia, particularly in the context of preventing terrorism financing, and comparing them to international provisions, such as the Financial Action Task Force (FATF). It also explores the oversight practices in other countries to identify the best practices that Indonesia can adopt. The research addresses two key questions: (1) How do Indonesia’s supervision policies for charitable organisations prevent terrorism financing? (2) How do Indonesia’s supervision practices compare with international standards in preventing terrorism financing? This study uses a normative juridical approach, focusing on legislative and comparative methods. Primary legal …

More Blockchain More Privacy Problems: Privacy Rights & The Mosaic Theory In The Age Of Blockchain Technology, Carson Lloyd

Richmond Journal of Law & Technology

Can the law tackle the legal challenges posed by disruptive technologies, or is the law constantly struggling to keep up with rapid innovation, forcing it into a reactive position? This question lies at the heart of the complex relationship between law and technology. As emerging technologies advance at an unprecedented rate, legal systems often struggle to address the challenges they pose. There is no better example of this in practice than the emergence of blockchain technology, one of the most disruptive innovations of the 21st Century. Blockchain technology refers to a decentralized and encrypted digital ledger enabling secure real-time transactions …

The Discord Dilemma: Section 230'S Free Pass For Internet Providers Sanctioning Online Extremism, Claira L. Cooper

Richmond Journal of Law & Technology

This Article examines the relationship between the blanket immunity for internet providers guaranteed by Section 230 of the Communication Decency Act and the rise of online extremism on gaming adjacent platforms. This Article analyzes multiple recent events incited by extremists on the gaming platform, Discord, and the real-life consequences that arise when extremism is allowed run rampant on platforms. This Article argues that Section 230, in its current form, enables platforms to turn a blind eye to illegal conduct on their website by avoiding moderation, thus making it clear that Section 230 is in dire need of an update to …

"The Terms And Spirit": Preserving The Purpose Of The Fair Labor Standards Act By Applying The Clear And Convincing Evidence Standard In Flsa Exemption Cases, Bridget Mccourt

Cleveland State Law Review

In 2023, the Fourth Circuit in Carrera v. E.M.D. Sales split from its sister courts by requiring employers to prove by clear and convincing evidence that an employee is exempt from the Fair Labor Standards Act (“FLSA”). The Supreme Court reversed the Fourth Circuit’s decision, resolving the split by holding that the preponderance of the evidence is the correct standard. This Note argues that the Fourth Circuit, despite failing to provide a justification for its heightened standard, was correct because it preserves the terms and spirit of the FLSA. Congress enacted the FLSA as a remedial statute aimed to alleviate …

Surviving The Post–Biafran War By Navigating The Igbo People's Igba-Boi Apprenticeship Model Of Entrepreneurship, Chiemela Victor Amaechi, Ugo Pascal Onumonu, Salmia Binti Beddu, Ikechi Mgbeoji

Articles & Book Chapters

After the Nigerian Civil War, the Biafrans started from scratch through trades, mostly adopting the igba-boi apprenticeship system in Nigeria. This paper examines the impact of the igba-boi entrepreneurship system in post-Biafra for the survival of the Igbo identity. Historical–analytical and documentary methods were adopted in this investigation, through primary and secondary sources. This study found different phases of the igba-boi- apprenticeship model, which was adopted in entrepreneurship by the Igbos to survive after the war. This study found that economic towns in Eastern Nigeria, like Aba, Owerri, Enugu, Nnewi, Onitsha and Awka, have enhanced economic development. Also, it found …

"There Was Such An Array Of Circumstances Pointing To Defendant's Guilt…": Shepard V. United States And The Dying Declaration As A Legal, Social, And Political History Of People, Places, Times… And Utility, Joshua E. Kastenberg

Cleveland State Law Review

In 1933, the Court, in Shepard v. United States, limited the “dying declaration” exception to the prohibition against hearsay. Shepard has been cited over 500 times by courts of appeal, the decision appears in evidence casebooks, and scholars have challenged it as robbing the voice of victims. However, there has never been a legal history of the decision. The case arose from a criminal conviction that occurred in the last days of the “Roaring Twenties,” and the appeal transited through the courts in the first years of the Great Depression. The Court, in a unanimous decision authored by Justice …

The Nuclear Option: Preempting Power Generation, Keith Wadley

Et Cetera

Nuclear power is a topic which many feel strongly about. Unfortunately, much of the information present in public discourse is a product of fear, misinformation, and a general lack of understanding regarding what nuclear power is and does. This note seeks to clear up the murky waters of the topic by presenting some basic factual information contrary to common misconceptions while also seeking to argue, in light of this information, that Congress should, and currently has the power to, prevent states from prohibiting the use of nuclear power. Congress passed the Energy Reorganization Act of 1974 which preempts the field …

White Supremacy And The Legitimation Of Violence Against Women: Analyzing The History And Impact Of Vawa, Ember Jahn

Et Cetera

This article confronts the mainstream feminist narrative that white women first addressed patriarchal violence en mass in the 1970s. Instead, this article traces back to Black women who advocated against lynching and sexual violence in the late 1800s as the first attempt to address systemic violence against women. They engaged in womanism, or the fight for Black people’s right to experience safety and discover a sense of wholeness. Their efforts led to the proliferation of numerous movements in the 1900s. Despite how crucial their efforts were to the formation of the feminist movement; many white feminists remained hostile and engaged …

Unfollowing Censorship: A Policy-Oriented Analysis Of Government Pressure On Social Media Content Management, William C. Morgan

Cleveland State Law Review

The introduction of social media has facilitated communications and connectivity globally. However, in recent years, social media companies have started to adopt content moderation practices that are directly influenced by government pressure to comply with their requests to arrange information. Typically, these newly adopted practices often aim to censor or diminish the exposure of certain views, comments, and/or posts that the U.S. government, through its actors, dislike or find threatening to national security. This paper examines how informal government outreach to indirectly monitor, and control social media companies’ content moderation practices undermine the platforms’ constitutionally protected editorial autonomy. Consequently, this …

It Takes A Village: Why Developing Community And Implementing Collaborative Teaching Methods In The Legal Classroom Fosters True Inclusivity, Activates Active Learning, And Promotes The Attainment Of True Knowledge-Creating Students Who Are Better Prepared For The Practice Of Law, Erica L. Kravchenko

Cleveland State Law Review

Legal education has long relied on traditional teaching methods, such as the Socratic, case-dialogue and lecture methods, which prioritize individualism and competition over collaboration. While these methods have historically shaped legal pedagogy, they no longer adequately prepare students for the evolving demands of legal practice. This Article examines the impact of traditional teaching methods on the changing demographic of law students and offers collaborative learning as a potential solution. Specifically, this Article argues that incorporating collaborative learning and fostering a sense of community in legal education are essential for developing well-rounded, practice-ready attorneys. Through an analysis of the legal education’s …

A Rendezvous With Destiny: The President's Ftc Removals And The Rule Of Law, George Sakkopoulos

Cleveland State Law Review

In March 2025, the President removed two commissioners of the Federal Trade Commission (“FTC”). The removed commissioners called the removals unlawful and challenged them in court, citing the FTC Act’s for-cause removal protection and the Supreme Court’s decision in Humphrey’s. After President Roosevelt removed an FTC commissioner, the Supreme Court in Humphrey’s in 1935 upheld the constitutionality of the FTC Act’s removal limitation based on the FTC being expert, nonpartisan/independent, quasi-judicial, and quasi-legislative. The Court in Seila in 2020 held that the President has “unrestricted removal power” as to the executive branch unless the Humphrey’s exception for “multimember expert …

Fair Use In The Age Of Generative Ai: Navigating Copyright Challenges In Educational Contexts, Wendy Wallberg

Faculty and Staff Publications & Presentations

Generative AI tools are everywhere, but what’s actually allowed when it comes to copyright and teaching? This session breaks down what fair use means in the age of AI, covers current legal cases, and offers practical tools to help educators and institutions use AI responsibly and confidently.

2025 Annual Justice Festival Program, Caudill College Of Arts, Humanities, And Social Sciences

Justice Festival at Morehead State University

The program for the 5th Annual Justice Festival held on November 18, 2025 on the campus of Morehead State University.

Season 2 Episode 8: Where It Stops, No One Knows, Sara Gras

Season 02

While new scandals coming to light weekly, the growth of online sports betting hasn’t slowed. There are still new markets and opportunities to explore, including women’s and youth sports. In fact, it is difficult to imagine who could ever disrupt this wildly successful industry – except, of course, an industry that’s figured out a way around all the rules and regulations.

Features excerpts of interviews with:

Cole Wogoman, Senior Manager, Government Relations and League Partnerships
National Council on Problem Gambling

Ilya Beylin, Associate Professor of Law
Seton Hall Law School

Legal Materials Referenced:

• Central Hudson Gas & Elec. v. …

Request For An Advisory Opinion By The State Of Guatemala On Democracy And Its Protection Under The Inter-American Human Rights System: Expert Opinion, Notre Dame Law School Global Human Rights Clinic, Notre Dame Reparations Design And Compliance Lab, Diane A. Desierto, Francisco J. Urbina, Paolo G. Carozza, Anibal Perez-Liñan, Faisal Yamil Meneses, Nicolas Buitrago Rey, Ian Sheppard, Michelle Vasquez, Nick Polk, Carlos Chinchilla Mourra, Jose Cardona Sanchez, Pablo Proaño, Roselis Diaz De Freitas, Zolile Shude, Christian Mikala-Ofori, Rachel Cooper

Court Briefs

From Page 1

Notre Dame Law School Global Human Rights Clinic (NDLS GHRC) In collaboration with Notre Dame Reparations Design and Compliance Lab (ND Reparations Lab)

The undersigned Professors, staff lawyers, and researchers of the NDLS GHRC and the ND Reparations Lab respectfully submit this Expert Opinion for this Honorable Court’s consideration. 

1. The State of Guatemala has requested this Honorable Court to interpret specific provisions of the American Convention on Human Rights (e.g., Preamble first paragraph, Article 1 obligation to respect rights, Article 5 right to humane treatment, Article 8 right to a fair trial, Article 9 freedom from ex …

Mmu: 11/17/25-11/23/25, Student Bar Association

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Ndls Communicator: Week Of 11.17.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Justice Amy Coney Barrett to judge final round of moot court tournament named in her honor
• Veterans Day 2025: Honoring our ND Law student veterans and reflecting on God, Country, Notre Dame
• Notre Dame faculty contribute to dialogue on artificial intelligence at the Vatican
• Notre Dame experts bridge law and child development to tackle crisis of family separation amidst armed conflict

Alumni News

• Notre Dame LL.M. Graduates Victoria Mendoza Ruiz and Mbonisi (Bo) Secure Prestigious UN Internships

Faculty Briefs

• Caleb Stone
• Christina Jones
• John Meiser
• Nicole Garnett
• Patrick Corrigan
• Mary Ellen O'Connell
• Haley Proctor
• Sadie Blanchard
• Nell …