Digital Commons Network^™

Court-Connected Mediation In Montana: Law, Practice, And Recommendations For Reform, Paul F. Kirgis, Brianna Anderson, Brock Flynn

Montana Law Review

No abstract provided.

Significant Montana Cases, Claire Bagnell, Meredith Iams

Montana Law Review

No abstract provided.

The Seven Deadly Sins Of Ai Policy, Kevin Frazier

Montana Law Review

No abstract provided.

How Rude?: Prohibitions On Insults And Abuse In International Human Rights Complaint Proceedings, Lisa Reinsberg

Northwestern Journal of Human Rights

May international human rights mechanisms close their doors to individuals who insult their members or Member States? Several do so, but the basis, scope, and impact of such rejections remain mostly unexamined. This article maps the relevant practices of regional and United Nations human rights bodies and compares them to other courts’ responses to contempt of court or vexatious litigation, to understand whether this admissibility criterion is a proper application of the prohibition on abuse of the right of petition or a legitimate exercise of a human rights body’s inherent powers. Three approaches emerge: ignore, balance, and punish. While the …

Modern Economic Analysis And Antitrust Law: A Guide, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This book presents a modern economics approach to antitrust law. It expands upon and supplements traditional legal analysis of antitrust law and policy. It does so by analyzing antitrust legal standards and case law through the lenses of industrial organization economics and decision theory. The work is intended to be a comprehensive introductory guide for students, practitioners, and anyone else interested in learning the core of modern antitrust economics. Understanding the economics of antitrust and decision theory and applying that reasoning to specific cases and issues are critical steps for successfully studying and practicing antitrust law and policy. It treats …

The Algorithmic Collusion Problem: A Judicial Framework For Analyzing Algorithms Under § 1 Of The Sherman Act, Rix Ryskamp

Washington Journal of Law, Technology & Arts

Courts are increasingly seeing Sherman Act Section 1 claims that involve AI and other software algorithms at the center of alleged conspiracies to unreasonably restrain trade—often called algorithmic collusion claims. Adjudicating these claims can involve complex analyses of how algorithms interact with alleged conspiracies. However, most of the Section 1 case law stems from traditional agreements and can be hard to apply to algorithmic collusion scenarios. This Article provides a framework that judges and other adjudicators might use to analyze the role of an algorithm in an alleged conspiracy without becoming bogged down in technical details early in the case. …

Stacking The Deck: Ai, Jury Selection, And The New Batson Problem, Alexandria Serra

Washington Journal of Law, Technology & Arts

Generative artificial intelligence has infiltrated jury selection right under our noses. What began as a passive data mining experiment has evolved into AI-powered jury selection tools that profile potential jurors by scoring, ranking, and recommending which citizens to exclude from jury service. Although these tools promise objectivity, they risk encoding the same racial and gender biases that Batson v. Kentucky sought to eliminate. Courtroom AI is here to stay. But when lawyers delegate peremptory strikes to statistical models trained on biased data, Batson becomes obsolete. No court can detect algorithmic bias that lacks discernible intent. No judge can analyze whether …

The Data Broker Loophole: Medicare’S Version, Ana Wacker

Washington Journal of Law, Technology & Arts

U.S. consumers participate in the exchange of less data privacy for the benefit of cheaper pricing, innovative services, and the illusion of choice. However, consumer choice at the expense of minimal data privacy has encouraged data broker markets to thrive on pure profit incentives. Seniors participating in Medicare enrollment feel the impact of these profit motives acutely. The Medicare enrollment process is littered with Third Party Marketing Organizations (TPMOs) who use lead generators to target seniors. With no consent, lead generators target Medicare eligible individuals and forward their personal information to insurance agents for a fee. The lead generators operate …

Taxonomy As Translation: Private Law In A Plural Legal Order, Ibtisaam Ahmed

Notre Dame Journal of International & Comparative Law

No abstract provided.

Brief Of Public Health And Health Law Scholars As Amici Curiae Urging Affirmance In Support Of Plaintiffs-Appellees, Rachel L. Zacharias, Zeinab Bakhet, Kevin Costello, Maya Manian

Amicus Briefs & Court Filings

INTRODUCTION: Physicians’ use of their judgment and expertise to prescribe drugs and devices for purposes other than those approved by the Food and Drug Administration (“FDA”)—colloquially known as off-label use—is an indispensable feature of modern medicine. The FDA approves drugs as “safe and effective for specific indications.” Christopher M. Wittich, Christopher M. Burkle & William L. Lanier, Ten Common Questions (and Their Answers) About OffLabel Drug Use, 87 Mayo Clinic Procs. 982, 982 (2012). Federal law then generally leaves prescribing decisions, including off-label use of FDA-approved drugs and devices for a patient’s particular indication, to physicians acting under state law …

Ndls Communicator: Week Of 07.13.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School holds sixth annual Notre Dame Religious Liberty Summit in Chicago
• Notre Dame Law Professors Offer Insight on Supreme Court Rulings
• Veronica Maska '26 J.D. wins 2026 Smith-Doheny Legal Ethics Writing Competition
• Funeral Services for Professor of Law Emeritus G. Robert Blakey

Alumni News

• Dennis Wieboldt '26 J.D.
• Devan Patel '20 J.D.

Faculty Briefs

• Notre Dame Law School and the Ukrainian Catholic University Faculty of Law jointly organized the conference "Rule of Law at the Time of a Change of Epoch: Case of Ukraine" at Notre Dame London on June 25–26.
• Derek Muller
• Sherif …

Extending Premerger Notification To Labor Markets, Eric A. Posner, Elena Prager

Coase-Sandor Institute for Law & Economics Research Paper Series

US antitrust law requires mergers above a certain size to be reported to the federal antitrust agencies for review prior to consummation. For decades, this premerger notification process and subsequent merger review focused nearly exclusively on product markets. In the last few years, the agencies have also begun to challenge mergers on their effects on labor markets. But the agencies’ ability to detect potential labor market harms is hampered by an absence of labor market information at the premerger notification stage. This article proposes specific types of information that the agencies could collect about labor markets in order to put …

Information Law, Ahmed Hidass

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

This paper examines the evolving scope of information law in response to the proliferation of media over the past three decades. The author, Ahmed Hidass, explores how the term "information" has expanded from its ordinary meaning—the act of gathering and disseminating knowledge—to encompass judicial procedures, scientific applications (including cybernetics and computing), and the broader field of communication. The paper highlights the conceptual confusion arising from the overlap between "information" and "communication," particularly influenced by the Anglo-Saxon school of media studies. The author defines information as the publication of knowledge or judgments through words, sounds, images, or any intelligible signs accessible …

Mandating Proactive Algorithmic Accountability: A Study Of Legal, Economic, And Technological Challenges In Combating Human Trafficking On Chinese Social Media Platforms, Haoyu Dong

Northwestern Journal of Human Rights

Human trafficking increasingly relies on digital platforms, where algorithms connect traffickers with buyers, amplify illicit content, and facilitate transactions at an unprecedented scale. Yet China's legal framework remains largely reactive, imposing liability on platforms only after illegal content has been detected and removed. This Article argues that such a notice-and-takedown approach is no longer sufficient to combat trafficking in an algorithm-driven online environment.

This Article proposes a proactive model of algorithmic accountability. It contends that digital platforms should be held legally responsible when they fail to design, monitor, and refine their algorithms to prevent the dissemination and amplification of trafficking-related …

Nil And Contract Law: Advising A Prospective College Athlete Through Competing Name, Image, And Likeness Agreements, Jason Kight, Marcy Faircloth, Lori Mikl, Rachel Silverman

The COSMA Journal

Name, Image, and Likeness (NIL) agreements have created significant financial opportunities for amateur and collegiate athletes while also introducing complex legal, ethical, and strategic decision-making challenges. This decision-focused teaching case places students in the role of trusted advisors to Archie Stafford, a highly recruited high school athlete who must evaluate and compare multiple NIL contract offers connected to his preferred college options. By analyzing NIL agreements, students assess contract enforceability, identify key legal and business risks, weigh legal, contractual, ethical, and reputational disclosure obligations, and formulate a reasoned recommendation aligned with Archie’s academic, athletic, financial, and long-term career goals. The …

Social Law Facing The Multi-Structural Nature Of The Labor Market, Jamal Eddine Tebbaa

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

A legal analysis of the foundations of social law in Morocco first requires understanding its social field of application—the employment market. A statistical study of employment, while useful, reveals above all the complexity of situations and statuses of the labor force, reframing the problem of social law in terms of how far legislation can adapt to the multi-structural nature of the labor market. This communication pursues three objectives: to assess the target population covered by current legislation; to identify the labor market's plural structure in order to understand how different legal and social forms of labor mobilization are articulated; and …

Unspent Donations In Donor Advised Funds - Policy Recommendation, Oriel Nolan-Smith

Hatfield Graduate Journal of Public Affairs

Billions of dollars are sitting in Donor Advised Funds, delaying support for charitable organizations seemingly at odds with the intent of U.S. charitable tax policy. With no requirement for annual distribution nor timelines for disbursement, Donor Advised Funds allow individual and institutional donors to postpone directing funds to charitable organizations - despite already claiming tax benefits. As a result, some DAFs distribute less than 5% of assets annually, while many of the institutions managing the DAFs continue collecting fees.

Two complementary policy interventions are recommended: (1) the issuance of a federal regulation requiring annual minimum distributions from all DAFs, and …

The Integration Of New Employees In An Uncertain And Complex Environment: A Renewed Approach To The Mentoring Process, Kaoutar Razzaq, Rhita Serir

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

In today's VUCA (Volatility, Uncertainty, Complexity, and Ambiguity) organizational environment, characterized by uncertainty, complexity, and rapid transformation, traditional onboarding mechanisms are no longer sufficient to effectively and sustainably support the integration of new employees. This article examines mentoring as a strategic lever for organizational socialization, knowledge transfer, and competency development among new recruits. Particular attention is given to the role of senior mentors, whose experience and expertise facilitate newcomers' assimilation of organizational norms, practices, and expectations while preserving institutional knowledge. The study argues that the effectiveness of the mentoring process relies on the integration of two complementary dimensions: a formal …

Public Administration 2.0: How Artificial Intelligence And Digitalization Are Reinventing Public Services, Raja Temnati

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

The rapid advancement of digital technologies and Artificial Intelligence (AI) is profoundly transforming public administrations, offering unprecedented opportunities to enhance the management, efficiency, and transparency of public services. AI enables the automation of administrative processes, the personalization of public services, and improved access to government resources for citizens. However, this digital transformation also presents significant challenges, particularly in terms of data security, infrastructure management, and digital inclusion. This article draws on case studies conducted in Niger, Quebec, Morocco, France, and Algeria, revealing contrasting outcomes. In some contexts, digitalization has improved access to public services, reduced administrative processing times, and strengthened …

The Impact Of Big Social Data On Optimizing The Marketing Strategies Of Moroccan Companies: Opportunities And Challenges, Leila Kissi, Hasna Benomar

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

With the rapid growth of social media and the increasing volume of data generated online, Moroccan companies face both significant opportunities and major challenges in leveraging Big Social Data. This exploratory study aims to examine the extent to which Moroccan companies integrate Big Social Data into their marketing strategies while identifying the opportunities they derive from its use and the obstacles they encounter. The findings reveal that, despite maintaining an active presence on social media platforms, the exploitation of Big Social Data remains limited, primarily due to technological complexity and a shortage of specialized skills. In response to these constraints, …

Customer Experience At The Heart Of The Moroccan Banking Revolution, Raja Temnati

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

This article examines customer satisfaction with Moroccan banks, particularly in the context of the growing digitalization of banking services. Based on a qualitative survey, it identifies the key factors influencing customer satisfaction, including the performance of online services, the speed of request processing, and the quality of interactions with bank advisors. The findings show that banks offering seamless and secure digital services while maintaining high-quality in-branch customer support achieve higher levels of customer satisfaction, loyalty, and corporate image. Conversely, banks with limited online services, high perceived fees, and inadequate branch service generate greater customer dissatisfaction. The study highlights the importance …

The University In Support Of Small Businesses Through The Recognition Of Entrepreneurs' Professional Experience (Rape) Framework, Mostafa Kharbachi

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

This article proposes a framework designed for entrepreneurs who previously operated in the informal sector before formalizing their businesses but who are unable, due to the limited age of their legal enterprises, to qualify for public or private procurement opportunities, as is the case for many micro-enterprises and self-employed entrepreneurs in Morocco. The proposed incentive mechanism, entitled the Recognition of Entrepreneurs' Professional Experience (RAPE), is also intended to support informal micro-enterprises wishing to transition into the formal economy through coaching and professional assistance. The paper presents the principles of this framework, whose implementation requires collaboration between public institutions, private organizations, …

Brand Content: A Strategic Lever For Improving The Marketing Performance Of Service Companies, Leila Kissi

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

This article investigates the influence of Brand Content on the marketing performance of service companies operating in increasingly competitive markets, where innovation and differentiation are essential for customer retention. The study examines the extent to which Brand Content serves as a strategic lever for enhancing key marketing variables, including perceived value, customer engagement, perceived service quality, and brand reputation. The findings indicate that Brand Content positively shapes customer perceptions by improving engagement, satisfaction, and loyalty. Furthermore, it plays a significant role in enhancing perceived quality and strengthening brand reputation. Overall, the study demonstrates that Brand Content is a strategic marketing …

Impact Of Celebrity Endorsement On The Behavior Of Banking Service Users, Salima Debbarh Mounir, Safaa Idmoussa

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

This article examines the impact of advertising campaigns using celebrity endorsement strategies on the behavior of banking service users. The study is based on a qualitative investigation conducted among both customers and non-customers of the selected banking institution. The findings indicate that the presence of celebrities in advertising can effectively capture public attention and significantly enhance brand awareness and recognition. However, celebrity endorsement alone is insufficient to ensure customer loyalty. Service quality and user experience remain the primary determinants of trust and long-term relationships between banks and their customers.

Digital Communication And Corporate E-Reputation In Morocco: Insights From A Case Study, Adil Cherkaoui, Ilham Boughaba, Yasmina Bennis Bennani, Sabah Khaoua

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

This article explores the impact of digital communication on the e-reputation of a Moroccan company. Its primary objective is to examine the complex dynamics and challenges associated with digital communication in order to strengthen online visibility and enhance customer engagement. The findings reveal that the company's current digital practices remain at an early stage of development and that significant efforts are required to improve its digital presence and reinforce customer engagement. In particular, the company should adopt a more proactive approach to managing customer feedback and strategically leverage online reviews to enhance its reputation. Furthermore, implementing market segmentation and personalized …

The Adoption Of Ethical Marketing By Moroccan Companies: A Temporary Trend Or A Strategic Challenge?, Hasnaa Benomar

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

To meet consumer expectations and address growing environmental concerns, many companies have adopted ethical marketing policies. These initiatives encourage consumers to associate their purchasing decisions with the support of causes that serve the public interest, thereby enhancing the company's image and reputation. However, have all companies truly recognized the significance of ethical consumption? Is ethical marketing a genuine commitment to respecting people and the environment, or is it primarily a strategic response to changing consumer behavior aimed at gaining a competitive advantage? These questions highlight the need to examine the role of ethical marketing within corporate strategy and to explore …

Hr Marketing: A Strategic Lever In The Face Of Labor Market Uncertainty, Fatima Zahra Alami, Kawtar Bouftass

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

In recent years, organizations have shown growing interest and increasing enthusiasm for Human Resource (HR) Marketing, a new approach to managing human capital within organizations. The human resources department has become a strategic function at the core of the organization, attracting the attention of all stakeholders and facing rising expectations in terms of performance, employee motivation, retention, and long-term organizational sustainability. In this context, human resource managers have increasingly adopted marketing principles and practices to attract prospective employees, facilitate their integration into the organization, and encourage them to remain with the company, particularly high-potential talent who are actively sought after …

Editorial : Innovation For Performance : Different Perspectives, Fatima Zahra Alami, Adil Cherkaoui, Raja Temnati

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

No abstract provided.

Le Droit D’Auteur Libanais : Entre Copyright Et Conception Personnaliste, Christophe Caron

Proche-Orient, Études juridiques

No abstract provided.

Avant-Propos, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.