Digital Commons Network^™

"How Do I Design My Law Course?": A Quick Guide For New Professors, Steven Arrigg Koh

Faculty Scholarship

How do professors start teaching law? This question is a particular challenge for new law professors, who often lack resources for course design. Written from the perspective of a recently tenured law professor, this Essay offers four major categories of decisions: semester structure, classroom, final exam, and “professorial personality.” It argues that, for each decision, reasonable minds can differ. This Essay also provides some personal reflections on the decision-making to illustrate how one professor might weigh various considerations in course design. A final Appendix is a checklist for new professors.

Between Blockchain And Black Markets: South Africa's Legal Readiness For Crypto-Driven Cyberfraud, Sagwadi Mabunda, Yassin Chande

Communications of the IIMA

This paper examines whether the proliferation of cryptocurrency-facilitated fraud warrants a reclassification of the terrestrial crime of fraud into the distinct statutory offence of cyberfraud under South African law. Engaging with established fraud typologies — exit scams, Initial Coin Offering (ICO) scams, Ponzi schemes, pump-and-dump schemes, and market manipulation — the article tests their definitional fit against both the common law of fraud and section 8 of the Cybercrimes Act 19 of 2020. Through a hypothetical composite scenario combining multiple fraud typologies, the article demonstrates that whilst cryptocurrency significantly amplifies the reach and complexity of fraudulent schemes, it functions primarily …

Child Welfare History Of Prison Inmates Would Provide Meaningful Data For Foster Care Policy Research And Planning, Maggie Zehring

Student Scholarship

Child welfare intervention in the United States continues to operate distinctly different in each states and community without a full picture of the overall system’s efficacy. While federal and state agencies collect extensive information on children’s movement in and out of the foster care system and related adjudication, there lacks a nationwide understanding of how kids fare after exiting the system. This note argues that Departments of Correction (DOC) nationwide should collect child‑welfare history from incarcerated individuals as part of existing intake procedures and regularly communicate the data for the federal Children’s Bureau to aggregate for longitudinal analysis of foster …

Agents, Inc., Kevin Werbach

Villanova Law Review (1956 - )

No abstract provided.

Ending Randomized Outcomes: Using Consumer Protection Laws To Regulate Video Game Loot Boxes And Monetization Practices That Target Children, Dennis Reilly

Villanova Law Review (1956 - )

No abstract provided.

Ndls Communicator: Week Of 09.08.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Exoneration Justice Clinic Client Iris Seabolt Exonerated
• Law professor Randy Kozel to succeed Tricia Bellia as Chair of Faculty Board on Athletics and NCAA Faculty Athletics Representative

Faculty Briefs

• Mary Ellen O'Connell
• Lloyd Mayer
• Derek Muller
• Kari Gallagher
• Msgr. John Paul Kimes
• David McIlroy
• Dennis Wieboldt '26 J.D.

Events

• Law & Economics Workshop - Janka Deli, UC Berkeley: Breaking Rules, Building Trade? Rule of Law Decline and Export Resilience in the European Union
• Faculty Colloquium - Clara Martins Pereira, ND London Law
• IGP: Lunch & Learn: Frederick Mostert 12:30 p.m., 1310 Biolchini Hall

Looking Ahead …

Reconstructing The Enforcement Of The Code Of Ethics For General Elections In Indonesia: A Prophetic Law Perspective, Fradhana Putra Disantara, Ratih Listyana Chandra, Aan Efendi, Iwan Rachmad Soetijono, Souad Ahmed Ezzerouali

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This research examines the reconstruction of ethical code enforcement for election organizers in Indonesia through the perspective of prophetic law, arguing that ethical adjudication should extend beyond procedural compliance by integrating humanization, liberation, and transcendence as normative foundations of substantive justice. Employing doctrinal legal research, the study uses statutory, conceptual, case, and comparative approaches. It compares Indonesia's regulatory framework with the ethical governance systems of India and the United States to identify institutional models that strengthen integrity while respecting distinct constitutional traditions. The findings demonstrate that ethical adjudication differs fundamentally from administrative law: it governs the forum internum of election …

More Than A Call: Why The Martha Wright-Reed Act Falls Short In Reforming Prison Communication, Carrington Wilkes

Georgia Criminal Law Review

In response to widespread criticism of exploitative prison communication costs, Congress enacted the Martha Wright-Reed Just and Reasonable Communications Act of 2022 (the “Act”). This legislation tasked the Federal Communications Commission (“FCC”) with establishing fair rates for phone and video calls made by inmates in jails, prisons, and immigration detention centers. While the Act marks a critical step in reducing financial burdens on incarcerated individuals and their families, it does not cover other widely used communication methods, such as electronic messaging, emails, and tablet-based platforms. These newer services remain largely unregulated, enabling private companies to impose excessive fees due to …

Expert In The Box: Keeping The Lid On Unchallenged Testimony, Derek L. Busch

Georgia Criminal Law Review

A juror with specialized knowledge carries the potential to infringe upon the trial rights of the accused, provided to them by the Sixth Amendment and incorporated to the states through the Fourteenth Amendment. These rights include the right to an impartial jury and the right of confrontation, recognized since the founding of the first colonies. When a juror possesses relevant professional expertise or background information regarding evidence adduced at trial, there is a risk in how the juror will use this personal knowledge in deliberations. Particularly, there is a concern the juror will use their knowledge to add information, rather …

Officer-Created Jeopardy In Corrections: Rethinking Use-Of-Force Review After Barnes V. Felix, Dr. Hayden Smith

Georgia Criminal Law Review

Courts typically evaluate correctional uses of force by zooming in on the last seconds before impact, asking what an officer reasonably perceived at the “moment of threat.” That frame obscures a basic feature of jail and prison operations: officers’ pre-force tactical choices often create or sharply heighten the risks that force is later used to manage. Building on Barnes v. Felix’s rejection of a rigid moment-of-threat rule and the broader state-created-danger line, this Article argues that officer-created jeopardy should be treated as a central component of constitutional and institutional review in corrections. It shows how Barnes, read alongside DeShaney, Kingsley, …

Deepfakes, Deep Trouble: Navigating Legal Boundaries For Child Pornography Prosecution In The Age Of Ai, Alexandra Hoffman

Georgia Criminal Law Review

This Comment explores the evolving legal landscape of child pornography law as it pertains to “nudify” apps and other AI-generated content. It examines foundational cases in child pornography law that allowed child pornography materials to bypass First Amendment constraints, the “lascivious exhibition” standard, and recent precedents allowing courts to prosecute morphed images. This Comment analyzes the viability of prosecuting “nudify” images, arguing that a holistic approach focusing on the child’s overall harm is the best analytical framework rather than one that solely focuses on the sexual nature of the image. In doing so, it emphasizes that the identifiability of the …

Modernizing And Clarifying Family Laws: The New Jersey Law Revision Commission’S Examination Of Self-Representation, Domestic Violence, And Parental Rights, Barbara B. Rivera, Whitney G. Schlimbach, Candy Ley Velazquez, Kyle M. Ryan

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Recreational Cannabis In The Workplace: The Importance Of Implementing Clear Standards For Employers To Determine Whether Employees Are Impaired At Work, Jessica Shinski

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Mythbusting Cybersecurity Information Sharing And Antitrust, Terence Check

Journal of Business & Technology Law

No abstract provided.

Programmed To Please, Optimized For Obsession, Ela Ender

Journal of Business & Technology Law

No abstract provided.

The Colorado River Water Supply Crisis In A Few Graphs: Part 2 Agricultural Water Use In The Lower Basin, Jack Schmidt, Anne Castle, Eric Kuhn, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

Reductions in Lower Basin water use during the last four years, including

forecast use in 2026, are similar to the initial targets for Lower Basin shortages

described in the Final Environmental Impact Statement for Post-2026

Operational Guidelines and Strategies for Lake Powell and Lake Mead (FEIS)

and the accompanying Record of Decision (ROD).

6 Lower Basin consumptive

use in 2023, 2024, and 2025, and forecast for 2026 has been the smallest for

the entire 2010-2026 period. These four years of smallest use are between 1.4

and 1.7 million acre feet/year (maf/yr) less than the 7.50 maf/yr amount

generally recognized as …

Tone From The Tip Of The Top: Board Committees And Ethical Culture, Susan A. Supina

Journal of Business & Technology Law

No abstract provided.

A Look Inside The Nba’S Game-Changing Technical Foul: The Warner Bros. Discovery And Nba Broadcast Rights Dispute And How It Could Have Been Resolved Through Alternative Dispute Resolution, Nicola Coates

Pepperdine Dispute Resolution Law Journal

Despite being “the greatest studio show in sports TV history” and winning numerous Emmy Awards, the TNT Sports icon Inside the NBA was on the brink of disappearing. In 2024, the National Basketball Association (NBA) opted into a $77 billion contract with NBC, Amazon, and Disney’s ESPN, ending its forty-year relationship with Warner Brothers Discovery (Warner Bros. Discovery), the parent company of TNT Sports. Warner Bros. Discovery filed suit, alleging that, by rejecting its offer in favor of NBC, Amazon, and Disney, the NBA breached the parties’ 2014 media rights agreement, which included a right to match third-party offers. The …

Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue

Pepperdine Dispute Resolution Law Journal

The article addresses a pivotal moment for the labor-management arbitration profession. As demographic changes and the growing complexity of labor relations coincide with a decline in the number of qualified arbitration professionals, Professor La Rue emphasizes the critical role senior arbitrators play as mentors and gatekeepers for the next generation. The piece explores mentorship models, including the traditional “Legacy Method” and initiatives designed to expand opportunities for underrepresented groups, such as the Ray Corollary Initiative. The article also offers actionable recommendations to advance disclosure and transparency, including: (1) reducing barriers to entry for new arbitrators; (2) establishing a formal mentorship …

Cultural Considerations: A Discussion Of Schematic Information Processing In African Plea Bargaining, Emma Joy Mcarthy

Pepperdine Dispute Resolution Law Journal

Plea bargaining is a prominent form of alternative dispute resolution: it is the method of resolution for nearly 98% of criminal convictions in the United States and is growing in popularity worldwide, including across the continent of Africa. In many ways, plea bargaining reflects traditional restorative justice models practiced in Africa prior to the introduction of adversarial and retributive Western practices. This comment discusses schematic information processing, exploring how cultural influences shape the schemas held by members of African nations in contrast to Western ways of thinking. A deep value for community and an emphasis on relationships is at the …

National Security Law, Ogra Cadet, Geoffrey Goodale, Laurence R. Hull, Renee Latour, Barbara Linney, Jonathan Meyer, Guy C. Quinlan, Minji "Mj" Shin, Christopher Vallandingham, Bonnie C. Weinstein

The Year in Review

No abstract provided.

International Family Law, Robert G. Spector, Melissa A. Kucinski

The Year in Review

No abstract provided.

Middle East, Kelly Blount, Harry Baumgarten, Nicolas Bremer, Gaurav Redhal, Seyed Mohsen Rowhani, Howard L. Stovall, Catherine Van Kampen

The Year in Review

No abstract provided.

Africa, Anne Bodley, Zachary Combs, Vanessa Suarez Galvés, Lucie Guégan, Charlotte Favaro, Sara Frazão, Laverne Lewis Gaskins, Tyler Holmes, Lincon Majogo, Myriam Mossi, Julien Naginski, Galindo Aliyo Ruhiyyah, Ricardo Alves Silva, Tania Tossa, Carneil Wilson, Chitalu Yalobi, José Diogo Sampaio

The Year in Review

No abstract provided.

Women's Interest Network, Julie King, Christine Korper, Abiola Afolayan, Marie Elena Angulo, Michela Cocchi, Angela M. Gallerizzo, Dolly Hernandez, Margaret Kamm, Dana Katz, Kendra Muller, Sierra Paola, Vanessa Romero Rocha, Aina Serret, Sandhya Taneja, Catherine Van Kampen

The Year in Review

No abstract provided.

International Litigation, Jonathan I. Blackman, Carmine D. Boccuzzi, Theodore J. Folkman, Phillip B. Dye Jr., Matthew D. Slater, Mark Mcdonald, Ari Mackinnon, Igor V. Timofeyev, Joseph R. Profaizer

The Year in Review

No abstract provided.

International Criminal Law, International Courts, And Judicial Affairs, Manish N. Bhatt, Giovanni Chiarini, Katherine Maddox Davis, Beth Farmer, Timothy Franklin, Cyreka C. Jacobs, Stéphane De Navacelle, Sara L. Ochs, Alexander S. Vesselinovitch, Melissa Ginsberg, Marc Weitz, Julie Zorrilla

The Year in Review

No abstract provided.

International M&A And Joint Ventures, Renata Antiquera, Jason Saltzman, Sydney Dennis-Birnbaum, Francisco Ugarte, Alejandra Daroch, Luigi Pavanello, Pawel Sikora, Anton Dzhuplin, Kristina Akalovich, Natella Kortiashvili, Albert Garrofé, Idoya Fernández, Lola Tejero, Mark Howard

The Year in Review

No abstract provided.

Canada, Jacob Mantle, Danny Yeo, Peter Jarosz, Tayler Farrell, Gannon Beaulne, Megan Steeves, Adam Mauntah, Salma Kebeich

The Year in Review

No abstract provided.

A Principled Approach To Equitable Compensation Undea Principled Approach To Equitable Compensation Under Erisa § 502(A)(3)R Erisa § 502(A)(3), Gabriel Juedemann

University of Chicago Law Review

In many cases, a beneficiary of an employee benefit plan suffers an injury due to a fiduciary’s misfeasance, but the beneficiary does not have a claim under ERISA’s benefit-recovery provision. In these circumstances, the beneficiary’s only path to relief is § 502(a)(3)’s authorization of “appropriate equitable relief.” But whether that provision permits monetary compensation when a beneficiary sues a fiduciary is a question the Supreme Court has not cleanly resolved, and circuit courts have fractured as a result.

This Comment argues that equitable compensation—or surcharge—should be available under § 502(a)(3) when a beneficiary sues a fiduciary, but only under certain …