Digital Commons Network^™

Noneconomic Tort Damages And Biased Beliefs About Vulnerability To Harm, Roseanna Sommers, Nathan Cheek

DePaul Law Review

The American tort system aspires to provide fair compensation to injured plaintiffs, regardless of socioeconomic status, race, religion, or gender. Recent experimental evidence from psychology suggests, however, that factfinders consistently judge identical harms as less severe when experienced by individuals of lower socioeconomic status (SES). People presume, for instance, that a paper cut hurts a wealthy person more than a less well-off person, that domestic violence inflicts greater suffering on a high-SES woman than a lower-SES woman, and that bullying harms a fiveyear- old from a high-SES family more severely than one from a low- SES family. This Essay examines …

The Contemporary Tax Journal Volume 15, No. 1 – Summer 2026

The Contemporary Tax Journal

No abstract provided.

Punishing The Pursuit Of Punitive Damages: The Constitutional Flaws In Montana's Punitive Pleading Bar, Colin P. Spear

Montana Law Review

No abstract provided.

The Montana Supreme Court, The Montana Legislature, And Judicial Reform, Brit Englund

Montana Law Review

No abstract provided.

The Montana Supreme Court – The Statistics, Simon Mcmahon, Bryn Sokoloski

Montana Law Review

No abstract provided.

Significant Montana Cases, Claire Bagnell, Meredith Iams

Montana Law Review

No abstract provided.

2026 Hon. James R. Browning Distinguished Lecture In Law: Pride And Precedent: Some Thoughts On Judging, Danielle J. Forrest

Montana Law Review

No abstract provided.

The Seven Deadly Sins Of Ai Policy, Kevin Frazier

Montana Law Review

No abstract provided.

Legislating In The Child's Best Interests: Senate Bill 466 And The Increasing Significance Of Court Appointed Special Advocates In Dependency And Neglect Proceedings, Montana Casa/Gal Association

Montana Law Review

No abstract provided.

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. …

From Automation To Adjudication: Evaluating The Role Of Artificial Intelligence In Dispute Settlement, Karem Sayed Aboelazm, Muayad Ahmad Obeidat, Raghda Raafat, Nada Zuhair Alfil, Fady Tawakol

All Works

This paper explores the evolving transition from automation to adjudication by examining the role of artificial intelligence (AI) in dispute settlement processes. It assesses how AI can enhance procedural efficiency, support judicial reasoning, and improve access to justice. Adopting a qualitative and interpretive approach, the study analyzes academic scholarship, policy frameworks, and comparative international practices to understand the integration of AI within judicial and quasi-judicial settings (Abedi et al., 2025). The findings suggest that while AI significantly improves administrative processes and provides valuable decision-support tools, it also raises critical concerns regarding algorithmic bias, lack of transparency, and the risk of …

From Mandela To Meta: Democratization Of The Right Of Publicity, Persona, And Image Rights In Cyberspace, Frederick W. Mostert, Lea Leisure

Notre Dame Journal of International & Comparative Law

No abstract provided.

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 …

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 …

A Review Of Juvenile Solitary Confinement In The United States: Why Developmental Science Supports Banning Isolation Of Youth, Morgan R. Wagner, Krystia Reed, April Thomas

Northwestern Journal of Human Rights

The use of solitary confinement in carceral settings has been prevalent in the United States for as long as the justice system has been in place. The practice of isolating people who are incarcerated from the general prison population was adopted in the juvenile justice system as well, despite the system’s purported focus on rehabilitation. This paper reviews the developmental psychological literature suggesting that solitary confinement can harm adolescents in a variety of ways (psychological, psychosocial, and physical). We then discuss the prevalence of juvenile solitary confinement in federal and state courts. Finally, considering this research, we identify goals for …

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 …

Signal And Substance: Why Methodological Sophistication Fails To Guarantee Inference, Aamir Rashid, Rizwana Rasheed

Publications and Research

Despite increasing analytical sophistication, empirical research in organization studies continues to suffer from fragile inference, uneven theoretical accumulation, and contested credibility. This paper seeks to explain why these problems persist by shifting attention from authors’ methodological choices to the evaluative dynamics of peer review. Adopting a conceptual and theory-analytic approach, the paper theorizes peer review as an inferential gatekeeping system. Drawing on research design, theory evaluation, and philosophy-of-science literatures, this study develops an analytical framework to examine how evaluative routines shape what constitutes empirical rigor during the review process. The analysis identifies five recurring reviewer blind spots: inferential scope inflation, …

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 …

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.

Universal Jurisdiction And The Principle Of Subsidiarity, Michael P. Scharf, Elise Manchester, Pilar Sofia Corso

International Law Journal

In an effort to render universal jurisdiction more palatable, in recent years States have applied the so-called subsidiarity principle. Under this principle, States exercising universal jurisdiction defer prosecution of international crimes to a State which has a stronger connection to the case, normally the State where the crimes were committed or the State of nationality of the accused, provided one of those States is able and willing to pursue the case. Through a study of the statutes and caselaw of States applying universal jurisdiction, this Article seeks to discern whether subsidiarity is merely a non-binding political concept, an emerging (or …

Perpetual Statehood Among Rising Tides: The Case Of Tuvalu And The Future Of Statehood, Sovereignty, And Maritime Bounds In The Face Of Unprecedented Climate Crisis, Caroline Crawford

International Law Journal

As climate change threatens the physical existence of low-lying island nations, the question of whether a country can retain statehood without territory becomes increasingly urgent. Tuvalu, facing potential submersion by 2050, has amended its constitution to declare perpetual statehood, challenging traditional international legal definitions that link sovereignty to physical territory. This Article examines the legal implications of Tuvalu’s declaration and explores whether current frameworks, including the Montevideo Convention, selfgovernance, the presumption of continuity, the Lotus principle, and the United Nations Convention on the Law of the Sea (“UNCLOS”), can accommodate such a claim. It advocates for legal innovations such as …

Toward A Private Law Of Intimates' Obligations, Emily J. Stolzenberg

Faculty Publications

When former cohabitants ask courts to distribute property at the end of a nonmarital relationship, they usually lose—even when the partners were as economically intertwined as spouses. Family law scholars have traditionally criticized these cases in terms of longstanding gendered ideas about family relationships. This Article proposes a complementary account at the intersection of feminist and private law theory: that the law of voluntary obligations is not adequately developed to protect intimates’ cooperation. Although marital status law aims to safeguard thick cooperation between spouses and contract law captures a range of more market-based cooperation, for historically contingent reasons, little doctrine …

Ganti Rugi Immateriil Dalam Wanprestasi Di Antara Kepastian Hukum Dan Keadilan (Putusan Nomor 183/Pdt.G/2023/Pn Smg Dan Nomor 629/Pdt.G/2020/Pn Jkt.Sel), Martha Elisa Novianti Tambunan, Abdul Salam

Lex Patrimonium

Although Article 1243 of the Civil Code limits compensation for breach of contract to material damages, judicial practice reveals a disparity in addressing immaterial damage claims. This study analyzes judicial considerations in the Semarang District Court (housing dispute) and South Jakarta District Court (bag business dispute) decisions using Economic Analysis of Law and Gustav Radbruch’s Legal Philosophy. The results indicate a rational Functional Dualism. The Semarang Court adopted a progressive stance by granting the claim for substantive Justice, justified by the Radbruch Formula to correct injustice regarding basic human needs. Conversely, the South Jakarta Court adopted a positivistic stance by …

Tinjauan Hukum Tentang Penerapan Bunga Moratorium Dalam Kasus Pelanggaran Perjanjian Jual Beli (Studi Kasus Putusan Nomor 56/Pdt.G/2024/Pn Byl), Sayidatina Kheista Abigail Arifin, Akhmad Budi Cahyono

Lex Patrimonium

The legal definition of a contract is a legal act whereby two or more parties bind themselves, originating from Article 1313 KUHPerdata In civil law, there are many classifications of contracts which must satisfy four essential conditions for validity: capacity, consent, a specific subject matter, and a lawful cause. When a contract is breached by one of the parties, it is termed breach of contract. It is categorized into three types: total non-performance of the agreement, improper performance of what was promised, or late performance by the debtor. In cases where a party is harmed by the default, that party …

The Final Payroll: Human Resources, Meet Machine Resources, Sarah Yee

Student Journal of Information Privacy Law

As artificial intelligence (AI) becomes increasingly embedded in employment practices, particularly in hiring and screening, the need for robust regulatory frameworks is urgent. This Article focuses on the growing use of AI in workplace decision-making, highlighting the risks of algorithmic bias and discrimination. It argues that while the United States lacks a unified legal approach to governing AI in employment, the European Union (EU) has taken a more proactive and comprehensive stance. Through instruments like the proposed EU AI Act and existing data protection laws such as the General Data Protection Regulation (GDPR), the EU imposes meaningful obligations on employers …

Blurred Lines: How Mandatory Arbitration Clauses In Termsof Service Agreements Undermine Privacy Law Frameworks, Owen Curnin

Student Journal of Information Privacy Law

Following the birth of the Federal Arbitration Act–which made arbitration agreements valid, enforceable, and irrevocable in courts of law–mandatory arbitration clause use in commercial, consumer, and employment contracts exploded. These types of clauses require parties to submit all disputes arising out of or related to a contract to an impartial third party. This third party, known as the arbitrator, reviews the facts, listens to the parties’ arguments, and makes a final, binding decision resolving the dispute. Corporations have long relied on mandatory arbitration clauses to resolve disputes privately and confidentially, often hoping to avoid the public scrutiny and accountability associated …

Like, Share, & Comply: Recommendation Algorithms & Ftc Enforcement Authority, Alexandra Logan

Student Journal of Information Privacy Law

As recommendation algorithms and generative artificial intelligence become central to digital platforms, the Federal Trade Commission has, in the past, increasingly signaled its intent to regulate emerging technologies under Section 5 authority to prevent unfair or deceptive acts or practices. This paper examines how companies may face Federal Trade Commission scrutiny when algorithmic design, personalization systems, or public representations result in consumer harm. Drawing on case studies involving TikTok, Facebook, Snapchat, and others, the paper explores the limitations of plaintiff litigation under Section 230 of the Communications Decency Act and examines this potential avenue of expanding federal administrative enforcement. It …

Legal Deserts Over Time, Cory L. Dodds

Maine Law Review

Legal deserts—counties with exceptionally low attorney availability—shape housing stability, personal safety, health outcomes, and economic security in rural communities. Yet, national scholarship has not yet determined whether attorney scarcity is transient or durable and relies largely on cross-sectional snapshots and population-based headcounts benchmarked to the American Bar Association’s (ABA) threshold of one attorney per 1,000 residents. These measures can obscure temporal dynamics, overstate functional supply, and embed contested normative assumptions about adequacy. This Article offers a national, longitudinal, and definition-sensitive analysis of legal deserts using county-level data from the forty-eight contiguous states at three observation points. Attorney supply is measured …