Digital Commons Network^™

Comment - When Three For Tango Is Too Much: An Employee’S Constitutional Right To Privacy, An Employer, And A Representative Union, Edo Eshet

Comparative Labor Law & Policy Journal

IN THIS SHORT COMMENT, I would like to inquire about the boundaries of the representative union’s mandate regarding protecting the employee’s right to privacy. I will briefly present Emanuele Dagnino and Matthew Bodie’s articles and then explore the ability of the representative union to deal with the employee’s constitutional right to privacy (Bodie, 2025; Dagnino, 2025).1 This comment will focus on the Israeli legal representation model, which may provoke intriguing questions concerning other jurisdictions. So, let us begin our dance.

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.

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 …

W(H)Ither Regulation? Hither To The Tax System, Tracey M. Roberts

Pace Environmental Law Review

In a series of cases decided in the last three years, four delivered in 2024 alone, the U.S. Supreme Court has directed a withering gaze toward the federal administrative state. In West Virginia v. EPA, the Court both curtailed Executive Branch regulatory authority and mandated that Congress draft with greater statutory clarity and specificity under their recently developed major questions doctrine. Under Ohio v. EPA, the Court placed on administrative agencies the burden of extraordinary vigilance in addressing comments as part of the regulatory promulgation process. In Loper Bright v. Raimondo, the Court overturned Natural Resource Defense Council v. Chevron, …

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 …

Death Before Breath: Courts Should Add De–Escalation And Proportionality To The Graham Factors, Nakyshia Fralin

University of Miami Race & Social Justice Law Review

This paper examines Barnes v. Felix, a case recently before the Supreme Court, through a comparative analysis of various circuit courts’ applications of the Graham factors in use–of–force evaluations. Beginning with a historical overview of policing, the paper revisits the factual background of the case before delving into the Fifth Circuit’s analysis, known as the Moment–of–Threat doctrine. It then contrasts this approach with the broader “totality of the circumstances” approach, highlighting the differing judicial interpretations. Building upon these established frameworks, the paper proposes two additional factors aimed at promoting human life and safety. By introducing these elements, the analysis seeks …

Deterring Prison Versus Police Civil Rights Violations: Legal Challenges, Public Policy, And Institutional Failures, Natalie Kemper

University of Miami Race & Social Justice Law Review

The status of incarcerated individuals falls categorically below that of non-incarcerated individuals in our society, yet most would agree they deserve protection from governmental abuses of power. This Note evaluates the current legal, institutional, political, and societal circumstances that contribute to the immense difficulties faced by individuals alleging civil rights violations under the Eighth Amendment, primarily through the avenue of U.S.C. § 1983. Due to similarities in civil rights claims, this Note compares the barriers faced by incarcerated plaintiffs to those encountered in police misconduct claims, highlighting key discrepancies that undermine accountability and deterrence.

A primary barrier is the significantly …

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.

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 …

Frameworks For Repatriation: Moving Beyond Nagpra, Ashley Joplin

Electronic Theses and Dissertations

Museums and similar federally funded educational institutions have been collecting human remains since the Enlightenment era in the 1800s. Since then, these institutions have developed various collections practices that have encouraged the collection of human remains. Often unethical in nature, these collections have harmed historically marginalized communities, such as Indigenous and African American communities. While the ethics of collecting have been under scrutiny for decades, it was not until 1990 under the Native American Graves Protection and Repatriation Act (NAGPRA) that mainstream attention was drawn to the ethics of collections practices.

This thesis explores these collections practices and the repatriation …

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 …

Incubators Of Innovation: Finding A Place For Title Ix In Religious Charter Schools, Emily Bass

Duke Law Journal

Since the early 1990s, many people across the country have embraced charter schools as "incubators of innovation." Charter schools are publicly funded, tuition-free, K–12 schools that have more flexibility than traditional public schools in curriculum, staffing, and more. With this flexibility, charter schools constantly test new approaches, aiming to inspire educational reform.

In recent years, some have begun calling for a new kind of charter school: the religious charter school. In May 2025, the Supreme Court deadlocked in Oklahoma Statewide Virtual Charter School Board v. Drummund, a case involving St. Isidore, the nation's first explicitly religious charter school. For …

Patent Monopsonies, Roy Baharad, Gideon Parchomovsky

Duke Law Journal

Conventional wisdom perceives patent protection as a necessary evil. Patent protection, the argument goes, raises the prices of patented products and processes, thus restricting access to innovation. But without it, not enough innovation will be produced. Hence, generations of scholars have sought ways to curb the market power of patentees via various legal interventions, such as prizes, compulsory licenses, and other forms of regulation. All have tacitly assumed that eroding the market power of patentees would result in a competitive market for innovation that would put an end to the allocative inefficiencies and distributional inequities that emanate from patent protection. …

Perfect Strangers: Improving Access To Justice By Regulating Third-Party Litigation Funding And Forced Arbitration, Benedict W. Luongo

Duke Law Journal

The rising cost of litigation and the Supreme Court's expansion of forced arbitration leave vast swaths of consumers and civil rights plaintiffs without an adequate path to the only forum with the independence to fairly decide controversies: courts. This access-to-justice gap presents an opportunity for third parties seeking to profit from litigation to provide funding to support plaintiffs' litigation costs in exchange for an interest in the judgement or settlement. But third-party litigation funding mostly benefits businesses, and it does not help plaintiffs overcome forced arbitration. Many who acquire third-party funding realize that they are victims of a new form …

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 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 …

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 …

What's My Age Again? The Curious Case Of Natalia Grace And The Constitutional Void In Re-Aging Law, Lauren Gay

Et Cetera

When a child’s legal age can be judicially reclassified without rigorous procedural safeguards, the foundations of American due process erode. This article explores the alarming constitutional vacuum exposed by the case of Natalia Grace, an adopted Ukrainian child whose age was legally reclassified from eight to twenty-two without procedural safeguards such as a hearing, legal counsel, or evidentiary testing. Unlike competency or parental rights proceedings, re-aging decisions lack uniform standards, judicial transparency, or appellate recourse. This article argues that re-aging implicates fundamental liberty interests and must be governed by heightened due process protections. Drawing on comparative models from guardianship and …

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 …

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 …

Learning By Doing: The Importance Of Thoughtful And Limited Generative A.I. Use In The Il Legal Writing Classroom, Luke Repici

Faculty Publications

Technological advances that impact lawyers day-to-day work are nothing new. From typewriters, dictaphones, and computers to electronic legal research, email, and e-discovery, new technologies have changed the nuts and bolts of how lawyers practice for decades. Previous technologies may have replaced the pen with the typewriter and supplanted the letter for the email, but the lawyer remained the one doing the work. For more junior lawyers, this meant assigned tasks – reading cases, drafting motions, dictating client updates, summarizing discovery, and creating deposition outlines – could not be outsourced to technology.

The emergence of generative artificial intelligence (“Gen AI”) presents …

Face Card Declined: The Deepfake Threat To Biometric Security In Financial Systems, Hazel Fernandez

Washington and Lee Law Review Online

Once limited to entertainment and disinformation, deepfakes are now extending into the financial sector, where voice and facial impersonations exploit biometric authentication systems to facilitate fraudulent transactions. This evolution exposes gaps in existing legal and regulatory frameworks, raising critical questions about consumer protection and institutional safeguards. This Note argues for a reconceptualization of deepfake harms as both a privacy and a financial security issue. It examines the illusion of consent generated by synthetic impersonation and insufficient statutory protections. The analysis examines the patchwork of federal, state, and international laws governing data privacy and artificial media, highlighting the gaps that allow …

Preventive Transparency In Third-Party Litigation Funding, Seth Katsuya Endo

Northwestern University Law Review

For years, efforts to comprehensively regulate third-party litigation funding have been unsuccessful. But bills requiring mandatory disclosure are being introduced in Congress, and the Advisory Committee for Civil Rules has finally agreed to take up the issue. By grounding the discussion of third-party litigation funding in both the broader civil procedure and professional responsibility scholarship, this Article identifies an easy, uncontroversial reform to preventively address the categorical concerns raised by the practice. The primary contribution is a doctrinal intervention, identifying how legal ethics are an integral part of federal civil procedure and then drawing out the implications for third-party litigation …

Control As A Constitutional Threshold: Moody V. Netchoice And The Case For Human Authorship, Giselle Goad

Northwestern University Law Review

The Supreme Court’s 2024 decision in Moody v. NetChoice, LLC left a critical question unanswered: when do algorithmic outputs on social media platforms, such as recommended posts and videos, constitute the platform’s protected speech under the First Amendment? This Note contends that courts and litigants should borrow from the First Amendment’s speech-promoting partner, copyright law, and its authorship framework when answering that question. Copyright doctrine has already begun to grapple with how much human control is required over expressive outputs generated with the aid of technology, including AI, in order for an author to receive copyright protection over those outputs. …

The Search Of A Search: Moderating Reverse Internet Keyword Warrants, Tui Rademaker

Northwestern University Law Review

Statistics show that Americans consistently turn to Google and other search engines to answer their most personal and private concerns, yet a new investigative tool risks law enforcement having vast discretion in the access of this data. With a keyword warrant, law enforcement can request from a search engine provider (usually Google) a list of probative search queries that users made over a specified time period. Such warrants are beginning to face legal challenges, and so far, courts seem reluctant to recognize the constitutional implications—instead leaving law enforcement with greater potential discretion over their use.

This Note assesses the constitutionality …

Malapportionment: A Murder Mystery, Daniel Wodak

Northwestern University Law Review

Malapportionment—electoral districts with divergent ratios of people to representation—was ruled to be unconstitutional in a widely venerated series of cases before the Warren Court. Those cases held that a principle of political equality, one person, one vote, is required by the Constitution. But what is the content of that principle? Many Justices and commentators declare that it is vague, empty, circular, or meaningless. This creates a murder mystery. Malapportionment was killed, but by what exactly? This Article seeks an answer by focusing on the Supreme Court’s commitments about the scope and strictness of one person, one vote: it …

Governors Slightly More Bound? A Critique Of The Uniform Law Commission's Model Public-Health Emergency Authority Act, Paul A. Diller

Kentucky Law Journal

No abstract provided.

Courting Jural Rights: The Kentucky Constitution And The Super Common Law Of Torts, Sarah L. Swan

Kentucky Law Journal

No abstract provided.