Digital Commons Network^™

Kennelly V. Mid Coast And The Maine Law Court's Erroneous Ruling On The Discoverability Of Redacted Patient Info, John Blegen

Student Journal of Information Privacy Law

This paper examines a recent Maine Law Court decision, Kennelly v. Mid Coast, in which the Law Court held that the medical records of individuals not involved in a lawsuit, even when redacted of identifying materials, are protected from discovery orders in a malpractice lawsuit, where the records would be used to demonstrate a standard of care to be expected of the administering doctor. It then examines the privacy interests individuals retain in their redacted healthcare records more broadly, in part to emphasize the large variety of contexts in which this issue can come up, and also to show how …

Friend Or Tether: How Regulation Can Cut The Strings Of Manipulative Chatbots, Steve Hammerton

Student Journal of Information Privacy Law

In the time since AI chatbots and other LLMs became widely available to the public, there has been a pattern of deaths linked to interactions with this technology. While it was settled in early 2026, Garcia v. Character Technologies serves as a case study of how AI chatbots can negatively prey on vulnerable groups in the absence of interventions to mitigate harmful AI behaviors and tragic human outcomes. There is not a singular approach to regulating the harmful effects of predatory chatbots; however, this paper advocates for a harms-based regime influenced by protections in human-subject research. In a sense, AI …

Civil Rights And The Edtech Revolution, Kirsten Mettler

Student Journal of Information Privacy Law

Education technology (EdTech) products, like grading software and plagiarism detectors, have increasingly led to concerns over discrimination issues in schools. While, in some instances, schools can be held liable under the federal education civil rights statutes for these harms, that solution is insufficient. EdTech companies should themselves be held responsible. EdTech companies have not historically been understood to fall under these federal statutes, but this Article argues these companies can appropriately be governed by these laws as “recipients” of federal financial assistance. Most EdTech companies should qualify as “recipients” of federal financial assistance under one of three theories: they are …

Significant Montana Cases, Noah Durnell, Rachael Dean

Montana Law Review

No abstract provided.

Factors For Patient Trust And Acceptance Of Medical Artificial Intelligence, Ana Bracic, Kayte Spector-Bagdady, Sophie Towle, Rina Zhang, Cornelius A. James, Nicholson W. Price Ii

Articles

Artificial intelligence (AI) is increasingly used in clinical care, but widespread adoption requires patient trust. Trust may be enhanced through systemic governance mechanisms or frontline clinicians providing a human in the loop for AI oversight. However, it is unclear how different approaches specifically influence patient trust in the use of medical AI. The objective is to determine the extent to which patient trust in and choice of medical scenarios involving AI are associated with governance mechanisms, clinician presence, performance, and data quality.

The End Of Peremptory Strikes?: Free Exercise And Religion-Based Batson Challenges, Jeremy Ross

Montana Law Review

No abstract provided.

Strangulation And Domestic Violence: The Critical Need For A Forfeiture By Wrongdoing Rule In Montana, Andrew King-Ries

Montana Law Review

No abstract provided.

Contesting National Security In Geopolitical Rivalry, Ji Ma

Montana Law Review

No abstract provided.

Konvensi Tentang Tanggung Jawab Internasional Kerusakan Disebabkan Oleh Benda-Benda Angkasa, K. Martono S.H., Ll.M., H. Sirait S.H.

Jurnal Hukum & Pembangunan

Abstract

Evaluating The Impact Of A Lend-Based Family Mentorship Program For Pre-Service Professionals, Matthew Bogenschutz, Sarah Lineberry, Jackie Robinson Brock, Flip Grey, Kathryn Flinn

Developmental Disabilities Network Journal

Family-led pre-professional mentoring programs have been shown in past literature to have multiple positive outcomes, including better provider communication, increased sensitivity to the needs and contributions of family members in clinical settings, and better understanding of disability policy contexts among professionals. Yet there have been relatively few examples of exemplary programs that have developed successful models for family mentoring of pre-service professionals. Using qualitative evaluative data from one such program, a component of a Leadership Education in Neurodevelopmental and Related Disabilities (LEND) program, this study shares the experiences of both families and trainees. Common themes shared between these two groups …

“Today’S Video Is Sponsored By: Child Labor” The Need To Expand Federal Child Labor Protections To Online Content Creation, Zayda Torres Barrios

St. John's Law Review

(Excerpt)

The Fantastic Adventures YouTube channel, owned by Machelle Hobson, had grown to almost 800,000 subscribers and over 250 million views by 2019. The channel’s content featured Hobson’s seven adopted children in entertaining weekly ten-to-fifteen-minute skits where they did things like pretend to be superheroes and have lightsaber battles. However, things were not as blissful as they seemed as Hobson was arrested in March 2019—facing thirty child abuse related charges. The police said the children were “malnourished” and had been withdrawn from school for many years to have more time to film videos for their family channel. The probable cause …

Ladies First? The Tax Code Says Otherwise Tax Policy And The Cost Of Economic Dependence, Doron Narotzki, Tamir Shanan

St. John's Law Review

(Excerpt)

First, inclusion and equity policies—such as anti-discrimination laws, affordable childcare, or education access—increase people’s participation in the labor market and thus increase federal and state revenues. Second, ultimately, tax law is not just a mechanism for raising revenue. It actively shapes economic and social realities. By acknowledging the ways in which it has reinforced outdated structures, we can also recognize its untapped potential. If designed differently, tax policy could—and should—serve as more than just a fiscal tool. It could foster economic autonomy, address inequalities, better reflect the needs of a changing society which includes, among other factors, a transition …

The Takings Clause And The Environment, Timothy M. Harris

St. John's Law Review

(Excerpt)

Congress and state legislatures have been slow to address growing cries for increased environmental protections. Climate change and the attendant sea-level rise, wetland protections, cleanup of hazardous substances, and protections for species listed under the Endangered Species Act often require extensive regulation of private lands to be effective. The political will to implement environmentally conscious regulations varies with election cycles and social mores, but there is a legal—constitutional—impediment that overrides these political winds. The Fifth Amendment’s Takings Clause frequently creates an insurmountable budgetary obstacle to broad land use restrictions that may otherwise be implemented to protect the environment.

Government …

The Authoritarian Semiotics Of The New Campus Mask Bans, Rob Kahn

St. John's Law Review

(Excerpt)

In 2024, students took part in protests for and against Israel’s military actions in Gaza. Some protests were disruptive and violent— most were not. In response, calls arose across the country to ban masks. In New York, a broad organization of civil rights groups called for a statewide mask ban under the hashtag #UnmaskHateNY, while New York Governor Kathy Hochul—with the support of New York City Mayor Eric Adams—called for a mask ban on the New York City subways. There were also calls in North Carolina and Los Angeles for new, or enhanced, mask bans. Meanwhile, Ohio’s Attorney General …

We May Need To Run A Few More Tests: Artificial Intelligence In Medicine Is Here And What Should Happen If Dr. Robot Makes A Mistake, Jenna Hidalgo

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Steeped In Conflict: Exploring How The United States’ Ratification Of The Icescr Could Promote International Human Rights, Particularly In The Tea Industry, Phoebe Appel

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Evolution Of Indian Bilateral Investment Treaties: Pre And Post Revision Of Model Bit, S.R. Subramanian

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Segi Hukum Dalam Pengendalian Pencemaran Lingkungan Hidup, Soerjono Soekanto

Jurnal Hukum & Pembangunan

Abstract

Pertanggungjawaban Terhadap Delik-Delik Ekonomi, Prof. Dr. A. Zainal Abidin F., S.H>

Jurnal Hukum & Pembangunan

Abstract

Civil Liability In Airbnb Transactions And The Legal Gaps In Consumer Protection In Vietnam, Tuan Ngoc Tran

International Journal on Consumer Law and Practice

The rapid growth of the collaborative or sharing economy has posed numerous challenges to traditional legal systems, particularly in relation to short-term accommodation. As a decentralized, intermediary platform, Airbnb raises complex legal issues concerning the allocation of civil liability, enforceability of contracts, and mechanisms for consumer protection. In the context of Vietnamese law, where there is a lack of clear regulatory frameworks to govern digital platforms, consumers risk having their rights infringed without effective legal remedies. The article focuses on three core issues: the legal classification of hosts on Airbnb, the enforceability of clickwrap contracts, and the cross-border enforceability of …

Ndls Communicator: Week Of 03.02.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Exoneration Justice Clinic Client Reginald “Reggie” Dillard Exonerated After 27 Years of Wrongful Imprisonment

Student News

• William Branson Donahue
• Dennis Wieboldt
• Perla Khattar
• Nicolás Buitrago-Rey

Faculty Briefs

• Carter Snead
• Diane Desierto
• Mary Ellen O'Connell
• Francisco Urbina
• Rick Garnett
• David McIlroy
• Paolo Carozza
• Ashley Sanchez

ND Law in the News

• Several outlets highlighted the Notre Dame Law School Exoneration Justice Clinic’s work in the exoneration of clinic client Reggie Dillard.

Events

• Law & Technology Seminar: Raúl Madrid, Professor of Law and Director of the Program on Law, Science, and Technology at the Pontificia Universidad Católica de …

The U Visa At 25: Legislative Missteps, Bureaucratic Neglect, And Geographic Roulette, Jason A. Cade

Scholarly Works

A quarter century ago, Congress created the U visa with dual goals: protecting immigrant crime victims and facilitating law enforcement cooperation by removing deportation barriers to crime reporting. Yet the program as implemented has fallen dramatically short of these aims. This Essay provides the first comprehensive analysis of the U visa's structural failures at its twenty-fifth anniversary. Two fundamental design flaws plague the program. First, Congress capped U visas at 10,000 annually-far below actual need-while the immigration agency has consistently failed to implement congressionally-authorized interim protections. The result is that, as of 2025, applicants wait five years for work authorization …

Hukum Lingkungan & Pengelolaan Lingkungan Laut Oleh Pemda Dki Jakarta, Zen Umar Purba, S.H., Ll.M.

Jurnal Hukum & Pembangunan

Abstract

Pembangunan Hukum Lingkungan (Dalam Mengiringi Terbitnya Dasawarsa Lingkungan Ke=Ii), Prof. Dr. Mr. St Munadjat Danusaputro

Jurnal Hukum & Pembangunan

Abstract

Collar Correction For Lenity: Modifying The Rule Of Lenity To Promote More Equitable Application To White-Collar And Blue-Collar Defendants, Brennan Corriston

Fordham Law Review Online

Centuries ago in England, when most crimes were punishable by death, judges—aware of the unfairness of this system—construed penal statutes narrowly. This was “to stem the march to the gallows” and to protect citizens from this overly harsh regime. From these harsh origins arose the rule of lenity, which instructs that when the scope of a criminal statute is ambiguous, courts should select the less harsh—i.e., more lenient—interpretation of the statute. This principle can serve constitutional functions: lenity safeguards due process by ensuring that the public has fair notice about the reach of criminal laws, and it safeguards separation of …

Canaries In The Coal Mine: Rural Women, Maternal Health, And The Future Of Feminist Coalition Building, Lisa R. Pruitt

UMKC Law Review

No abstract provided.

The Oral History Of Bill Miller, Bill Miller

UNLV Gaming Law Journal

No abstract provided.

Betting The House: Why The Safe Bet Act Is A Long Shot To Survive Constitutional Scrutiny Under The Commerce Clause And Anti-Commandeering Doctrine, Jared Weingard

UNLV Gaming Law Journal

The rapid expansion of legalized sports gambling following Murphy v. NCAA has raised concerns about problem gambling, predatory marketing, and inconsistent state regulations. In response, the SAFE Bet Act, introduced by Representative Paul Tonko, seeks to impose nationwide standards on sports betting. However, its framework raises significant constitutional concerns under the Commerce Clause and the anti-commandeering doctrine. This Article argues that the Act’s enforcement mechanism likely violates the Tenth Amendment by coercing states into compliance, conflicting with Supreme Court precedent on federal conditional spending and preemption.

Given these vulnerabilities, this Article explores three alternative approaches that would achieve similar regulatory …

High Stakes And Holy Land: Mormonism, Igra, And The Gamble On Tribal Gaming In Utah, Cianne Wallin

UNLV Gaming Law Journal

No abstract provided.

Update On Colorado Non-Compete Agreements For Dentists, Josh Austin

Metro Denver Dental Society Articulator Magazine

Colorado’s Senate Bill 25-083 (SB 83) makes non-compete and non-solicitation agreements unenforceable for associate dentists, regardless of compensation. While non-competes tied to the sale of a dental practice or minority ownership remain valid if reasonable, most employment-based restrictions are now void. The law also preserves dentists’ rights to inform patients of their new practice and maintains penalties for non-compliance.