Digital Commons Network^™

Compensating Regulatory Losers, Todd S. Aagaard

Faculty Publications

Every change in government regulation creates benefits and burdens that fall unequally on the population. This unequal distribution raises the question of whether fairness requires compensating those who bear regulatory costs—what is known as the “compensation problem.” The extensive body of scholarship addressing the compensation problem tends to focus only on the burdens of regulatory compliance and ignores the burdens of injuries left unaddressed by regulation. The effect of this differential treatment is to treat past regulatory windfalls as permanent entitlements and to omit from the analysis equally deserving regulatory losers who have suffered the consequences of unregulated harms. This …

Human Rights For The Twenty-First Century, Marcus Moore

All Faculty Publications

In this article, I explore the way that traditionally dominant conceptions of human rights have been rendered inadequate in the 21st century through the example of contemporary threats to the freedom of thought arising from the Information Revolution. The sequence of the article is: an initial section provides background on freedom of thought as one of the most fundamental but overlooked of human rights, and reflects on the myriad ways in which it is imperiled by processes enabled or amplified by the current Age of Information. I then draw on this example to demonstrate why it is vital to move …

Generating More Equitable Fair Use, Jacqueline Kessel

Pepperdine Law Review

From advancing healthcare and education to threatening democratic systems, generative artificial intelligence (AI) has demonstrated a capacity to positively and negatively impact society. And these benefits and consequences are not shared equitably. Copyright law, however, stands as a powerful mechanism in monitoring AI system development. Several complaints have charged generative AI system developers with copyright infringement, alleging that (1) ingesting copyrighted works as training data infringes the copyright owner’s exclusive right to reproduce works in copies and (2) generating AI outputs infringes the exclusive right to prepare derivative works because the outputs are based upon the works on which the …

What Copyright Can't Do, Blake E. Reid

Pepperdine Law Review

Copyright has become a powerful regulatory regime for modern American life. Copyrighted works, including text, images, video, sounds, music, and software, coupled with routine, frictionless copying, form a large part of the information, cultural and social context, and infrastructure of our increasingly digital society. Copyright law’s powerful remedies are now positioned to intervene in a wide range of everyday activities. As a result, scholars, policymakers, and advocates have increasingly called for modifying and applying U.S. copyright law to solve a wide range of public policy problems, from vindicating disability rights to protecting privacy to promoting competition among wireless carriers. But …

Detecting Ideological Bias In Trump's Tweets: Trump's Peace Plan As A Case Study, Amer Qasem

Middle East Journal of Communication Studies

This study aims to explore the extent of ideological bias in the discourse of elected U.S. President Donald Trump on social media platforms, specifically Twitter (now known as X), regarding his peace plan, commonly referred to as the "Deal of the Century." The study employs Critical Discourse Analysis (CDA) to examine all of Trump’s tweets related to the Deal of the Century, seeking to answer the following research questions: How did Trump portray the parties affected by the deal in his tweets? What rhetorical strategies did he employ to present the deal? The analysis spans the period from the announcement …

The Use Of Artificial Intelligence Applications By Media Students In Palestinian Universities And Their Achieved Gratifications “A Field Study”, Said Shaheen Allani, Ahmad Al Sallaq

Middle East Journal of Communication Studies

The study aimed to identify the extent to which media students in Palestinian universities use artificial intelligence applications and the achieved gratifications from it. The study belongs to the descriptive studies approach utilizing questionnaire as a tool for collecting data, for an available sample of (165) individuals that were distributed in five Palestinian universities. The study reached to; (54.5%) of media students in Palestinian universities use artificial intelligence applications, they use it for several reasons, the most important phrase is “it helps me to produce good digital content,” with a relative weight of (47.4%), it also achieves a number of …

Media Frameworks In Addressing Environmental Issues On Al Jazeera Net Website: An Analytical Study, Sabah Al Harahsheh

Middle East Journal of Communication Studies

This study aimed to recognize the media frameworks used to address environmental issues on (Al Jazeera Net) between 2009 and 2024. The study relied on the descriptive survey method, the theory of media frames, and the content analysis as a method and tool. The study population consisted of all articles, reports and interviews published on the (Al Jazeera Net) throughout the period specified by the study. A purposive sample was selected from the articles, reports and interviews interested in environmental issues only, which numbered eighteen journalistic works. The study identified the most important frameworks that presented the environmental issues during …

The Mediating Role Of Remote Communication On The Relationship Between Electronic Human Resource Management Practices And Organizational Performance In Iraqi Commercial Banks, Shuhub Basel Ahmad Taqa

Middle East Journal of Communication Studies

This study aimed to measure the impact of remote communication as a mediating variable on the relationship between electronic human resources (e-HRM) and organizational performance in Iraqi commercial banks. The study adopted a descriptive-analytical approach, with the study population consisting of managers, their deputies, and department heads in Iraqi commercial banks, totaling 242 individuals distributed across 24 commercial banks by the end of 2023. A total of 234 questionnaires were analyzed, achieving a response rate of 96.7%. The study employed Smart PLS software for data analysis and result extraction. The study revealed several key findings, the most significant of which …

The Tax Redistribution Gap, Eric Baudry

Fellow, Adjunct, Lecturer, and Research Scholar Works

The tax revenue gap—the difference between how much the IRS collects in tax revenue and how much it should collect based on the text of the Internal Revenue Code—is both well-defined and well-studied. But raising revenue is just one purpose of taxation; the tax code also operates to redistribute wealth. Drawing from the tax revenue gap and redistribution literatures, this article coins a parallel concept, the tax redistribution gap, to map the extent to which the tax system falls short of its redistributive goals.

Introducing a tax redistribution gap measure challenges background assumptions in current tax discourse: first, it would …

The Professional Employer Organization As Dispute System Designer: Mandatory Arbitration In The Co-Employment Context, Ursula Ramsey

University of Miami Business Law Review

A professional employer organization (“PEO”) provides payroll, employment tax, and human resources services to its small to mid-sized business clients. Today, more than 200,000 businesses employing 4.5 million people utilize a PEO’s services. A common PEO strategy is to require co-employees of the PEO and its client companies to agree to mandatory arbitration provisions despite criticism that mandatory employment arbitration lacks public accountability, has lower win rates for employees, and may fail to protect due process. Mandatory arbitration is one method of dispute system design, a term that describes the selection and development of processes by which a company chooses …

If You Can’T Beat Hemp, Join Hemp: A Policy Argument For A Federal Regulatory Framework Encompassing Intoxicating Hemp Derivatives And Marijuana And Why Re-Scheduling Marijuana Isn’T The Answer, Frances Alaina Rodriguez

University of Miami Business Law Review

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized industrial hemp and its downstream uses by removing hemp from the definition of marijuana under the Controlled Substances Act (CSA). Its enactment led to the explosion of a multi-billion dollar intoxicating hemp derivatives (IHD) market. This boom, combined with growing state–level marijuana legalization, presents a unique opportunity for comprehensive federal cannabis reform.

This Note argues that the traditional pathways for marijuana legalization—rescheduling through the Controlled Substances Act or state-by-state legislation—are inadequate given the emergence of a federally legal but largely unregulated IHD industry. Instead, this Note proposes a unified federal …

Like Oil And Water: How The Guyana-Venezuela Border Dispute Impacts Foreign Oil Investors, Aisha Jehaludi

University of Miami Business Law Review

Guyana, a hidden gem located on the northern coast of South America, is an emergent nation primarily known as the land of many waters. However, in 2015, this hidden gem captured international attention when the country struck liquid gold: oil. The discovery put Guyana on the map as an attractive foreign investment opportunity, and over the last ten years, Guyana has gone from being one of the poorest nations in South America to the nation with the world’s fastest growing economy.

This economic boom, fueled by foreign oil companies, also caught the attention of Guyana’s neighboring country, Venezuela. On December …

Human Rights Concern In International Investment Law: A Study Of Indian International Investment Agreements, Varun Chhachhar, Monika Negi, Prashant Singh, Niharika Kumar

Indonesian Journal of International Law

The interaction of human rights and investment protection obligations in international investment law is on the rise. Human rights have been cited in claims and defenses of the parties and in the reasoning of the tribunals. Since majority of international investment agreements lack clarity and do not express the use of the term ‘human rights’, experts question the legitimacy of such usage. Given the alleged backlash and ongoing reforms in international investment law, the lack of human rights concern in international investment law needs proper investigation. This paper investigates the issue in the Indian context. After the adoption of its …

In-Depth Analysis On Strengthening Sanctions For Fisheries Violations In Indonesia: Challenges, Obstacles, And Reform, Maya Shafira, Muhammad Akib, Fx Sumarja, Ahmad Irzal Fardiansyah

Indonesian Journal of International Law

Illegal, Unreported, and Unregulated (IUU) Fishing remains a significant challenge for Indonesia, posing threats to its marine resources, economic stability, and national sovereignty. This study examines the enforcement of sanctions against fisheries violations in Indonesia from an international legal perspective. It explores how Indonesia aligns its regulatory framework with global legal instruments, such as the United Nations Convention on the Law of the Sea (UNCLOS), the Port State Measures Agreement (PSMA), and regional agreements within ASEAN. The research identifies key challenges, including legal inconsistencies, enforcement limitations, and jurisdictional complexities, which hinder the effective prosecution of fisheries crimes. It also analyzes …

The Roots And Risks Of Domestic Violence: A Holistic Review For Law Enforcement, Kiley Elsenpeter

Master of Arts in Human Services

Domestic violence (DV) is a global issue that disproportionately impacts women, producing harmful consequences for victims, families, and the community. DV involves a multifaceted interplay of individual, social, cultural, and policy elements, with intimate partner violence (IPV) representing the primary risk factor for intimate partner homicide (IPH), highlighting male-perpetrated DV as a focal concern. This review of existing literature thoroughly elucidates the predominant roots, consequences, and risk factors associated with DV, underscoring the significance of cultural awareness, trauma-informed care (TIC), and the application of evidence-based risk assessment tools within law enforcement (LE) frameworks. LE officers are uniquely positioned to detect …

A Quiet Revolution In Intellectual Property Value And Protection: Cybersecurity Law’S Continuing Rise, Michael S. Mireles

Seton Hall Law Review

No abstract provided.

Assisted Outpatient Treatment: A State-By-State Comparative Review, E. Lea Johnston, Autumn Klein

Cleveland State Law Review

Assisted outpatient treatment, otherwise known as preventive outpatient commitment, is rapidly expanding across the United States, aiming to address mental health needs and reduce homelessness, hospital costs, and community violence. Since 2019, fifteen preventive outpatient commitment statutes have been passed or expanded. These statutes, which authorize courts to mandate community treatment for nondangerous individuals with mental illnesses, have evaded close scrutiny, rest on misconceptions, and raise significant constitutional concerns. An analysis of legislative debates, court opinions, and scholarship reveals a fundamental misunderstanding about the prevalence of these laws, which contributes to their speedy passage. Additionally, no analysis exists of these …

“Very Little Cause At All”: The Erosion Of Job Security For Ohio Teachers, Philipp Corfman

Cleveland State Law Review

As education becomes an increasingly divisive partisan issue, with teachers caught in the crossfire, it is more important than ever that teachers have protection from unfair or politically-motivated terminations. The Ohio Teacher Tenure Act was enacted 80 years ago to give teachers this essential job security. However, this Note examines the bizarre fact that, after a recent series of state court opinions, the Act now gives Ohio teachers less job security than other unionized public employees. By essentially forbidding adjudicators of teacher terminations from considering proportionality, length of service, and due process, these holdings leave teachers in a far more …

Yoder In Brooklyn? Rapidly Expanding Free Exercise Jurisprudence, New York State School Regulations, And Hasidic Yeshivas, Jonathan Acampora

Seton Hall Law Review

No abstract provided.

Mmu: 04/28/25–05/04/25, Student Bar Association

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Science And Causality In Technology Litigation, J. Nathan Matias, Jonathon W. Penney

Articles & Book Chapters

No abstract provided.

Immoral Hazards, John Aloysius Cogan Jr.

Seton Hall Law Review

No abstract provided.

True Threats Of Coercive Control: Stalking Communications, Counterman V. Colorado, And The First Amendment, Myron Minn-Thu-Aye

Seton Hall Law Review

No abstract provided.

When Less Information Is Actually More: A Modest Proposal For Securities Reform, Daria Beshentseva

Seton Hall Law Review

No abstract provided.

"Regarding" Thirty-Eight Months To Nowhere: The Need For Congressional Revision Of The Provisional Waiver Process, Omar A. Serrano

Seton Hall Law Review

No abstract provided.

The Unwanted Child: A Historical Note, Lawrence M. Friedman

Cleveland State Law Review

Historically, the illegitimate child was unwanted: was "filius nullius," or nobody's child—a child without rights, and socially stigmatized. In many ways, both law and society conspired against these children. But both literature and the living law demonstrated that, in the 19th century, there were pockets of sympathy and understanding for these children. And the status of the illegitimate child changed over the years: both with regard to inheritance rights, and to position in society. Adoption law also made the unwanted, wanted—at least by the adopting parents. The marital status of parents became legally and socially more and more irrelevant over …

Her Bun + My Oven = Our Child: Protecting The Legal Parentage Of Lgbtq+ Mothers And Their Children Conceived Via Reciprocal In Vitro Fertilization In Ohio, Courtney Hutchinson

Cleveland State Law Review

This Note discusses legal parentage in Ohio for two-women couples who expand their families via reciprocal in vitro fertilization or egg-sharing, where one woman is the genetic parent and the other is the gestational parent. Currently, the gestational mother is guaranteed legal parentage at the time of the child’s birth, while the genetic mother must petition the court for a formal adoption to protect her legal rights. A thorough review of court precedent regarding same-sex marriage makes clear that the public policy of Ohio permits two women to share in the legal rights of parentage. Furthermore, Ohio courts have regularly …

From Center Stage To Starting Wage: Structuring Salary Transparency Legislation To Benefit The Performing Arts Industry, Emma Taylor

Seton Hall Law Review

No abstract provided.

Whither Leviathan? The Seepage Of Constitutional Law Into Public-Private Arbitration In The United States, Peter B. Rutledge

Scholarly Works

The chapter analyses how constitutional law influences private-public arbitration in the United States. Its central thesis is that constitutional law exerts a powerful indirect influence on arbitration law. While the US Constitution does not directly regulate arbitration, its underlying norms—such as separation of powers, federalism, and individual rights—impact arbitration law indirectly. The chapter explores the ways in which these constitutional principles influence public-private arbitration through statutory interpretation, treaty design, and private protocols reflecting constitutional norms. This pattern of influence manifests itself in public arbitration (i.e. arbitration involving states or state-owned entities) just as it does in private arbitration. Highlighting how …

Ndls Communicator: Week Of 04.28.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Hosts Inaugural Affinity Alumni Reunion Weekend
• Yusef Salaam shares message of justice, faith, and legacy at Notre Dame Law School
• American Constitution Society selects ND Law's Varun Cidambi as a 2025 Next Generation Leader
• Faculty profile: Professor Svitlana Khyliuk, leading expert in criminal justice and the European human rights system

Faculty Briefs

• Last week, Paolo Carozza was interviewed by a variety of news outlets in connection with 11 new published decisions by the Meta Oversight Board.
• Carter Snead appeared over the weekend on LiveNOW from FOX in a ten-minute interview about the direction …