Digital Commons Network^™

The Institutional Production Of Ethical War Across Modern Conflict, Katerina Udov

Binghamton University Undergraduate Journal

This paper argues that modern warfare operates through an ethical infrastructure that enables, rather than restrains, the use of violence. Contrary to the common assumption that moral frameworks such as Just War Theory function as safeguards against harm, the historical record shows that ethical language, humanitarian rhetoric, and democratic narratives serve as mechanisms to legitimize intervention, manufacture consent, and naturalize civilian suffering. Through case studies including Vietnam, Iraq, Afghanistan, U.S.-backed coups in Latin America, and French intervention in Mali, the paper traces how political leaders, media institutions, and corporate actors frame war as a moral necessity while pursuing strategic and …

Masthead, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Decoupling Innovation From Regulation: Why The U.S. Needs A General Statutory Experimental Use Exception, Shahrokh Falati, Ph.D.

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Regulating Manipulative Design Is Not Preempted By Cda 230 Or The First Amendment, Brett Frischmann, Peter Ormerod

Faculty Publications

For over two decades, there has been a heated debate among legal scholars, activists, judges, and others about the scope of Section 230 of the Communications Decency Act. A persistent theme in those debates has been hyperbolic claims about the necessity of immunity from state laws for digital tech platforms and fearmongering that anything less than maximum immunity will destroy the Internet.

This Article argues that states retain considerable discretion to regulate digital platforms’ design and engineering decisions. We argue that manipulation, engineered behavior, and even habituation and normalization of engineered behavior by digital platforms are content-agnostic harms attributable to …

Volume 16 Issue 2 - Full Issue

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Art Of Misuse: Could The European Union Benefit From The U.S. Copyright Doctrine?, Isabella Fazio

Notre Dame Journal of International & Comparative Law

No abstract provided.

Direct Representation And Negotiorum Gestio In Scots Law, Jonathan Brown

Journal of Civil Law Studies

The Scottish Court of Session recognized, in 1887, that “it is a frequent case, if a man is not able to manage his affairs, and has a relative who is willing to take the responsibility, there are many instances in which, without their coming to the court… the management goes on with his assistance.” This being an arguably frequent occurrence has not resulted in it being a commonly litigated occurrence, and the topic of law engaged by this state of affairs—negotiorum gestio—is critically understudied within Scotland (and, arguably, other Civilian and mixed legal systems). Like Louisiana, Scotland is a ‘mixed’ …

The Creation Of Immovable Real Rights By Testament In Kosovo: A Comparative Approach, Bedri Bahtiri, Kastriote Vlahna

Journal of Civil Law Studies

The establishment of real rights over immovable property constitutes a central issue in contemporary civil law. This paper investigates whether a testament (testamentum) may function not merely as an instrument for the mortis causa transfer of existing real rights but also as a juridical title (titulus iuris) capable of constituting new real rights (constitutio iuris). The analysis emphasizes the doctrinal distinction between the transfer of ownership (translatio dominii) and the creation of rights (constitutio iuris) within the legal framework of Kosovo, further examined through a comparative lens with the German Bürgerliches Gesetzbuch (BGB) and the French Code Civil.
Drawing on …

Collaboration, Coopération Et Intérêt Commun : La Fluidité De L’Exigence De Bonne Foi En Droit Égyptien Et Français Des Contrats, Rana Mohammad Safi

Journal of Civil Law Studies

Le contrat, étant la source d’obligation primordiale dans la société, a connu une évolution remarquable depuis le XIXe siècle. Créant des obligations réciproques, le contrat peut être perçu sous un prisme antagoniste, chaque contractant veillant à ses propres intérêts avant les intérêts du cocontractant. Cependant, le droit des obligations connut une émergence des devoirs contractuels, notamment avec l’introduction de la bonne foi, renforcée au cours du temps pour inclure, en plus de l’honnêteté, les devoirs d’information, de loyauté et de coopération. Certains ont même considéré que cette évolution a conduit à une « crise du contrat » affaiblissant le fondement …

Restrictions For The Modern-Day Child: Act 456, No. 162, Implementing Social Media Restrictions For Minors Under 18 In Louisiana, Elizabeth Kelone

Journal of Civil Law Studies

Student Note

Cover, Masthead & Contents

Journal of Civil Law Studies

Contents

Editorial, Olivier Moreteau

Journal of Civil Law Studies

For the first time since the pandemic, the Journal of Civil Law Studies returns to publishing two issues per year, enabling faster publication.

Revisiting The Genesis Of French Louisiana: It’S No Coincidence The Civil Code Was Adopted—We Ain’T Anglos!, Warren Perrin

Journal of Civil Law Studies

This article examines how Louisiana’s distinctive civil law tradition survived the Louisiana Purchase and became embedded in the state’s identity through the interaction of culture, migration, and political compromise. Tracing the development of French Louisiana from the Acadian diaspora to statehood, the article argues that the adoption and preservation of the civil code was not accidental, but rather the product of a deeply rooted Francophone and multicultural society resistant to Anglo-American common law traditions. The study highlights the influence of major historical figures including Thomas Jefferson, William C.C. Claiborne, Julien Poydras, Casa Calvo, and Edward Livingston, while also emphasizing the …

La Place De La Loi Dans Le Code Civil De 1804 : Regard Rétrospectif, Mustapha Mekki

Journal of Civil Law Studies

La loi était conçue en 1804 comme le modèle normatif. Elle était la reine des sources et remplissait une noble fonction pédagogique et morale. Ce constat pouvait être fait également du code civil louisianais. Avec le temps, la concurrence entre les sources, le pluralisme juridique, la globalisation, le dogme de l’efficacité, ont-ils eu raison de cette fonction modèle attribuée à la loi au début du 19e siècle ? Cette étude s’efforce d’exposer cette loi mise à l’épreuve et de présenter ce qu’il reste de ce modèle normatif dans notre paysage juridique.

Civil Code Reforms And Sources Of Law: The French And Quebec Experience Compared, Pascale Deumier, Mathieu Devinat

Journal of Civil Law Studies

Can civil codes be reformed “like any other piece of legislation?” A comparison of the French and Quebec experiences illustrates the methodological challenges that arose from civil code reform projects for the Civil Code of Québec during the last two Centuries. It also reveals the complex relationship that jurists have with “their” own civil code, in a civil law context.

The Civil Law English Terminology (Civlet), A Louisiana Gift To The World, Olivier Moreteau

Journal of Civil Law Studies

In the early 19th century, Louisiana codified its civil law in French and in English. In the 20th century, it translated French civilian doctrine and then produced its own civilian literature in English. Over time, lawmakers and translators have crafted and refined new English legal terminology suited to expressing civilian concepts, thereby setting aside common law terminology. Quebec joined the process once Canada imposed bilingualism, while other English-speaking mixed jurisdictions also contributed. This article shows how, outside the common law English terminology (COMLET), a civil law English terminology (CIVLET) is developing, and is also enriched by a comparative law English …

Digital Surveillance In Remote Work In Ukraine: Privacy And Labor Law, Olena Sereda, Olena Ye. Lutsenko, Dmytro Sirokha, Liubov Kotova, Iliana V. Zinovatna

Journal of Civil Law Studies

This study aims to examine the balance between employers’ rights to monitor employee performance and employees’ rights to privacy in the context of remote work, emphasizing the transformation of labor relations under the influence of digitalization, the COVID-19 pandemic, and martial law in Ukraine.
The research applies comparative legal analysis, synthesis, induction, and deduction to explore international experiences, particularly those of the EU and the United States, and their applicability to Ukrainian labor legislation. The methodology integrates doctrinal legal research with an interdisciplinary perspective on digital governance and employment law.
The paper reveals a significant gap in Ukrainian labor law …

Jurisprudential Approach To The Concept Of Intent In Greek Law 3869/2010 (Personal Bankruptcy) With Comparative Perspectives, Andreas-Nikolaos Koukoulis

Journal of Civil Law Studies

Under Law 3869/2010 in Greece, fraud plays a central role in determining eligibility for debt relief. The law aims to protect individuals from banking practices that have led them to over-indebtedness, except for those who know they cannot or do not wish to repay their debts. Fraud is defined as a subjective element that must be proven by the creditor, highlighting behaviors such as willful avoidance of payments despite having the means to do so. The evaluation of the debtor's actions is examined for intent, particularly considering factors such as the debtor's lack of experience or understanding. Greek courts emphasize …

Variations On Property And Power: Corporations, Absolute Dominium, And Partus Sequitur Ventrem In The 1825 Louisiana Civil Code, John A. Lovett

Journal of Civil Law Studies

Over the past year, the Louisiana legal community has celebrated the bicentennial of the 1825 Louisiana Civil Code with enthusiasm, observing its solidification of the civil law tradition in Louisiana and documenting its importance in the spread of civil law throughout the Americas. This Article focuses on three areas of the 1825 Civil Code that have generally not attracted significant scholarly attention in Louisiana but that have important socio-legal significance. 
First, the Article addresses twenty articles appearing toward the end of Book I of the Civil Code that allow, define, and regulate corporations. Even though private corporations were still rare …

Family Court Proceedings In Baton Rouge, Charlotte Chapel

Journal of Civil Law Studies

Student Note

Complete V. 18.1

Journal of Civil Law Studies

Complete Issue

Act 464 Of The 2023 Regular Session: Prohibition On Acquisition Of Immovable Property By Foreign Adversaries, Miguel Savoy

Journal of Civil Law Studies

Student Note

Lytle Trust Et Al V. Gerry R. Zobrist & Jolin G. Zobrist Family Trust Et Al, 142 Nev. Adv. Op. 50 (July 2, 2026), William Mcadorey

Nevada Supreme Court Summaries

Under NRS 22.100(3), attorney fee awards under the lodestar method are generally calculated using the billed rate the prevailing party is actually charged, absent distinct circumstances.

An Evaluation Of The “Police Response To Uncrewed Aircraft Systems Operations” Online Training Program, Anthony Galante, Leila Halawi

Publications

This study evaluates the impact of the “Police Response to Uncrewed Aircraft Systems Operations” online training program of officers from the Daytona Beach Police Department (DBPD). By measuring the effectiveness of the training through pretest and posttest assessments and considering variables such as educational background, length of service, and rank, this research underscores the training’s potential to enhance UAS response capabilities. Employing a self-selection sampling method, the study engaged 82 voluntary participants from the DBPD, revealing significant improvement across all groups in UAS knowledge and confidence levels. Despite limitations, these findings offer compelling evidence of the training’s efficacy and advocate …

The Ten Commandments Cases And The Move Towards The Concrete In Establishment Clause Jurisprudence, Eric Rassbach

Journal of Catholic Legal Studies

(Excerpt)

First of all, thank you very much, Professor Movsesian, the Mattone Center, and St. John’s for inviting me here to speak today on what I believe is a very important issue. I will also say that I share Chris’s opinion that it’s great to work with him. He actually wrote a very compelling brief in our case at the Supreme Court called Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC back in 2012. That was the only brief mentioned by Justice Breyer during the argument, and it was also the only one cited in the Court’s unanimous decision. So, …

Soft Establishment, Religious Education, And Stone V. Graham, Christopher C. Lund

Journal of Catholic Legal Studies

The Supreme Court has said the Establishment Clause should be interpreted in light of history and tradition. This Essay adds to the historical conversation by highlighting an overlooked dimension of religious establishment. Many recent decisions and commentary treat coercion as the central feature of establishment, often drawing on Michael McConnell’s identification of six common features of religious establishments. But McConnell’s categories were never meant to be exhaustive, and coercion alone cannot explain important parts of the historical record.

Religious education was central to religious establishment. Established religions took deliberate measures to secure the intergenerational transmission of the faith, a task …

Courts, Science, And The Problem Of Accountable Knowledge: A Review Of Judicial Policy Making, Empirical Data And Scientific Evidence: Can Courts Manage The Twenty-First Century?, Rishabh Kachroo

Indian Journal of Law and Technology

This review reads Rob van Gestel, Jurgen de Poorter, and Edward L. Rubin’s edited volume titled Judicial Policy Making, Empirical Data and Scientific Evidence: Can Courts Manage the Twenty-First Century? as a timely intervention into the evidentiary and institutional demands placed on contemporary courts. It argues that the volume’s key contribution lies in treating courts as knowledge institutions and its strongest suit lies in showing the limits of judicial intuition, anecdote, and inherited legal categories in dealing with such disputes. While the volume is left wanting in its account of knowledge accountability, it would nonetheless be important for scholars of …

When Brand Image Stabilizes Uncertainty: Towards Digital And Inclusive Strategies Based On Artificial Intelligence, Rhita Serir, Raja Temnati

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

In a context of profound transformation, contemporary marketing is evolving rapidly under the combined influence of digital transformation, artificial intelligence and Generation Z, whose behaviours are redefining consumption and communication norms. At the same time, the COVID-19 pandemic, global recession and market instability have increased the complexity and uncertainty faced by businesses. Strategic decision-making is becoming increasingly complex as technological tools multiply and consumer expectations diversify. Brand managers must therefore maintain coherence, relevance and credibility in unstable environments. Digital marketing emerges as a key strategic lever: integrating digital tools and artificial intelligence into communication and positioning strategies can improve audience …

The Effect Of Environmental Frugal Innovation On Consumers’ Eco-Responsible Behaviour In Togo, Preabalo Essokobré N’Danida, Doman Gnoufougou

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This research examines the effect of environmental frugal innovation on consumers' eco-responsible behaviour. A mixed approach was adopted, using a questionnaire and a non-probability convenience sampling technique. Structural equation modelling results show that three dimensions—cost efficiency, functional simplicity and local embeddedness—have a positive and significant effect on consumers' eco-responsible behaviour, validating the corresponding hypotheses. By contrast, environmental impact and social impact do not show significant effects. The study concludes by identifying limitations and suggesting future research directions, particularly on how accessible and locally adapted innovations can encourage more responsible consumption in developing countries.