Digital Commons Network^™

Institutionalizing Protection Of Climate Migrants Through A Global Framework Convention On Climate-Induced Migration, Caroline Spencer

Vanderbilt Journal of Transnational Law

Climate change poses an urgent global challenge, threatening to internally displace 216 million people across six regions by 2050. While it is difficult to predict the extent of crossborder migration, there is no question that climate change will drive cross-border migration. Human rights law and international climate change law require states to protect climate migrants’ human rights; however, the current international framework is inadequate and exhibits a significant protection gap. States possess an obligation under both international human rights law and climate change law to pursue adaptation measures that protect and restore affected human rights, including ensuring protection against refoulement. …

Mmu: 10/12/26-10/18/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Background Risk And Optimal Liability Rules, Tim Friehe, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

We study how background risk affects optimal liability rules in a unilateral accident model with risk-averse parties. Under negligence, background risk borne by a prudent victim raises the optimal due-care standard relative to the benchmark case without background risk. Under strict liability, the optimal level of damages is higher when the prudent victim faces background risk but the injurer does not. When a prudent injurer faces background risk (with or without victim background risk), the optimal level of damages can be higher or lower than in the benchmark case. Our results are robust to the availability of actuarially fair insurance.

Marine Spatial Planning In The Asean Countries: Lesson Learned For Future Ocean Governance In Malaysia, Husni Alhan Md Salimun, Mohd Fadzil Akhir, Nazli Aziz, Che Din Mohd Safuan, Wan Izatul Asma Wan Talaat

Journal of Environmental Science and Sustainable Development

Marine Spatial Planning (MSP) has emerged as an important governance instrument for balancing ecological protection, economic development, and social inclusion amid the rapidly intensifying blue economy in Southeast Asia. Although several ASEAN Member States (AMS) have initiated MSP processes, the existing literature on MSP governance in this region  remains fragmented and largely descriptive, limiting systematic cross-country comparison and evidence-based lessons. This study addresses this gap by assessing MSP governance performance across ASEAN countries and againts internationally recognized MSP governance benchmarks. A structured narrative review was conducted using selected PRISMA-informed procedures for literature identification and screening. Academic publications from 2003 to …

Buffeted By Change, Researchers Seek Continuity And Investment: Results From The Ithaka S+R Us Researcher Survey, Chelsea Mccracken, Dylan Ruediger, Ruby Macdougall

Copyright, Fair Use, Scholarly Communication, etc.

Executive summary

The research enterprise in the United States, established after the second world war, is experiencing massive disruption. US colleges and universities are grappling with federal and state disinvestment and intervention at a time when AI and other technologies are reshaping how research is conducted and its findings are communicated. As a result, researchers at US higher education institutions are operating in an unstable environment. Against this backdrop, the findings from our survey of 4,003 researchers, fielded in late 2025, demonstrate that they remain committed to carrying out essential work and that they are doing so in innovative ways—through …

Full Posterior Uncertainty Propagation In The Bg/Nbd Framework A Bayesian Foundation For Individual-Level Customer Behavior Modeling, Stuart V. Kerr

UNLV Gaming Research & Review Journal

The Beta-Geometric/Negative Binomial Distribution (BG/NBD) model of Fader et al. (2005) is used to describe repeat-transaction behavior in non-contractual settings: a latent visitation rate, heterogeneous across customers, governs how of- ten a customer transacts while active, and a latent dropout probability, also het- erogeneous, governs when a customer permanently churns. In its classical form, BG/NBD is estimated using maximum likelihood, producing single point estimates of the underlying population parameters and, from these, point estimates of each customer’s individual behavior. This paper develops the model from first princi- ples as a fully Bayesian framework, estimated using Markov Chain Monte Carlo (MCMC), …

Good Governance In The Concept Of Climate Justice: Decarbonisation Policies In Economic Considerations Of Losses And Sacrifices, Daryanti Daryanti, Albertus Sentot Sudarwanto, Erna Dyah Kusumawati, Rosita Candrakirana

Journal of Environmental Science and Sustainable Development

Projections of losses resulting from the impacts of climate change in Indonesia are estimated to reach USD 30.5 million, affecting four key sectors: agriculture, water supply, health, and the maritime sector. This study shows that good governance based on climate justice in the implementation of decarbonization policies is the most important factor in avoiding long-term economic losses caused by the adverse impacts of climate change or investing in climate resilience. This study employed a normative methodology using a statutory approach to examine efforts related to climate change mitigation and adaptation. The findings of this research indicate that regulations in Indonesia, …

Pandemic Power Plays: Environmental Deregulation & Erosion Of Indigenous Rights In Latin America During Covid-19, Sabrina Prado

Latin American & Caribbean Law Review

The COVID-19 pandemic reshaped global politics. Many governments used their emergency powers under the pretense of maintaining public health and sustaining the economy. However, in Latin America, these powers were exploited and the pandemic became a guise for expanding executive powers and propounding corporate friendly rollbacks which weakens environmental protections and minority rights. This paper will examine how emergency laws were used to sidestep the democratic process and facilitate policies that benefited corporate interests at the expense of environmental regulation and indigenous rights specifically. Brazil, Colombia, and Bolivia were three countries whose leaders centralized power and accelerated environmentally destructive policies …

Constitutions, The State And Law In Republican Venezuela (1830-2025), Rogelio Pérez-Perdomo

Latin American & Caribbean Law Review

This panoramic article poses the question of the relation between the state, the constitution and the law in Venezuelan republican history. In the 19th century, Venezuela became independent, congresses approved constitutions that organized the national state, comprehensive legal codes and legislation were produced and the universities developed legal studies and produced a small number of lawyers. Nevertheless, the law had little impact on a turbulent and impoverished country, and lawyers mainly found occupation in the state and political system. In the 20th century, Venezuela constructed a powerful state that pacified the country that created conditions for a relatively prosperous economy. …

Oct. 2026 - Dentistry And The Law: Dealing With An Unlicensed Employee, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal column addresses the severe regulatory and legal risks of employing a dental hygienist whose license has lapsed. MDA Legal Counsel explains that under Michigan law (MCL 333.16222(1)), licensed health care professionals are mandatory reporters and must notify the Michigan Department of Licensing and Regulatory Affairs (LARA) upon learning of unlicensed practice. Continuing to employ an unlicensed hygienist exposes the dental practice to administrative sanctions, loss of licensure, and liability. Practice owners are advised to verify employee licenses regularly and screen for unresolved administrative complaints

Oct. 2026 At Your Service - Answers On Address Changes, Staff Credentials, And Retirement, Mda Membership Department Staff

The Journal of the Michigan Dental Association

This member service Q&A feature provides practical administrative guidance for Michigan Dental Association members. It addresses legal requirements regarding patient requests for dental hygienist licensing credentials, clarifying that practices must provide names but are not required to provide license numbers. It outlines retirement procedures, detailing eligibility for reduced dues, retired life membership status, and continued participation in continuing education and volunteer initiatives. Additionally, the article guides members on seamlessly updating home address information and personal profiles using the online MDA Member Compass portal.

Oct. 2026 From The Editor - Advocacy Works. We've Seen It., Romesh Nalliah

The Journal of the Michigan Dental Association

In this editorial, the Editor-in-Chief emphasizes the vital role of professional advocacy in protecting patients and sustaining dental practices. Drawing inspiration from historical advocacy efforts, such as Benjamin Ricci's fight for institutionalized care standards, the article highlights recent victories achieved by the Michigan Dental Association. Key achievements include securing increased Medicaid reimbursement rates after decades of stagnation and advocating for the passage of Senate Bill 105 to eliminate burdensome virtual credit card fees. The author underscores that health policy change requires active engagement from dentists advocating on behalf of their patients and profession.

J Mich Dent Assoc Oct. 2026

The Journal of the Michigan Dental Association

The October 2026 issue of the Journal of the Michigan Dental Association highlights advocacy, leadership, clinical practice, and practice management for Michigan dentists. The cover story examines how MDA advocacy led to the passage of Senate Bill 105, prohibiting forced virtual credit card transaction fees. Features include a profile on Dr. Raymond Gist, first Black ADA president; clinical guidance on caries management with Dr. Melissa Seibert; insights from the LEAD leadership program; and surgical mindfulness by Dr. Anish Gupta. Regular departments cover unlicensed employee legalities, supporting caregiver employees, open health insurance enrollment, and MDA organizational updates.

Introduction: A Roadmap To The Naval War With Iran, James Kraska

International Law Studies

No abstract provided.

Education For Social Change: Cultivating A Pedagogy Of Empowerment, Katie Goldey

Justice Festival at Morehead State University

A PowerPoint presentation, titled "Education for Social Change: Cultivating a Pedagogy of Empowerment," given by  at the Justice Festival held on the campus of Morehead State University on October 6, 2026.

The Colorado River Upper Initial Units Take Center Stage, Eric Kuhn, Anne Castle, Jack Schmidt, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

In 1956, Congress authorized the Upper Initial Units—Flaming Gorge Reservoir,

Navajo Reservoir, and the Aspinall Unit (UIUs)—for a variety of water use

purposes in the Upper Colorado River Basin, including compliance with the

1922 Colorado River Compact (1922 Compact). The historical record is clear

that the primary reason these reservoirs exist is to satisfy the math of the 1922

Compact and the obligations it imposed on the Upper Division States

regarding flows at Lee Ferry.

Ndls Communicator: Week Of 10.05.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Four First-Year Students Named 2026–27 Murphy Fellows
• Notre Dame Law Amicus Brief Urges Supreme Court to Address Religious Exclusions in Higher Education Funding
• Notre Dame Exoneration Justice Clinic statement in opposition to the death penalty and execution of Christa Pike
• Notre Dame Exoneration Justice Clinic continues annual summer internship program with students from Notre Dame, St. Olaf College, Kenya, and Mexico

Student News

• 3L Aashiyana Adhikari

Faculty Briefs

• Jimmy Gurulé
• Rick Garnett
• Haley Proctor
• Jay Tidmarsh
• Derek Muller
• Nicole Stelle Garnett
• Paolo Carozza
• Patrick Corrigan
• Diane Desierto
• Carter Snead
• Sherif Girgis
• David McIlroy
• Patrick Corrigan, Maria Maciá, …

Mmu: 10/05/26-10/11/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Did Statewide School Smoking Bans Reduce Smoking Rates?, Rachana Bhatt, Peter Hinrichs

Upjohn Institute Policy and Research Briefs

No abstract provided.

Victim Behaviour And Phone Snatching In Kano Metropolis: A Literature Review Based On Victim Precipitation Theory, Mu'azu Ya'u Abdullahi

African Journal of Criminology and Justice Studies

This paper reviews studies on the problem of phone snatching in Kano Metropolis, with focus on the behaviour of victims. Many studies have explained the crime by linking it to poverty, unemployment, and weak policing among others. However, less attention has been given to how people’s everyday actions may increase their risk. Using Victim Precipitation Theory, this review shows that behaviours such as openly displaying phones, walking alone in unsafe places, or using phones while distracted create easy chances for offenders. The review also notes that wider issues, such as poor street lighting and active black markets, combine with victim …

Reckless Accomplices, Ben A. Mcjunkin

Northwestern University Law Review

In recent years, criminal prosecutors have pursued homicide charges against the parents of teenaged school shooters. Two high-profile cases—one from Michigan and one from Georgia—provide paradigmatic examples. In each case, the parents provided their children with weapons and ammunition despite obvious signs of each child’s dangerousness and instability. Criminal liability for such reckless conduct is appropriate. But homicide charges are not. This Article critiques this new trend in prosecutions as distorting the substantive criminal law to obtain an outcome that is otherwise unavailable without criminal code reform.

It is a long-held criminal law tenet that intentional wrongful conduct by one …

Fake News From Fake Dudes: Why State Statutes Regulating Political Deepfakes Are Both Necessary And Constitutional, Jay Kennedy

Northwestern University Law Review

As technology advances and more Americans use the internet to get their news, AI-generated “deepfakes” have become a powerful tool for misinformation. One common use of deepfakes is to make fake, but convincing, videos of electoral candidates or government officials. Deepfakes pose particular harm to local governments and officials because, unlike federal leaders, local leaders usually do not have the financial resources to fund the counterspeech sufficient to disprove deepfakes. Thus, to help defend the integrity of local governments, this Note argues that every state should enact legislation prohibiting deepfakes of public officials and proposes a First Amendment-compliant framework for …

Chapter 4: Untangling The “Legal Vortex”: Transit, Tolls, And Truce In The Strait Of Hormuz, James Kraska

International Law Studies

No abstract provided.

Law School Announcements 2026-2027, Law School Announcements Editors

Announcements

• Officers and Faculty
• The Law School - History
• Programs of Instruction
• Curriculum
• Student Activities and Organizations
• Funds and Endowments

Where Do I Live, Again?: Finding Kentucky Geographic Information, Kurt X. Metzmeier

Brandeis School of Law Faculty Scholarship

Since the foundation of the United States, Americans have surveyed and recorded deeds to their properties in the county where they resided. However, until recently, those property surveys, as well as county maps, were the product of human surveyors drawing lines on paper. Only in the late 20th century, when satellites began surveying the globe and the internet made information readily accessible, did human maps give way to geographic information systems (GIS). This article surveys the GIS systems available to Louisville lawyers.

Student Perceptions Of Artificial Intelligence-Generated Child Sexual Abuse Material: A Qualitative Content Analysis, Paige Horton, Amanda Isabel Osuna

Dignity: A Journal of Analysis of Exploitation and Violence

The rapid growth of artificial intelligence (AI), especially generative AI and deepfake technology, has introduced new challenges in the production and dissemination of child sexual abuse material (CSAM). While existing research has examined the technological and legal implications of AI-generated child sexual abuse material, less is known about how the public, especially young adults who are most likely to use AI technologies, perceive these developments. The present study addresses this gap by examining undergraduate student perceptions of AI-generated child sexual abuse material at a medium-sized private university in the Southeastern United States. Using data from a Qualtrics survey, this study …

Senate Bipartisan Permit Reform Bill Would Upend Many Environmental Laws, Michael B. Gerrard

Faculty Scholarship

On September 26, the Republican chairs and Democratic ranking members of two key Senate committees released the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA). The full Senate is expected to take up the bill on November 9 (a week after the midterm elections). Its future in the House is uncertain.

The bill, the culmination of years of negotiations on permitting reform, is very good for the proponents of many kinds of energy projects (both clean and fossil), especially electricity transmission. It is very bad for environmental groups and other project opponents who want to challenge these projects in …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 27, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

A New Nature Of Pleading: Applying The Framework Of Common Law Pleading To Discovery As A Case-Initiation Tool, Masai Mcdougall

Cardozo Journal of Conflict Resolution

The common law tradition has relied on the exchange of allegations to start lawsuits for centuries. This Article reviews a growing trend within that tradition that emphasizes the exchange of evidence— discovery—to initiate cases instead. When compared to the allegation exchange required under the modern American plausibility standard, an evidence-based exchange model has significant cost advantages for both the parties and the judicial system. While modern pleading practice attempts to control discovery costs by requiring a higher showing, a realistic assessment of party behavior in the modern pleading regime reveals that plausibility is actually quite expensive, and that limited discovery …

Chapter 4 Of The Federal Arbitration Act: An Empirical Analysis, Tamar Meshel

Cardozo Journal of Conflict Resolution

On March 3, 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, codified as Chapter 4 of the Federal Arbitration Act (FAA). Chapter 4 is the first time that Congress has restricted the scope of the FAA in 100 years, by rendering invalid and unenforceable, at the election of a plaintiff, pre-dispute arbitration agreements in cases relating to sexual assault or sexual harassment disputes. This Article presents the results of a detailed qualitative and quantitative study of 180 state and federal court decisions interpreting Chapter 4, designed to evaluate its actual impact on …