Digital Commons Network^™

Laws Surrounding Daily Fantasy Sports And Sports Gambling Are Ambiguous; Let’S Just Legalize Both, Patrick Azer

SLU Law Journal Online

There is a discrepancy between laws legalizing daily fantasy sports ("DFS") and laws making sports gambling illegal. In this article, Patrick Azer discusses how DFS has been able to operate under the UIGEA season long fantasy exception, how DFS platforms have disguised sports betting as DFS, and why both DFS and sports betting should be legalized to eliminate ambiguity in the current law.

Designing Respectful Tech: What Is Your Relationship With Technology?, Noreen Y. Whysel

Publications and Research

According to research at the Me2B Alliance, people feel they have a relationship with technology. It’s emotional. It’s embodied. And it’s very personal. We are studying digital relationships to answer questions like “Do people have a relationship with technology?” “What does that relationship feel like?” And “Do people understand the commitments that they are making when they explore, enter into and dissolve these relationships?” There are parallels between messy human relationships and the kinds of relationships that people develop with technology. As with human relationships, we move through states of discovery, commitment and breakup with digital applications as well. Technology …

2022 Black History Month Panel Discussion, Black Law Students Association, Notre Dame Law School

BLSA Videos

On February 16, 2022, a panel of Notre Dame Lawyers discussed the sources of their inspiration, overcoming challenges, advice for law students and young attorneys, and what it means to be a “different kind of lawyer.”

Moderator: - Max Gaston ’13 J.D., Director of Diversity, Equity & Inclusion at Notre Dame Law School

Panelists: G. Marcus Cole, Joseph A. Matson Dean & Professor of Law at Notre Dame Law School; Alvin McKenna ’66 J.D., Counsel to the Firm at Porter Wright in Columbus, Ohio; Judge Ann Clair Williams ’75 J.D., Of Counsel at Jones Day in Chicago, Retired Judge, U.S. …

2022 Black History Month Panel Discussion, Marcus Cole, Alvin Mckenna, Judge Ann Clair Williams, Paris Mayfield, Max Gaston

2019–Present: G. Marcus Cole

On February 16, 2022, a panel of Notre Dame Lawyers discussed the sources of their inspiration, overcoming challenges, advice for law students and young attorneys, and what it means to be a “different kind of lawyer.”

Bentham’S Public Utilitarianism And Its Jurisprudential Significance, Dan Priel

Articles & Book Chapters

One of the ways by which Gerald Postema’s Bentham and the Common Law Tradition revolutionized the study of Bentham’s jurisprudence was by challenging the idea, made popular by Hart (both in his jurisprudential work and his interpretation of Bentham), that the study of law in general is normatively neutral. Against this view, Postema argued that one must understand Bentham’s views on law and jurisprudence in relation to his utilitarianism. At the time of publishing the book, Bentham went very much against the grain, but this view has since gained considerable support. In my paper I seek to refine it. As …

Uncharted Territories: Covid-19 And Other 2020 Events That Changed Lives Forever, Justina Ogodo

Journal of Multicultural Affairs

The year 2020 rolled in with pomp and pageantry like any other year in human history. I assume that many like me had high hopes, possibly made new year resolutions. I looked forward to the new year with great expectations—planned trips, events, graduations, weddings, and even new writing goals and aspirations. But the year had its own plan, taking an unexpected turn. I am a science educator, wife, and mother of three black children; I walked into the uncharted territories of COVID-19 and other 2020 events that changed lives forever. I tell this story of my lived experience with a …

Terminated Asu Women's Lacrosse Coach Files Retaliation And Wrongful Termination Lawsuit, Erica J. Zonder, Emily J. Houghton

Human Performance Department Publications

Courtney Connor, the former women’s lacrosse coach at Arizona State University, sued the University and the Arizona Board of Regents (collectively, “ASU”) for Title VII and Title IX retaliation, as well as wrongful termination.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Risk Tradeoffs And Equitable Decision-Making In The Covid-19 Pandemic, Lawrence O. Gostin, Sarah A. Wetter

Georgetown Law Faculty Publications and Other Works

Since the start of the Covid-19 pandemic, societies have faced agonizing decisions about whether to close schools, shutter businesses, delay nonemergency health care, restrict travel, and authorize the use of emergency Covid-19 countermeasures under limited scientific understanding. Measures to control the spread of COVID-19 have disrupted our health, educational, and economic systems, tarnished our mental health, and took away our cherished time with family and friends. Conflicting advice from health agencies on the utility of public health measures left us wondering, was it all worth it? We still do not have all the answers to guide us through difficult risk-risk …

Protecting Mixed-Status Families: Equal Protection Analysis Of The Dual Social Security Number Requirement, Nena Gallegos

University of Chicago Legal Forum

No abstract provided.

Scrambling The New Sanitationist Synthesis: Civil Liberties And Public Health In The Age Of Covid-19, John Fabian Witt

University of Chicago Legal Forum

No abstract provided.

Not White Enough, Not Black Enough: Reimagining Affirmative Action Jurisprudence In Law School Admissions Through A Filipino-American Paradigm, Joseph D. G. Castro

Pepperdine Law Review

Writing the majority opinion upholding the use of racial preferences in law school admissions in 2003, Justice Sandra Day O’Connor anticipated that racial preferences would no longer be necessary in twenty-five years. On the contrary, 2021 has seen the astronomic rise of critical race theory, the popularity of race-driven “diversity” initiatives in higher education, and the continued surge of identity politics in the mainstream. So much has been written on affirmative action—what else could this Comment add to the conversation? Analyzing the Court’s application of strict scrutiny through a Filipino- American paradigm, this Comment ultimately concludes that affirmative action in …

The "Unfairness" Proof: Exposing The Fatal Flaw Hidden In The Rule Governing The Use Of Criminal Convictions To Impeach Character For Truthfulness, Robert Steinbuch

Pepperdine Law Review

Federal Rule of Evidence 609 (adopted by various states as well) allows for the introduction of certain convictions at trial to impeach the credibility— i.e., character for truthfulness—of any witness. The rule bifurcates its requirements between those that apply to criminal defendants—who, in theory, are afforded greater protection throughout the law than are all other participants in trials—and all remaining witnesses. The most important distinction between the standards that apply to these two classes of witnesses is that for prior crimes of criminal defendants to be introduced to impeach their credibility, those wrongdoings must survive a special balancing test spelled …

Submission Of The Citizens And Technology (Cat) Lab To The United States Copyright Office, U.S .Library Of Congress, Washington, D.C., Re Notice Of Inquiry Technical Measures Public Consultations [ Docket No. 2021–10 ][ Federal Reg. No: 2021-27705 ], J. Nathan Matias, Jonathon W. Penney, Lucas Wright

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias

International Law Studies

"Cyberspace" is often treated as a new domain of State activity in international legal discourse. This has led to the assumption that for international law to apply to cyber operations carried out by States or non-State actors, "cyber-specific" State practice and opinio juris must be demonstrated. This article challenges that assumption on five different bases. First, it argues that rules of general international law are generally applicable to all domains, areas, or types of State activity. In their interpretation and application to purported new domains, limitations to their scope of application cannot be presumed. Second, this article demonstrates that the …

Sustainability Obligations And Liabilities For The Company Director, Richard Allen, Michael Tang, Jan Tan, Gautam Mukharya

Perspectives@SMU

SGX now requires its listees to issue a sustainability report. Why is this happening? And what do directors need to know?

The "Prime Factors" Of Quantum Cryptography Regulation, Lindsay Rand, Theodore Rand

Notre Dame Journal on Emerging Technologies

This Article asserts cryptography to be a critical starting point, as it could be a task for limited scope quantum computers with severe consequences. This Article surveys the risks of quantum computers to encryption and the applicable policy and legal levers to address concerns. As this Article shows, lawmakers must reassess regulations for the exportation of cryptographic products for the quantum regime. For example, current export regulations focus on bit length–which quantum cryptography directly undermines. Further, current controls prevent dispersion of physical products, while a rapidly growing amount of classical and, particularly quantum, computing now takes place “on the cloud.” …

Big Proctor: Online Proctoring Problems And How Ferpa Can Promote Student Data Due Process, Elana Zeide

Notre Dame Journal on Emerging Technologies

When the pandemic forced schools to shift to remote education, school administrators worried that unsupervised exams would lead to widespread cheating. Many turned to online proctoring technologies that use facial recognition, algorithmic profiling, and invasive surveillance to detect and deter academic misconduct. It was an “epic fail.”. Intrusive and unproven remote proctoring systems turned out to be inaccurate, unfair—and often ineffectual. The software did not account for foreseeable student diversity, leading to misidentification and false flags that disadvantaged test-takers from marginalized communities. Educators implemented proctoring software without sufficient transparency, training, and oversight. As a result, students suffered privacy, academic, reputational, …

Patent Law’S Deference Paradox, Paul R. Gugliuzza

Minnesota Law Review Vols. 106:2 onward (2021-present)

Courts frequently defer to the decisions of administrative agencies, particularly when the decision is thoroughly deliberated and within the agency’s realm of technical and legal expertise. Conversely, when an agency gives little thought to a matter or brings no special knowledge to bear, the agency gets little or no deference. Patent law, however, does it backwards. The decision of a single examiner at the Patent Office to grant a patent—a decision made under significant time pressure and with incentives skewed in the applicant’s favor—receives substantial deference when the patent’s validity is later challenged in court as a defense to an …

Resistance Is Not Futile: Challenging Aapi Hate, Peter H. Huang

William & Mary Journal of Race, Gender, and Social Justice

This Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate—defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics view beliefs as inputs to making decisions with more accurate beliefs having indirect, instrumental value by improving decision-making. This Article utilizes novel economic theories about belief-based utility, which economically captures the intuitive notion that people can derive pleasure and pain directly from their and other people’s beliefs. Even false beliefs can offer comfort and reassurance to people. This Article also draws on interdisciplinary and multidisciplinary theories …

Separating Governance Tokens From Securities: How The Utility Token May Fall Short Of The Investment Contract, Kyle Bersani

Cardozo Law Review

No abstract provided.

Dismantling The Master’S House: Establishing A New Compelling Interest In Remedying Systemic Discrimination, Chris Chambers Goodman, Natalie Antounian

UC Law Journal

This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the diversity and inclusion rationales for race-conscious policies is waning. Equity abhors a vacuum, and so this Article promotes a return to remedial justifications for affirmative action programs and policies. It begins with an overview of the strict scrutiny standard, providing background on what constitutes compelling government interests, and what meets the narrowly tailoring element. After exploring the Court’s dismantling of the societal discrimination justification for affirmative action programs, this Article makes the …

Contracts In The Age Of Smart Readers, Yonathan A. Arbel, Shmuel I. Becher

Articles

What does it mean to have machines that can read, explain, and evaluate contracts? Recent advances in machine learning have led to a fundamental breakthrough in machine language models, portending a profound shift in the ability of machines to process text. Such a shift has far-reaching consequences for diverse areas of law, which are predicated on, and justified by, the existence of information barriers. Our object here is to provide a general framework for evaluating the legal and policy implications of employing language models as "smart readers"-tools that read, analyze, and assess contracts, disclosures, and privacy policies.

Synthesizing state-of-the-art developments, …

Lifting The Veil Of Mona Lisa: A Multifaceted Investigation Of The "Beyond A Reasonable Doubt" Standard, Zhuhao Wang, Eric Zhi

Georgia Journal of International & Comparative Law

For a long period of time, the golden standard in judicial fact-finding of criminal cases in the United States and many other countries has been the “Beyond a Reasonable Doubt” (BARD) standard – every person accused of a crime is presumed to be innocent unless, and until, his or her guilt is established beyond a reasonable doubt. The BARD standard’s undergirding principle is one of error distribution, where wrongful conviction of the innocent is a much greater wrong than failed conviction of the guilty. This concept was famously expressed by the English jurist William Blackstone in 1760s: “It is better …

Arctic Conflicts & Russian Foreign Policy, Tania Röttger, Theocharis N. Grigoriadis

Georgia Journal of International & Comparative Law

In this paper, we analyze the intersections of legal and political dispute resolution methods in Arctic territorial disputes involving Russia and several Western governments, including Canada and the United States. There are two current disputes. The first dispute concentrates on the Lomonosov Ridge, a geological feature that runs near the North Pole and has been used by three states to claim the North Pole as part of their continental shelf. The second dispute deals with the legal status of the Northern Sea Route. Our paper evaluates the tradeoffs between the legal and political constraints in these disputes between Russia and …

Peer Review Analyze: A Novel Benchmark Resource For Computational Analysis Of Peer Reviews, Tirthankar Ghosal, Sandeep Kumar, Prabhat Kumar Bharti, Asif Ekbal

Copyright, Fair Use, Scholarly Communication, etc.

Peer Review is at the heart of scholarly communications and the cornerstone of scientific publishing. However, academia often criticizes the peer review system as non-transparent, biased, arbitrary, a flawed process at the heart of science, leading to researchers arguing with its reliability and quality. These problems could also be due to the lack of studies with the peer-review texts for various proprietary and confidentiality clauses. Peer review texts could serve as a rich source of Natural Language Processing (NLP) research on understanding the scholarly communication landscape, and thereby build systems towards mitigating those pertinent problems. In this work, we present …

The Game Theory Of The European Union Versus The Pax Romana, Uri Weiss, Joseph Agassi

DePaul Law Review

No abstract provided.

The Opioid Crisis: The Battle For Overdose Prevention Sites In Illinois, Haley Arnieri

DePaul Journal of Health Care Law

Opioid overdose deaths have been steadily increasing over the past thirty years. Since 1999, more than 841,000 people have died in the United States from a drug overdose. In 2018, two out of three drug overdose deaths were from opioids. Like the rest of the country, Illinois was not able to escape this public health crisis. Opioid overdoses are the leading cause of injury-related death in the United States, but these deaths are preventable with the right resources. Some jurisdictions have started to look at new solutions to this public health crisis such as supervised injection site.

This Article discusses …

Hierarchy, Race & Gender In Legal Scholarly Networks, Keerthana Nunna, W. Nicholson Price Ii, Jonathan Tietz

Law & Economics Working Papers

A potent myth of legal academic scholarship is that it is mostly meritocratic and that it is mostly solitary. Reality is more complicated. In this Article, we plumb the networks of knowledge co-production in legal academia by analyzing the star footnotes that appear at the beginning of most law review articles. Acknowledgements paint a rich picture of both the currency of scholarly credit and the relationships among scholars. Building on others’ prior work characterizing the potent impact of hierarchy, race, and gender in legal academia more generally, we examine the patterns of scholarly networks and probe the effects of those …

Uranium 233: The Nuclear Superfuel No One Is Using, Maris Hanson

Seattle Journal of Technology, Environmental, & Innovation Law

Nuclear power offers more energy in less physical space than solar and wind and yields more energy per pound than fossil fuels. However different nuclear fuels yield different waste profiles and create different beneficial products. Uranium 233 (U233) resists use in nuclear weapons, yields beneficial daughter products, and produces dramatically less of the most problematic waste products than Uranium 235 (U235). U233 results from reactions with Thorium, a plentiful, ubiquitous element currently considered waste from rare earth mines. Additionally, U233 functions well in a liquid fuel reactor resulting in safer, more efficient reactors than current solid fuel U235 or Plutonium …