Digital Commons Network^™

A Free Speech Dilemma: Ai Outputs And The Constitution, Mbilike M. Mwafulirwa

Akron Law Review

In the beginning was a word—then over time, a whole civilization was built on words. Speaking, thinking, and writing have always been inherent aspects of the human experience. Until now. Artificial intelligence machines have hi-jacked words. Through focused training on our words and knowledge, they too can now write, create, and express themselves just like we do. This, then, presents a profound constitutional question flagged by Justice Barrett in Moody v. NetChoice: if the U.S. Constitution protects human expression, does it also protect AI outputs?

This article addresses that question through the derivative principle: If you squeeze an orange into …

Making Technology Work For Lawyers: What The History Of Tar Adoption Can Teach Us About Using Generative Ai Well, Amy B. Cyphert

Akron Law Review

No abstract provided.

Do We Really Want Retired U.S. Supreme Court Justices Practicing Law? A Public Policy Critique To U.S.Supreme Court Term Limits, Michael J. Broyde, Hayden H. Hall

Akron Law Review

Debate over imposing term limits on U.S. Supreme Court Justices has intensified in recent years, with proposals emphasizing potential benefits for judicial independence, ideological balance, and the confirmation process. Yet, much of the scholarly and political discourse has overlooked a significant and underexamined consequence: the post-judicial careers of justices whose service ends well before traditional retirement age. This Article addresses that gap by analyzing the strong likelihood—based on historical patterns from other courts without life tenure—that former Justices would reenter the legal profession, particularly in highly compensated private practice roles. We argue that this prospect raises profound ethical, institutional, and …

Ndls Communicator: Week Of 02.23.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame's mission to Mexico: Defending the most vulnerable Notre Dame Law School's Black Law Students Association Brings Community Together for Inaugural Black History Month Spirit Week

Student News

• Ángel Muñoz Carpintero
• Aashiyana Adhikari

Faculty Briefs

• Christian Burset
• Jimmy Gurulé
• Emily Bremer
• Derek Muller
• Paolo Carozza
• Diane Desierto
• Paul Miller
• Jeff Pojanowski
• Sadie Blanchard
• Christina Jones

Events

• Law & Technology Seminar: Amnon Reichman, Professor of Law and Director of the Center for Cyber Law & Policy at the University of Haifa
• Law & Economics Workshop: Avishalom Tor The Coherent Arbitrariness of Punishment
• Faculty Colloquium - Haley Proctor …

Sekitar Pasal 115 Ketetapan Mpr-Ri No. I/Mpr/1978, Hermawan Ps. Notodipoero, S.H.

Jurnal Hukum & Pembangunan

Abstract

Hukum Dan Keluarga, Dr. Ny. T. O. Ihromi, S.H., M.A.

Jurnal Hukum & Pembangunan

Abstract

Masalah Penemuan Hukum Baik Dalam Hukum Pidana Maupun Hukum Perdata, Bismar Siregar, S.H.

Jurnal Hukum & Pembangunan

Abstract

Table Of Contents & Masthead, Mitchell Brost

Pepperdine Law Review

No abstract provided.

Everything The Light Touches Is Not Your Kingdom: Understanding The Statutory Silence In The Antiquities Act To Restrict Presidential Power, Lillian A. Bourne

Natural Resources Journal

There is no greater threat to our public lands than energy dominance. The 1906 Antiquities Act gave presidents the power to proclaim national monuments on public lands, and today the federal government protects over 11 million acres as national monuments. President Trump plans to revoke and shrink monument protections so that these lands can be used for oil, gas, and mineral drilling, destroying cultural artifacts with detrimental impacts to air, water, and land. The Antiquities Act does not give the president the power to revoke or shrink national monuments designated by prior presidents; the Act reserves this power solely to …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …

Analytical Framework For Understanding Broader-Based And Sectoral Bargaining Models, Sara Slinn

Articles & Book Chapters

No abstract provided.

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani

Seattle University Law Review

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

The Field Of International Business Transactions Law, Kathleen Claussen

Seattle University Law Review

This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …

Mitigating Procurement Risks: A Framework For Good Governance In Public Contracting, Karem Sayed Aboelazm, Raghda Raafat, Fady Tawakol, Khalid Mohamed Dganni

All Works

This paper seeks to explore internal and emerging limitations set within the public procurement system. It suggests institutional structures to oversee such a process, more than just technical fixes (Enayati & Özaltin, 2024). It also aims to move beyond the technologies themselves by bringing governance, standards, and principles into public procurement. The present paper is descriptive-analytic and was conducted based on a review of literature and research reports. It also employs a qualitative interpretive methodology for analysis of international organization reports and identifies various types of public procurements, such as procedural and contextual systemic risks. The paper draws a number …

Normalisasi Kehidupan Kampus Dan Perundang-Undangan Pendidikan Perguruan Tinggi, Krishnayanda Wirjowerdojo, S.H.

Jurnal Hukum & Pembangunan

Abstract

Laporan Lengkap Promosi Doktor Tapi Omas Ihromi, Tapi Omas Ihromi

Jurnal Hukum & Pembangunan

Abstract

From Copper To Ashes: Violations Of The Right To A Healthy Environment And Health In Tsumeb, Namibia, Sarah Dávila

Fordham Environmental Law Review

The rights to a healthy environment and health are not new human rights to the African System for Human and Peoples’ Rights. In fact, they have been protected under the African Charter on Human and People’s Rights since 1981. However, outside of the established normative framework, a pressing issue arises in States where the extractive industry maintains a stronghold on the economy. The people of and around Tsumeb, Namibia, have been subjected to egregious human rights abuses and an environmental crisis. Their lives and environment have been historically and continuously destroyed due to the foreign-corporate extractive industry. The mining and …

The Patentability Of Ethical Ai: A Spectrum, Rana Matared, Harut Minasian

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Laudato Si’ And The Limits Of Law: Reflections On The Vocation To Protect Integral Ecology, Lucia A. Silecchia

Fordham Environmental Law Review

No abstract provided.

Confinement And Consent: A Comparative Analysis Of Sexual Abuse In Finnish And U.S. Prisons, Madison A. Greico

Binghamton University Undergraduate Journal

The Bangkok Rules and The Basic Principles for The Treatment of Prisoners are a specific outline of protections and rights for individuals( Bangkok specifically about women) within prisons adopted by the United Nations compromising states. While The United States is a leader in the United Nations and adopted this set of rules, their failures of commitment are extremely apparent. Every year, thousands of prison rapes occur behind bars in New York alone by the very guards meant to protect them. In Finland, another United Nations member, however, has virtually no record of sexual abuse within their prisons. In investigation of …

Copyright Dilution Under Constitutional Scrutiny, Edward Lee

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Unfair Learning: Genai Exceptionalism And Copyright Law, David Atkinson

Chicago-Kent Journal of Intellectual Property

No abstract provided.

A Civilization’S Soul : Positioning Architectural Works In The Argument For Greater Restrictions On Ai Training, Alexandria B. Noble

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Incarcerated Youths In Canada And The United States: A Comparative Analysis, Grace A. Mastrangelo

Binghamton University Undergraduate Journal

Are children, who commit adult crimes, deserving of adult punishments? According to the United Nations, not if it harms their well-being. Article 3 of the Convention on the Rights of the Child (CRC) adopted by the United Nations in November 1989, states that 1) the best interests of the child should be the primary consideration of all state actions involving children, 2) governments must allot children the protection and care necessary for their well-being, and 3) governmental institutions, services, and facilities that deal with children must uphold adequate standards for the safety, health, and supervision of children. The CRC is …

Beyond Subsidies And Mandates: Testing A Simple Behavioral Mechanism To Drive Health Insurance Coverage, Wendy Netter Epstein, Hansoo Ko, Christopher Robertson, Kevin Wilson, David Yokum

Faculty Scholarship

Uninsured individuals face reduced access to care, financial risk, and higher mortality. Although public programs and private subsidies have lowered uninsurance, these mechanisms remain incomplete and politically unstable. We evaluate whether a low-cost outreach intervention can increase health insurance enrollment without altering plan prices. Using a randomized field experiment involving 16,477 uninsured Maryland households, we assigned households to a no-contact control or to receive email and postcard outreach featuring affordability messaging alone or combined with responsibility or community framings. Outreach increased qualified health plan enrollment by 0.699 percentage points and total coverage by 0.967 percentage points relative to control. The …

How Much Can A Coffee Table Really Cost You? What To Do With Websites, Testers, And Serial Filers Within The Context Of The Ada, Ava Perez Erickson

Liberty University Law Review

Differences have been used throughout history to separate that which is deemed superior from that which is inferior. Disabilities, both physical and mental, are what history has often deemed a mark of the inferior. With little rationale to explain the occurrence of many disabilities, man turned to divine punishment and quasi-scientific movements to fill the gaps and explain the existence of what was assumed to be a lesser, plighted people. Our modern nation is no different and found itself, for the better half of the 20th century, enamored by the eugenics movement, satisfied with the explanation that disabled individuals were …

Striking The Right Chord: Reframing Music Copyright Through The Lens Of The First Amendment, Arielle C. Knight

Liberty University Law Review

Music, as both artistic expression and a commercial product, occupies a unique space at the intersection of copyright law and the First Amendment. While copyright law aims to promote creativity by protecting original works, its current application to music often undermines the very innovation it seeks to encourage. Courts have recognized that some musical elements are not copyrightable because they are so inherent to music that the idea merges with its expression. However, with advancements in technology such as music streaming services and AI-created music, courts increasingly face difficulties in distinguishing between protectable musical expression and the unprotectable building blocks …