Digital Commons Network^™

Amazigh Identity: From Discrimination To Reconciliation—A Struggle For Recognition, Khalid Ouassou

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

This paper analyzes the conditions that fostered the emergence of a renewed identity perspective grounded in Amazigh linguistic and cultural rights. It traces the trajectory from denial to recognition after decades of advocacy, across institutional, political, public‑policy, and legal arenas. The article also argues that further guarantees and implementation measures remain necessary to secure the effective enjoyment of Morocco’s linguistic and cultural pluralism and to consolidate a durable process of reconciliation and recognition.

Non-Muslims In Morocco Between Discrimination And Stigmatization: The Case Of Christians And Bahá’Ís, Mohammed Akdid

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

This paper explores the limits of freedom of religion in Morocco and the restrictions experienced by non‑Muslims, particularly Moroccans who convert to other faiths. It draws on an empirical study with a sample of university students and complements the findings with testimonies from members of two non‑Muslim communities—Christians and Bahá’ís. The article analyzes social representations, attitudes, and lived experiences within Morocco’s social, political, and religious environment, highlighting mechanisms of stigmatization, constraints on public expression of belief, and the challenges of integration.

Legendary Houses: Trademarks, Transformation, And Ballroom Culture, Elizabeth L. Rosenblatt

Akron Law Review

No abstract provided.

Generative Identity Theft: Criminalizing Deepfakes Using The Right Of Publicity, Dustin Marlan

Akron Law Review

No abstract provided.

Assessing Patent Pledges: A Case Study In The Vaccine And Biopharma Space, Ana Santos Rutschman

Akron Law Review

No abstract provided.

Copyright In Characters: A Proposal For Reform, Michael W. Carroll

Akron Law Review

No abstract provided.

Ai Pirated My Art And Birthed Infringing Works, And Other Metaphors That Confound Copyright Law, Michael D. Murray

Akron Law Review

No abstract provided.

When Ownership Meets Licensing–New Normative Expectations And The Need For Nft Categorization: All Your Projects “Are” Belong To Us, Charles Belle

UC Law Science and Technology Journal

The current treatment of all NFTs in legal scholarship as identical digital assets fundamentally misunderstands their varied applications and the new normative expectations they create. The Moonbirds controversy of 2022, where a creator’s unilateral license change affected nearly 20,000 token holders, exemplifies the crisis: token holders believed they owned digital assets that could be controlled and commercialized, but existing copyright frameworks treat NFTs merely as licenses subject to creator discretion. Picture for Profile (PFP) Projects—community-based NFT collections involving thousands of tokens often with governance and commercial rights—combine concepts of possession, community governance, and commercialization in ways that challenge traditional intellectual …

From Prompt To Clone: Copyright Challenges In Ai Model Distillation, Claudia Philipp

UC Law Science and Technology Journal

This paper examines the legality of model distillation in the context of large language models (LLMs), where smaller “student” models are trained by mimicking the outputs of larger, proprietary “teacher” models. As artificial intelligence continues to advance rapidly, the legal framework surrounding patent, and contract law is being tested. Specifically, the paper explores whether current U.S. copyright law offers sufficient protection for frontier LLM developers and whether practices like unauthorized distillation amount to infringement. By analyzing model architecture, training data, behavioral mimicry, and reverse engineering under prevailing legal doctrines—including fair use, terms of use enforcement, and recent litigation—the paper finds …

Codifying Command: Integrating Ai Into Corporate Boards, Kennedy Kelley

UC Law Science and Technology Journal

Corporate law in the United States requires that boards of directors be composed of human individuals, prohibiting artificial intelligence (AI) from serving in a directorial role. Statutes such as Delaware General Corporation Law §141(b) mandate that directors be natural persons, while fiduciary duty doctrines, liability structures, and regulatory frameworks presuppose human oversight and accountability. This paper argues that such legal constraints are increasingly outdated and should be reformed to permit AI to serve as a board member, alongside natural persons, with full decisionmaking authority. As AI systems become more capable of complex, datadriven reasoning, corporations should not be barred from …

Teaching Cross-Cultural Communication In Law School: Lessons From Medicine, Social Work, And Business, Mireille Butler, Jaclyn Celebrezze

St. Mary's Journal on Legal Malpractice & Ethics

Legal clients in the United States are increasingly multilingual and multicultural. More than 71 million people living in the United States communicate in a language other than English. Consequently, the lawyer’s duty of shared understanding is taking on new meaning. With the advent of ABA Ethics Opinion 500, cross-cultural communication skills are a lawyer’s ethical duty and a law school’s mandate. Additionally, ABA Standard 303(c) and the potential of increased experiential learning credit requirements make clear that immediate curricular changes are needed. To prepare for the modern practice of law, tomorrow’s lawyers need to develop cross-cultural skills while in law …

Legal Representation And Public Criticism, Michael Ariens

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Pro Bono, Supplied And Demanded, Anita Bernstein

St. Mary's Journal on Legal Malpractice & Ethics

. Of the fifty-six blackletter provisions in the Model Rules of Professional Conduct, the rule about pro bono is the only one that tells lawyers they “should”—rather than must, must not, or may—take a particular action. This verb, which in effect says: “You deserve praise if you do it but hey, no pressure,” embodies the partial perspective that dominates pro bono—partial in the sense of both incomplete and biased. Valorizing pro bono while imposing no consequences on people who fail to perform it indulges and flatters what this Article calls pro bono’s supply side. Bar leaders, rule writers led by …

Ethics And Originalism, Michael L. Smith

St. Mary's Journal on Legal Malpractice & Ethics

This Article addresses a blind spot in the theorizing and debate over originalist interpretation: the implications of rules of legal ethics. For the few originalist theorists who take the practical side of originalism seriously, attorneys’ rules of professional conduct are almost entirely absent from the discussion. These rules bind all attorneys who, in turn, construct the record, present the evidence, and make the arguments upon which judges and Justices rely. And these rules have profound, though mixed, implications for originalist theory. Some ethical duties—such as those requiring attorney competence and candor to the tribunal—might enhance the quality of originalist analysis …

Private Money: Stablecoins, Bitcoin, And The Genius Act, Henry H. Perritt Jr.

UC Law Science and Technology Journal

Cryptocurrency has been legalized in the United States. The 2025 GENIUS Act provides a sensible regulatory framework for cryptocurrency as a medium of exchange while avoiding predicted monetary chaos. The Act correctly distinguishes between volatile fiat cryptocurrencies like Bitcoin, which are unsuitable as payment mechanisms, and stablecoins backed by traditional currencies and reserves.

Historical analysis spanning American monetary systems from the “free banking era” before 1860 through modern digital payments demonstrates that private money has long coexisted with government currency but requires appropriate regulation to prevent bank runs, fraud, and monetary instability. The GENIUS Act addresses key cryptocurrency risks—technological failures, …

Artificial Investments: Consumer Protection For Ai-Generated Quantitative Trading Algorithms, Eric Heyland

St. Mary's Law Journal

No abstract provided.

In-Space Servicing And The Coming Legal Issues For Inciting Innovation, Grayson Russell

St. Mary's Law Journal

No abstract provided.

Turning The Tables: Using Texas’S Stowers Doctrine To Rein In Delay, Deny, Defend Tactics, Ethan Evans

St. Mary's Law Journal

No abstract provided.

The Stripes Of Glory We Wear: Reflections Of The Legal Role And Intricacies Of Citizenship In The History And Foundation Of The Malaysian State

Washington International Law Journal

Abstract: The meaning of citizenship in Malaysia is a tale as old as the country itself—a thorny triangular relationship between the state; the Bumiputera majority of Malay and indigenous natives; and the non-Bumiputeras minority of Chinese and Indians who primarily migrated when the region was under British colonial rule and influence. In the present, Bumiputeras enjoy a constitutionally stipulated special status—a distinction that bestows many privileges and preferential treatment in all facets of life, from commerce to education, homeownership to government employment, that is off-limits to non-Bumiputeras. Supporters of the system argue it remains necessary—a form of affirmative action …

The Taiwanese Way To Ai Governance: Draft Basic Law On Artificial Intelligence And Future Regulatory Strategies

Washington International Law Journal

Abstract: Despite Taiwan’s significant contributions to the global artificial intelligence (AI) ecosystem, its role remains underexamined in international AI governance discourse. This Article addresses this gap by analyzing Taiwan’s emerging AI regulatory framework, with particular emphasis on the Draft Basic Law on Artificial Intelligence (the “Draft AI Law”). Situating Taiwan’s approach within the broader global regulatory landscape, the Article compares the Draft AI Law with key international models, including the European Union’s AI Act and the United States’ NIST AI Risk Management Framework, while also drawing on regulatory developments in Japan and South Korea. Rather than providing a clause-by-clause analysis, …

Reviving Novorossiya: Russia’S Invasion Of Ukraine Under International Law

Washington International Law Journal

Abstract: For nearly three years, the Eastern European nation of Ukraine has been entangled in a war it did not instigate, did not desire, but was forced into by its more powerful neighbor, Russia. Since the onset of the war, Russia has faced accusations of widespread atrocities, including severe violations of human rights, international humanitarian law, and breaches of other international norms. Following the inauguration of United States (US) President Donald Trump, there has been a renewed effort to bring both parties to the negotiating table and end the conflict. With the ongoing negotiations, there is no better time to …

Litigating Workplace Sexual Harassment In China: Practical Challenges & Proposed Solutions

Washington International Law Journal

Abstract: The development of China’s anti-sexual harassment laws and policies over the past few decades has raised the hopes of many. However, the sheer volume of regulations can easily create the false impression that the Chinese legal system is effectively dealing with workplace sexual harassment. Statistics show that the number of lawsuits filed in Chinese courts remains trivial, even though workplace sexual harassment continues to be widespread. This article argues that courts in China misunderstand how to apply important concepts in litigation such as how to define sexual harassment and employer liability. The difficulty of carrying the burden of …

Hybrid Warfare: A Collection Of Scenarios, Adrian Borbély

DRI Press

Hybrid Warfare is nothing new but it has increasingly made the news - even if most of it remains beyond our awareness. Hybrid Warfare gathers all methods through which countries wage war against each other beyond traditional military, diplomatic and economic battlefields (cyber attacks, disinformation, transnational organized crime, appropriation of natural resources, lawfare, corruption, etc.). Such below-the-surface foreign aggressions are not limited to localized regions where armed forces shoot at each other trying to take each other’s positions. In hybrid warfare, society as a whole is the battlefield. In other words, hybrid warfare is not the concern of a few, …

Allocating Data Protection Duties The Chinese Way

Washington International Law Journal

Abstract: China has been enacting data protection laws with distinctive features at an unprecedented pace, which makes it necessary to update existing studies on the Chinese approach to data protection. Unlike its predecessors, this Article focuses on developing a structured approach to dissecting the Chinese regime, especially the Personal Information Protection Law and latest case law. It analyzes how the laws allocate responsibilities among the three major parties involved in data protection—individual data subjects, data controllers, and regulators—and draws comparisons with European Union (EU) laws that inspired the Chinese laws. It argues that the way Chinese laws allocate data …

Ndls Communicator: Week Of 01.05.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Welcomes Global Visitors for Spring 2026

Faculty Briefs

• Mary Ellen O'Connell
• Jimmy Gurulé
• Jeff Pojanowski

Events

• Retirement Party for Debbie Weiss

Around the Watercooler

• Christopher O'Byrne, Research Librarian resigns

Staff Spot Awards

• Nominations open now through March 10, 2026

Exploring The Role Of Occupational Therapy In The Delivery Of Trauma-Informed Services To Hospital-Based Clients Ot, Frank Czuba

Journal of Applied Disciplines

Hospitalization can traumatize clients and impact overall health outcomes, leading to increased hospital readmission rates and resulting in a negative impact for both clients and providers. Limited information exists regarding how hospital-based occupational therapists evaluate and address trauma, even though incorporating trauma-informed principles into professional practice can enhance the occupational therapy process. The study explored the comprehension and perceived significance of trauma-informed tenets among occupational therapists delivering services in hospital-based settings. A quantitative research study with an exploratory design was implemented to explore how occupational therapists (OT) understand and utilize trauma-informed practices with their clients in a hospital setting. An …

Botox And Blurred Lines: Why Florida's Med Spa Boom Needs A California Reality Check, Madeline Broderick

Nova Law Review

No abstract provided.

Restoring The Organization For The Security And Cooperation In Europe’S Role In Human Rights And Security After Russian Invasion, Roman Nekoliak

Human Rights Brief

This Article diagnoses a systemic erosion of rights-based multilateralism driven by geopolitical realignment, reduced leadership by traditional human rights defenders, the rise of authoritarian coalitions, and the growth of transactional and securitized diplomacy. This Article argues that revitalizing the Organization for the Security and Co-operation in Europe (OSCE) around a rights-centered, cross-dimensional concept of security is essential to restoring both regional stability and the credibility of international human rights commitments. It places the war in Ukraine within broader patterns of democratic backsliding, institutional paralysis, and the rise of authoritarian governance, demonstrating how domestic repression and interstate aggression mutually reinforce one …

The Supreme Court And Public Law In 2023, Kate Glover Berger

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

This article discusses the Supreme Court of Canada’s public law judgments in 2023. It was the basis for the opening address at the 27th Annual Osgoode Hall Law School Constitutional Cases Conference. In the Conference’s tradition, this annual review is divided into two parts. The first part (Part II of the article, following Part I: Introduction) presents institutional and quantitative data about the Court’s work in 2023. It focuses on the composition of the Court, the historically low number of judgments released in 2023, rates of agreement and dissent, and the dominance of public law on the Court’s docket in …

A New Justification For Section 12 Hypotheticals Andtwo Rules For Constructing Them, Lisa Kerr, Michael Perlin

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

The use of the reasonable hypothetical device in the section 12 context has been a source of unceasing controversy. The Supreme Court has tried to lay the debate to rest; but we argue that there are convincing and practical reasons for the use of hypotheticals which the Court could do more to explain, as a way to persuade skeptics. These reasons are tied to the realities of the criminal justice system and how mandatory penalties can shape penal outcomes in covert ways, apart from, and in addition to, delivering cruel and unusual punishment to individuals. Along with articulating this new …