Digital Commons Network^™

An Exploratory Analysis Of Neurocognitive Performance And Posttraumatic Stress Disorder (Ptsd) Among Latinx Asylum Seekers, Elsie A. Arias

Doctoral Dissertations

Asylum seekers are exposed to violence and traumatic events in their home countries at high rates, leading to mental health challenges such as posttraumatic stress disorder (PTSD). PTSD symptoms and comorbidities such as depression and alcohol misuse are associated with impacts to multiple domains of cognitive functioning among populations such as Veterans. However, the neurocognitive performance of Latinx asylum seekers who experience PTSD symptoms are under-documented in the current literature despite its meaningful impact on clinical care engagement and navigation of the legal process. This study utilized an exploratory, quantitative, cross-sectional design to examine whether higher levels of self-reported PTSD, …

The Limits Of Disclosure: Artificial Intelligence, Arbitration, And The Illusion Of Informed Consent, Rishi Batra

Journal of Dispute Resolution

Consider the following scenario: A warehouse worker brings a wage and hour claim against her employer under her state's labor code. Her employment contract, which she signed on her first day of work, contains a mandatory arbitration clause that she did not negotiate, did not fully read, and — like most employees in her situation — did not fully understand. An arbitrator is appointed, a hearing is held, and an award is issued in the employer's favor several weeks later, denying the employee's claims entirely. The award is well-organized and internally consistent, addressing each of the worker's claims with what …

A Decade Of Change: Technology’S Impact On Negotiation Deepens In The Age Of Ai, Noam Ebner

Journal of Dispute Resolution

When people consider the notion of negotiation changing, they tend to look first toward that magnificent negotiation construct, “the table.” Here are some immediately apparent areas of table-novelty: • There is often a screen on our table, rather than another person sitting across from us. • The table we “go” to negotiate at is not in our office or that of our counterpart; rather, it is a communications system such as email or an online platform developed by a third-party provider. • The table, in its online-platform form, sometimes structures process and facilitates communication in ways that our trusty old …

The Life And Work Of Odr Visionary And Architect Colin Rule (So Far), John Lande

Journal of Dispute Resolution

Many people know Colin Rule as a pioneer of online dispute resolution. Fewer people probably appreciate the full breadth of his contributions over the last three decades. This article reviews Rule’s work as a builder of dispute resolution systems, writer, educator, entrepreneur, and institutional leader. It highlights recurring themes in his career and scholarship, including trust, fairness, usability, access to justice, and the need to keep human judgment at the center of technological innovation.

Cooling Conflict: Embedding Mediation Protocols In Data Center Land Sale Contracts, Allison Elias

Journal of Dispute Resolution

Imagine a two-thousand-acre plot of land in rural Louisiana being leveled to accommodate a 10 billion dollar data center. With the construction of this data center comes the destruction of a region inhabited by rich plant and animal life as well as 80,000 residents, a quarter of whom live below the poverty line. Alternatively, think of a $750 million data center being built next door to your home, causing sediment build-up in your water supply, water scarcity, light pollution, and destruction of neighboring forests. Unfortunately, one does not have to imagine these scenarios. Both stories come directly from recent news …

Reports Of Legal Writing’S Death Are Greatly Exaggerated: Why Generative Ai Will Not Kill The Craft, Jayne T. Woods

Journal of Dispute Resolution

In preparing for this essay, I typed the phrase “legal writing is” into Google to see how common searches finished the thought. The only completed thought to appear was “legal writing is hard.” Amen. Legal writing is an amalgamation of logical reasoning, cognitive psychology, classical rhetoric, legal terminology, legal citation, and proper grammar and style, all of which must result in a product accessible to readers of all education levels. When generative AI arrived, producing cogent, plausible legal prose in seconds, it led many to believe that writing, generally, and legal writing, specifically, had reached the end of days.

Justice After Atrocity: Lessons From Rwanda And Cambodia For Contemporary International Law And Conflict, Jennie Hubbard

Journal of Dispute Resolution

In the aftermath of mass atrocity, the question facing survivors and policymakers is not whether societies will rebuild but how rebuilding will address truth, justice, and memory. Modern transitional justice systems trace institutional and normative roots to the post—World War II order, most famously embodied by the Nuremberg Trials, which first established that individuals could be held accountable for crimes against humanity. Nuremberg did more than punish Nazi officials; it articulated a legal and moral principle that the international community could, and sometimes must, assert jurisdiction to address mass crimes when domestic systems fail. Despite that precedent, global reactions to …

Reforming Mediation: The Hidden Inequities Shaped By Race, Gender, And Power, Victoria Seever

Journal of Dispute Resolution

Courts and policymakers often promote family dispute resolution as a faster, less adversarial alternative to traditional litigation. Yet for many women of color, the mediation table often replicates the same racial and gender power imbalances that the legal system claims to mitigate. Family Dispute Resolution (“FDR”) often fails women of color by reinforcing racialized and gendered power imbalances. Alternative dispute resolution (“ADR”), especially mediation, presents both an opportunity and a risk in divorce, custody, and intimate partner violence (“IPV”) cases. IPV cases become especially difficult with the various laws in different states that govern how mediation should be used and …

Konstitusionalitas Kebijakan Penanaman Modal Asing Sebagai Penerapan Konsep Hak Menguasai Negara Menurut Uud Nri 1945, Rico Novianto, Satya Arinanto, Fatmawati Fatmawati

Jurnal Konstitusi & Demokrasi

This article analyzes how the state position in foreign investment as an instrument for realizing public prosperity. Throughout the history of Indonesian governance, foreign capital has been a tool that can be used and has its own constitutional basis. However, if it is too large and the lack of adequate regulation of foreign investment to maintain the investment climate, it has become one of the causes of the economic and multidimensional crisis, especially around 1998 in Indonesia. In fact, the constitution has mandated an economic system based on the concept of state control, the principles of economic democracy, and the …

ความรับผิดทางอาญาของนิติบุคคลในประเทศฝรั่งเศส: วิวัฒนาการและความสำคัญทางหลักกฎหมายของแนวคิด “Personnes Morales” (Corporate Criminal Liability In France: The Evolution And Jurisprudential Significance Of The Personnes Morales Concept), Rose Charmette

Chulalongkorn University Law Journal

บทความนี้ศึกษาวิวัฒนาการของความรับผิดทางอาญาของนิติบุคคลในประเทศฝรั่งเศสผ่านแนวคิด personnes morales ซึ่งบัญญัติไว้ในมาตรา 121-2 แห่งประมวลกฎหมายอาญาฝรั่งเศส โดยศึกษาแนวคิดนี้ภายใต้กรอบของความรับผิดของนิติบุคคลต่ออาชญากรรมร้ายแรง โดยเฉพาะอย่างยิ่งในบริบทของกฎหมายอาญาระหว่างประเทศ ซึ่งโดยหลักแล้วกำหนดความรับผิดแก่บุคคลธรรมดาเท่านั้น คำถามวิจัยหลักของการศึกษานี้คือ แนวคิด personnes morales ของฝรั่งเศสช่วยอุดช่องว่างของความรับผิดทางอาญาในกรณีที่นิติบุคคลได้เข้ามามีส่วนร่วมในการกระทำความผิดอาญาร้ายแรงตามธรรมนูญกรุงโรมได้หรือไม่ และแนวคิดนี้สามารถนำมาใช้กับความรับผิดทางอาญาระหว่างประเทศได้เพียงใด บทความได้วิเคราะห์คดีสำคัญ เช่น คดีอื้อฉาวทางเภสัชกรรม Mediator คดี Lafarge S.A. ในซีเรีย และคำพิพากษา Association Sportive ซึ่งตัดสินโดยศาลอาญาของฝรั่งเศส โดยที่ศาลได้วางหลักเกี่ยวกับเจตนาของนิติบุคคล (corporate mens rea) ผสมผสานกับความรับผิดโดยอาศัยการเป็นตัวแทนและความรับผิดโดยอิสระขององค์กร รวมถึงวิธีที่ศาลฝรั่งเศสบังคับใช้บทลงโทษกับนิติบุคคลได้อย่างมีประสิทธิภาพ นอกจากนี้ ยังมีการอ้างอิงเปรียบเทียบกับสหราชอาณาจักรและสวีเดนเพื่อแสดงให้เห็นแนวทางทางเลือกอื่น ๆ และเน้นย้ำว่าระบบฝรั่งเศสมีส่วนช่วยในการพัฒนาแนวคิดความรับผิดทางอาญาของนิติบุคคลอย่างไร ท้ายที่สุด บทความนี้ชี้ให้เห็นว่าหลักคำสอนของ personnes morales ไม่เพียงแต่เป็นกรอบแนวคิดเชิงปฏิบัติเท่านั้น แต่ยังเป็นแนวทางเชิงทฤษฎีที่สามารถแก้ไขปัญหาช่องว่างของความรับผิดในกฎหมายอาญาระหว่างประเทศได้และเสนอข้อคิดสำคัญสำหรับการปฏิรูปในอนาคตเพื่อเสริมสร้างความรับผิดชอบของภาคธุรกิจในระดับข้ามเขตอำนาจศาล

Penolakan Penghapusan Kolom Agama Pada Kartu Tanda Penduduk: Krítík Terhadap Putusan Mahkamah Konstitusi Nomor 146/Puu-Xxii/2024, Krisna Bagas Purwopangestu, Nicholas Gerard Felix Simeone

Jurnal Konstitusi & Demokrasi

This article examines the Constítutíonal Court (MK) Decisíon No. 146/PUU–XXII/2024 which rejected the request to delete the religion column on the Identity Card (KTP). The Decision affirms that every Indonesian citizen must declare their religion or belief in God as expected by Pancasila and the constitutional mandate. The Constitutional Court stated that “not having a religion or belief in God cannot be considered as freedom of religion”. The Constitutional Court Decision has revived the dispute on the urgency of including religion identity on the KTP, especially about the relation between administrative requirements, the legal system of Indonesia, and protection of …

Reorientasi Kebijakan Pelindungan Anak Terhadap Adiksi Internet Dalam Perspektif Pemenuhan Hak Konstitusional Di Indonesia, I Kadek Agus Aditya Firmantara, Bagus Hermanto

Jurnal Konstitusi & Demokrasi

This article examines the paradigm shift in child protection policy in the digital environment through Government Regulation Number 17 of 2025 concerning the Governance of Electronic System Providers for Child Protection (PP TUNAS) from the perspective of fulfilling children's constitutional rights in Indonesia. The study is motivated by the increasing use of the internet by children, which not only exposes them to risks such as harmful content, sexual exploitation, and misuse of personal data, but also creates the risk of internet addiction that may adversely affect children's health, education, and overall development. Despite these concerns, internet addiction has not been …

Women’S Participation In Middle Eastern Politics: Between Cultural Norms And Democratic Aspirations, Siham Abidi, Thomas Sheku Marah

Journal Of Middle East and Islamic Studies

Women’s political participation in the Middle East remains shaped by the complex interaction of cultural norms, religious interpretations, and democratic reform processes. While existing scholarship has examined these factors extensively, limited attention has been devoted to explaining why women’s political participation varies across states with broadly similar socio-cultural and religious contexts. This study addresses this gap through a qualitative comparative analysis of Tunisia, Saudi Arabia, and Iran. Guided by Feminist Institutionalism and Political Opportunity Structure theory, the study draws on secondary data from peer-reviewed literature, legal documents, and policy reports. The findings demonstrate that women’s political participation is not determined …

Writing – Écriture, Peter Goodrich

Articles

This is the twentieth article in this series (and the fifth in volume 77).

Expanding The Cognitive Attentional Standards Platform Through Artificial Influence Assessment (Aia): Rationale, Development, And Measurement Design, Delante Clark

Graduate Scholarship and Creative Works

Artificial intelligence is increasingly shaping how individuals access information, make decisions, and interact with digital environments. The Cognitive Attentional Standards Platform (C.A.S.) was developed to assess attention related harms, cognitive safety, digital autonomy, and platform influence across digital systems (Clark, 2026). However, the growth of generative AI, conversational agents, and algorithmic decision support technologies has introduced new forms of influence that may not be fully captured by existing assessment domains. This paper proposes the Artificial Influence Assessment (AIA) as an expansion of the C.A.S. framework designed to measure AI mediated influence on cognition, behavior, autonomy, and information processing. Drawing on …

Governing Algorithmic Attention: Attention Safeguard Models And The Cognitive Attentional Standard As System Level Interventions In Human Computer Interaction, Behavioral Economics, And Artificial Intelligence, Delante Clark

Graduate Scholarship and Creative Works

Algorithmic recommendation systems and interface designs shape attention by combining visually salient cues with uncertain reward timing and low friction interaction. These conditions can sustain anticipatory checking, extend time on task, and reduce natural disengagement points through patterns such as infinite scrolling and autoplay. This paper synthesizes research across neuroscience, human computer interaction, behavioral economics, and artificial intelligence to argue that attention capture is a predictable outcome of incentive driven design rather than an individual failure of self regulation. It advances the Attention Safeguard Models and the Cognitive Attentional Standard as system level interventions that regulate exposure conditions, pacing, and …

Ndls Communicator: Week Of 06.29.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Olivia Rogers ’23 J.D. to clerk for U.S. Supreme Court Justice Amy Coney Barrett
• Notre Dame Law School Announces Faculty Promotions for Susan Azyndar and Msgr. John Paul Kimes
• ND Law’s Program on Church, State & Society Announces 2026 Writing Competition Winners
• Notre Dame Law School is Cultivating Hope

Faculty Briefs

• Paolo Carozza
• Francisco Urbina
• Mary Ellen O'Connell
• Jeff Pojanowski
• Haley Proctor
• Derek Muller
• Rick Garnett
• Ashley Sanchez
• Susan Azyndar & Yan Yu
• Carter Snead
• Emily Bremmer
• Emilia Powell
• Howard Glickstein

ND Law in the News

• Notre Dame Law School was mentioned in coverage of Indiana’s eviction …

[Early Bird] The Texas Common Ownership Litigation: Sustainability, Competition, And The Boundaries Of Asset Manager Capitalism, Federico Ghezzi

Yearbook of Antitrust and Regulatory Studies

This article analyzes the recent attempt by the Texas Attorney General to invoke the common ownership doctrine as a new antitrust weapon against large institutional investors allegedly engaged in coordinated ESG strategies. The case represents a peculiar reversal of the traditional logic of the theory: rather than being used to constrain horizontal shareholdings that may reduce competition, common ownership is deployed here to challenge collective action aimed at promoting environmental sustainability. The paper situates this development within the broader debate on the anticompetitive effects of horizontal ownership, briefly examining the economic assumptions underlying the theory, the limits of its empirical …

Aligning Artificial Intelligence To The Law, Jack Boeglin

Villanova Law Review (1956 - )

No abstract provided.

Living In The Past: The Corporate Practice Of Medicine Doctrine’S Misguided Revival In An Era Of Private Equity, John Palmer

Villanova Law Review (1956 - )

No abstract provided.

Still Working Nine To Five: How Boyer V. United States Keeps Women Stuck With Prior Pay Inequality, Mckenna Wark

Villanova Law Review (1956 - )

No abstract provided.

Judicial Rhetoric: Writing Persuasive Opinions, Gerald Lebovits

Arkansas Law Review

In 1947, Judge George Rose Smith denounced, in the Arkansas Law Review, the “dearth of material concerning the mechanics of writing a judicial opinion” as a “striking omission in legal literature.” He was right.

The lack of attention given to the judicial opinion-writing process back then was hard to justify. Judges spend much of their time writing decisions. Decisions are important. They determine rights and responsibilities, as well as resolve controversies. Scholars have written about every aspect of judging and legal issue—except one of the most important ones: how to decide a case and justify the decision. Judicial opinions set …

Promoting A Rhetoric Of Judicial Legitimacy In Pro Se Litigation, Alistair E. Newbern

Arkansas Law Review

In recent months, headline after headline has decried twin threats to the federal judiciary: declining public trust in the courts and escalating threats to judges’ personal safety. The public’s opinion of the Supreme Court reached “close to a three decade low” in 2025, while Americans’ confidence in the federal judiciary as a whole “dropped to a record-low 35% in 2024.”

In his 2024 Year End Report on the Federal Judiciary, Chief Justice John Roberts identified a recent uptick in four areas of “illegitimate activity” that “threaten the independence of judges on which the rule of law depends: (1) violence, (2) …

The Rise Of Options Contracts In Sports, The Post-Murphy Regulatory Conundrum, And Implications On Federalism, Scott Barboza

UNH Sports Law Review

The Supreme Court’s decision in Murphy v. N.C.A.A. dismantled the federal prohibition on state-authorized sports betting and returned its primary regulatory authority over to the states. Following Murphy, states adopted widely varying sports-betting regimes. At the same time, advances in financial technology and the growing popularity of prediction markets created a new form of event-based speculation operating outside the traditional sportsbook model. Platforms such as Kalshi began offering “yes-no” contracts tied to sporting outcomes through federally regulated exchanges overseen by the Commodity Futures Trading Commission, framing such products not as wagers, but as financial derivatives governed by the Commodity Exchange …

Digitalization Of Medicine Through Telemedicine: The Legal Framework And Medical Liability, Samira Krourou

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

This study examines telemedicine as a modern medical practice linked to the technological and informational advancements that humanity has witnessed and that have been positively integrated into the medical field. It has become possible to examine and treat patients without requiring their physical presence in a clinic or hospital, unlike the traditional approach, that necessitates the patient's presence and direct contact with their physician. Contemporary medical practice is no longer confined to examination and prescription alone; it has expanded to encompass more complex domains, notably enabling remote surgical interventions. In light of technological progress in medicine, it has become necessary …

Deepfake: A Practice On The Edge Of Legality, Bouthaïna Aaziz

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

Deepfakes – hyperrealistic videos manipulated using deep learning algorithms – raise significant legal challenges touching on human rights and legal governance. A deepfake usurps the identity of its victim to exploit their credibility and reputation. This article examines the applicable legal framework, first identifying pre-existing rules from Moroccan law (civil liability, personal data protection under Law No. 09-08, criminal provisions of the Penal Code and Press Law No. 88-13) that can be applied to deepfakes, and then advocating for the adoption of an adapted legal framework. The author distinguishes between creative deepfakes (requiring informed consent) and manipulative deepfakes (requiring criminal …

Comparative Analysis Of Freedom Of Thought, Conscience, And Religion In India, Pakistan, And Bangladesh, Abhishek Chakrabarti

Northwestern Journal of Human Rights

The freedom of thought, conscience, and religion is a fundamental human right enshrined in Article 18 of The Universal Declaration on Human Rights (UDHR). However, religious minorities in South Asia are often deprived of this fundamental right. Muslims in India, Ahmadiyyas, Hindus, and Christians in Pakistan, and Hindus in Bangladesh face challenges including educational marginalization, economic and political marginalization, and social stigma in the society. The Note presents a comparative analysis of the freedom of thought, conscience, and religion across the three most populous countries in South Asia–India, Pakistan, and Bangladesh–that also share a long cultural, linguistic, and religious history. …

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Unfriending The Kids: The Problematic Race To Childproof Social Media, Randolph A. Robinson Ii

Cleveland State Law Review

A growing number of states have recently enacted new laws with the goal of protecting young people from potential harm allegedly caused by social media use. These laws are diverse in their approaches but broadly seek to limit youth access to social media platforms by imposing age verification and parental consent requirements. These laws directly implicate the First Amendment rights of both young users who will no longer be able to access speech or speak on social media platforms as well as adult users who must now submit to age verification to access these quintessential forums for political discourse.

These …

From Maps To Meadows: Ecologically Literate Zoning And The Regeneration Of Wildlife Habitats, Jonathan Rosenbloom

Cleveland State Law Review

For more than a century, zoning has shaped the American landscape, often at the expense of wildlife and ecosystems. Rooted in legal doctrines that treated animals as property and nature as a raw material, zoning codes have fragmented habitats, erased migration corridors, and accelerated biodiversity loss. At the same time, federal protections are narrowing, leaving critical gaps in environmental governance. This Article argues that local governments possess both the authority and the obligation to respond. By embedding ecological principles into zoning—through conservation districts, wildlife corridor protections, wetland buffers, pollinator protections, dark skies, wildlife fencing, habitat restoration, and others—municipalities can transform …