Digital Commons Network^™

Evolution Of Indian Bilateral Investment Treaties: Pre And Post Revision Of Model Bit, S.R. Subramanian

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Due Diligence Standard For Preventing Trans Boundary Cyber Harm: Expectation Or Obligation?, Dafina Bucaj

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Arbitrability Of Government Contracts Disputes Between State Sovereignty And Investors’ Guarantees: A Comparative Study, Arem Sayed Aboelazm, Fady Tawakol, Mohammad Rababa

All Works

This paper examines the balance between state sovereignty and the subordination of states to non-national jurisdictions. It explores jurisprudential and legal perspectives on arbitration in state contracts and highlights its implications for the legal framework governing such contracts (Alanzi, 2021a; Abbas, 2020). The analysis focuses on Egypt and the United Arab Emirates (UAE), assessing the legitimacy of arbitration in state contracts within both jurisdictions. A descriptive-analytical method is applied to investigate the debates among public law scholars regarding the admissibility of arbitration in disputes involving state contracts, as well as the arguments underpinning their positions. In parallel, a comparative analytical …

Masalah Pengungsi Ditinjau Dari Segi Hukum Internasional Publik, Sri Setianingsih Suwardi

Jurnal Hukum & Pembangunan

Abstract

Hak Untuk Menentukan Nasib Sendiri Dalam Hukum Internasional Publik, D. Sidik Suraputra

Jurnal Hukum & Pembangunan

Abstract

Antara Polisi, Masyarakat Dan Pembinaan Kamtibmas, I. Nyoman Nurjaya, S.H.

Jurnal Hukum & Pembangunan

Abstract

Azas Presumption Of Innocence Di Negara Hukum Indonesia (Suatu Pemehaman Empirik), I. Nyoman Nurjaya, S.H.

Jurnal Hukum & Pembangunan

Abstract

Pertanggungjawaban Terhadap Delik-Delik Ekonomi, Prof. Dr. A. Zainal Abidin F., S.H>

Jurnal Hukum & Pembangunan

Abstract

Civil Liability In Airbnb Transactions And The Legal Gaps In Consumer Protection In Vietnam, Tuan Ngoc Tran

International Journal on Consumer Law and Practice

The rapid growth of the collaborative or sharing economy has posed numerous challenges to traditional legal systems, particularly in relation to short-term accommodation. As a decentralized, intermediary platform, Airbnb raises complex legal issues concerning the allocation of civil liability, enforceability of contracts, and mechanisms for consumer protection. In the context of Vietnamese law, where there is a lack of clear regulatory frameworks to govern digital platforms, consumers risk having their rights infringed without effective legal remedies. The article focuses on three core issues: the legal classification of hosts on Airbnb, the enforceability of clickwrap contracts, and the cross-border enforceability of …

Mmu: 03/02/26-03/08/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Should Single-Sales-Factor Formulas Be Constitutional?, Reuven S. Avi-Yonah

Articles

On October 28, 2025, Florida sued California in the Supreme Court over its application of a single-sales-factor (SSF) formula to exclude large out-of-state asset sales. But Florida couched its critique in much broader terms, seemingly attacking the validity of the SSF altogether. Florida Attorney General James Uthmeier (R) stated that: California has created a tax system that punishes economic freedom. We will not tolerate California over-taxing revenue earned in Florida. The Newsom regime is obviously attempting to punish business owners who have fled California due to its disastrous policies. Given that multitudes of California businesses and residents are moving to …

After Universal Injunctions: The Practical Perils Of Trump V. Casa, Rajiv Malhotra

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

On his first day in office, President Trump signed an executive order seeking to drastically limit birthright citizenship—a longstanding constitutional principle under which individuals born in the United States automatically acquire citizenship, regardless of their parents’ immigration status. While many supporters of President Trump commended the order as a necessary protection against illegal immigration, constitutional law scholars on both sides of the political spectrum did not share this enthusiasm. The executive order was widely understood to conflict with the Citizenship Clause of the Fourteenth Amendment and the Immigration and Nationality Act of 1952, which codifies statutory protections for birthright citizenship. …

The U Visa At 25: Legislative Missteps, Bureaucratic Neglect, And Geographic Roulette, Jason A. Cade

Scholarly Works

A quarter century ago, Congress created the U visa with dual goals: protecting immigrant crime victims and facilitating law enforcement cooperation by removing deportation barriers to crime reporting. Yet the program as implemented has fallen dramatically short of these aims. This Essay provides the first comprehensive analysis of the U visa's structural failures at its twenty-fifth anniversary. Two fundamental design flaws plague the program. First, Congress capped U visas at 10,000 annually-far below actual need-while the immigration agency has consistently failed to implement congressionally-authorized interim protections. The result is that, as of 2025, applicants wait five years for work authorization …

Brief Of Copyright Scholars As Amici Curae In Support Of Respondent In Emmerich Newspapers, Inc. V. Particle Media, Inc., Jess Miers, Mark A. Lemley, Rebecca Tushnet

Akron Law Faculty Publications

The server test has served us well for nearly two decades. It matches the language of the statute, the well-settled distinction between direct and secondary liability, and the nature of the technology. The copyright owner here makes the work available freely to every site visitor, and may stop embedding with a few clicks on the keyboard. There is no need to strain the law of direct liability to protect any legitimate interests it might have.

This Court should decline the invitation to create a circuit split that would upset settled expectations and turn millions of online posters into infringers overnight.

Ndls Communicator: Week Of 03.02.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Exoneration Justice Clinic Client Reginald “Reggie” Dillard Exonerated After 27 Years of Wrongful Imprisonment

Student News

• William Branson Donahue
• Dennis Wieboldt
• Perla Khattar
• Nicolás Buitrago-Rey

Faculty Briefs

• Carter Snead
• Diane Desierto
• Mary Ellen O'Connell
• Francisco Urbina
• Rick Garnett
• David McIlroy
• Paolo Carozza
• Ashley Sanchez

ND Law in the News

• Several outlets highlighted the Notre Dame Law School Exoneration Justice Clinic’s work in the exoneration of clinic client Reggie Dillard.

Events

• Law & Technology Seminar: Raúl Madrid, Professor of Law and Director of the Program on Law, Science, and Technology at the Pontificia Universidad Católica de …

The Trump Administration’S Theory Of Constitutional War Powers: “The President Could Decide”, Rebecca Ingber

Online Publications

President Donald Trump has launched another unlawful war, this time in the service of regime change in Iran. The administration has been threatening the use of force for weeks, but provided very little public justification, description of what the president hoped to accomplish, or explanation for how the use of force would effectuate such goals. It has also to date presented no legal justification whatsoever. Much of what we know at this moment about how the administration views, and how it lawyers, questions of war powers can be derived from the one legal memorandum the administration has released on the …

Three Bites Of The Apple, Jeffery M. Kadet, Philip L. Jezzi, Brian J. Visalli, David G. Chamerlain, Stephen L. Curtis, Reuven S. Avi-Yonah

Articles

In her latest letter, “A Second Bite at the Apple,” Kimberly Blanchard repeats her recent criticisms of the September 2024 EU Court of Justice decision concerning two Irish-incorporated Apple subsidiaries. Her letter title, which of course inspired the title of this article, and her explanations recall the 1967 MGM comedy Three Bites of the Apple, in which a helpful stranger offers elaborate explanations for why taxes need not be paid. In the film, and perhaps in this exchange as well, the relevant question is who ultimately benefits from the arrangement.

This exchange began with professor Philip Laroma Jezzi article reassessing …

Testamen Yang Dibuat Warga Negara Indonesia Di Luar Negara, Prof. Dr. Mr. Sudargo Gautama

Jurnal Hukum & Pembangunan

Abstract

Pembangunan Hukum Lingkungan (Dalam Mengiringi Terbitnya Dasawarsa Lingkungan Ke=Ii), Prof. Dr. Mr. St Munadjat Danusaputro

Jurnal Hukum & Pembangunan

Abstract

Logic, Experience, Dan Pengembangunan Hukum, M. Rachim Sjaian, S.H.

Jurnal Hukum & Pembangunan

Abstract

Kemenangan Republik Indonesia Dan Negara-Negara Opec Dalam Perkara Bandingan Di Amerika Serikat (Suatu Keputusan Penting Untuk Perkembangan Hukum Perdata Internasional), Prof. Dr. Mr. Sudargo Gautama

Jurnal Hukum & Pembangunan

Abstract

The White-Colar Crime Sebuah Konsepsi Sosio-Kriminologi, I. Nyoman Nurjaya, S.H.

Jurnal Hukum & Pembangunan

Abstract

Perjanjian Internasional Tak Tertulis Dalam Hukum Perjanjian Internasional, Wayan Parthiana, S.H.

Jurnal Hukum & Pembangunan

Abstract

Pma Dan Uupma Harapan Dan Kenyataan (Sebuah Telaah Mengenai Kebijaksanaan Penanaman Modal), T. Mulya Lubis, S.H., Ll.M.

Jurnal Hukum & Pembangunan

Abstract

Arbitrase International Mengenai Perselisihan Penanaman Modal, Prof. Dr. Mr. Sudargo Gautama

Jurnal Hukum & Pembangunan

Abstract

Collar Correction For Lenity: Modifying The Rule Of Lenity To Promote More Equitable Application To White-Collar And Blue-Collar Defendants, Brennan Corriston

Fordham Law Review Online

Centuries ago in England, when most crimes were punishable by death, judges—aware of the unfairness of this system—construed penal statutes narrowly. This was “to stem the march to the gallows” and to protect citizens from this overly harsh regime. From these harsh origins arose the rule of lenity, which instructs that when the scope of a criminal statute is ambiguous, courts should select the less harsh—i.e., more lenient—interpretation of the statute. This principle can serve constitutional functions: lenity safeguards due process by ensuring that the public has fair notice about the reach of criminal laws, and it safeguards separation of …

Desperate Crossings, Unjust Seas: Challenging The Interdiction And Forcible Return Of Asylum Seekers On The High Seas, Katarina Herring-Trott

Fordham Law Review Online

In the past two years, irregular maritime migration has reached levels not seen in decades. International human rights law requires that states screen migrants’ asylum claims and prohibits states from returning migrants to a place where they face persecution. However, due to recent trends in refugee securitization, states attempt to dodge their international obligations by going to the high seas and forcibly returning migrant vessels. States are not held accountable for these forced returns, owing to gray areas in overlapping provisions of maritime and human rights law. This Essay analyzes ambiguous maritime law provisions, interpreting them in accordance with relevant …

Blockchain Evidence: How Smart Litigators Can Keep It Out At Trial, Alexandra Sahara

Fordham Law Review Online

A blockchain is a peer-to-peer decentralized ledger that records transactions by creating a secure, time-stamped chain of information. A network of nodes—computers that use a consensus mechanism and cryptography—stores this information, creating a long and permanent history of verified transactions—in other words, blocks on the blockchain. Blockchain records provide valuable, verifiable documentation of facts that can be used in litigation; this renders blockchain a more attractive archival option compared to standard electronic archives, which can be altered. As more blockchains emerge, litigators will need to verify their authenticity and reliability because valuable and sensitive evidence may only be accessible via …