Digital Commons Network^™

Brief Of Public Health And Health Law Scholars As Amici Curiae Urging Affirmance In Support Of Plaintiffs-Appellees, Rachel L. Zacharias, Zeinab Bakhet, Kevin Costello, Maya Manian

Amicus Briefs & Court Filings

INTRODUCTION: Physicians’ use of their judgment and expertise to prescribe drugs and devices for purposes other than those approved by the Food and Drug Administration (“FDA”)—colloquially known as off-label use—is an indispensable feature of modern medicine. The FDA approves drugs as “safe and effective for specific indications.” Christopher M. Wittich, Christopher M. Burkle & William L. Lanier, Ten Common Questions (and Their Answers) About OffLabel Drug Use, 87 Mayo Clinic Procs. 982, 982 (2012). Federal law then generally leaves prescribing decisions, including off-label use of FDA-approved drugs and devices for a patient’s particular indication, to physicians acting under state law …

An Introduction To Proactive Principles Related To Environmental Protection And Sustainable Development, Asmaa Alami, Hasnaa Alami

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

The Moroccan legislature has established a very robust legal framework for environmental protection. It has also made sustainable development a strategic priority aimed at strengthening measures to mitigate and adapt to climate change and combat desertification, as well as enacting institutional, economic, financial, and cultural reforms in the field of environmental governance. Moroccan lawmakers have enacted a set of proactive principles that serve as a framework to be followed when the state, local authorities, public institutions, state-owned enterprises, and other stakeholders in the fields of the environment and sustainable development formulate and implement policies, strategies, programs, and action plans. These …

What Impact Do Informal Actors Have On Tax Decision-Making?, Najat Elammari, Hicham Bendarkaoui

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

This article examines the influence of informal actors on tax decision-making in Morocco, highlighting that this process is not limited to official institutions but is also shaped by the involvement of national and international actors who play influential roles in guiding tax policy. The article demonstrates that international financial institutions, foremost among them the International Monetary Fund and the World Bank, have played a prominent role in guiding tax reforms—particularly within the framework of structural adjustment programs—by linking financial support to the implementation of reforms aimed at improving the efficiency of the tax system. It also highlights the role of …

How Migrants Fleeing The Mexican Drug War Changed American Labor Markets, Mark Borgschulte, Yuci Chen, Eduardo Medina-Cortina

Upjohn Institute Policy and Research Briefs

No abstract provided.

Ndls Communicator: Week Of 07.13.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School holds sixth annual Notre Dame Religious Liberty Summit in Chicago
• Notre Dame Law Professors Offer Insight on Supreme Court Rulings
• Veronica Maska '26 J.D. wins 2026 Smith-Doheny Legal Ethics Writing Competition
• Funeral Services for Professor of Law Emeritus G. Robert Blakey

Alumni News

• Dennis Wieboldt '26 J.D.
• Devan Patel '20 J.D.

Faculty Briefs

• Notre Dame Law School and the Ukrainian Catholic University Faculty of Law jointly organized the conference "Rule of Law at the Time of a Change of Epoch: Case of Ukraine" at Notre Dame London on June 25–26.
• Derek Muller
• Sherif …

Extending Premerger Notification To Labor Markets, Eric A. Posner, Elena Prager

Coase-Sandor Institute for Law & Economics Research Paper Series

US antitrust law requires mergers above a certain size to be reported to the federal antitrust agencies for review prior to consummation. For decades, this premerger notification process and subsequent merger review focused nearly exclusively on product markets. In the last few years, the agencies have also begun to challenge mergers on their effects on labor markets. But the agencies’ ability to detect potential labor market harms is hampered by an absence of labor market information at the premerger notification stage. This article proposes specific types of information that the agencies could collect about labor markets in order to put …

Maritime Wrecks In Moroccan Law, Farid Hatimy

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

This paper examines the concept of maritime wrecks under Moroccan law, exploring its relationship with property rights, maritime navigation safety, fishing industry, and marine environment protection. The author, Farid Hatimy, addresses the challenge posed by the absence of a legal definition of "wreck" and confusion with similar concepts. The paper identifies three categories of maritime wrecks under Moroccan dahirs of 1916 and 1923, including shipwrecks in their broadest sense. The author notes that maritime wrecks derive their specific character from the location of discovery, except for shipwrecks, which are considered maritime wrecks even beyond Morocco's maritime public domain boundaries.

The Concept Of Maritime Wrecks, Farid Hatimy

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

This paper examines the concept of maritime wrecks under Moroccan law, addressing the high number of shipwrecks and ancient wrecks found along Morocco's maritime public domain. The author, Farid Hatimy, highlights the concentration of wrecks near major ports, coastal capes, and other hazardous areas, posing risks to navigation, marine environment, and public health. The paper notes that wrecks often occupy port public domain, remain unmarked, and result from adverse weather, international hostilities, or human negligence. The author emphasizes the difficulty posed by the absence of a legal definition of "wreck" and the confusion with similar concepts, aiming to clarify the …

Presentation Of The Work: "The Arab Regional System", Mohamed Bennouna

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

This paper presents a collective work edited by Maurice Flory and Pierre-Sateh Agathe, published by CNRS in 1989, which aims to fill a gap in European-language bibliography on the Arab regional system. The author, Mohamed Bennouna, highlights the importance of this publication at a time when the Arab world seeks to overcome internal divisions and speak with a more united voice on critical issues such as the Middle East, Palestine, Lebanon, and the Iran-Iraq conflict. The paper discusses Professor Sadok Belaïd's assessment of whether an Arab regional system truly exists, noting progress from "coordination" to "cooperation" while acknowledging structural deficiencies …

Information Law, Ahmed Hidass

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

This paper examines the evolving scope of information law in response to the proliferation of media over the past three decades. The author, Ahmed Hidass, explores how the term "information" has expanded from its ordinary meaning—the act of gathering and disseminating knowledge—to encompass judicial procedures, scientific applications (including cybernetics and computing), and the broader field of communication. The paper highlights the conceptual confusion arising from the overlap between "information" and "communication," particularly influenced by the Anglo-Saxon school of media studies. The author defines information as the publication of knowledge or judgments through words, sounds, images, or any intelligible signs accessible …

The Scientific Decision-Making Process In Interpreting Economic Phenomena For Development Action, Mohamed Benchekroun Karimi

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

This paper examines the scientific approach to decision-making in the interpretation of economic phenomena for development purposes. The author, Mohamed Benchekroun Karimi, argues that decision-makers at all levels must rationalize human, financial, material, and technological resources while considering the time factor. The analysis is structured around key management functions: planning, organization, direction, and control. These objectives are pursued through frameworks such as Management Science, Operations Research, or Decision Science. In a rapidly changing society, public and private organizations must rationally confront complex interrelations, clearly understanding their direction, objectives, and actions to ensure efficiency and achieve organizational goals.

Budget Deficit And Inflation Tax, Ahmed Zejly

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

This paper examines the relationship between the state budget deficit and the inflation tax, challenging the traditional Keynesian view that higher deficits stimulate economic activity. The author, Ahmed Zejly, argues that conventional deficit definitions overlook resource transfers caused by price increases between the state budget and other economic agents, thereby overestimating the true deficit. Using Moroccan data, the paper proposes a refined definition that accounts for these inflationary transfers. It also explores the limits of using the inflation tax as a means of financing the budget deficit. The analysis contributes to a more nuanced understanding of fiscal policy and its …

Spin-Offs And Business Creation: Elements For Reflection, Rachid Belkahia

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

This paper reflects on the recent revival of entrepreneurship and the renewed recognition of firms as engines of innovation and wealth creation. The author, R. Belkahia, highlights the particular attention given by public authorities to the creation and promotion of SMEs, which offer advantages such as greater responsiveness, adaptability, and job creation compared to large enterprises. Despite various incentive measures, particularly in financing, business creation remains a marginal phenomenon. The paper identifies psychological factors, administrative burdens, and banks' asset-based approaches as key deterrents. The author calls for a deeper understanding of these barriers to foster a more dynamic entrepreneurial ecosystem.

The Issue Of Opening The Capital Account And The Goods And Services Account In The Process Of Liberalizing External Transactions, Mohamed El Qorchi

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

This article examines the theoretical underpinnings and macroeconomic implications of liberalizing external transactions, specifically focusing on the opening of the capital account and the goods and services account. The author, Mohamed El Qorchi, does not take a position for or against liberalization, but rather seeks to draw theoretical lessons and highlight the consequences of implementing such a process. The analysis addresses how economic theory approaches the interactions between macroeconomic variables following liberalization, emphasizing the need to resolve internal distortions in goods and capital markets before pursuing external opening. The study underscores the importance of reducing inflationary financing and establishing sound …

A Review Of Juvenile Solitary Confinement In The United States: Why Developmental Science Supports Banning Isolation Of Youth, Morgan R. Wagner, Krystia Reed, April Thomas

Northwestern Journal of Human Rights

The use of solitary confinement in carceral settings has been prevalent in the United States for as long as the justice system has been in place. The practice of isolating people who are incarcerated from the general prison population was adopted in the juvenile justice system as well, despite the system’s purported focus on rehabilitation. This paper reviews the developmental psychological literature suggesting that solitary confinement can harm adolescents in a variety of ways (psychological, psychosocial, and physical). We then discuss the prevalence of juvenile solitary confinement in federal and state courts. Finally, considering this research, we identify goals for …

Mandating Proactive Algorithmic Accountability: A Study Of Legal, Economic, And Technological Challenges In Combating Human Trafficking On Chinese Social Media Platforms, Haoyu Dong

Northwestern Journal of Human Rights

Human trafficking increasingly relies on digital platforms, where algorithms connect traffickers with buyers, amplify illicit content, and facilitate transactions at an unprecedented scale. Yet China's legal framework remains largely reactive, imposing liability on platforms only after illegal content has been detected and removed. This Article argues that such a notice-and-takedown approach is no longer sufficient to combat trafficking in an algorithm-driven online environment.

This Article proposes a proactive model of algorithmic accountability. It contends that digital platforms should be held legally responsible when they fail to design, monitor, and refine their algorithms to prevent the dissemination and amplification of trafficking-related …

Nil And Contract Law: Advising A Prospective College Athlete Through Competing Name, Image, And Likeness Agreements, Jason Kight, Marcy Faircloth, Lori Mikl, Rachel Silverman

The COSMA Journal

Name, Image, and Likeness (NIL) agreements have created significant financial opportunities for amateur and collegiate athletes while also introducing complex legal, ethical, and strategic decision-making challenges. This decision-focused teaching case places students in the role of trusted advisors to Archie Stafford, a highly recruited high school athlete who must evaluate and compare multiple NIL contract offers connected to his preferred college options. By analyzing NIL agreements, students assess contract enforceability, identify key legal and business risks, weigh legal, contractual, ethical, and reputational disclosure obligations, and formulate a reasoned recommendation aligned with Archie’s academic, athletic, financial, and long-term career goals. The …

Work, Take Pains…, Mohieddine Amzazi

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

Borrowing its title from La Fontaine's well-known fable—and playing on the dual meaning of "peine" as both effort and penal punishment—this contribution invites a broadening of the field of reflection to encompass the labor of prisoners. The author stresses that the penitentiary question must not be excluded from scholarly concern, even though the dominant attitude toward it is one of indifference. This indifference is, first, that of the legislator: prison has scarcely drawn legislative attention since 1930, when limited amendments were made to an already older body of basic legislation. It is also the indifference of public authorities, hesitant to …

Historical Foundations And Nature Of Social Protection In Morocco, Faouzi Britel

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

Although the term "social security" appeared only late in a legal text—the American Social Security Act of 14 August 1935—the underlying concept is far older. As early as 1794, a convention appeal proclaimed the principle of universal social and retirement protection, asserting the citizen's right to work when able, to education as a child, and to public assistance in infirmity or old age, and calling on the nation to enshrine such rights within an organized democracy. The full consecration of the expression "social security" nonetheless awaited the Universal Declaration of Human Rights of 10 December 1948, which guaranteed security against …

Elements For A Critical Evaluation Of Moroccan Labor Law, Abdelghani Dhimene

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

Unlike other branches of private law, labor law is at once pragmatic, realistic, and expansionist. It is pragmatic because it serves as the State's privileged instrument of political and economic action, used to intervene in the labor market and general economic conditions in order to secure the welfare of the most disadvantaged segment of the population, the working class; public authorities thus readily steer the national economy through regulation of apprenticeship, dismissals, and the enterprise, channeling the workforce toward sectors requiring expansion or contraction. It is expansionist because its scope, once confined to industry and manual workers, has progressively extended …

The Craftsman And Labor Legislation: Which Status?, Abdelhak El Khyari

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

Craftsmanship occupies a privileged place in Morocco's national economy: with an estimated 800,000 to one million artisans, the sector is the second-largest provider of employment after agriculture and a significant source of foreign currency through exports. Paradoxically, the craftsman holds the most precarious status of all workers—lacking even minimal social protection, occupying a highly ambiguous position under labor legislation, and, in certain branches such as child labor in carpet-making, subjected to exploitation bordering on slavery. This study highlights the manifest failure of public authorities to protect the artisan, whether as an independent worker or as an employee. As an independent …

“To Complete Our Declaration”: The American Indian Chicago Conference, The Declaration Of Indian Purpose, And The Quest For Self-Determination, Joseph W. Ferguson

Department of History

The American Indian Chicago Conference (AICC) illuminates understudied elements within twentieth century Indigenous history. Post WWII policies of termination came to frame the conference, and archival evidence from the planning and establishment of regional conferences and founding documents allows for analysis of the deeper meaning the conference held. The planning phases, schedule, events, and outcomes of the conference indicate factors of a national Indigenous community and identity that have yet to be fully explored in the historiography of this period. The implications of termination policies on Indigenous peoples in North America act as a starting point for the conference’s development. …

Cardozo Law News Brief: July 10, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the July 10, 2026 Cardozo Law News Brief include:

• Interim Dean of Students Francesca Acocella received the National Association of Law Student Affairs Professionals’ (NALSAP) Core Four Award in recognition of her outstanding contributions to law student affairs.
• Professor Jessica Roth spoke to Bloomberg about the Supreme Court’s Cook, Slaughter, and birthright citizenship decisions, discussing their implications for the Fourteenth Amendment.
• Professor Michael Pollack was quoted in Bloomberg about the legal history of sidewalks and responsibilities for their maintenance, and also appeared on CNN to discuss a viral story about community sidewalk construction.
• Adjunct Professor Gary …

Recently Published — Special Issue On "Privatization" Of The Moroccan Review Of Public Finance And Economics, Mostafa Rhomari

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

This note presents a recently published special issue of the Revue Marocaine de Finances Publiques et d'Économie (Moroccan Review of Public Finance and Economics) devoted to privatization in developed countries, developing countries, and Morocco. Rather than summarizing the individual contributions, the author highlights the multidisciplinary reference points (finance, economics, law) addressed from different angles. The issue opens with the foundations, philosophy, and objectives of privatization in Morocco as presented by the Minister Delegate for Economic Affairs and Privatization, followed by contributions examining the considerable stakes of privatization, the disengagement of the State, the conceptual questions it raises, and its financing …

The Modernization Of Public Administration In Morocco, Mostafa Rhomari

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

This article examines the modernization of public administration in Morocco, structured around three main axes. The first concerns the simplification of administrative circuits and procedures, a permanent concern of the public authorities, illustrated by reforms in personnel management, public procurement, and social-welfare procedures, and by the Royal Letter of June 1989 aimed at reducing the administrative delays that discourage investment. The second axis addresses the modernization of management methods, focusing on the administration's computerization (informatisation) and the need for an appropriate inter-ministerial coordination structure to rationalize information-technology resources and harmonize ministerial programs. The third axis defines a personnel policy, emphasizing …

The Experience Of Administrative Reform In Morocco, Hassan Ouazzani Chahdi

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

This article traces Morocco's experience of administrative reform from independence to the late 1980s, conceived less as a single rupture than as a series of continuous adaptations of the inherited administrative apparatus. After discussing competing definitions of administrative reform, the author examines how the theme has been articulated in political discourse - royal and prime-ministerial speeches - in successive national development plans (from 1973-1977 to 1988-1992), and in administrative texts emanating chiefly from the Ministry of Administrative Affairs. The second part assesses reform in practice across three domains: the reform of ministerial structures undertaken from 1973, the reform of public-service …

The Provincial And Prefectural System In Morocco, Abdelfattah Eddahbi

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

This article examines Morocco's provincial and prefectural system, characterized by a historical specificity that blends Muslim and Makhzen traditions with principles borrowed from French public law (deconcentration, decentralization, administrative supervision). The first part identifies the actors of the system: the provincial or prefectural assembly, a marginalized elected body subject to strict supervisory control (tutelle) over both its acts and its members, and the governor, the State representative who holds preeminent executive power through information-gathering and decision-making. The second part analyzes the governor's missions, distinguishing traditional missions (hierarchical power over local authority agents, maintenance of public order and administrative police powers) …

The Control Of Public Administration In Morocco, Abdellah El Moutaouakil

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

This article offers a critical survey of the mechanisms controlling public administration in Morocco at the central level. Distinguishing internal from external controls, the author first examines internal administrative controls - the 'apparent' controls exercised by inspection bodies with limited or extended competence (notably the General Inspectorate of Administrative Services and the General Inspectorate of Finance) and the 'presumed' controls inherent in administrative hierarchy, whether exercised ex officio or upon appeal by citizens. He then analyses external controls: judicial review before the Supreme Court, financial control by the recently established Court of Accounts, parliamentary control through written and oral questions, …

An Essay On The Definition Of The Ship (Maritime Law, Law Of The Sea), Mohamed Dhimni

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

Public international maritime law and the law of the sea provide no uniform definition of the 'ship', a lacuna left unresolved by the 1958 Geneva Conventions and the 1982 Montego Bay Convention. This study surveys three sources - legal doctrine, national legislation and international conventions - to identify the constitutive criteria of the vessel. The author shows that, despite considerable terminological confusion arising from the proliferation of new craft (hovercraft, hydrofoils, floating platforms, automated and submersible engines), doctrine and most legal texts converge on aptitude for maritime navigation as the essential criterion. After examining how comparative legislation and successive conventions …

American Military Actions Against Libya And International Law, Abdelkhaleq Berramdane

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

This article examines, under public international law, the legality of the two United States military operations against Libya in 1986: Prairie Fire (24-25 March) and Eldorado Canyon (14-15 April). The author argues that both contravene the customary and conventional obligation of non-intervention and the prohibition of the use of force in Article 2(4) of the UN Charter. Relying on the International Court of Justice's Nicaragua and Corfu Channel judgments and on General Assembly resolutions, he shows that the conditions for self-defence under Article 51 - prior armed aggression, necessity and proportionality - were not met. The study then qualifies this …