Digital Commons Network^™

Beyond Walls And Wires: The Supreme Court’S Recognition Of Digital Privacy Under The Fourth Amendment, Joanna Morris

Discovery Day - Daytona Beach

The Founding Fathers included the Fourth Amendment in the Bill of Rights to protect individuals from unreasonable searches and seizures and their right to privacy. However, rapid advances in modern digital technology have challenged traditional definitions of privacy, raising constitutional questions about digital privacy rights. Smartphones and location tracking collects personal information that does not fit neatly within pre-digital era Fourth Amendment doctrines. This research examines how the United States Supreme Court has adapted interpretations of the Fourth Amendment to address digital privacy concerns, focusing on the tensions between Fourth Amendment doctrines and technology that enables extensive government access to …

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"Experiential learning opportunities in law school have expanded dramatically, but pressure remains for students to graduate ready to practice. Artificial intelligence (AI) is transforming education and legal practice, generating questions about how and what to teach and raising uncertainties about future employment. At the same time, big firms are interviewing students in their first semester and extending offers before or shortly after first-semester grades are out."

– David H. Moore

State Legislatures: Guardians Of The Federal Balance, Practical Strategies For Monitoring, Strengthening, And Sustaining American Federalism (Remarks), Christian G. Fritz

Faculty Scholarship

My remarks today are drawn from my book, Monitoring American Federalism: The History of State Legislative Resistance, and from an essay I wrote this year for the Center for the Study of Federalism about the responsibility of state legislators to sound the alarm when the federal government overreaches its constitutional authority.

Deporting Disability, Tania Valdez

Faculty Publications

Since the enactment of the earliest migration laws in the United States, people with disabilities have been targeted for exclusion and expulsion based on stereotypes that they are either dangerous or not productive. Although some of the pejorative language regarding disability in the Immigration and Nationality Act (INA) has changed over time, certain statutory provisions and the very structure of the INA still allow ableism to operate broadly in immigration adjudications. This Article focuses on the subtle, but pervasive, ways that immigration law disfavors noncitizens with disabilities. In particular, this Article examines ableism in the context of removal (commonly known …

Redefining Just Cause For Contract Termination In Fifa's Rstp: Striking A Fair Balance Between Player Rights And Club Interests In Light Of The Interim Regulatory Framework, Walid Ben Salah, Nayel Alomran, Noor Alhendi, Zouhaier Nouri

All Works

Introduction This article examines the concept of just cause for the unilateral termination of professional football employment contracts under FIFA's Regulations on the Status and Transfer of Players (RSTP). It pays particular attention to the changes introduced by FIFA's 2025 Interim Regulatory Framework. The RSTP aims to protect contractual stability while safeguarding the rights of both players and clubs. However, the meaning and application of just cause continue to raise important legal questions.Methods The article uses a doctrinal legal approach. It examines the RSTP, the 2025 Interim Regulatory Framework, the FIFA Commentary on the RSTP, decisions of the FIFA Dispute …

Coca-Cola Redux: The Problematic Absence Of Comparables, Reuven S. Avi-Yonah

Articles

On June 25 a three-judge panel of the Eleventh Circuit Court of Appeals heard oral arguments in Coca-Cola v. Commissioner. It is very hard to predict outcomes from oral arguments, but two of the judges asked questions that suggested they were open to accepting the taxpayer’s “bait and switch” argument. They also seemed receptive to the treaty argument. Interestingly, there was less focus on the taxpayer’s marketing intangibles argument, which I regard as the better one.

Sandbox Fictions, Douglas Sarro

Osgoode Hall Law Journal

Regulatory sandboxes are designed to give firms space to offer novel products and services to consumers on a trial basis, under an interim, tailor-made regulatory regime. Ideally, this leaves regulators better placed to understand how rules ought to be modified to accommodate new, socially beneficial offerings on a more permanent basis. But little is known about sandboxes’ implications for consumers. Will they reduce barriers to entry for innovative offerings that do a better job of serving consumer needs? Or will they lead regulators to compromise on consumer protections, allowing low-quality or even fraudulent offerings to flow into the markets they …

Ndls Communicator: Week Of 08.10.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Welcomes Global Visiting Faculty for Fall 2026

Alumni News

• Alfredo Ortega '17 LL.M.
• Nicole Matusko '08 J.D.
• JoAnn Chávez '86, '90 J.D.
• Kimberly D. West '26 J.D.

Faculty Briefs

• Jennifer MAson McAward
• Lloyd Mayer
• Paolo Carozza
• John Meiser
• Patrick Corrigan
• Mary Ellen O'Connell
• Msgr. John Paul Kimes
• Derek Muller
• Sherif Girgis
• Rick Garnett
• A.J. Bellia
• Haley Proctor
• Ashley Sanchez
• Daniel Slate
• Stefan Daniel
• Nicole Garnett
• Stephen Tierney KC

Events

• Dean's Initiative for Leadership and Scholarly Excellence (LSE)
• Welcome Week

Around the Watercooler

• Farewell to Lisa Driver
• Staff Spot Awards accepting nominations

Corruption In The Service Of The Common Good: The Legitimation Of Traditional Practitioners In Cameroon, Victorine Oyane Ossah

Journal of Law and Public Policy

This article shows how health law and public policy, in seeking to regulate traditional medicine, without fully recognising it, paradoxically end up producing the very social conditions for the corruption that they are supposed to combat. The aim is to identify, based on the experience of traditional healers, the various factors that contribute to establishing corruption not as a moral choice, but as a pragmatic strategy for preserving their knowledge, resources, and place in the healthcare system. The analysis presented is based on a qualitative survey of 30 traditional medicine practitioners in Yaoundé and Douala between 2021 and 2026, in …

"Because The President Said So:" Agency Reason Giving And Presidential Statements Of Will, Nina A. Mendelson

Articles

Reason giving has long been understood to legitimate administrative agency actions by assuring legal, nonarbitrary, stable, and well-considered decisions. It is core to the Administrative Procedure Act's process and judicial review provisions. But the obligation to give reasons is receiving a challenge from the political accountability side, as executive orders skyrocket and the Supreme Court moves towards unitary executive theory in decisions such as Trump v. Slaughter and Seila Law v. CFPB. In striking down independent agencies under Article II, the Court has emphasized that political accountability of agencies to the President is critical. Both the President and executive agencies …

The Separation Of Election Contest Powers, Casey Parker-Bell

Kentucky Law Journal

No abstract provided.

Kentucky's Alford Predicament: The Case For Curbing Qualified Guilty Pleas In The Commonwealth, Ben Whatley

Kentucky Law Journal

No abstract provided.

The Right To Have Rights In United States Territories, Anthony M. Ciolli

Kentucky Law Journal

No abstract provided.

Immigration Detainers, Local Law Enforcement, And Constraints On Bureaucratic Discretion: Recent Trends Under The Second Trump Administration, Richard T. Middleton, Sheridan Wigginton

Kentucky Law Journal

No abstract provided.

From Militarization To Military Enforcement: The U.S. Armed Forces And Immigration Control In The Second Trump Administration, Kit Johnson

Kentucky Law Journal

No abstract provided.

Immigration Bridges, Jaclyn Kelley-Widmer

Kentucky Law Journal

No abstract provided.

The Duty To Develop Imperative In Immigration Proceedings, Sabrineh Ardalan, Tiffany J. Lieu

Kentucky Law Journal

No abstract provided.

Deportation After Death By Incarceration: A Right To Redemption, Jennifer Lee Koh, Tin Nguyen

Kentucky Law Journal

No abstract provided.

A Sherbert Colored Lens: Apache Stronghold And The Uphill Battle For The Recognition Of A Substantial Burden For Indigenous Plaintiffs, Emma P. Collins

Kentucky Law Journal

No abstract provided.

Enforcement Mechanisms For Supreme Court Ethics Codes: Applying State Models To Scotus, Katherine Nipper

Kentucky Law Journal

No abstract provided.

Hope In The Holler: How Eminent Domain Can Bring Economic Justice To Central Appalachia, Matthew B. Chaney

Kentucky Law Journal

No abstract provided.

History And Tradition Of Inequality, Advocacy, And Progress, Teri Dobbins Baxter

Kentucky Law Journal

No abstract provided.

The Birth Of Creditor Qualified Immunity, Daniel M. Tavera

Kentucky Law Journal

No abstract provided.

States Strip Local Governments Of Authority To Govern Causing Some Rural Communities To Suffer, Terence J. Centner

Kentucky Law Journal

No abstract provided.

Much Ado About Nothing: The Effect Of The "Nullity Rule" On Purported Pro Se Litigants In Federal Court, John T. Lambert

Kentucky Law Journal

No abstract provided.

Consumer Bankruptcy: A "Gem" Of The Legal Profession But A Diamond In The Rough, Tori Harris

Kentucky Law Journal

No abstract provided.

Arbitration Clause Expansion, Hossein Fazilatfar

Kentucky Law Journal

No abstract provided.

The New Parens Patriae, Meredith Johnson Harbach

Kentucky Law Journal

No abstract provided.

Against First Amendment Traditionalism, Jacob M. Schriner-Briggs

Kentucky Law Journal

No abstract provided.

Caging Songwriters In The Compulsory Licensing Framework: A Battle Of Fairness And Equity, Maria Kaganis

St. John's Law Review

(Excerpt)

Imagine it is November 2023, and you log onto Spotify to stream your favorite music. As you do, you notice you now have access to up to fifteen hours of the most popular audiobooks. You really enjoy the addition of audiobooks to Spotify and have used the new feature for months. Come March of 2024, however, you get an email stating that Spotify will be introducing a . . . music-audiobook bundle as part of your current subscription? Is that not what you already had? Shrugging it off, you move on and continue enjoying your music, audiobooks, and podcasts …