Digital Commons Network^™

Strategic Surveillance Against Newsgathering, Courtney C. Douglas

Montana Law Review

No abstract provided.

Court-Connected Mediation In Montana: Law, Practice, And Recommendations For Reform, Paul F. Kirgis, Brianna Anderson, Brock Flynn

Montana Law Review

No abstract provided.

Significant Montana Cases, Claire Bagnell, Meredith Iams

Montana Law Review

No abstract provided.

2026 Hon. James R. Browning Distinguished Lecture In Law: Pride And Precedent: Some Thoughts On Judging, Danielle J. Forrest

Montana Law Review

No abstract provided.

The Seven Deadly Sins Of Ai Policy, Kevin Frazier

Montana Law Review

No abstract provided.

Legislating In The Child's Best Interests: Senate Bill 466 And The Increasing Significance Of Court Appointed Special Advocates In Dependency And Neglect Proceedings, Montana Casa/Gal Association

Montana Law Review

No abstract provided.

Rules Of Public Service: Between The Domain Of Law And The Regulatory Domain, Mohamed Acherki

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

This paper examines the constitutional distribution of legislative and regulatory powers concerning public service rules in Morocco. Under the 1962 Constitution, only "basic guarantees granted to civil and military state employees" fell within the legislative domain, with all other public service rules relegated to the regulatory sphere. The 1970 Constitution maintained this approach. Despite constitutional provisions allowing for the adoption of organic laws to clarify and delimit these domains, no such laws were ever enacted for public service. Consequently, between 1962 and 1972, most public service rules remained within the regulatory domain, including some initially adopted by legislative acts, which …

The Specificity Of Judicial Review Over The Legality Of Conservation (Land Registration) Decisions, Mohamed Chnan

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

This paper examines the unique nature of judicial review concerning conservation decisions (land registration) in Morocco. The author highlights the exceptional gravity of these decisions, as they directly affect property rights—a fundamental right protected by the Constitution. Unlike other administrative acts, conservation decisions are not subject to any form of appeal, not even before the administrative courts. This legal anomaly is particularly striking given that even constitutional provisions can be reviewed through referendums, and other administrative decisions may be challenged through annulment proceedings. The author argues that this exceptional rule, consistently upheld by case law, can only be explained by …

How Rude?: Prohibitions On Insults And Abuse In International Human Rights Complaint Proceedings, Lisa Reinsberg

Northwestern Journal of Human Rights

May international human rights mechanisms close their doors to individuals who insult their members or Member States? Several do so, but the basis, scope, and impact of such rejections remain mostly unexamined. This article maps the relevant practices of regional and United Nations human rights bodies and compares them to other courts’ responses to contempt of court or vexatious litigation, to understand whether this admissibility criterion is a proper application of the prohibition on abuse of the right of petition or a legitimate exercise of a human rights body’s inherent powers. Three approaches emerge: ignore, balance, and punish. While the …

Support The Icc As A Vital Court Of Last Resort For Victims Of Grave International Crimes, Jocelyn Getgen Kestenbaum, Gabor Rona

Online Publications

This public statement, issued on International Justice Day (July 17, 2026), affirms support for the International Criminal Court (ICC) as an independent judicial institution and a court of last resort for victims of genocide, crimes against humanity, war crimes, and the crime of aggression. Signed by more than 100 organizations and individuals, including legal scholars, practitioners, human rights advocates, and civil society organizations, the statement expresses concern over efforts to undermine the ICC's independence and functioning. It calls on the United States to reaffirm its longstanding commitment to the rule of law, judicial independence, and international accountability, emphasizing the importance …

Period-Proofing Your Data, Sofia Makepeace

Washington Journal of Law, Technology & Arts

Menstrual cycle tracking apps and their accompanying wearables, collectively known as FemTech, promise women health insights in a healthcare system that often fails to treat problems that primarily affect women. FemTech lets users map their cycles, recognize symptoms, experience non-hormonal birth control, and contribute to long-overdue research on conditions like endometriosis, PCOS, and perimenopause. But after Dobbs v. Jackson Women’s Health Organization, the same datasets that empower users have also become valuable in criminalizing abortion-related crimes. Because most FemTech privacy policies fall outside HIPAA, intimate logs of bleeding, sex, mood, and biometric signals can now be criminal evidence in …

The Algorithmic Collusion Problem: A Judicial Framework For Analyzing Algorithms Under § 1 Of The Sherman Act, Rix Ryskamp

Washington Journal of Law, Technology & Arts

Courts are increasingly seeing Sherman Act Section 1 claims that involve AI and other software algorithms at the center of alleged conspiracies to unreasonably restrain trade—often called algorithmic collusion claims. Adjudicating these claims can involve complex analyses of how algorithms interact with alleged conspiracies. However, most of the Section 1 case law stems from traditional agreements and can be hard to apply to algorithmic collusion scenarios. This Article provides a framework that judges and other adjudicators might use to analyze the role of an algorithm in an alleged conspiracy without becoming bogged down in technical details early in the case. …

Stacking The Deck: Ai, Jury Selection, And The New Batson Problem, Alexandria Serra

Washington Journal of Law, Technology & Arts

Generative artificial intelligence has infiltrated jury selection right under our noses. What began as a passive data mining experiment has evolved into AI-powered jury selection tools that profile potential jurors by scoring, ranking, and recommending which citizens to exclude from jury service. Although these tools promise objectivity, they risk encoding the same racial and gender biases that Batson v. Kentucky sought to eliminate. Courtroom AI is here to stay. But when lawyers delegate peremptory strikes to statistical models trained on biased data, Batson becomes obsolete. No court can detect algorithmic bias that lacks discernible intent. No judge can analyze whether …

Modern Economic Analysis And Antitrust Law: A Guide, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This book presents a modern economics approach to antitrust law. It expands upon and supplements traditional legal analysis of antitrust law and policy. It does so by analyzing antitrust legal standards and case law through the lenses of industrial organization economics and decision theory. The work is intended to be a comprehensive introductory guide for students, practitioners, and anyone else interested in learning the core of modern antitrust economics. Understanding the economics of antitrust and decision theory and applying that reasoning to specific cases and issues are critical steps for successfully studying and practicing antitrust law and policy. It treats …

From Automation To Adjudication: Evaluating The Role Of Artificial Intelligence In Dispute Settlement, Karem Sayed Aboelazm, Muayad Ahmad Obeidat, Raghda Raafat, Nada Zuhair Alfil, Fady Tawakol

All Works

This paper explores the evolving transition from automation to adjudication by examining the role of artificial intelligence (AI) in dispute settlement processes. It assesses how AI can enhance procedural efficiency, support judicial reasoning, and improve access to justice. Adopting a qualitative and interpretive approach, the study analyzes academic scholarship, policy frameworks, and comparative international practices to understand the integration of AI within judicial and quasi-judicial settings (Abedi et al., 2025). The findings suggest that while AI significantly improves administrative processes and provides valuable decision-support tools, it also raises critical concerns regarding algorithmic bias, lack of transparency, and the risk of …

Letter From The Editor

Notre Dame Journal of International & Comparative Law

No abstract provided.

Taxonomy As Translation: Private Law In A Plural Legal Order, Ibtisaam Ahmed

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 16 Issue 3 - Full Issue

Notre Dame Journal of International & Comparative Law

No abstract provided.

From Mandela To Meta: Democratization Of The Right Of Publicity, Persona, And Image Rights In Cyberspace, Frederick W. Mostert, Lea Leisure

Notre Dame Journal of International & Comparative Law

No abstract provided.

An Analysis Of The Law On The Prohibition Of Fraud In Goods, Samira Krourou

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

One of the most important aspects of consumer protection is the fight against fraud in goods—a form of protection enshrined in the Abrahamic religions long before the enactment of positive laws or the emergence of consumer advocacy movements that spread from the United States to Europe and the rest of the world. While fraud in general is indicative of a malicious tendency to infringe upon rights, spread corruption, and undermine interests, fraud involving goods and food is an even more heinous and dangerous crime because it affects the health and lives of both humans and animals. Therefore, it was necessary …

Taxing Ai In The Wake Of The Emergence Of Agentic Ai, Reuven S. Avi-Yonah, Herbert Snitz

Articles

This article addresses taxation measures to regulate AI agents (i.e., AI that is not fully under the control of humans, including both ANI and AGI). In each case, the focus is on what the agent’s capabilities would be, not on how it becomes capable of successfully performing its tasks (though the latter would likely be relevant to important philosophical questions, e.g., might robots achieve sentience or consciousness, and if so, would they have rights?). Regarding mirroring what we human beings can do, the hallmark of AGI is that it will not be task-specific (like ANI), but will possess broad capabilities, …

General Reflections On The Seminar On Constitutionalism In Africa, Abdelali Doumou

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

This paper presents reflections from a seminar on constitutionalism in Africa held in Harare (22–25 May), organized by ACLS, SAPES, and AAPS. The author, Abdelali Doumou, reports on debates involving jurists, political scientists, historians, and economists. A major conclusion was that constitutionalism remains a project to be built across Africa, regardless of regime type. Two approaches explain this: an institutionalist approach identifies normative deficits, autocratic constitutions, and weak institutionalization, while a socio-economic approach argues that beyond state form, political clientelism, corruption, power personalization, and militarization undermine constitutionalism. The seminar concluded that the essence, not merely the form, of the African …

Islam, Orientalism, And Social Sciences: The Berquian Approach, Mohamed Mouaqit

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

This paper examines the epistemological challenges of orientalism through the lens of the Berquian approach. The author, Mohamed Mouaqit, explores the dual relationship inherent in orientalism: the researcher's relationship to their object of study, and the relationship between cultures. The paper questions whether orientalism can claim scientific status in the social sciences while being situated within an intercultural dynamic shaped by power imbalances. The author contrasts the position of the orientalist, who possesses an "excentric" distance from the studied society, with that of the researcher studying their own society. The paper engages with debates on whether orientalism constitutes a distinct …

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 …

Labor Councils And Committees: A Contribution To The Study Of Consultative Administration In The Field Of Labor, Mohammed Acharki

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

In Morocco, the participation of the parties concerned with labor—workers and employers—is not limited to bodies directly competent in employment and related matters; it extends to institutions of general national jurisdiction. Two essential institutions illustrate the scope granted to occupational and labor representation: the first, of a political nature with decision-making authority, is embodied in Parliament; the second, of a socio-economic nature with consultative powers, is reflected in the Supreme Council for National Development and Planning. Drawing on Article 43 of the Constitution of 10 March 1972 and the constitutional involvement of trade unions, professional chambers, political parties and local …

Proving The Employment Contract Before The Moroccan Judiciary: A Commentary On Two Decisions Of The Supreme Council, Mohammed El Kachbour

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

Although social (labor) law now constitutes an autonomous branch of private law, it continues to draw on many of the principles and techniques of civil law. This article examines how civil legal rules, when applied to the field of employment relations, often lose part of their original civil identity: they are frequently breached or reshaped in ways that serve the working class as the weaker party, and through successive judicial interpretations such rules gradually become exceptions to civil law and firmly rooted principles of social law. The author argues that this very dynamic has shaped the long, slow, and arduous …

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 …

The Constitutional Foundations Of The Moroccan Administration, Mohamed Achargui

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

This article analyzes how the Moroccan Constitution distributes administrative powers among the constitutional authorities and defines the bodies that make up the active and consultative administration. In a first part, the author studies the allocation of administrative competences between the legislative and regulatory (executive) powers, showing — through the case law of the Constitutional Chamber of the Supreme Court — that the current constitution broadened the regulatory domain regarding public institutions, local authorities, public service, and the civil service, while the legislature retains essential matters such as fundamental guarantees for civil servants. A second part identifies the administrative authorities proper: …