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Mmu: 11/17/25-11/23/25, Student Bar Association

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Face Card Declined: The Deepfake Threat To Biometric Security In Financial Systems, Hazel Fernandez

Washington and Lee Law Review Online

Once limited to entertainment and disinformation, deepfakes are now extending into the financial sector, where voice and facial impersonations exploit biometric authentication systems to facilitate fraudulent transactions. This evolution exposes gaps in existing legal and regulatory frameworks, raising critical questions about consumer protection and institutional safeguards. This Note argues for a reconceptualization of deepfake harms as both a privacy and a financial security issue. It examines the illusion of consent generated by synthetic impersonation and insufficient statutory protections. The analysis examines the patchwork of federal, state, and international laws governing data privacy and artificial media, highlighting the gaps that allow …

Ndls Communicator: Week Of 11.17.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Justice Amy Coney Barrett to judge final round of moot court tournament named in her honor
• Veterans Day 2025: Honoring our ND Law student veterans and reflecting on God, Country, Notre Dame
• Notre Dame faculty contribute to dialogue on artificial intelligence at the Vatican
• Notre Dame experts bridge law and child development to tackle crisis of family separation amidst armed conflict

Alumni News

• Notre Dame LL.M. Graduates Victoria Mendoza Ruiz and Mbonisi (Bo) Secure Prestigious UN Internships

Faculty Briefs

• Caleb Stone
• Christina Jones
• John Meiser
• Nicole Garnett
• Patrick Corrigan
• Mary Ellen O'Connell
• Haley Proctor
• Sadie Blanchard
• Nell …

Control As A Constitutional Threshold: Moody V. Netchoice And The Case For Human Authorship, Giselle Goad

Northwestern University Law Review

The Supreme Court’s 2024 decision in Moody v. NetChoice, LLC left a critical question unanswered: when do algorithmic outputs on social media platforms, such as recommended posts and videos, constitute the platform’s protected speech under the First Amendment? This Note contends that courts and litigants should borrow from the First Amendment’s speech-promoting partner, copyright law, and its authorship framework when answering that question. Copyright doctrine has already begun to grapple with how much human control is required over expressive outputs generated with the aid of technology, including AI, in order for an author to receive copyright protection over those outputs. …

The Search Of A Search: Moderating Reverse Internet Keyword Warrants, Tui Rademaker

Northwestern University Law Review

Statistics show that Americans consistently turn to Google and other search engines to answer their most personal and private concerns, yet a new investigative tool risks law enforcement having vast discretion in the access of this data. With a keyword warrant, law enforcement can request from a search engine provider (usually Google) a list of probative search queries that users made over a specified time period. Such warrants are beginning to face legal challenges, and so far, courts seem reluctant to recognize the constitutional implications—instead leaving law enforcement with greater potential discretion over their use.

This Note assesses the constitutionality …

Trump V. Slaughter: Brief Of Independent Agency Board Members And Scholars As Amici Curiae In Support Of Respondent, Samuel Bagenstos

Appellate Briefs

Amici are removed board members from independent federal agencies and scholars whose work includes the study of independent agencies and the separation of powers between the President and Congress. Amici advance the view that there are federal agencies whose responsibility for protecting the safety and stability of the national infrastructure or ensuring the structural integrity of government necessitates their independence. Significant negative consequences would likely follow if these agencies were to lose their independence and their work were to become politicized.

Mapping Intellectual Property Abuses In The Pharmaceutical Field, S. Sean Tu, Ana Santos Rutschman

Faculty Publications

This Viewpoint details intellectual property abuses in the pharmaceutical industry involving patents, trademarks, copyrights, and trade secrets.

How Corporate Individualism Challenges Modern Tort Theory, Daniel Harris

University of Miami Business Law Review

According to the modern tort theory, that dominates in the legal academy, deep pocket entities that profit from facilitating harmful activity must compensate those foreseeably injured by that activity. The rationale is that allowing enterprises to externalize the costs they impose on others encourages excessively risky behavior. Therefore, cost internalization must be mandated to achieve the twin goals of tort law: compensation of tort victims and deterrence of potentially harmful conduct.

The thesis of this Article is that the academic model is misleading and incomplete. The concerns of the tort system are not limited to compensation and deterrence. Our legal …

Data Cleaning With Excel, Rubab Shahzad

Day Family Research Lab Workshop Series

This workshop will delve into the importance of cleaning research data and why clean data is an important part of the larger research data lifecycle. This session will also provide an overview of data cleaning and preprocessing using Microsoft Excel including a hands-on demonstration.

Scroll down for practice file

Artificial Intelligence And The Prohibition On The Use Of Force: Intention And Causation, Russell Buchan

International Law Studies

This article explores the application of Article 2(4) of the United Nations Charter to AI-enabled systems that carry out unintended engagements involving the use of force. First, it analyzes whether State responsibility for a breach of the prohibition on the use of force is defined in subjective or objective terms. Most commentators maintain that a State must intend to use force against the victim State in order for the prohibition to apply. However, through an examination of State practice, this article demonstrates that the prohibition is based on objective responsibility. Second, this article assesses whether a State must cause the …

Sweat And Subjectivity Copyright Impulses, Danny Friedmann

Fordham Intellectual Property, Media and Entertainment Law Journal

Generative artificial intelligence (gAI) is generating vast vol- umes of content, including visual art with minimal human effort that competes directly with visual artists and threatens to dilute human culture in the process. In response, courts and copyright offices are quietly reintroducing two doctrines long considered incompatible with modern copyright: sweat of the brow, which rewards labor over originality, and aesthetic discrimination, which risks conditioning protection on perceived merit.

This article is the first to demonstrate how legal authorities are reintroducing these discredited doctrines under the guise of regulating AI-assisted outputs, thereby eroding the set of copyright doctrines accepted by …

Driving Together: The Necessity Of A Comprehensive Federal Response For The Success Of Autonomous Vehicles, Timothy Buff

Fordham Intellectual Property, Media and Entertainment Law Journal

Today’s world is full of promising yet controversial new technologies. Large Language Models (LLMs), such as OpenAI’s ChatGPT, have both promised fantastic results and generated a range of critiques. Quantum computing claims to be able to complete computations that would take traditional computers, even supercomputers, longer than the lifespan of the universe to complete. With such advancements, the future dreamed of in science fiction stories of the twentieth century seems to be becoming reality. Autonomous Vehicles (AVs) are another notable technology, which promise to ultimately remove any human responsibility, and hence any human error, from the process of driving a …

All Bets Are On: Addiction, Prediction, Regulation, And The Future Of Financial Gambling, Sharon Rabinovitz, Nizan G. Packin

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article challenges traditional financial regulation by exploring how prediction markets—initially developed as sophisticated tools for collective forecasting—increasingly resemble gambling venues. These platforms, once designed to harness crowd wisdom, have transformed into high-stakes ecosystems where engage- ment-driven features blur the boundary between forecasting and betting. This evolution presents a dual challenge: on one hand, certain platforms, including regulated ones, offer innovative avenues for price discovery and risk hedging; on the other, their gamblified design exposes users to significant behavioral and financial risks.

Through comprehensive empirical analysis of gamblification and self-determination manipulation across five prediction market interfaces, this Article demonstrates how …

Where Did All The Genericide Cases Go? And Should They Be Gone For Good?, Daniela Camacho

Fordham Intellectual Property, Media and Entertainment Law Journal

Trademarks are all around us. It would be difficult to go an entire day without encountering a trademark—In fact, three-fourths of the words we use in our day-to-day conversations have been claimed as trademarks by various companies for various products. Often, we don’t even recognize all the marks we come across as trademarks. Words such as “aspirin,” “escalator,” and “trampoline” were all once trademarks. Over time, these words began to signify the product more than the producer; Because the marks could no longer identify the product’s source as trademarks are supposed to, the marks suffered “genericide” and were cancelled.

In …

Data Property & Digital Sales, Christina Mulligan

Loyola of Los Angeles Law Review

Copyright law fails utterly to develop a coherent concept of "digital sales." Printed books and vinyl records are easily sold and resold, with the copyright holder’s permission or under the first sale doctrine. But a creator of digital copyrighted works who wants to analogously “sell” their work to buyers faces what borders on an absurdity; “digital sales” of copyrighted works are incoherent at worst and useless at best. As a result, sophisticated copyright owners almost never sell their works and only license purchasers to make particular uses of digital works, such as “personal uses” or reproducing the work on a …

The Interpretive Foundations Of Arbitrary Or Capricious Review, Alexander Mechanick

Kentucky Law Journal

No abstract provided.

Asteroid Mining: The Next Big Thing Or A Gimmick?, Aashman Gupta

Discovery Day - Daytona Beach

Asteroid mining, a sci-fi concept that is rapidly emerging as a potential cornerstone for humanity's expansion into space. This paper explores the economic, technological, and legal challenges of asteroid mining, by examining its feasibility, potential benefits, and other challenges that could hinder its development. Some argue that mining asteroids could provide essential resources and reduce dependency on Earth leading to sustainable space colonization, but critical challenges still remain. Through a review and rational comparison of recent advancements and setbacks, this paper presents an analysis of the potential of asteroid mining; findings suggest that while asteroid mining holds significant potential for …

New Title Ix Rules Come Under Cross: Due Process Requirements And Direct Cross-Examination In Campus Sexual Assault Cases, Bailey Browning

Kentucky Law Journal

No abstract provided.

The Fact-Finders' Dialectic: Beyond Rationalist Optimism And Realist Pessimism, Michael Head

Kentucky Law Journal

No abstract provided.

The Duty To Warn In The Age Of Automation, Alexander B. Lemann

Kentucky Law Journal

No abstract provided.

The Greatest Victory: Teaching Strategy And Peace Through Negotiation, W. Chad Austin

Journal of Peace, Conflict, and Security Studies

This article examines how structured negotiation instruction, centered on the Circle of Value framework, enhances the critical and strategic thinking skills of cadets at the United States Air Force Academy (USAFA). Drawing on experiential learning, role-play simulations, and case studies—such as U.S.-China tensions over Taiwan—the article demonstrates how cadets apply integrative negotiation techniques to real-world geopolitical scenarios. The Circle of Value framework emphasizes interest-based negotiation, objective criteria, creative option generation, and the development of mutually beneficial outcomes. Through written analysis, live negotiation exercises, and reflective feedback, cadets build key competencies in communication, decision-making under pressure, and conflict resolution. The paper …

How Lochnerism Ends, Robert Knowles

Seton Hall Law Review

No abstract provided.

It Pays To Pay Female Athletes: Title Ix Requires Universities To Provide Athletes Equitable Revenue Distribution, Nicole Frankel

Seton Hall Law Review

No abstract provided.

Conflict Clarity: How To Teach Students To Turn Disputes Into Growth Opportunities, Eileen Paige Petzold-Bradley

Learning and Educational Center Virtual Teaching and Learning Conference

Conflict is an unavoidable part of learning and working in today’s fast-changing industries. Faculty often observe students struggling with teamwork, communication breakdowns, and emotional self-management during group projects or internships. This session equips educators with practical strategies to help students build durable skills—conflict resolution, emotional intelligence, and self-awareness—that translate directly into professional success.

Drawing on research in conflict management, leadership, and organizational psychology, participants will explore the “Conflict Clarity” framework: a set of teaching tools, reflection prompts, and case scenarios designed for classroom use across disciplines. Faculty will learn how to integrate conflict styles, the CLEAR conversation framework, and role-play …

Healing Through Acknowledgment: The Role Of Naturalistic Restorative Justice And Twentieth Century Genocide Recovery, Julia R. Swirbalus

The Graduate Review

This article defines and explores the application of restorative justice principles in the context of twentieth century genocide acknowledgments. The genocides used as case studies in this article include the Holocaust, Cambodian genocide, and Rwandan genocide. This article examines how survivors have utilized restorative practices to facilitate healing, the importance of historical site preservation, and governments acknowledging their wrongdoings. The importance of acknowledgment and making amends to facilitate healing is highlighted throughout the article. The findings underscore the complexity of applying restorative justice to genocide and the necessity of proper acknowledgment for true reconciliation and healing to occur. This article …

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

On Non-Conventional Marks And Chatgpt Evidence: A Case Comment On Christian Louboutin Sas V The Shoe Boutique (2023), Rahul Hemrajani

Indian Journal of Law and Technology

No abstract provided.

Localized Nuclear Utility For Erau Environmental Improvement, Timothy Schroeder, Jacob Blanton, Christopher Anderson

Sustainability Conference

The reliance of Embry Riddle Aeronautical University (ERAU) on energy supplied by Florida Power & Light (FPL), which currently draws large amounts of power from fossil fuel sources, is continuously suboptimal both environmentally and financially. This study proposes assessing the feasibility of deploying a campus scale nuclear reactor tailored to ERAU’s power consumption profile. This serves as a path toward reducing greenhouse gas emissions and limiting dependence on external fossil fuel generation. The methods used are primarily literature review(s), and numerical analysis on comparable use cases. The literature reviews focused on design theory and yield of nuclear reactors on a …

The Case For “Constructive Gridlock” In Independent Agencies, Jeffrey Manns

Texas A&M Law Review

Critics of President Trump have alleged that he has reduced independent agencies to mere extensions of the executive branch during his second term. The reality is that Democratic and Republican presidents routinely leverage the opportunity to reshape independent agencies in openly partisan ways because presidents have majority control of the appointments for the leadership of virtu ally all agencies. I examine a large data set of independent agency votes from the Obama and first Trump terms to show that independent agency commissioners vote in predictably partisan ways when addressing substantive policy changes. The partisan design of independent agencies undercuts agency …

That Old College Try: Judge-Made Monopolies In The Market For Affinity Goods, John A. Rothchild

Texas A&M Law Review

There is a large market for goods such as t-shirts, coffee mugs, posters, and baseball caps that are emblazoned with the names and symbols of culturally prominent institutions—universities, athletic teams, musical bands, automobile brands. We buy, wear, and display those goods to express our affinity with the referenced institution. The owners of the trade symbols that adorn these items, which this Article refers to as “affinity goods,” jealously guard what they claim is their sole right, under the trademark laws, to authorize the use of their symbols as decoration. They have brought numerous lawsuits aimed at establishing and enforcing this …