Digital Commons Network^™

Click To Sue: Defining Receipt Of Eeoc Notices In The Digital Age, Robert J. Toth Jr.

St. Mary's Law Journal

Federal employment discrimination statutes condition a claimant’s right to sue on timely receipt of a “right-to-sue” notice from the United States Equal Employment Opportunity Commission (EEOC).  Courts have historically treated certified mail slips as sufficient to trigger a claimant’s ninety-day filing window, regardless of when the claimant opened or retrieved the letter.  In the digital era, the EEOC increasingly issues notices through email and its online Public Portal, raising questions about when electronic notice constitutes “receipt.”

This Article examines recent federal appellate court decisions—Lax v. Mayorkas, McDonald v. St. Louis University, and García-Gesualdo v. Honeywell Aerospace of Puerto Rico, …

Containing The Explosion: Proposed Tort Reform To Address Nuclear Jury Verdicts In Texas, Jax Harvey

St. Mary's Law Journal

No abstract provided.

Purging Politics: A Proposal To Remove Gerrymandering In Texas, Lauren Teske

St. Mary's Law Journal

No abstract provided.

The Legal Gaps Of Financial Sextortion In The Age Of Artificial Intelligence: Why The Take It Down Act Is Not Enough To Protect Children, Andrea Toussaint

Child and Family Law Journal

No abstract provided.

Legal Shifts And Judicial Inconsistencies In Strict Liability After The Omnibus Law: A Critical Analysis Of Indonesian Environmental Law For Responsible Mining And Esg Compliance, Nurul Listiyani, Khenza Atthaya Namira Yulianto

Journal of Environmental Science and Sustainable Development

The legal significance of strict liability in mining arises from the sector’s capacity to generate technically complex, diffuse, and long-latency environmental harm that is difficult to address through fault-based litigation alone. This study aims to evaluate how the post-Omnibus Law reformulation of Article 88 of Law No. 32 of 2009 has affected the doctrinal autonomy, judicial consistency, and practical enforcement of strict liability in Indonesian environmental law. The research used normative doctrinal legal research including statutory, case-law, conceptual, comparative, and evaluative analyses. The data cover the 2009–2025 period and consist of two core statutory formulations of Article 88, the Job …

On A Collision Course: The Twenty-First Amendment, The Dormant Commerce Clause, And Physical Presence Laws, Burke Craighead

St. Mary's Law Journal

No abstract provided.

Birch On Fetal Sentience, Claudia Passos-Ferreira

Animal Sentience

Birch proposes that human fetuses be recognized as sentience candidates from 12 weeks, on the grounds that midbrain-centered theories fall within the zone of reasonable disagreement among theories of consciousness. I raise a methodological and a policy problem for his view. Methodologically, whether the midbrain-centered view belongs within the zone is disputed, so there is no consensus about the consensus.  Furthermore, the evidence Birch discusses for 12 weeks does not actually estimate the onset of sentience; the proposed threshold tracks anatomical rather than functional onset. On policy, the US Supreme Court’s Dobbs ruling shows that fetal sentience is difficult to …

Chancery Court Refuses To Dismiss Claim That Activision Directors Failed To Satisfy Revlon Standard Of Conduct In Sale To Microsoft, Robert S. Reder, Jae Ho Yoon

Vanderbilt Law Review En Banc

No abstract provided.

Cognitive Resilience At The Edge: Hyperdimensional Computing Versus Deep Learning For Hardware-Degraded Rf Classification, Adrian B. Cisneros, Jeong Yang

Military Cyber Affairs

Autonomous Collaborative Combat Aircraft (CCA) operating in contested electromagnetic environments must classify Radio Frequency (RF) signals on edge silicon that degrades over the mission lifetime due to thermal stress, radiation, and manufacturing variation. Deep neural networks dominate RF classification on pristine hardware, but their weights are precise and interdependent, causing catastrophic accuracy collapse as the underlying chip ages. We investigate whether Hyperdimensional Computing (HDC), a brain-inspired paradigm that distributes information across thousands of dimensions, can provide a reliability floor where Deep Learning fails. Using the RadioML 2016.10A dataset filtered to five digital modulations relevant to drone command-and-control links, we trained …

Mitigating Common Vulnerabilities And Exposures In Cobol-Based Critical Systems Using The Strangler-Fig Pattern, Lauren E. Caruso, Vincent J. Compeau, Assefaw H. Gebremedhin

Military Cyber Affairs

COBOL-based legacy systems continue to underpin critical infrastructure in banking and government sectors despite their age and associated cybersecurity risks. Originally developed through a Department of Defense–sponsored initiative to standardize business computing, COBOL remains widely used in mission-critical environments. However, these systems face increasing vulnerabilities due to outdated security architectures, workforce shortages, and rising maintenance costs. This paper examines cybersecurity and operational challenges associated with COBOL systems and evaluates the Strangler Fig pattern as a modernization strategy that enables incremental replacement while maintaining continuity. The findings highlight implications for financial institutions and public-sector organizations dependent on legacy infrastructure.

From Framework To Toolchain: Implementing Zero Trust Architecture In Cloud-Native Environments For Dow Compliance, Shelby C. Snyder

Military Cyber Affairs

Federal agencies face a fiscal year 2027 target for enterprise-wide Zero Trust deployment, but NIST SP 800-207A defines logical components without identifying the Kubernetes technologies that implement them. This paper proposes a three-tier mapping of the Policy Engine, Policy Administrator, and Policy Enforcement Point to service mesh, microsegmentation, and perimeter tooling, stating the criteria by which each component is classified. It then applies a defined rubric to six Zero Trust vendors across component alignment, Kubernetes capability, federal authorization posture, and evidence quality, finding that no single vendor covers all three tiers. The mapping is a testable architectural proposition; a Stage …

Hybrid Deep (Cnn-Bilstm) Intrusion Detection For Defense And Mission-Critical Networks, Corey A Cheng, Jermaine Anim-Addo, Asma Jakir Hussain, Zion O Smith-Fox, Sanjay Goel, Yuksel Celik

Military Cyber Affairs

This article examines how hybrid deep learning can strengthen intrusion detection for military and defense networks. Using the CSE-CIC-IDS2018 dataset, the study evaluates a CNN-BiLSTM model designed to detect benign traffic and multiple attack categories, including DDoS, DoS, botnet, brute-force, web attack, and infiltration activity. The model achieved strong multi-class detection performance, with 0.9893 accuracy and 0.9979 ROC-AUC. The findings suggest that AI-supported intrusion detection can improve cyber defense operations, analyst triage, and protection of mission-critical networks.

Ndls Communicator: Week Of 09.21.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Indiana Court of Appeals Affirms New Trial for Notre Dame Exoneration Justice Clinic Client Jason Hubbell
• Notre Dame Law School’s Religious Liberty Clinic, Bellwether International, and Lantos Foundation publish report reviewing campaign that contributed to release of prisoner of conscience

Student News

• 3L Dan Mohr
• J.S.D. candidate Pavithra Rajendran

Faculty Briefs

• Derek Muller
• Nicole Stelle Garnett and John A. Meiser
• Jeffrey Pojanowski
• Roger Alford
• Mary Ellen O'Connell
• Rick Garnett
• Andrew Torrance
• Dennis Wieboldt

Events

• Law & Economics Workshop: Stephan Wernicke, Humboldt University of Berlin Delaware in the European Union? EU Inc. – A New European Corporate Legal …

Mmu: 09/21/26-09/27/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Faculty Development Courses On Ai: Introducing The Faculty Ai Capability Selection Framework, Dan R. Bradbury, Barbara Jo White, H. Kevin Fulk, Raymond Large

Southwestern Business Administration Journal

University faculty members are faced with how to best address pressing needs for building artificial intelligence (AI) skills.  Some of these needs are student-focused, as employers seek graduates with useful AI skills.  Faculty members, understanding how generative AI can impact the work they do, also face pressures to enhance their own skills and comfort using AI tools.  In this article, we consider AI capabilities that are impacting organizations’ expectations for new college graduates as well as AI capabilities changing the shape of faculty members’ work.  We propose the Faculty AI Capability Selection Framework as a means to guide the development …

Response To Reviewers — Emancipations Symposium On Profit And Power, Ronen Palan

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

“Don’T Tell Me To Keep Doing What I’M Doing, When I’M Risking My Life Trying To Get You To Do Your Job”: Thoughts On The Politics Of Distance, Alice Chapman

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Eviscerating The State: An Update, Jean L. Cohen

Emancipations: A Journal of Critical Social Analysis

A year after the publication of her article “Eviscerating the State: The New Oligarchic and Authoritarian Project to Undermine American Constitutional Democracy (Emancipations, Vol.4: Iss.2, July 2025) Jean Cohen looks again at the threats to American constitutional democracy posed by new oligarchic and authoritarian actors in the economy, the state, and society.

Uneven And Combined Fascism: A Postapocalyptic Perspective, Daniel Loick

Emancipations: A Journal of Critical Social Analysis

This essay develops the concept of “uneven and combined fascism” as an alternative to dominant liberal approaches that understand fascism primarily as a future rupture or return of the European past. Analogizing the crisis of democracy with environmental crisis, it argues that fascism, like ecological catastrophe, should be understood as an ongoing and differentially distributed condition: already present for some while remaining latent or emergent for others. The essay develops this claim by consulting approaches of "postapocalyptic environmentalism" as well as thinkers and activists from the Black Radical Tradition, particularly the analyses of Aimé Césaire and the Civil Rights Congress’s …

The Past, Present, And Future Of Universal Opt-Out Mechanisms, Lior Jacob Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

Suppose that a consumer has the legal right to opt out of receiving certain communications, being tracked across the Internet by advertisers, or having their personal data transferred from one company to another. Should the consumer be able to exercise a one-time universal opt-out that effectively binds all similarly situated companies with whom the consumer does business? Or must the consumer invoke their opt-out right repeatedly, communicating their preference to each potential transaction partner individually? This question arises in numerous different privacy contexts and elsewhere. In many instances, the answer to this procedural question of whether universal opt-out mechanisms are …

Guardians In Orbit: Legal Justifications And Limits Of Defensive Satellite Operations, Yurika Ishii

International Law Studies

The deployment of “bodyguard satellites”—spacecraft designed to autonomously detect and counter hostile space objects—has moved from classified capability development to explicit national security policy across a growing number of States. This article examines the circumstances under which interference with another State’s satellite may be legally justified under international law, analyzing several possible grounds: self-defense under Article 51 of the UN Charter, forcible countermeasures, non-forcible countermeasures, and necessity. Drawing on a survey of national space defense policies, jurisprudence of the International Court of Justice, and the law of State responsibility, the article reaches two principal conclusions. First, across all justificatory frameworks, …

Using Lonergan’S Method To Instruct For The Scholar: St. Mary’S Law Review On Race And Social Justice, Mike Martinez Jr

San Jose - Lonergan Chair in Catholic Philosophy

The Scholar began in the 2000s to bring light to the social justice issues of the day: Hopwood, Proposition 187 in California, Amendment 2 in Colorado, and the aggressive assault on civil rights laws, immigrants’ rights, and bilingual education. The origins of this publication began as a grassroots effort of six law students working to make a difference and contribute to the legal conversation by advocating for traditionally marginalized groups. The vision of the founding editors provided a voice for ethnic minorities, LGBTQ+, immigrants, racial minorities, women, and other disenfranchised groups often silenced in our legal discourse. The concept and …

Fifty Years After Estelle V. Gamble—Where Does Carceral Health Law Go From Here?, James René Jolin, Jenean Docter, Benjamin A. Barsky

Faculty Scholarship

Fifty years ago, the US Supreme Court decided Estelle v.Gamble—a landmark case commonly known for establishing a duty on the government to provide health services to incarcerated people, whether before or after conviction. In this column, we offer a brief critical reappraisal of Estelle by reviewing its demanding legal standard and identifying a set of related litigation barriers that stymie the availability of relief in federal court. Given these constraints, we argue for a carceral health law paradigm that moves beyond the current, dominant focus on litigation.We use Medicaid law and policy as a case study to explore the …

Ndls Communicator: Week Of 09.14.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Religious Liberty Clinic requests emergency relief from U.S. Supreme Court to protect Orthodox Jew's religious exercise

Student News

• J.S.D. candidate Valentina Salazar

Faculty Briefs

• Lloyd Mayer
• Mary Ellen O'Connell
• Paolo G. Carozza
• Carter Snead
• Emily Bremer
• Rick Garnett
• Christine Venter
• Dennis Wieboldt

Events

• Faculty Colloquium - Paul Yowell, University of Oxford
• Faculty and Staff Birthday Celebration
• 2025-26 SCOTUS Recap
• Homecoming 2026: Notre Dame vs. Michigan State game, September 19, 2026

Looking Ahead

• Law & Economics Workshop: Stephan Wernicke, Humboldt University of Berlin Delaware in the European Union? EU Inc. – A New European Corporate Legal Form
• Conversation …

Between Blockchain And Black Markets: South Africa's Legal Readiness For Crypto-Driven Cyberfraud, Sagwadi Mabunda, Yassin Chande

Communications of the IIMA

This paper examines whether the proliferation of cryptocurrency-facilitated fraud warrants a reclassification of the terrestrial crime of fraud into the distinct statutory offence of cyberfraud under South African law. Engaging with established fraud typologies — exit scams, Initial Coin Offering (ICO) scams, Ponzi schemes, pump-and-dump schemes, and market manipulation — the article tests their definitional fit against both the common law of fraud and section 8 of the Cybercrimes Act 19 of 2020. Through a hypothetical composite scenario combining multiple fraud typologies, the article demonstrates that whilst cryptocurrency significantly amplifies the reach and complexity of fraudulent schemes, it functions primarily …

Cardozo Law News Brief: September 11, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the September 11, 2026 Cardozo Law News Brief include:

• Professor Matthew Wansley was quoted in The New York Times about Tesla’s Cybercab and the challenges of developing a reliable automated driving system.
• Professor Luis Calderón Gómez spoke to The Washington Post about the Trump administration’s proposal to remove tax exemptions from schools that consider race in admissions and the potential for legal challenges.
• Professor Zalman Rothschild spoke to Gothamist about New York’s vaccine requirements and renewed constitutional challenges to vaccination mandates.
• Adjunct Professor Gary Galperin was quoted in Newsweek about the Lindsay Clancy mistrial and the possibility of …

Child Welfare History Of Prison Inmates Would Provide Meaningful Data For Foster Care Policy Research And Planning, Maggie Zehring

Student Scholarship

Child welfare intervention in the United States continues to operate distinctly different in each states and community without a full picture of the overall system’s efficacy. While federal and state agencies collect extensive information on children’s movement in and out of the foster care system and related adjudication, there lacks a nationwide understanding of how kids fare after exiting the system. This note argues that Departments of Correction (DOC) nationwide should collect child‑welfare history from incarcerated individuals as part of existing intake procedures and regularly communicate the data for the federal Children’s Bureau to aggregate for longitudinal analysis of foster …

Crime From The Perspective Of The Holy Qur’An, Mustafa Mahdi Lafta Al-Sudani, Murtadha Fathi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

This research addresses the concept of crime in light of the Holy Quran, in terms of definition, types, punishments, causes, and prevention. It seeks to clarify the Quranic approach in addressing the criminal phenomenon as a social, moral, and legal phenomenon. The research relied on the inductive analytical method of relevant Quranic texts, with reference to books of interpretation and Islamic jurisprudence. The research concluded that the Holy Quran presented an integrated system to reduce crime based on doctrinal, moral, and legislative reform together.

Getting A Special Education: Parents, Lawyers, And The Politics Of Disability In Postwar Pennsylvania, Emma Gabriel

Swarthmore Undergraduate History Journal

This paper explores the relationship between white parent advocates in Pennsylvania and public interest lawyers, whose litigation efforts legitimized the construction of an implicitly white disabled class in the mid-twentieth century. This analysis sheds light on the ways in which school reform became a key element in the simultaneous construction and renegotiation of intellectual disability and race in the postwar era, and foregrounded the adoption of the Individuals with Disabilities Education Act (IDEA) in 1975.

Ndls Communicator: Week Of 09.08.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Exoneration Justice Clinic Client Iris Seabolt Exonerated
• Law professor Randy Kozel to succeed Tricia Bellia as Chair of Faculty Board on Athletics and NCAA Faculty Athletics Representative

Faculty Briefs

• Mary Ellen O'Connell
• Lloyd Mayer
• Derek Muller
• Kari Gallagher
• Msgr. John Paul Kimes
• David McIlroy
• Dennis Wieboldt '26 J.D.

Events

• Law & Economics Workshop - Janka Deli, UC Berkeley: Breaking Rules, Building Trade? Rule of Law Decline and Export Resilience in the European Union
• Faculty Colloquium - Clara Martins Pereira, ND London Law
• IGP: Lunch & Learn: Frederick Mostert 12:30 p.m., 1310 Biolchini Hall

Looking Ahead …