Digital Commons Network^™

Oppression, See Nothing Say Nothing, And Shut Your Mouth, Sandra Rhodes

Loyola Interdisciplinary Journal of Public Interest Law

I can remember when I was a child growing up during the 60s and 70s, it was safe to voice your opinion without fear of retribution. Slowly things changed. For years now, I haven’t been comfortable speaking my mind. The fear is real that if you have an opinion, you may lose your job, your home, your family or your safety. I hope these three art works convey that oppression and fear.

Hollywood 2020, Jason Kartez

Loyola Interdisciplinary Journal of Public Interest Law

During the pandemic, I spent a lot of time documenting the protests in Los Angeles through drawing and writing in a diary. This image is a recreation from a news image and captures some of the protests I was in during 2020. It is relevant because we need to keep our right to free speech and to nonviolent civil dissidence. When I initially wrote this statement, it was for an art submission for Judy Baca’s nonprofit, the Social and Public Art Resource Center (SPARC), where the piece was put on the wall outside.

Back when I submitted this, I wrote …

Jimmy, Ash, Grandmother, And Monica, Bryan Ida

Loyola Interdisciplinary Journal of Public Interest Law

For the past eight years, I have been engaged in “con.Text,” a body of work that examines historic events in the context of the current social and political climate and raises awareness of past abuses and injustices by a government against a targeted minority group.

I research and reference text from government documents, declarations, and other forms of institutional communication, and use these words as my mark to render each person with the very words that affects them. Using words as building blocks in the formation of the image does not define the subject by that language; instead, the words …

Raise A Fist, Philip Bastian

Loyola Interdisciplinary Journal of Public Interest Law

I decided to illustrate this piece after learning that the 1928 design of Mickey Mouse was entering the public domain on January 1, 2024. I wanted to interpret this version of the design in a way that felt personal to me, so I drew it in a way that I have never seen before – from a high angle and raising a fist. Comic parody has been common within the media, but I wanted to create an image that was more empowering. I wanted to craft an illustration that is rebellious, cool, and weird.

I Can't Breathe, Sarah S. Bae

Loyola Interdisciplinary Journal of Public Interest Law

I took this photograph during the George Floyd protest on the steps of Los Angeles City Hall in 2020. I wanted to capture more than a historic moment and hold onto the emotional gravity that existed in the space between bodies, voices, and institutions. There was a sense of stillness to witnessing our shared humanity, in seeing what compelled people to show up despite fear, social distancing, and uncertainty.

The Hate We All Live With, Black Masks And Gasoline, And In Search Of A New Home, Eric Almanza

Loyola Interdisciplinary Journal of Public Interest Law

My current body of work examines the intersection between politics, culture and identity as crafted through the lens of a Chicano painter working in the context of contemporary aesthetics. Often, it is said that Chicanos feel caught between cultures, not fully American, yet at the same time unable to identify fully as Mexican.1 Accordingly, themes such as immigration, the criminalization of immigrants, and the border wall between México and the US have been explored in my work.

When The Modern Public Square Goes Private: The Supreme Court's Struggle Over Social Media As The New First Amendment Frontier, Jason M. Shepard, Kathleen Bartzen Culver

Loyola Interdisciplinary Journal of Public Interest Law

In the wake of the Supreme Court’s 2024 decisions in Moody v. NetChoice and NetChoice v. Paxton, the meaning of free expression in the digital age is being rewritten. Our research analyzes how the Court, advocates, and amici invoked decades of First Amendment and media law precedent to define whether social media platforms act as speakers with editorial rights or as common carriers open to regulation. Relevant doctrines include First Amendment implications of medium-specific regulations, common carrier definitions, speaker autonomy, editorial discretion, expressive conduct, intermediate and strict scrutiny analysis, content-based regulations, viewpoint neutrality, and public forum analysis. Drawing on an …

Chin Music: Chilling Legal Advocacy Through Executive Orders Attacking Law Firms, Robert S. Chang

Loyola Interdisciplinary Journal of Public Interest Law

Introduction to amicus brief challenging executive orders targeting law firms.

The amicus brief itself is reproduced as filed with the Supreme Court of the United States.

Ndls Communicator: Week Of 10.12.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging Supreme Court to reject state-sponsored religious instruction

Alumni News

• Jorge Barrera-Rojas ’25 J.S.D.
• Josephine Ndagire ’08 LL.M.

Faculty Briefs

• Rick Garnett
• Paolo Carozza
• Msgr. John Paul Kimes
• Mark Hill KC
• John Nagle
• Derek Muller
• Dennis Wieboldt ' 26 J.D.
• Diane Desierto

ND Law in the News

• University President Rev. Robert A. Dowd, C.S.C., has established a new committee tasked with authoring a report on respectful dialogue at Notre Dame. Dean G. Marcus Cole will co-chair the committee alongside Kate Marshall, associate dean in the College of …

Between Shut It Off And Keep It On: The Legality Of Internet Shutdowns Under International Law, Yohannes Eneyew Ayalew

Vanderbilt Journal of Transnational Law

Internet shutdowns are on the surge across the globe, at least four dozen states-imposed internet shutdowns in 2024 alone, in armed conflicts and other situations. In some states where an authoritarian propensity or “digital sovereignty” reigns, internet shutdowns are being imposed to control political narratives during the conduct of hostilities. These states justify their actions using a “shut it off” argument, claiming that the internet is a luxury and further asserting that access to the internet may be overridden by national security or other justifications. On the other hand, there are states that advance open access to the

Internet shutdowns …

The Ever-Expanding Horizon Of Directors’ And Officers’ Duties: An Analysis Of Recent Developments In The United States And Australia, Zehra G. Kavame Eroglu, Isa Alade

Vanderbilt Journal of Transnational Law

When two Boeing 737 Max aircraft crashed within five months of each other, resulting in the deaths of 346 people, shareholders filed a suit against the directors for breach of duties. The Delaware Court of Chancery noted that while safety was “essential and mission critical” to Boeing’s business, there was no board committee assigned the specific task of overseeing airplane safety. Turning to Australia, Storm Financial’s collapse caused many clients, most of whom were retirees or nearing retirement, to suffer massive financial losses. With little or no prospect of rebuilding their financial position, these clients lost their investments, their homes …

Lawfare’S New Frontier: International Commercial Arbitration In The Shadow Of Sanctions, Sophie Yue Zhao, Han-Wei Liu

Vanderbilt Journal of Transnational Law

This Article examines how international commercial arbitration is being reshaped by economic statecraft through the lens of lawfare—the strategic use of law as a substitute for traditional coercive tools. Building on Orde Kittrie’s framework, it identifies two modalities of State-driven lawfare affecting arbitration. Instrumental lawfare operates where domestic legal measures displace arbitral authority, exemplified by Russia’s assertion of exclusive jurisdiction over sanctions-related disputes. Compliance-leverage lawfare, by contrast, does not bar arbitration outright but raises the costs and risks of participation, evident in restrictions on legal services and banking access that complicate representation and payment in arbitral proceedings. Beyond State action, …

Improving Case Management For Refugee Child Brides, Harper Kelly Esterle

Vanderbilt Journal of Transnational Law

A significant number of forcibly displaced persons throughout the world are not only children, but children who are married. When these married minor refugees arrive in host countries, they are often met with concern, judgment, or a critical lack of understanding or regulated procedure for handling their immigration cases. Children are often forcibly separated from their partners and thus isolated from the only family they came with, or they are forced to undergo an extensive judicial review process that, by the time it is resolved, is no longer relevant as the married minors at issue have since reached the age …

Institutionalizing Protection Of Climate Migrants Through A Global Framework Convention On Climate-Induced Migration, Caroline Spencer

Vanderbilt Journal of Transnational Law

Climate change poses an urgent global challenge, threatening to internally displace 216 million people across six regions by 2050. While it is difficult to predict the extent of crossborder migration, there is no question that climate change will drive cross-border migration. Human rights law and international climate change law require states to protect climate migrants’ human rights; however, the current international framework is inadequate and exhibits a significant protection gap. States possess an obligation under both international human rights law and climate change law to pursue adaptation measures that protect and restore affected human rights, including ensuring protection against refoulement. …

Mmu: 10/12/26-10/18/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Background Risk And Optimal Liability Rules, Tim Friehe, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

We study how background risk affects optimal liability rules in a unilateral accident model with risk-averse parties. Under negligence, background risk borne by a prudent victim raises the optimal due-care standard relative to the benchmark case without background risk. Under strict liability, the optimal level of damages is higher when the prudent victim faces background risk but the injurer does not. When a prudent injurer faces background risk (with or without victim background risk), the optimal level of damages can be higher or lower than in the benchmark case. Our results are robust to the availability of actuarially fair insurance.

Marine Spatial Planning In The Asean Countries: Lesson Learned For Future Ocean Governance In Malaysia, Husni Alhan Md Salimun, Mohd Fadzil Akhir, Nazli Aziz, Che Din Mohd Safuan, Wan Izatul Asma Wan Talaat

Journal of Environmental Science and Sustainable Development

Marine Spatial Planning (MSP) has emerged as an important governance instrument for balancing ecological protection, economic development, and social inclusion amid the rapidly intensifying blue economy in Southeast Asia. Although several ASEAN Member States (AMS) have initiated MSP processes, the existing literature on MSP governance in this region  remains fragmented and largely descriptive, limiting systematic cross-country comparison and evidence-based lessons. This study addresses this gap by assessing MSP governance performance across ASEAN countries and againts internationally recognized MSP governance benchmarks. A structured narrative review was conducted using selected PRISMA-informed procedures for literature identification and screening. Academic publications from 2003 to …

Buffeted By Change, Researchers Seek Continuity And Investment: Results From The Ithaka S+R Us Researcher Survey, Chelsea Mccracken, Dylan Ruediger, Ruby Macdougall

Copyright, Fair Use, Scholarly Communication, etc.

Executive summary

The research enterprise in the United States, established after the second world war, is experiencing massive disruption. US colleges and universities are grappling with federal and state disinvestment and intervention at a time when AI and other technologies are reshaping how research is conducted and its findings are communicated. As a result, researchers at US higher education institutions are operating in an unstable environment. Against this backdrop, the findings from our survey of 4,003 researchers, fielded in late 2025, demonstrate that they remain committed to carrying out essential work and that they are doing so in innovative ways—through …

Full Posterior Uncertainty Propagation In The Bg/Nbd Framework A Bayesian Foundation For Individual-Level Customer Behavior Modeling, Stuart V. Kerr

UNLV Gaming Research & Review Journal

The Beta-Geometric/Negative Binomial Distribution (BG/NBD) model of Fader et al. (2005) is used to describe repeat-transaction behavior in non-contractual settings: a latent visitation rate, heterogeneous across customers, governs how of- ten a customer transacts while active, and a latent dropout probability, also het- erogeneous, governs when a customer permanently churns. In its classical form, BG/NBD is estimated using maximum likelihood, producing single point estimates of the underlying population parameters and, from these, point estimates of each customer’s individual behavior. This paper develops the model from first princi- ples as a fully Bayesian framework, estimated using Markov Chain Monte Carlo (MCMC), …

Good Governance In The Concept Of Climate Justice: Decarbonisation Policies In Economic Considerations Of Losses And Sacrifices, Daryanti Daryanti, Albertus Sentot Sudarwanto, Erna Dyah Kusumawati, Rosita Candrakirana

Journal of Environmental Science and Sustainable Development

Projections of losses resulting from the impacts of climate change in Indonesia are estimated to reach USD 30.5 million, affecting four key sectors: agriculture, water supply, health, and the maritime sector. This study shows that good governance based on climate justice in the implementation of decarbonization policies is the most important factor in avoiding long-term economic losses caused by the adverse impacts of climate change or investing in climate resilience. This study employed a normative methodology using a statutory approach to examine efforts related to climate change mitigation and adaptation. The findings of this research indicate that regulations in Indonesia, …

Pandemic Power Plays: Environmental Deregulation & Erosion Of Indigenous Rights In Latin America During Covid-19, Sabrina Prado

Latin American & Caribbean Law Review

The COVID-19 pandemic reshaped global politics. Many governments used their emergency powers under the pretense of maintaining public health and sustaining the economy. However, in Latin America, these powers were exploited and the pandemic became a guise for expanding executive powers and propounding corporate friendly rollbacks which weakens environmental protections and minority rights. This paper will examine how emergency laws were used to sidestep the democratic process and facilitate policies that benefited corporate interests at the expense of environmental regulation and indigenous rights specifically. Brazil, Colombia, and Bolivia were three countries whose leaders centralized power and accelerated environmentally destructive policies …

Constitutions, The State And Law In Republican Venezuela (1830-2025), Rogelio Pérez-Perdomo

Latin American & Caribbean Law Review

This panoramic article poses the question of the relation between the state, the constitution and the law in Venezuelan republican history. In the 19th century, Venezuela became independent, congresses approved constitutions that organized the national state, comprehensive legal codes and legislation were produced and the universities developed legal studies and produced a small number of lawyers. Nevertheless, the law had little impact on a turbulent and impoverished country, and lawyers mainly found occupation in the state and political system. In the 20th century, Venezuela constructed a powerful state that pacified the country that created conditions for a relatively prosperous economy. …

Oct. 2026 - Dentistry And The Law: Dealing With An Unlicensed Employee, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal column addresses the severe regulatory and legal risks of employing a dental hygienist whose license has lapsed. MDA Legal Counsel explains that under Michigan law (MCL 333.16222(1)), licensed health care professionals are mandatory reporters and must notify the Michigan Department of Licensing and Regulatory Affairs (LARA) upon learning of unlicensed practice. Continuing to employ an unlicensed hygienist exposes the dental practice to administrative sanctions, loss of licensure, and liability. Practice owners are advised to verify employee licenses regularly and screen for unresolved administrative complaints

Oct. 2026 At Your Service - Answers On Address Changes, Staff Credentials, And Retirement, Mda Membership Department Staff

The Journal of the Michigan Dental Association

This member service Q&A feature provides practical administrative guidance for Michigan Dental Association members. It addresses legal requirements regarding patient requests for dental hygienist licensing credentials, clarifying that practices must provide names but are not required to provide license numbers. It outlines retirement procedures, detailing eligibility for reduced dues, retired life membership status, and continued participation in continuing education and volunteer initiatives. Additionally, the article guides members on seamlessly updating home address information and personal profiles using the online MDA Member Compass portal.

Oct. 2026 From The Editor - Advocacy Works. We've Seen It., Romesh Nalliah

The Journal of the Michigan Dental Association

In this editorial, the Editor-in-Chief emphasizes the vital role of professional advocacy in protecting patients and sustaining dental practices. Drawing inspiration from historical advocacy efforts, such as Benjamin Ricci's fight for institutionalized care standards, the article highlights recent victories achieved by the Michigan Dental Association. Key achievements include securing increased Medicaid reimbursement rates after decades of stagnation and advocating for the passage of Senate Bill 105 to eliminate burdensome virtual credit card fees. The author underscores that health policy change requires active engagement from dentists advocating on behalf of their patients and profession.

J Mich Dent Assoc Oct. 2026

The Journal of the Michigan Dental Association

The October 2026 issue of the Journal of the Michigan Dental Association highlights advocacy, leadership, clinical practice, and practice management for Michigan dentists. The cover story examines how MDA advocacy led to the passage of Senate Bill 105, prohibiting forced virtual credit card transaction fees. Features include a profile on Dr. Raymond Gist, first Black ADA president; clinical guidance on caries management with Dr. Melissa Seibert; insights from the LEAD leadership program; and surgical mindfulness by Dr. Anish Gupta. Regular departments cover unlicensed employee legalities, supporting caregiver employees, open health insurance enrollment, and MDA organizational updates.

The Colorado River Upper Initial Units Take Center Stage, Eric Kuhn, Anne Castle, Jack Schmidt, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

In 1956, Congress authorized the Upper Initial Units—Flaming Gorge Reservoir,

Navajo Reservoir, and the Aspinall Unit (UIUs)—for a variety of water use

purposes in the Upper Colorado River Basin, including compliance with the

1922 Colorado River Compact (1922 Compact). The historical record is clear

that the primary reason these reservoirs exist is to satisfy the math of the 1922

Compact and the obligations it imposed on the Upper Division States

regarding flows at Lee Ferry.

Introduction: A Roadmap To The Naval War With Iran, James Kraska

International Law Studies

No abstract provided.

Education For Social Change: Cultivating A Pedagogy Of Empowerment, Katie Goldey

Justice Festival at Morehead State University

A PowerPoint presentation, titled "Education for Social Change: Cultivating a Pedagogy of Empowerment," given by  at the Justice Festival held on the campus of Morehead State University on October 6, 2026.

Ndls Communicator: Week Of 10.05.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Four First-Year Students Named 2026–27 Murphy Fellows
• Notre Dame Law Amicus Brief Urges Supreme Court to Address Religious Exclusions in Higher Education Funding
• Notre Dame Exoneration Justice Clinic statement in opposition to the death penalty and execution of Christa Pike
• Notre Dame Exoneration Justice Clinic continues annual summer internship program with students from Notre Dame, St. Olaf College, Kenya, and Mexico

Student News

• 3L Aashiyana Adhikari

Faculty Briefs

• Jimmy Gurulé
• Rick Garnett
• Haley Proctor
• Jay Tidmarsh
• Derek Muller
• Nicole Stelle Garnett
• Paolo Carozza
• Patrick Corrigan
• Diane Desierto
• Carter Snead
• Sherif Girgis
• David McIlroy
• Patrick Corrigan, Maria Maciá, …