Digital Commons Network^™

Noneconomic Tort Damages And Biased Beliefs About Vulnerability To Harm, Roseanna Sommers, Nathan Cheek

DePaul Law Review

The American tort system aspires to provide fair compensation to injured plaintiffs, regardless of socioeconomic status, race, religion, or gender. Recent experimental evidence from psychology suggests, however, that factfinders consistently judge identical harms as less severe when experienced by individuals of lower socioeconomic status (SES). People presume, for instance, that a paper cut hurts a wealthy person more than a less well-off person, that domestic violence inflicts greater suffering on a high-SES woman than a lower-SES woman, and that bullying harms a fiveyear- old from a high-SES family more severely than one from a low- SES family. This Essay examines …

Subjective Due Process As A Legal Standard: Using Lay Judgments As A Basis For Evaluating Emerging Remote And Impersonal Civil Procedures, Tom Tyler

DePaul Law Review

The forums through which the civil justice system operates are

rapidly changing toward the adoption of remote and impersonal

procedures. These changes are being driven by efforts to manage

large case loads through a system which has limited resources.

Authorities supporting these evolving forums suggest that they

respond to litigant concerns for rapid and inexpensive case

management procedures. A review of research suggests that, in

contrast to this perspective, people are actually very sensitive to

whether they believe they receive due process. Such due process

concerns have been identified through the literature of procedural

justice. They reflect four judgments about …

The White Hat Hacker's Approach: A Vulnerability Analysis Of U.S. Cyber Laws, Carlissa R. Carson

Montana Law Review

No abstract provided.

The Montana Supreme Court – The Statistics, Simon Mcmahon, Bryn Sokoloski

Montana Law Review

No abstract provided.

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.

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.

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 …

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 …

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 …

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.

A Significant Moment In The Colorado River Water Supply Crisis, Jack Schmidt, Anne Castle, John Fleck, Eric Kuhn, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

On Sunday, July 12, the surface of Lake Powell was 3524.32 feet above sea level, and the surface of Lake Mead was at 1042.77 ft.7 These elevations equated to 5,505,869 and 7,169,640 acre feet (af), respectively, of live storage in the two reservoirs. The combined total live storage of these reservoirs was 12,675,509 af. The last time the combined total live storage in Lake Powell and Lake Mead was this small was May 23, 1957, during construction of Glen Canyon Dam when the entire amount of 12,668,000 af was stored in Lake Mead.

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, …

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 …

The Role Of The Judiciary In Protecting The Wage Earner, Idriss Fajr

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

Legal rules alone are not sufficient to ensure social order; their effectiveness depends on a judicial apparatus capable of enforcing them. This article examines the judiciary as the ultimate recourse for every vulnerable party whose rights or dignity have been infringed, with particular attention to the wage earner within the employment relationship. It analyzes the precarious situation of workers who are abruptly dismissed by their employer—whether through reclassification of a permanent worker as temporary, dismissal justified by reduced physical capacity following illness or accident, or termination grounded in alleged serious misconduct, which always requires proof. The study further considers dismissals …

“To Complete Our Declaration”: The American Indian Chicago Conference, The Declaration Of Indian Purpose, And The Quest For Self-Determination, Joseph W. Ferguson

Department of History

The American Indian Chicago Conference (AICC) illuminates understudied elements within twentieth century Indigenous history. Post WWII policies of termination came to frame the conference, and archival evidence from the planning and establishment of regional conferences and founding documents allows for analysis of the deeper meaning the conference held. The planning phases, schedule, events, and outcomes of the conference indicate factors of a national Indigenous community and identity that have yet to be fully explored in the historiography of this period. The implications of termination policies on Indigenous peoples in North America act as a starting point for the conference’s development. …

Enterprise Modeling: The "Dyn-Stocks" Example — System Dynamics Applied To Inventory Management, Ahmed El Moukhtari

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

This article presents the objectives and results of a collective research project carried out within the CEREDE committee of the French Order of Chartered Accountants on inventory and supply management as a logistical base of the firm. Drawing on J.W. Forrester's system dynamics and industrial dynamics, the author develops a simulation model named "DYN-STOCKS" to explain the cash-flow variations arising from the operating cycle of a trading enterprise. The first part examines the problems posed by inventory management and enterprise modeling, distinguishing administrative organization, valuation, and decision-making. The second part introduces the DYN-STOCKS model, which represents the firm and its …

Signal And Substance: Why Methodological Sophistication Fails To Guarantee Inference, Aamir Rashid, Rizwana Rasheed

Publications and Research

Despite increasing analytical sophistication, empirical research in organization studies continues to suffer from fragile inference, uneven theoretical accumulation, and contested credibility. This paper seeks to explain why these problems persist by shifting attention from authors’ methodological choices to the evaluative dynamics of peer review. Adopting a conceptual and theory-analytic approach, the paper theorizes peer review as an inferential gatekeeping system. Drawing on research design, theory evaluation, and philosophy-of-science literatures, this study develops an analytical framework to examine how evaluative routines shape what constitutes empirical rigor during the review process. The analysis identifies five recurring reviewer blind spots: inferential scope inflation, …

Customer Experience At The Heart Of The Moroccan Banking Revolution, Raja Temnati

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

This article examines customer satisfaction with Moroccan banks, particularly in the context of the growing digitalization of banking services. Based on a qualitative survey, it identifies the key factors influencing customer satisfaction, including the performance of online services, the speed of request processing, and the quality of interactions with bank advisors. The findings show that banks offering seamless and secure digital services while maintaining high-quality in-branch customer support achieve higher levels of customer satisfaction, loyalty, and corporate image. Conversely, banks with limited online services, high perceived fees, and inadequate branch service generate greater customer dissatisfaction. The study highlights the importance …

Impact Of Celebrity Endorsement On The Behavior Of Banking Service Users, Salima Debbarh Mounir, Safaa Idmoussa

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

This article examines the impact of advertising campaigns using celebrity endorsement strategies on the behavior of banking service users. The study is based on a qualitative investigation conducted among both customers and non-customers of the selected banking institution. The findings indicate that the presence of celebrities in advertising can effectively capture public attention and significantly enhance brand awareness and recognition. However, celebrity endorsement alone is insufficient to ensure customer loyalty. Service quality and user experience remain the primary determinants of trust and long-term relationships between banks and their customers.

The Holy Trinity: Religion Clauses And Education Funding On The Roberts Court, Philip T.K. Daniel, Jeffrey C. Sun

ConLawNOW

The Supreme Court’s trinity of education subsidy cases have created an emergent pattern in education funding cases that extend much further than just emphasizing rules of neutrality and accommodation. These also potentially harm minoritized perspectives and identities by moving far beyond historic doctrinal groundings of separation of church and state. In three key cases all authored by Chief Justice Roberts, Trinity Lutheran Church of Columbia, Inc. v. Comer (2017),  Espinoza v. Montana Department of Revenue (2020), and Carson v. Makin (2022), the Court in this “Holy Trinity” of decisions moved from a theory of benevolent neutrality to policy abdication, relinquishing …

19th-20th Century Alabama Legal Documents: Finding Aid, Bethany Latham

Finding Aids

This collection is comprised of legal documents from Alabama, dating from the 19^th and 20^th centuries. There are also other assorted documents such as correspondence, invoices, etc. The majority are from Lawrence County, with some also from Calhoun, Talladega, Montgomery, Randolph, and St. Clair counties.

Perpetual Statehood Among Rising Tides: The Case Of Tuvalu And The Future Of Statehood, Sovereignty, And Maritime Bounds In The Face Of Unprecedented Climate Crisis, Caroline Crawford

International Law Journal

As climate change threatens the physical existence of low-lying island nations, the question of whether a country can retain statehood without territory becomes increasingly urgent. Tuvalu, facing potential submersion by 2050, has amended its constitution to declare perpetual statehood, challenging traditional international legal definitions that link sovereignty to physical territory. This Article examines the legal implications of Tuvalu’s declaration and explores whether current frameworks, including the Montevideo Convention, selfgovernance, the presumption of continuity, the Lotus principle, and the United Nations Convention on the Law of the Sea (“UNCLOS”), can accommodate such a claim. It advocates for legal innovations such as …

Toward A Private Law Of Intimates' Obligations, Emily J. Stolzenberg

Faculty Publications

When former cohabitants ask courts to distribute property at the end of a nonmarital relationship, they usually lose—even when the partners were as economically intertwined as spouses. Family law scholars have traditionally criticized these cases in terms of longstanding gendered ideas about family relationships. This Article proposes a complementary account at the intersection of feminist and private law theory: that the law of voluntary obligations is not adequately developed to protect intimates’ cooperation. Although marital status law aims to safeguard thick cooperation between spouses and contract law captures a range of more market-based cooperation, for historically contingent reasons, little doctrine …

Penguasaan Tanpa Dasar Hak Atas Bangunan Milik Orang Lain Sebagai Bentuk Perbuatan Melawan Hukum (Studi Putusan Mahkamah Agung Nomor 651 K/Pdt/2020), Helena Ginting, Abdul Salam

Lex Patrimonium

Disputes over the possession of buildings often originate from preliminary sale and purchase agreements that fail to result in a lawful transfer of rights. Legal issues arise when a down payment sale agreement is declared null and void due to the buyer’s failure to fulfill payment obligations, while physical possession of the seller’s property is continuously maintained without a valid legal basis. This article aims to analyze the legal standing of down payment sale agreements in relation to the transfer of rights over land and buildings, the status of possession following the nullification of the agreement, and the legal qualification …

Melding Existing Models Of Government-Assisted Insurance To Create A Comprehensive Federal Cyber Insurance Program, Patrick Miskovsky

Student Journal of Information Privacy Law

This article discusses the need for federal policy in the cybersecurity insurance market, and it considers whether existing federal insurance programs could serve as models for a national cyber insurance regime.  After framing the issue through a discussion of current cyber risks, the article examines the structure and mechanics of three existing federal insurance programs: the Terrorism Risk Insurance Program, the National Flood Insurance Program, and the Federal Deposit Insurance Corporation.  The article concludes by noting that elements of each would be essential in a federal cyber insurance program, and that policymakers should consider the extent to which these models …

The Final Payroll: Human Resources, Meet Machine Resources, Sarah Yee

Student Journal of Information Privacy Law

As artificial intelligence (AI) becomes increasingly embedded in employment practices, particularly in hiring and screening, the need for robust regulatory frameworks is urgent. This Article focuses on the growing use of AI in workplace decision-making, highlighting the risks of algorithmic bias and discrimination. It argues that while the United States lacks a unified legal approach to governing AI in employment, the European Union (EU) has taken a more proactive and comprehensive stance. Through instruments like the proposed EU AI Act and existing data protection laws such as the General Data Protection Regulation (GDPR), the EU imposes meaningful obligations on employers …