Digital Commons Network^™

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 …

The Data Broker Loophole: Medicare’S Version, Ana Wacker

Washington Journal of Law, Technology & Arts

U.S. consumers participate in the exchange of less data privacy for the benefit of cheaper pricing, innovative services, and the illusion of choice. However, consumer choice at the expense of minimal data privacy has encouraged data broker markets to thrive on pure profit incentives. Seniors participating in Medicare enrollment feel the impact of these profit motives acutely. The Medicare enrollment process is littered with Third Party Marketing Organizations (TPMOs) who use lead generators to target seniors. With no consent, lead generators target Medicare eligible individuals and forward their personal information to insurance agents for a fee. The lead generators operate …

Masthead

Washington Journal of Law, Technology & Arts

No abstract provided.

Table Of Contents

Washington Journal of Law, Technology & Arts

No abstract provided.

"Unmuted America": Oer Assignment And Syllabi For Law/Pol 313 Racial Politics, Camara Silver

Open Educational Resources

Professor Camara Silver created an open syllabus for LAW/POL 313 Racial Politics that includes Unmuted America: Power at Full Volume, a modular political science assignment series. The syllabus and assignment were created as part of an OER course conversion initiative during Spring 2026. The series asks students to examine how power is organized, narrated, defended, and challenged in American public life. Each version uses a two-part structure: “Volume Up,” in which students examine the historical roots, institutional foundations, and present-day structure of a major political issue, and “Volume Down,” in which students analyze a specific case study, source base, …

Volume 16 Issue 3 - Full Issue

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 16 Issue 3 Masthead

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor

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.

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

Notre Dame Journal of International & Comparative Law

No abstract provided.

Indian Independence, Unknown

Usher Burdick Papers

This editorial, titled “Indian Independence,” reflects on the historical and ongoing challenges faced by Native Americans due to colonization and federal policy and discusses the Bureau of Indian Affairs’ policy that allows tribes to govern themselves and gain independence from federal supervision, though it notes that full independence remains a distant goal. It addresses concerns about overprotection, undereducation, and the lack of viable opportunities for tribes to thrive economically, particularly in agriculture and ranching.

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.

Brief Of Public Health And Health Law Scholars As Amici Curiae Urging Affirmance In Support Of Plaintiffs-Appellees, Rachel L. Zacharias, Zeinab Bakhet, Kevin Costello, Maya Manian

Amicus Briefs & Court Filings

INTRODUCTION: Physicians’ use of their judgment and expertise to prescribe drugs and devices for purposes other than those approved by the Food and Drug Administration (“FDA”)—colloquially known as off-label use—is an indispensable feature of modern medicine. The FDA approves drugs as “safe and effective for specific indications.” Christopher M. Wittich, Christopher M. Burkle & William L. Lanier, Ten Common Questions (and Their Answers) About OffLabel Drug Use, 87 Mayo Clinic Procs. 982, 982 (2012). Federal law then generally leaves prescribing decisions, including off-label use of FDA-approved drugs and devices for a patient’s particular indication, to physicians acting under state law …

Businesses And Organizations: A Space For The Exercise Of Disciplinary Authority In Individual Employment Relationships, Nora Zeroual

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

An employer’s authority to discipline its employees is one of the powers available to it within the framework of individual employment relationships, and it raises many questions, foremost among which is: What is the scope or sphere within which this authority is exercised? In fact, upon reviewing the Labor Code, we find that it uses the terms "enterprise" and "institution" in this context—a terminological duality that led us to ask: What is the significance of this? This is a question we have sought to address from legal, legislative, and judicial perspectives—whenever the opportunity arose—by examining the concepts of both "enterprise" …

Provisions Governing The Sale Of Options Under Islamic Jurisprudence And Moroccan Contract And Obligations Law, Amina Sami

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

There is no doubt that the sales contract is the most important contract entered into by an individual to meet his or her consumer needs; however, the certainty that a given sales contract will achieve this purpose remains a matter of doubt for both parties. Therefore, the option has served as a means for both the seller and the buyer to withdraw from the contract whenever they deem it unfeasible to proceed with it. Furthermore, the purpose of the sale may not be achieved either due to a defect in the item sold, the absence of a characteristic deemed important …

An Analysis Of The Geographic Mobility Clause In Employment Contracts, Sanae Tourabi

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

The condition of geographical mobility is one of the conditions that entitles the employer to change the employee’s place of work in order to meet the needs of the business and respond to the demands of economic developments. Despite the importance of this clause, Moroccan lawmakers have not regulated it through specific legal provisions. This gap has been addressed by legal scholarship and the judiciary through a series of rulings issued by both the courts of first instance and the Court of Cassation, which have established a set of guidelines aimed at striking a balance between the employer’s economic interests …

The Board Of Directors In A Joint-Stock Company: Evolution Of Structure And Operating Mechanisms, Hamid Rouani

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

The board of directors has been the focus of considerable attention since the early days of the joint-stock company, as evidenced by the major turning points it has undergone and the significant changes it has experienced. This body has undergone—and continues to undergo—very important developments that have primarily concerned its structure and operating mechanisms. This article seeks to highlight the most important of these developments, through which contemporary legislation has sought to enhance the performance and effectiveness of this driving force—the beating heart of the joint-stock company—as it is the appropriate and suitable legal mechanism for large-scale projects and a …

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 …

Provisions On The Obligation Of Conformity In A Sales Contract: General Rules Vs. Specific Legislation, Sabah Benkaddour

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

Moroccan legislation has been influenced by the concept of quality since the country’s accession to the World Trade Organization, through the reinforcement of the obligation of conformity between the seller and the buyer, in order to ensure that products comply with recognized safety and health standards. Moroccan law has addressed this obligation in its general provisions (the Dahir on Obligations and Contracts) and in specific laws, such as the Consumer Protection Law, which allows the buyer to seek compensation when the seller breaches the obligation of conformity and the warranty of quality.

An Introduction To Proactive Principles Related To Environmental Protection And Sustainable Development, Asmaa Alami, Hasnaa Alami

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

The Moroccan legislature has established a very robust legal framework for environmental protection. It has also made sustainable development a strategic priority aimed at strengthening measures to mitigate and adapt to climate change and combat desertification, as well as enacting institutional, economic, financial, and cultural reforms in the field of environmental governance. Moroccan lawmakers have enacted a set of proactive principles that serve as a framework to be followed when the state, local authorities, public institutions, state-owned enterprises, and other stakeholders in the fields of the environment and sustainable development formulate and implement policies, strategies, programs, and action plans. These …

The Influence Of The Principles Of Management Science On The Drafting Of Business Law, Yassine Ait Ahmed

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

This article examines the influence of management science on the formulation of business law, by highlighting the interactive relationship between the evolution of management theories and the transformations in the legal regulation of business and economic activities. It demonstrates that the transition from the traditional concept of management to modern management science—based on planning, decision-making, control, and performance analysis—has given rise to new regulatory needs that have necessitated the development of legal rules consistent with the requirements of economic efficiency and corporate governance. The article also explains that globalization and economic and technological changes have contributed to the reshaping of …

What Impact Do Informal Actors Have On Tax Decision-Making?, Najat Elammari, Hicham Bendarkaoui

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

This article examines the influence of informal actors on tax decision-making in Morocco, highlighting that this process is not limited to official institutions but is also shaped by the involvement of national and international actors who play influential roles in guiding tax policy. The article demonstrates that international financial institutions, foremost among them the International Monetary Fund and the World Bank, have played a prominent role in guiding tax reforms—particularly within the framework of structural adjustment programs—by linking financial support to the implementation of reforms aimed at improving the efficiency of the tax system. It also highlights the role of …

Editorial : Contemporary Transformations Of Law: Special Issue In Honour Of Professor Abdellatif Komat, Sabah Benkaddour

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

No abstract provided.

Presentation Note Of The Manual "Elements Of Mathematics And Statistics For Economists", Fouzi Mourji

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

This paper presents a two-volume textbook on mathematics and statistics for economics students. The authors, Fouzi Mourji and Najib Mikou, emphasize that the introduction of quantitative methods in economics is a recent but irreversible phenomenon, noting that major theoretical advances in economics have often followed mathematical breakthroughs. The manual is designed to complement lectures and tutorials, helping students master basic concepts in economics curricula and understand their practical applications for economic decision-making. The presentation highlights the importance of mathematical tools for understanding economic mechanisms and rationalizing decision-making processes, while acknowledging the manual's imperfections.

How Migrants Fleeing The Mexican Drug War Changed American Labor Markets, Mark Borgschulte, Yuci Chen, Eduardo Medina-Cortina

Upjohn Institute Policy and Research Briefs

No abstract provided.

Ndls Communicator: Week Of 07.13.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School holds sixth annual Notre Dame Religious Liberty Summit in Chicago
• Notre Dame Law Professors Offer Insight on Supreme Court Rulings
• Veronica Maska '26 J.D. wins 2026 Smith-Doheny Legal Ethics Writing Competition
• Funeral Services for Professor of Law Emeritus G. Robert Blakey

Alumni News

• Dennis Wieboldt '26 J.D.
• Devan Patel '20 J.D.

Faculty Briefs

• Notre Dame Law School and the Ukrainian Catholic University Faculty of Law jointly organized the conference "Rule of Law at the Time of a Change of Epoch: Case of Ukraine" at Notre Dame London on June 25–26.
• Derek Muller
• Sherif …

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 …

Human Rights In Africa: Banjul Workshop And Seminar (November 1989), Khadija Elmadmad

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

This paper reports on a training workshop and seminar on human and peoples' rights held in Banjul, Gambia, in November 1989. The author, Khadija Elmadmad, notes that despite nearly three decades of independence for most African states, human rights violations remain widespread across the continent. The entry into force of the African Charter on Human and Peoples' Rights in 1986 and the establishment of the African Commission on Human Rights in 1987 were significant milestones, but effective protection remains a distant goal. The workshop and seminar, organized by the African Association of International Law with support from Scandinavian countries and …

Presentation Of The Work: "Coping With Africa's Refugee Burden: A Time For Solutions" By Robert F. Gorman, Khadija Elmadmad

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

This paper presents a review of Robert F. Gorman's book "Coping with Africa's Refugee Burden: A Time for Solutions," published in 1987 by Martinus Nijhoff for UNITAR. The author, Khadija Elmadmad, highlights that 90% of the world's refugees are in Third World countries, with Africa bearing the most dramatic burden. The book analyzes the international community's growing awareness of the link between massive refugee inflows and the economic difficulties of host African states. Gorman focuses on the Second International Conference on Assistance to Refugees in Africa (ICARA II), examining actions, obstacles, and the roles of international, governmental, and non-governmental organizations, …

Maritime Wrecks In Moroccan Law, Farid Hatimy

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

This paper examines the concept of maritime wrecks under Moroccan law, exploring its relationship with property rights, maritime navigation safety, fishing industry, and marine environment protection. The author, Farid Hatimy, addresses the challenge posed by the absence of a legal definition of "wreck" and confusion with similar concepts. The paper identifies three categories of maritime wrecks under Moroccan dahirs of 1916 and 1923, including shipwrecks in their broadest sense. The author notes that maritime wrecks derive their specific character from the location of discovery, except for shipwrecks, which are considered maritime wrecks even beyond Morocco's maritime public domain boundaries.