Digital Commons Network^™

A Bulletproof Shield: Act 2, Sb 2 Limiting Civil Liability For Authorized Persons Using Firearms In Self-Defense Shootings, Anthony Kelly

Journal of Civil Law Studies

No abstract provided.

Liability Limbo: How Low Can Responsibility Go In Howe V. Gafford?, Amanda Sicard

Journal of Civil Law Studies

No abstract provided.

Marriage And Compensation: Wederstrandt V. Kol And A Spouse’S Right To A Wrongful Death Action, Van Matherne

Journal of Civil Law Studies

The fascinating 2023 Louisiana Supreme Court case of Wederstrandt v. Kol[1] invokes the minds of legal scholars and displays a cautionary tale for the layperson. For the scholar, this case demonstrates skillful civilian statutory interpretation that highlights the exclusivity protecting the marriage articles in Louisiana’s Civil Code. However, for the layperson, this case uncovers a possible inequity within Louisiana’s wrongful death statutes that serves as a warning to choose your spouse wisely.

[1].    Wederstrandt v. Kol, 366 So. 3d 47 (La. 2023).

The Sources Of The Civil Code Of Louisiana, Henri Plauché Dart

Journal of Civil Law Studies

No abstract provided.

Complete V. 17

Journal of Civil Law Studies

No abstract provided.

Ndls Communicator: Week Of 12.22.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Supreme Court Justice Amy Coney Barrett returns to Notre Dame Law for a wide-ranging fireside conversation with students
• Notre Dame Law Professor Diane Desierto Awarded Research Grants to Advance Global Human Rights Work
• International Expertise at ND Law: Visiting Professors Strengthen Scholarship and Community
• Notre Dame Law School’s Religious Liberty Clinic Secures Return of Stephen Jarrard to County Jail’s Ministry Program After Years of Religious Discrimination
• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging court to protect Jewish communities from discriminatory land-use barriers
• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging …

Acl Injuries In Major League Soccer: A 10-Year Analysis Of Injury Rate And Return To Play, And Performance Metrics By Player Position, Brian Forsythe, Catherine Hand, Camden Bohn, Francis Hand, Vahram Gamsarian, Daanish Khazi-Syed, Joshua Chang, Vikranth Mirle, Eric Giza, Robert Brophy, Danyal Nawabi, Bert Mandelbaum

2020-Current year OA Pubs

BACKGROUND: Anterior cruciate ligament (ACL) injuries are among the most debilitating injuries in professional soccer, often leading to extended recovery times and performance impacts. While much is known about ACL injury outcomes in European leagues, data specific to the Major League Soccer (MLS) remains limited.

PURPOSE/HYPOTHESIS: This study aimed to assess the return to play (RTP) times, RTP rates, and performance outcomes after ACL reconstruction in MLS athletes. It was hypothesized that RTP times would improve over the study period and that player performance would stabilize by the third post-injury season, consistent with findings from other professional soccer leagues.

STUDY …

Parallel Speculative Reasoning With Variable Budgets In Generative Models, Victor Carbune, Florian Hartmann

Defensive Publications Series

Generative models employing a sequential internal reasoning process with a fixed computational budget may experience latency or produce lower-quality outputs. A system for parallel speculative decoding with variable budgets can analyze an input prompt to predict a distribution of potential computational budgets and subsequently initiate multiple decoding streams in parallel, where each stream may be conditioned on a different budget from the distribution. An early termination mechanism can monitor the parallel streams and select a response from a stream that finishes its generation process, without waiting for more computationally intensive streams to complete. This technique can manage the trade-off between …

Full Issue, Kritika Kultura

Kritika Kultura

No abstract provided.

Exploring K-Pop Fandom As A Space Of Support: The Case Of Lgbtq+ Fans From Australia And The Philippines During The Covid-19 Pandemic, Thomas Baudinette, Kelsey Scholes

Kritika Kultura

This article draws upon qualitative interviews with seventeen LGBTQ+ individuals to explore the role of K-pop fandom in providing support to queer communities during the COVID-19 pandemic. The article adds a new critical perspective into academic and journalistic accounts of K-pop fandom to insist on K-pop consumption as a practice that fundamentally improves fans’ mental health. Beginning by establishing how K-pop fandom spaces, particularly on social media, were considered to already support LGBTQ+ fans’ attempts to make sense of their gendered and sexual identities under societal heteronormativity, the article details specific benefits that LGBTQ+ fans experienced with regard to their …

Symbolism In Liu Yichang’S Inside The Temple, Lingshuang Lai, Yue Zhang

Kritika Kultura

Liu Yichang’s (刘以鬯, 1918–2018) novella Inside the Temple (Sinei; 寺内), has been widely regarded, along with The Drunkard (Jiutu; 酒徒) and Intersection (Duidao; 对倒), as one of the best representatives of Liu’s work due to its narrative completeness and unique literary style. This article explores the symbols that Liu adopts in Sinei as he merges Western stream-of-consciousness techniques with Chinese poetic language. Liu’s synthesis offers fresh insight into humanity, life, and society from two perspectives: “abstract” and “concrete.” Certain images in the novella carry an “abstract” geometric quality and can be categorized as either symbols of the “straight line” (zhixian; …

Towards A Trans-Ethnic Representation Of Survival: Illness And Medical Writing In The Rag Doll Plagues, Qianqian Xu, Baojie Li

Kritika Kultura

As a peculiar condition affecting the body or mind, illness is an inescapable aspect of human existence. While intimately connected to the body, it does not belong solely to the domain of natural science. Instead, illness is a phenomenon inherently embedded in power relations and cannot be understood without the influence of external factors such as politics, religion, ideology, and economics. In Alejandro Morales’s historical novel The Rag Doll Plagues, the diachronic histories of different geographic spaces intersect synchronically due to the pervasive presence of human disease. Morales invites readers to explore the interplay between illness— particularly epidemic and pandemic …

Whose Story Is It? Postcolonial Racialization, Social (Im)Mobility, And Crony Capitalism In Tash Aw’S Five Star Billionaire, Chi Miao

Kritika Kultura

Malaysian Chinese author Tash Aw’s novel Five Star Billionaire narrates the stories of five Malaysian Chinese individuals striving to establish themselves in Shanghai by seeking opportunities for advancement, economic prosperity, and personal transformation. Drawing from Dan Shen’s narratological theory of dual narrative dynamics, which states how texts can have overt and covert narrative progressions, this article elucidates the novel’s hidden agenda by exploring how the characters’ experiences in contemporary China are intricately connected to their past in Malaysia. If interpreted according to the narrative’s overt progression, Five Star Billionaire depicts individuals who are enticed and ensnared by the forces of …

Korean Division Trauma And Mourning Communities, Kim Seok, Kim Jong Gon

Kritika Kultura

Division trauma is marked by traits specific to the Korean context, including extreme ideological polarization and a complex mix of superiority and inferiority. Our research introduces the concept of “mourning communities” as a framework for collective healing. It synthesizes the psychoanalytic theory of mourning with Turner’s notion of Communitas, understood here as an evolving mode of social engagement. While previous studies have attributed division trauma to the collapse of the “Nation≠State” caused by colonial rule and the Korean War, they have not fully accounted for its enduring impact on Korean society. We argue that division trauma was internalized within the …

Restoring A Cultural Wetland With Poetry: How Huahai Writes And Acts With A Chinese Environmental Conscious, Qingqi Wei

Kritika Kultura

My translation of Huahai—a Chinese ecological poet who is both an artist and activist—has revealed his environmental insights that are meant to be ecocritical, cross-cultural, and practically constructive. His “Twenty-Four Solar Terms”1 sound structurally at a natural pace with the seasonal changes, tune the poetic rhythms with those of the solar terms, and exude the essence of national culture without preaching archaic and complex moralities. Equally important is the poet’s anxieties based on a broader context of climate change in that he critically emphasizes excessive human activities. His concerns with global warming explicitly strike a chord with contemporary readers during …

Pilosopiko-Hermeneutikong Pagbasa Sa Mga Kaisipan Nina Bonifacio P. Sibayan, Ernesto A. Constantino, At Andrew B. Gonzalez, Fsc Hinggil Sa Wikang Panturo Sa Sistemang Pang-Edukasyon Ng Pilipinas, Jay Israel De Leon

Kritika Kultura

Pinag-aralan sa papel na ito ang kaisipan ng tatlong Pilipinong lingguwista na sina Bonifacio P. Sibayan (1916-2005), Ernesto A. Constantino (1930-2016), at Andrew B. Gonzalez, FSC (1940-2006) hinggil sa wikang panturo sa sistemang pang-edukasyon ng Pilipinas. Sa pangkalahatan, nilayon ng pag-aaral na tukuyin ang mga pagkakasundo at di-pagkakasundo ng mga pananaw ng tatlong lingguwista mula sa isang diyalohikong pagbasa sa lente ng pilosopikal na hermeneutika ni Hans-Georg Gadamer. Ipinalagay ni Gadamer na ang bawat isang inidibidwal ay may sariling “abot-tanaw” o saklaw ng paningin mula sa isang partikular na punto de bista, kabilang na ang kaniyang mga kaalaman, damdamin, at …

The Artist’S Resale Right: Global Perspectives And Vietnam’S Path To Protection Under The Evfta, Tran Anh Tuan, Tran Kien

Hasanuddin Law Review

The artist’s resale right, enabling visual artists to receive royalties from secondary market sales, is a pivotal intellectual property mechanism with varied global adoption. This article traces its historical evolution from early 20th-century legislation to its inclusion in international frameworks, contrasting the European Union and United Kingdom’s harmonized approaches with the United States’ rejection due to differing copyright philosophies. It examines the resale right provisions in a new-generation free trade agreement, analyzing Vietnam’s current legal gap under its intellectual property framework and the feasibility of incorporation. The article evaluates arguments for and against the resale right, highlighting its role in …

Judicial Discretion And Ultra Petita In Employment Termination Cases: Lessons From Dutch Arbitration System, Laode Muhammad Sabur, Abdul Razak, Hamzah Halim, Jamhur

Hasanuddin Law Review

The principle of ex aequo et bono occupies a unique position within Indonesia’s legal landscape: although not expressly codified, it is increasingly invoked by judges to pursue substantive justice in employment termination disputes. This judicial practice, however, raises concerns regarding legal certainty and the boundaries of judicial authority, especially when decisions extend beyond the parties’ claims and risk violating the ultra petita doctrine. This article examines the application of ex aequo et bono in Indonesian labor courts through a normative legal analysis, using both comparative and conceptual approaches. A focal point of the study is Supreme Court Decision No. 223 …

Feminism And Gender Equality Among Orang Asli Women: Implications For Customs And Laws, Rafidah Abd Karim, Ramlee Mustapha, Norwaliza Abd Wahab, Mohd Hasrol Hafizz Aliasak, Nurul Farhani Che Ghani, Irwansyah Irwansyah

Hasanuddin Law Review

Although Malaysia has made progress in recognising Indigenous rights, the perspectives of Orang Asli women on feminism and gender equality remain largely absent from legal and academic discourse. This article examines the legal tensions between indigenous customary laws and Malaysia’s constitutional commitment to gender equality, as perceived and experienced by Orang Asli women. The central legal issue explored is whether customary practices that reflect patriarchal norms can withstand constitutional scrutiny under Article 8 of the Federal Constitution, and how these practices align with Malaysia’s obligations under CEDAW and UNDRIP. Using a doctrinal legal methodology, the study systematically examines constitutional provisions, …

Sharenting In Malaysia: Balancing Parental Rights And Children’S Privacy In The Digital Age, Siti Zaharah Jamaluddin, Mohammad Abu Taher, Iman Syamil Ahmad Rujhan

Hasanuddin Law Review

This study explores the phenomenon of “sharenting,” the widespread practice of parents sharing information, photos, and videos of their children online, within the Malaysian context. As social media becomes deeply embedded in daily life, sharenting serves as a common means for parents to document and share their parenting journey. However, this practice raises significant concerns about striking a balance between parental rights and children’s rights to privacy, consent, and protection from long-term digital exposure. While Malaysian parents often view sharenting as an expression of their rights, it may inadvertently infringe upon the child’s autonomy and digital footprint, which is permanent …

A Cross-National Analysis Of State Institutional Authority Disputes, Jawade Hafidz

Hasanuddin Law Review

The distribution of authority among state institutions is a fundamental component of any governmental framework, as it helps prevent jurisdictional overlaps that could lead to institutional conflicts. When such conflicts over authority do occur, it becomes imperative to have a mechanism in place for their resolution. This study is designed to explore and analyze the comparative regulatory structures for resolving authority disputes among state institutions, as outlined by the legislation in Indonesia, the United States, Germany, and Canada. Furthermore, the research aims to identify the characteristics of disputes concerning state institutional authority and suggest optimal regulatory solutions for their resolution. …

Ghosts At The Gate: A Call For Vigilance Against Ai-Generated Case Hallucinations, Christina Frohock

Articles

No abstract provided.

"Diss," That, And The Other: The Legal Implications Of 'Diss Tracks', Roy S. Gutterman

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Finding Our Harmonies: Why And How Music Should Be Licensed For Use As Ai Training Material, Samantha Dietrich

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Julien Grisonas Family V. Argentina, Kamila Knaudt

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance and murder of a Uruguayan artist and member of the Party for the Victory of the People and his wife by Argentina within the framework of Operation Condor. The case was brought by their children, who had been separated from their parents when they were taken and given up for adoption in Chile. Eventually, the Court found Argentina in violation of several articles of the American Convention but did not find a violation of the Inter-American Convention on Forced Disappearance of Persons.

Compliance With International Humanitarian Law And Peacebuilding In Post-Conflict Kosovo, Avni H. Alidemaj, Alban Maliqi, Johne Doone, Valdon Bytyci

Hasanuddin Law Review

Unprecedented violent conflicts occurred worldwide during the 20th century. Millions of lives lost, infrastructure destroyed, and generational effects on post-conflict nations. Meanwhile, international humanitarian law was developed to reduce conflict damage. Government parties to International Humanitarian Law (IHL) conventions have enforceable obligations to implement, promote, and perform their duties, helping to promote their wider recognition and enforcement. During the Kosovo conflict, Serbian military commanders and the police violated international humanitarian law by breaking fundamental precepts. The study of the Kosovo conflict prioritizes criminal accountability and historical documentation over the enduring societal consequences of violations of IHL. There are not many …

China–Malaysia Cross-Border Data Governance: Asean And Regional Legal Interactions, Shan Deng, Rozanah Ab Rahman, Mariani Ariffin

Hasanuddin Law Review

In the context of the digital economy, cross-border data governance cooperation between China and Malaysia is constrained by two factors: differences in domestic data protection laws and the lack of coherence among existing multilateral frameworks. Prior scholarship primarily examines cross-border data governance through single-treaty frameworks, while the role of the Association of Southeast Asian Nations (ASEAN) as an institutional intermediary has not been systematically analysed. In particular, institutional coordination pathways between China and Malaysia remain underexplored. The study adopts a qualitative methodology, combining textual and comparative analyses, to examine the institutional structure of the ASEAN Data Governance Framework (ADGF). It …

Ai Revolution: The Legal Battle Between Indonesia And The European Union To Protect Copyright From Artificial Intelligence, Sitti Fatimah Maddusila, Agus Lanini, Andi Intan Purnamasari

Hasanuddin Law Review

The global surge in generative Artificial Intelligence (AI) has triggered unprecedented legal complexities in copyright protection. This article examines how Indonesia and the European Union (EU) approach the challenges posed by AI driven content creation and potential copyright infringement. Through doctrinal and comparative legal analysis, this study explores regulatory frameworks, liability questions, and enforcement mechanisms in both jurisdictions. The analysis reveals that Indonesia's Copyright Law No. 28 of 2014 remains anthropocentric, lacking recognition of AI generated works and mechanisms for regulating AI training using copyrighted materials. By contrast, the EU has developed a more comprehensive approach through the EU Copyright …

Reimagining Legal Approaches To Technology-Facilitated Violence Against Women In India, Samina Khan, Rohaida Nordin, Muhamad Sayuti Hassan

Hasanuddin Law Review

Digital technology has expanded women’s opportunities for expression and participation, while simultaneously enabling new and intensified forms of gender-based violence. In India, technology-facilitated violence against women (TFVW) has increased in scale and complexity, yet existing legal frameworks remain inadequately equipped to address its multidimensional harms. This article identifies a significant gap in Indian law, arguing that the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act (IT Act) insufficiently recognise psychological harm, informational privacy violations, and non-sexual online abuse, while continuing to rely on patriarchal notions of consent, modesty, and public morality. Adopting a doctrinal legal research methodology informed by …

Sexual And Bystander Harassment Among Part-Time Employees: Effects On Work Attitudes, Stress, And Withdrawal, Robert T. Hitlan

Faculty Publications

This study investigated the impact of sexual and bystander harassment experiences on work attitudes, stress, withdrawal, and psychological well-being of part-time employees. Participants included 314 female employees who worked part-time in their organizations. All participants completed a computer-administered workplace experience survey assessing various aspects of their work environment, including personal and bystander harassment experiences, work-related attitudes (supervisor satisfaction, coworker satisfaction, and general job stress), work behaviors (work and job withdrawal), and psychological well-being. Experiences of sexual harassment and bystander harassment were predicted to be negatively related to satisfaction and psychological health and positively related to stress and withdrawal. Both forms …