Law Commons^™

The Algorithmic Collusion Problem: A Judicial Framework For Analyzing Algorithms Under § 1 Of The Sherman Act, Rix Ryskamp

Washington Journal of Law, Technology & Arts

Courts are increasingly seeing Sherman Act Section 1 claims that involve AI and other software algorithms at the center of alleged conspiracies to unreasonably restrain trade—often called algorithmic collusion claims. Adjudicating these claims can involve complex analyses of how algorithms interact with alleged conspiracies. However, most of the Section 1 case law stems from traditional agreements and can be hard to apply to algorithmic collusion scenarios. This Article provides a framework that judges and other adjudicators might use to analyze the role of an algorithm in an alleged conspiracy without becoming bogged down in technical details early in the case. …

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.

Modern Economic Analysis And Antitrust Law: A Guide, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This book presents a modern economics approach to antitrust law. It expands upon and supplements traditional legal analysis of antitrust law and policy. It does so by analyzing antitrust legal standards and case law through the lenses of industrial organization economics and decision theory. The work is intended to be a comprehensive introductory guide for students, practitioners, and anyone else interested in learning the core of modern antitrust economics. Understanding the economics of antitrust and decision theory and applying that reasoning to specific cases and issues are critical steps for successfully studying and practicing antitrust law and policy. It treats …

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 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.

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

Notre Dame Journal of International & Comparative Law

No abstract provided.

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.

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 …

Extending Premerger Notification To Labor Markets, Eric A. Posner, Elena Prager

Coase-Sandor Institute for Law & Economics Research Paper Series

US antitrust law requires mergers above a certain size to be reported to the federal antitrust agencies for review prior to consummation. For decades, this premerger notification process and subsequent merger review focused nearly exclusively on product markets. In the last few years, the agencies have also begun to challenge mergers on their effects on labor markets. But the agencies’ ability to detect potential labor market harms is hampered by an absence of labor market information at the premerger notification stage. This article proposes specific types of information that the agencies could collect about labor markets in order to put …

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, …