Law Commons^™

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 …

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, …

How Legal Systems Reflect Societal Views Of Nature, Devorah Corvo

Latin American & Caribbean Law Review

Pre-Columbine Indigenous communities differed from European settlers in many ways. One of the most striking differences was the way each group viewed itself in relation to nature and wildlife. Indigenous communities generally did not see themselves as separate from the natural world, while European settlers often viewed themselves as distinct from it. In the United States today, many people care about the environment but are unsure how to protect it. By contrast, pre-Columbian Indigenous communities were so deeply connected to their surroundings that harm to wildlife would have been seen as harm to the community itself. By examining three pre-Columbian …

Digital Media And Its Effect On Domestic And International Copyright, Jasmine Martin

Latin American & Caribbean Law Review

This article explores the history of modern copyright law and identifies the pitfalls of a legal framework built around physical media, such as the doctrines of first sale and fair use. As markets have shifted to digital distribution, these doctrines have been weakened or displaced by licensing regimes that redefine ownership as limited access. The article argues that this transition has systematically eroded consumer rights, allowing copyright holders to impose restrictions through contracts and technological controls that bypass traditional protections.

Lessons From The Fall Of The Roman Empire: The Patent Law Edition, Emma Masters

Latin American & Caribbean Law Review

This article examines the crises threatening the U.S. Patent System through the historical lens of the fall of the Roman Empire, arguing that a loss of predictability and the hollowing out of property rights threaten to dismantle American innovation. Drawing parallels between the Roman Empire’s economic decay and modern legal trends, this piece explores how costly litigation—often surpassing millions of dollars—and the rise of “efficient infringement” among other troubling phenomena, act as a “tax” on innovation that disproportionately stifles small and medium-sized enterprises (SMEs). The U.S Patent System’s original purpose of incentivizing innovation is being compromised by patent thickets, a …

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 …

The Silent Bench: How The Chilean Judiciary Failed To Check Pinochet's Executive Power And The Continued Struggle For Judicial Independence, Daniela González García

Latin American & Caribbean Law Review

Although authoritarian regimes are often associated with lawlessness, many consolidate power through carefully crafted legal framework that create the illusion of illegality. Chile under Augusto Pinochet offers a critical case study of this phenomenon. In Chile, Pinochet ushered in his “authoritarian legality” after spearheading a military coup in 1973 that toppled a democratically elected left-wing government. Through Chile’s 1980 Constitution, drafted by hand-picked loyalists and approved in a tightly controlled setting, Pinochet’s regime embedded executive supremacy, restricted judicial review, and transformed Chile’s courts into a silent bench. Applying David S. Clark’s theory that judicial review must be evaluated within a …

Invisible Empires: Transnational Illicit Trade & The Global Threat To Law And Justice, Víctor Hugo Guerra Hernández

Latin American & Caribbean Law Review

Transnational illicit trade has evolved beyond the mere economic and individual concerns of public or private sectors isolated. It now poses a profound threat to the integrity of democratic institutions, the rule of law, and global justice systems. This article explores the intricate links between illicit international trade and transnational organized crime within the concepts of a postmodern State. The article demonstrates how these criminal and clandestine networks undermine state sovereignty, fuel corruption and international briberies, and erode public trust. By analyzing the legal, political, and socio-economic dimensions of illicit markets, from old fashioned contraband activities to modern trafficking of …

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. …

Fiscal Sustainability And The Courts In Colombia, Eleonora Lozano-Rodríguez

Latin American & Caribbean Law Review

This text offers a theoretical and conceptual approach to fiscal sustainability and to the mechanism of fiscal impact review. It also examines specific judicial cases where fiscal sustainability and/or fiscal impact review have been applied in areas such as social security, victims of the Colombian internal armed conflict, community mothers, and taxation. The article concludes that the difficult dialogue between law and economics has improved, though legal nuances still need clarification, and economic advantages or disadvantages remain to be measured. At times, the guarantee of rights prevailed (for example, compensation for Black, Afro-Colombian, Raizal, and Palenquero communities, as well as …

A Sociolegal Explanation Of The Judicial Reform In Mexico, Alberto Abad Suárez Ávila

Latin American & Caribbean Law Review

This paper aims to offer a socio legal explanation for Mexico’s ongoing judicial reform, which shifts from a civil career paradigm for appointing judges to a popular election model. Most scholars have explained the reform mainly because of populism and constitutional authoritarianism. They focus on the political and normative factors. I would like to broaden the perspective: using a sociolegal approach, I consider other relevant factors, including some economic context as well as cultural aspects, to provide a more comprehensive explanation of the phenomenon.

On The Need To Recognize The Erga Omnes Effect In Fundamental Rights In Chilean Law, José Luis Guerrero Becar

Latin American & Caribbean Law Review

This article refers to the Chilean legal tradition of the relative effect of judgments, that is, their effects apply only to the parties involved in the litigation. This principle has an express exception in the Consumer Rights Protection Act, which mentions the erga omnes effect. Since 2010, this principle has come under scrutiny due to constitutional injunctions in social security matters administered by private companies known as ISAPRES (National Health Insurance Companies). These companies have increased the prices of health plans, using tables that apply factors based on age and sex. This has led to the filing of thousands of …

Illegal And Informal Mining And The Violation Of Fundamental Rights: The Peruvian Case, Carla Mares Ruíz

Latin American & Caribbean Law Review

This article critically examines the impact of illegal and informal mining in Peru and its relationship with the violation of fundamental rights, with particular emphasis on the rights to health, a healthy environment, and effective judicial protection. It also examines the regulatory evolution of the formalization process for artisanal and small-scale mining (ASM), placing special emphasis on the resounding failure of these laws and the perverse effects of the continuous extension of REINFO (Comprehensive Registry of Mining Formalization), particularly with regard to the expansion of ilegalmining and the promotion of impunity. The paper also explores the environmental, social, and criminal …

Algorithmic Law In Contemporary Brazil: From Cyber-Libertarianism To Constitutional Rights, Pedro Rubim Borges Fortes

Latin American & Caribbean Law Review

This article provides a reflection of Brazilian algorithmic law, exploring how law regulates algorithms by defining prohibitions, permissions, standards, and rights in contemporary Brazil. Importantly, the concept of “algorithmic law” implies a normative idea, that is, that law should regulate algorithms, defining prohibitions, permissions, standards, and rights. This study examines the ideological transformation of law and technology, as Brazilian society moved from a libertarian approach to a perspective of establishing protective legislation, regulation, and constitutional rights to technology users. It explains the ‘Civil Rights Framework for the Internet.’ the ‘General Data Protection Law,’ the legislative project of an Artificial Intelligence …

Foreword, Latin American & Caribbean Law Review

Latin American & Caribbean Law Review

No abstract provided.

Message From The Editor-In-Chief, Latin American & Caribbean Law Review

Latin American & Caribbean Law Review

No abstract provided.

Publication Information, Latin American & Caribbean Law Review

Latin American & Caribbean Law Review

No abstract provided.

Executive Editorial Board, Latin American & Caribbean Law Review

Latin American & Caribbean Law Review

No abstract provided.

Table Of Contents, Latin American & Caribbean Law Review

Latin American & Caribbean Law Review

No abstract provided.

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.

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

International Law Studies

No abstract provided.

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.

The Impact Of Tobacco-Free School Laws On Student And Staff Smoking Behavior, Rachana Bhatt, Peter Hinrichs

Upjohn Institute Working Papers

A number of U.S. states have enacted bans on tobacco use by students, staff, and visitors anywhere on the grounds of public elementary and secondary schools statewide. These laws are intended to reduce tobacco use, reduce exposure to secondhand smoke, reinforce anti-tobacco curricula taught in schools, and prevent children from viewing their teachers and fellow students using tobacco products. We examine the impact that the laws have on the smoking behavior of students, teachers, and other school staff by using stacked difference-in-differences estimators that exploit the time variation in adoption of the laws across states. The results presented in this …

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, …

Mmu: 10/05/26-10/11/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Comments On Reg-119882-25, Application Of The Personal Responsibility And Work Opportunity Reconciliation Act Of 1996 To The Refunded Portion Of Certain Federal Refundable Tax Credits, 91 Fed. Reg. 53,812 (Aug. 20, 2026); Irs Docket No. Irs- 2026-1057, Islame Hosny, Addison H. Brown, Andrew E. Hoppe, Nafisa Jeb, Parker W. Kinney, Shane M. Rice, Audrey Hager, Anna Russell, Cornell Law School Low-Income Taxpayer Clinic

Cornell Law School J.D. Student Research Papers

On October 5, 2026, the Cornell Law School Low-Income Taxpayer Clinic submitted this comment letter on proposed Treasury and IRS regulations (REG-119882-25, 91 Fed. Reg. 53,812). The regulations would apply the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) to the refunded portions of the adoption tax credit, child tax credit, American opportunity tax credit, and earned income tax credit. The letter argues that Treasury has not adequately reconciled PRWORA's "qualified alien" test with the Code's residency and Social Security number rules. It also argues that Treasury has not justified treating the adoption credit as a federal public …