Law Commons^™

The Deepfake Plague: Legal Gaps And Regulating Ai, Abhishek Chakrabarti

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Decoupling Innovation From Regulation: Why The U.S. Needs A General Statutory Experimental Use Exception, Shahrokh Falati, Ph.D.

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Volume 16 Issue 2 - Full Issue

Notre Dame Journal of International & Comparative Law

No abstract provided.

Mucho Ruido Y Pocas Nueces? Rethinking Mexico's Judicial Reform In Comparative Perspective, Oscar Serratos

Notre Dame Journal of International & Comparative Law

Mexico's 2024 judicial reform, which made it the first country to elect all judges by popular vote, has generated widespread criticism for allegedly threatening judicial independence and democratic governance. This Article challenges the prevailing narrative by arguing that many of these concerns overstate the reform's practical effect. Through a comparative analysis of Mexico's new constitutional framework and judicial electoral systems in the United States, the Article demonstrates that the reform incorporates structural safeguards—including balanced nomination powers, nonpartisan elections, restrictions on campaign financing, and continued judicial training—that set it apart from comparable American models. While acknowledging legitimate concerns regarding implementation and …

Letter From The Editor

Notre Dame Journal of International & Comparative Law

No abstract provided.

Shanghai In The 1930s, The German Civil Code And The Tragic Story Of A Brilliant Legal Mind, Lutz-Christian Wolff

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 16 Issue 2 Masthead

Notre Dame Journal of International & Comparative Law

No abstract provided.

Stopping Child Pornography And Csam Online: Act Local, Unite Global, Hon. Anne-Christine Massullo, Frederick W. Mostert, Lea Leisure

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Intertemporal Law Doctrine's Application To The Acquisition Of Colonies In The Americas, Kent Mcneil

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Art Of Misuse: Could The European Union Benefit From The U.S. Copyright Doctrine?, Isabella Fazio

Notre Dame Journal of International & Comparative Law

No abstract provided.

From Vulnerability To Justice: Reframing Indigenous Disaster Recovery Through A Human Rights-Based Lens, Portia Ozioma Chigbu

Notre Dame Journal of International & Comparative Law

Indigenous populations regard their cultural identity as central to their way of life, and their traditional lifestyles often place them in remote areas, isolating them from mainstream society. This isolation creates a unique set of human rights challenges, such as limited access to healthcare, restricted political representation, housing insecurity, and poor living conditions, making them especially vulnerable compared to other groups. In the context of climate change and the rising frequency of natural disasters worldwide, these vulnerabilities become more protracted and intensified. Since Indigenous populations already face structural disadvantages before disasters strike, such events deepen their vulnerabilities, increase their risk …

Direct Representation And Negotiorum Gestio In Scots Law, Jonathan Brown

Journal of Civil Law Studies

The Scottish Court of Session recognized, in 1887, that “it is a frequent case, if a man is not able to manage his affairs, and has a relative who is willing to take the responsibility, there are many instances in which, without their coming to the court… the management goes on with his assistance.” This being an arguably frequent occurrence has not resulted in it being a commonly litigated occurrence, and the topic of law engaged by this state of affairs—negotiorum gestio—is critically understudied within Scotland (and, arguably, other Civilian and mixed legal systems). Like Louisiana, Scotland is a ‘mixed’ …

The Creation Of Immovable Real Rights By Testament In Kosovo: A Comparative Approach, Bedri Bahtiri, Kastriote Vlahna

Journal of Civil Law Studies

The establishment of real rights over immovable property constitutes a central issue in contemporary civil law. This paper investigates whether a testament (testamentum) may function not merely as an instrument for the mortis causa transfer of existing real rights but also as a juridical title (titulus iuris) capable of constituting new real rights (constitutio iuris). The analysis emphasizes the doctrinal distinction between the transfer of ownership (translatio dominii) and the creation of rights (constitutio iuris) within the legal framework of Kosovo, further examined through a comparative lens with the German Bürgerliches Gesetzbuch (BGB) and the French Code Civil.
Drawing on …

Collaboration, Coopération Et Intérêt Commun : La Fluidité De L’Exigence De Bonne Foi En Droit Égyptien Et Français Des Contrats, Rana Mohammad Safi

Journal of Civil Law Studies

Le contrat, étant la source d’obligation primordiale dans la société, a connu une évolution remarquable depuis le XIXe siècle. Créant des obligations réciproques, le contrat peut être perçu sous un prisme antagoniste, chaque contractant veillant à ses propres intérêts avant les intérêts du cocontractant. Cependant, le droit des obligations connut une émergence des devoirs contractuels, notamment avec l’introduction de la bonne foi, renforcée au cours du temps pour inclure, en plus de l’honnêteté, les devoirs d’information, de loyauté et de coopération. Certains ont même considéré que cette évolution a conduit à une « crise du contrat » affaiblissant le fondement …

Restrictions For The Modern-Day Child: Act 456, No. 162, Implementing Social Media Restrictions For Minors Under 18 In Louisiana, Elizabeth Kelone

Journal of Civil Law Studies

Student Note

Cover, Masthead & Contents

Journal of Civil Law Studies

Contents

Editorial, Olivier Moreteau

Journal of Civil Law Studies

For the first time since the pandemic, the Journal of Civil Law Studies returns to publishing two issues per year, enabling faster publication.

Revisiting The Genesis Of French Louisiana: It’S No Coincidence The Civil Code Was Adopted—We Ain’T Anglos!, Warren Perrin

Journal of Civil Law Studies

This article examines how Louisiana’s distinctive civil law tradition survived the Louisiana Purchase and became embedded in the state’s identity through the interaction of culture, migration, and political compromise. Tracing the development of French Louisiana from the Acadian diaspora to statehood, the article argues that the adoption and preservation of the civil code was not accidental, but rather the product of a deeply rooted Francophone and multicultural society resistant to Anglo-American common law traditions. The study highlights the influence of major historical figures including Thomas Jefferson, William C.C. Claiborne, Julien Poydras, Casa Calvo, and Edward Livingston, while also emphasizing the …

La Place De La Loi Dans Le Code Civil De 1804 : Regard Rétrospectif, Mustapha Mekki

Journal of Civil Law Studies

La loi était conçue en 1804 comme le modèle normatif. Elle était la reine des sources et remplissait une noble fonction pédagogique et morale. Ce constat pouvait être fait également du code civil louisianais. Avec le temps, la concurrence entre les sources, le pluralisme juridique, la globalisation, le dogme de l’efficacité, ont-ils eu raison de cette fonction modèle attribuée à la loi au début du 19e siècle ? Cette étude s’efforce d’exposer cette loi mise à l’épreuve et de présenter ce qu’il reste de ce modèle normatif dans notre paysage juridique.

Civil Code Reforms And Sources Of Law: The French And Quebec Experience Compared, Pascale Deumier, Mathieu Devinat

Journal of Civil Law Studies

Can civil codes be reformed “like any other piece of legislation?” A comparison of the French and Quebec experiences illustrates the methodological challenges that arose from civil code reform projects for the Civil Code of Québec during the last two Centuries. It also reveals the complex relationship that jurists have with “their” own civil code, in a civil law context.

The Civil Law English Terminology (Civlet), A Louisiana Gift To The World, Olivier Moreteau

Journal of Civil Law Studies

In the early 19th century, Louisiana codified its civil law in French and in English. In the 20th century, it translated French civilian doctrine and then produced its own civilian literature in English. Over time, lawmakers and translators have crafted and refined new English legal terminology suited to expressing civilian concepts, thereby setting aside common law terminology. Quebec joined the process once Canada imposed bilingualism, while other English-speaking mixed jurisdictions also contributed. This article shows how, outside the common law English terminology (COMLET), a civil law English terminology (CIVLET) is developing, and is also enriched by a comparative law English …

Digital Surveillance In Remote Work In Ukraine: Privacy And Labor Law, Olena Sereda, Olena Ye. Lutsenko, Dmytro Sirokha, Liubov Kotova, Iliana V. Zinovatna

Journal of Civil Law Studies

This study aims to examine the balance between employers’ rights to monitor employee performance and employees’ rights to privacy in the context of remote work, emphasizing the transformation of labor relations under the influence of digitalization, the COVID-19 pandemic, and martial law in Ukraine.
The research applies comparative legal analysis, synthesis, induction, and deduction to explore international experiences, particularly those of the EU and the United States, and their applicability to Ukrainian labor legislation. The methodology integrates doctrinal legal research with an interdisciplinary perspective on digital governance and employment law.
The paper reveals a significant gap in Ukrainian labor law …

Jurisprudential Approach To The Concept Of Intent In Greek Law 3869/2010 (Personal Bankruptcy) With Comparative Perspectives, Andreas-Nikolaos Koukoulis

Journal of Civil Law Studies

Under Law 3869/2010 in Greece, fraud plays a central role in determining eligibility for debt relief. The law aims to protect individuals from banking practices that have led them to over-indebtedness, except for those who know they cannot or do not wish to repay their debts. Fraud is defined as a subjective element that must be proven by the creditor, highlighting behaviors such as willful avoidance of payments despite having the means to do so. The evaluation of the debtor's actions is examined for intent, particularly considering factors such as the debtor's lack of experience or understanding. Greek courts emphasize …

Variations On Property And Power: Corporations, Absolute Dominium, And Partus Sequitur Ventrem In The 1825 Louisiana Civil Code, John A. Lovett

Journal of Civil Law Studies

Over the past year, the Louisiana legal community has celebrated the bicentennial of the 1825 Louisiana Civil Code with enthusiasm, observing its solidification of the civil law tradition in Louisiana and documenting its importance in the spread of civil law throughout the Americas. This Article focuses on three areas of the 1825 Civil Code that have generally not attracted significant scholarly attention in Louisiana but that have important socio-legal significance. 
First, the Article addresses twenty articles appearing toward the end of Book I of the Civil Code that allow, define, and regulate corporations. Even though private corporations were still rare …

Family Court Proceedings In Baton Rouge, Charlotte Chapel

Journal of Civil Law Studies

Student Note

Complete V. 18.1

Journal of Civil Law Studies

Complete Issue

Act 464 Of The 2023 Regular Session: Prohibition On Acquisition Of Immovable Property By Foreign Adversaries, Miguel Savoy

Journal of Civil Law Studies

Student Note

The Ten Commandments Cases And The Move Towards The Concrete In Establishment Clause Jurisprudence, Eric Rassbach

Journal of Catholic Legal Studies

(Excerpt)

First of all, thank you very much, Professor Movsesian, the Mattone Center, and St. John’s for inviting me here to speak today on what I believe is a very important issue. I will also say that I share Chris’s opinion that it’s great to work with him. He actually wrote a very compelling brief in our case at the Supreme Court called Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC back in 2012. That was the only brief mentioned by Justice Breyer during the argument, and it was also the only one cited in the Court’s unanimous decision. So, …

Religious Liberty And The New Ten Commandments Cases, Christopher C. Lund

Journal of Catholic Legal Studies

(Excerpt)

Thanks for having me. I’m grateful to St. John’s, the Mattone Center, and Professor Movsesian for the invitation. I’m glad to be here with Eric, whom I admire greatly. I’ve worked with Eric and Becket on several projects, and we see some things quite similarly. But on these issues, we see things differently, which I hope will make for good conversation.

Religious liberty is one of America’s great contributions to the world. Centuries ago, religious liberty brought an end to the war of religion. And in our modern society, religious liberty enables people to live together with fundamentally different …

Soft Establishment, Religious Education, And Stone V. Graham, Christopher C. Lund

Journal of Catholic Legal Studies

The Supreme Court has said the Establishment Clause should be interpreted in light of history and tradition. This Essay adds to the historical conversation by highlighting an overlooked dimension of religious establishment. Many recent decisions and commentary treat coercion as the central feature of establishment, often drawing on Michael McConnell’s identification of six common features of religious establishments. But McConnell’s categories were never meant to be exhaustive, and coercion alone cannot explain important parts of the historical record.

Religious education was central to religious establishment. Established religions took deliberate measures to secure the intergenerational transmission of the faith, a task …