Law Commons^™

Ndls Communicator: Week Of 12.15.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Professor Richard Ekins delivers distinguished constitutional law lectures at Harvard and Princeton
• 3L Dennis Wieboldt Awarded the 2025 Brown Award for Excellence in Legal Writing by the Judge John R. Brown Scholarship Foundation

Alumni News

• Gabriela Pacheco Arias ’08 LL.M. makes history as the first woman appointed Secretary of the Inter-American Court of Human Rights

Faculty Briefs

• Paolo Carozza
• Mary Ellen O'Connell
• David McIlroy
• Michael Addo
• Emily Bremer
• Haley Proctor
• Derek Muller

Events

• Final Exams, Dec. 9–18
• Faculty/Staff Birthday Celebration
• University Holidays, Dec. 24–Jan. 2

Around the Watercooler

• Thank you for attending the ND Law Christmas Party

The Dangers Of Being "Reef Safe": How "Reef Safe" Marketing Fails Consumer Protection Laws At Federal And State Levels, Molly Thorpe

Loyola of Los Angeles Law Review

The rise of the environmentally-conscious consumer has a corresponding side effect: environmentally-friendly advertising. Because environmental marketing is largely based on science, the average consumer lacks the requisite scientific literacy to determine whether a company’s product claims are legitimate. Although there are consumer protection laws that govern environmental marketing at both the federal and state levels, some forms of advertising fail to meet these standards, including “reef safe” sunscreen claims. “Reef safe” marketing alleges that certain types of sunscreen are better for the coral reefs than others.

This Note argues that “reef safe” advertising violates national and state consumer protection laws. …

Care Court: Unconstitutional And Ineffective, Samantha Moulton

Loyola of Los Angeles Law Review

The Community, Assistance, Recovery, and Empowerment Act (CARE) subjects Californians with schizophrenia and related disorders to a grueling, invasive, and coercive court process that strips them of their fundamental rights. Worse yet, CARE forces people into this process for no reason because involuntary outpatient commitment does not work to reduce hospitalization, increase compliance with medication, or improve treatment outcomes. CARE is not only unconstitutional—it is morally objectionable. This Note first analyzes how CARE violates the due process clause by subjecting individuals who are not dangerous to themselves or others to a court proceeding and to potential involuntary commitment. Then, it …

Platforms, Privacy, And Power: Examining Predictors Of Online Intimate Information Disclosure And Expression, Alexis Shore Ingber, Danielle Keats Citron, Jonathon W. Penney

Articles & Book Chapters

When intimate privacy is violated, self- and relational development is impaired to the detriment of individuals and society. Despite these costs, there is a lack of systematic empirical and theoretical study of intimate privacy and efforts to protect it. This research helps fill this void through two complementary studies. Through a longitudinal experimental design, results from Study 1 highlight that partner trust and response-efficacy were not only positively predictive of online intimate disclosure, but also strengthened following knowledge of intimate privacy protections. In Study 2, we find individuals are more likely to engage in public-facing online sexual expression if the …

Tangible Recommendations To Execute California Assembly Bill 3099: A Proactive Approach To Combatting The Missing And Murdered Indigenous People Crisis, Hannah Marquis

Loyola of Los Angeles Law Review

Indigenous people across the United States experience disproportionately high rates of violence and relatedly high rates of murders and disappearances. This phenomenon has been coined the Missing and Murdered Indigenous Peoples Crisis (MMIP), and as a state with one of the largest Indigenous populations, California also has one of the largest MMIP caseloads. While California has recently taken action towards combatting the MMIP crisis, these have been largely “reactive” steps aimed at bolstering law enforcement responses to already occurring MMIP cases. As it stands, there is a gap in solutions that have a “proactive” focus aimed at lessening the risk …

Pronatalism In The United States: How Political Ideals Surrounding Family And Reproductive Health Care Contribute To Neglect In The Foster Care System, Carson Sebree

Undergraduate Honors Theses

Within the past decade, conservative reproductive politics in the United States have experienced an ideological shift from pro-life toward pronatalism. This has been intensified through the rollback of reproductive rights and the rise of Christian nationalism. However, there has been no commensurate additional funding for the foster care system. This project asks the interrelated questions of: “how is pronatalism linked to neglect within the foster care system?; and, how do theories of democratic care highlight the necessity to rethink support for the foster care system and create policies that will address its shortcomings, given the rise of pronatalist aw and …

Assessing The Relationship Between Treatment Quality, Matching And Dosage And Juvenile Justice Outcomes Among Youth With Co-Occurring Substance Abuse And Mental Health Disorders, Kevin T. Wolff, Michael T. Baglivio, Joshua A. Lang

Publications and Research

This study examined differences among youth in deep-end juvenile justice residential placement who did, and did not, present with co-occurring disorders. The prevalence of cooccurring mental health and substance use/abuse issues was found to be 19%, far lower than that of prior work. Researchers demonstrated more similarities than differences between youth with and without co-occurring disorders, both in terms of their criminal histories and the prevalence of their criminogenic needs. Additionally, the residential programs across Florida appear to provide treatment at similarly high levels of integrity, as measured by 1) matching treatment services to the highest three dynamic risk assessed …

Kredyt Konsumpcyjny Jako Źródło Finansowania Potrzeb Gospodarstw Domowych W Polsce I Wybranych Krajach Unii Europejskiej W Świetle Wyników Badania Własnego, Patrycja Szurek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The consumer is one of the most important entities on the financial market, engaging in a variety of purchase and sale transactions with entrepreneurs. Consumer behavior depends on many internal and external factors that shape their perceived needs. Among the situations that have a particular impact on consumer behavior in the financial market, are crises affecting the overall economy. In recent years, the economic crisis caused by the COVID-19 pandemic has had a particularly significant impact on the consumer, significantly changing the functioning of the consumer in the market. The consumer has become much more cautious and discouraged from any …

The Double Patenting Puzzle, Michael Risch

Faculty Publications

It’s a simple rule: one patent per invention. This is easy to enforce when patent claims in two patents are identical, but what if the second patent claims something close but not quite the same? For more than 150 years, courts have held that obvious improvements over the prior art cannot be patented. But when inventors seek a small improvement in their own follow-on patents, there may not be any prior art because the law does not typically count inventors’ work against themselves. Inventors can include two similar claims in the same patent without objection, but if they split them …

Opening Brief For Plaintiff-Appellant Emery Barron, Steven Mitchell, Carolyn Sacco, Shaina Sikka, Madeline H. Meth

Faculty Scholarship

By the time Emery Barron sued Pennsylvania Department of Corrections officials in 2021, they had kept him caged for almost six years in solitary confinement without providing a pathway for him to reenter general population. Department of Correction policy calls for officials to review the ongoing need for solitary confinement after an initial ninety-day stint in disciplinary confinement. However, procedural carve outs allow officials to leave people like Barron in solitary indefinitely without an opportunity to be heard by a decisionmaker and without requiring officials to assert any legitimate penological interest behind the confinement.

Under this scheme, which violated both …

Zasada Minimalizacji A Zakres Wymiany Danych Ubezpieczeniowych Klienta W Projekcie Rozporządzenia W Sprawie Ram Dostępu Do Danych Finansowych (Fida), Bartosz Bigaj

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The purpose of the article is to critically assess the provisions on the scope of customer financial data exchange contained in the draft Financial Data Access Framework Regulation (FIDA) published by the EC on June 28, 2023, in the context of the principle of minimalism regulated by the GDPR Regulation. The author focuses on the potential benefits and risks of sharing customer information in the insurance market, including consumers in particular. The article provides a general analysis of the concepts of “open finance,” “open banking” and “open insurance,” as well as the principle of data minimalism from the RODO. Due …

Rogue Artificial Intelligence, Science Fiction, And The Law, Kerry L. Macintosh

Faculty Publications

No abstract provided.

Efficacy Of Oil And Gas Production Site Remediation In U.S. Arid/Semi-Arid Regions, Skye Ontiveros

Architecture and Planning ETDs

Oil and gas production (OGP) is expanding, paralleled by its polluting leaks and spills (LS), and outpaced by its waste. This raises the question: Does remediation of LS occur effectively when needed to protect the environment and public, particularly in major producing regions like arid/semi-arid regions (ASAR), which account for approximately 72% of US oil and 42% of gas production? To answer, a review of the eight largest national remedial laws, sourced from the Code of Federal Regulations (CFR), identified 14 OGP exemptions for remedial determinants (RDs): factors affecting remedial frequency and efficacy (e.g. LS monitoring and chemical disclosure). An …

Halt Under Threat Why Legislators Must Demand Compliance Before Change A Playbook For Action, Vanda Seward

Capstones

This playbook examines the implementation of New York State’s Humane Alternatives to Long-Term Solitary Confinement (HALT) Act and presents evidence demonstrating that the law has not been fully or consistently enforced by the New York State Department of Corrections and Community Supervision (NYSDOCCS). Drawing on findings from the New York State Inspector General, the Correctional Association of New York, the Justice Center, court rulings, and community testimony, the analysis documents persistent violations, including excessive and illegal use of solitary confinement, inadequate documentation, failures to protect vulnerable populations, and insufficient accountability for staff misconduct. The playbook critically evaluates the recommendations of …

Solicitantes De Asilo Enfrentan Audiencias Sin Abogados Ante Fallas En La Ayuda Legal De Nyc, Nicol V. Leon Arge

Capstones

Este reportaje examina cómo las fallas en el sistema de asistencia legal de la ciudad de Nueva York están dejando a personas solicitantes de asilo enfrentar la corte de inmigración sin representación legal, lo que incrementa su riesgo de detención y deportación. A través de los casos de tres mujeres de Ecuador y Venezuela, el texto documenta cómo las barreras idiomáticas, la sobrecarga de las organizaciones sin fines de lucro y las limitaciones de los programas financiados por la ciudad hacen que el acceso a abogados pro bono sea inestable o inalcanzable. Pese a las iniciativas anunciadas por la administración …

Despite Successful Lawsuits And Investigations, Kensington Grocery Stores Still Deny Workers Legal Wages, Tareq Saghie

Capstones

This article looks at three grocery stores in Kensington, Brooklyn that continue to pay immigrant workers below legal wages despite courts and the Department of Labor penalizing them for it repeatedly. The reporting speaks to the ineffectiveness of the law at deterring labor violations, the commonality of wage theft in New York's grocery stores, and the impacts it has on workers.

https://medium.com/@tareqsaghienyc/despite-successful-lawsuits-and-investigations-kensington-grocery-stores-still-deny-workers-legal-a332c980a1cb

San Mateo County’S Digital Jail Mail Sparks Reckoning Over Private Data, Juan A. Lasso

Capstones

This capstone examines privacy and data risks embedded in digital communication systems used in U.S. correctional facilities. As private vendors introduce tablets, kiosks, and mail digitization services, these technologies enable widespread surveillance and data collection of incarcerated people and their loved ones. The project explores how these systems track and analyze digital footprints in ways that challenge established legal and ethical expectations around privacy. It documents the personal impact on loved ones of people currently or formerly incarcerated in San Mateo County. The reporting centers on the California county jail where a civil rights lawsuit is pending over the mail …

New Yorkers Training, Mobilizing To Protect Immigrants As Federal Crackdown Intensifies, Cristina Ledra, Andrew Serulneck

Capstones

As the Trump administration escalates deportation efforts nationwide, New York City is bracing for increased enforcement, with advocates warning that fear of deportation raids is already reshaping daily life for immigrant communities. New York protesters have not yet faced the most severe federal charges following high-profile confrontations, as protesters have in other states around the country. And the federal cases are largely falling apart and not resulting in trials or convictions. Despite the legal threat, some advocates see the moment as galvanizing.

https://docs.google.com/document/d/e/2PACX-1vQrUcmMi4XgxnkjMV-h58Cp3RTxfmIEt95H79uo7CDFlYD5lo59QylxoWozHJhBhlxHCzA98XHnwX7-/pub

How Armenia And Azerbaijan Are Lobbying For Influence In D.C., Gibran C. Boyce, Dawn Kikel

Capstones

In the wake of President Trump taking office, foreign government agencies and U.S.-based non-profits serving Armenian and Azerbaijani interests have been hiring lobbyists in Washington, D.C. as part of their concerted efforts to curry favor, gain influence, and seek policy changes that would benefit the rival post-Soviet nations.

Diplomacy Derailed: Discrimination’S Detour On Route 40, Gage A. Kivlen

Masters Theses, 2020-current

The 1961 Route 40 campaign in Maryland became a critical battleground where three competing approaches to addressing racial segregation revealed deep contradictions in Cold War America. Route 40, a major highway between Washington D.C. and New York, became an international embarrassment when African diplomats from newly independent nations were repeatedly refused service at restaurants and hotels. This crisis prompted responses from three distinct actors: the Congress of Racial Equality (CORE), which employed grassroots organizing and direct action; the State Department's Special Protocol Service Section (SPSS), which pursued top-down diplomatic solutions; and the Federal Bureau of Investigation (FBI), which conducted extensive …

Pembuktian Sederhana Dalam Proses Kepailitan Terhadap Perusahaan Pengembang Pasca Surat Edaran Mahkamah Agung Nomor 3 Tahun 2023, Maya Iswandi

Jurnal Hukum & Pembangunan

Abstract

After the issuance of Sema No. 3/2023, there were various pros and cons to its implementation. This is because the sema has limited and in quotes has protected development companies from bankruptcy proceedings. Sema No. 3/2023 provides immunity to development companies from bankruptcy because they are deemed not to meet the simple proof that must be met in the bankruptcy process. This provision seems to deny the judicial system that should determine the evidence in a case. This certainly causes degradation of legal certainty and consumer protection. Therefore, this research will discuss simple proof in development companies after the …

Becoming Steve Bright, Robert L. Tsai

Kentucky Law Journal

No abstract provided.

¿Cómo Se Dice, "Liberty And Justice For All Cannot Exist Without Equal Access For All" En Español?, Turner Denise Reynolds

Kentucky Law Journal

No abstract provided.

Like Balance On Ice: Towards A New Approach To The Open And Obvious Doctrine Under Kentucky Law, Hayden T. Crosby

Kentucky Law Journal

No abstract provided.

Just A Place Or A Just Place?: Domestic Violence, Urban-Rural Differences, And Access To Justice, Cassie Chambers Armstrong

Kentucky Law Journal

No abstract provided.

Prosecutorial Discretion And Digital Democracy, Erin Sheley

Kentucky Law Journal

No abstract provided.

Founder Worship, Effective Altruism, And Corporate Governance, Jennifer S. Fan, Xuan-Thao Nguyen

Kentucky Law Journal

No abstract provided.

When Back To Work Orders Fail: Lessons From Air Canada For U.S. Labor Policy, David Schwartz

Cardozo Journal of Conflict Resolution (CJCR) Blog

In August 2025, 99.7% of Air Canada flight attendants agreed to strike, triggering what quickly became one of the most visible labor disputes in North America. Within hours, the government declared the strike unlawful and issued a back‑to‑work order. On paper, this should have ended the disruption. In practice, it did not. Thousands of flight attendants, organized under the Canadian Union of Public Employees (CUPE), defied the order and continued protesting. CUPE believed the process was unfair, claiming the airline refused to bargain fairly knowing the government would intervene to preserve operations. The strike paralyzed operations at Canada’s largest airline …

Modern Technology Addiction: Developer Duty Of Care, Jonah Hampton

Honors College Theses

Technology addiction includes any frequent use of technology which interferes in the user’s life. The subject continues growth as an epidemic and research field, yet prior literature does not often analyze the role of technology developers. This study performs a literature and legal synthesis to evaluate user and company responsibility, implications of responsibility, and promising solutions. Post 2020 literature was selected for coverage on context, addictive features, effects, solutions, or perspectives on law. Legal examples from different addiction industries were also selected for analysis to understand previous precedents. The study found a pattern of addictive traits, persuasive design, and recurring …

Rekonstruksi Paradigma Transfer Of Sentenced Persons: Antara Kepentingan Narapidana Dan Kepentingan Negara, Serta Implikasinya Pada Tata Kelola Transfer Of Sentenced Person, Fitra Arsil

Jurnal Konstitusi & Demokrasi

This article analyzes the paradigm shift in the Transfer of Sentenced Persons (TSP) from a regime oriented towards the rehabilitation and social reintegration of prisoners to a new configuration increasingly driven by state interests, such as national security, prison population management, immigration policy, budget efficiency, diplomatic calculations, and human rights image. Based on a legal-normative approach combined with institutional analysis and a comparison of practices in various jurisdictions, this paper shows how the principle of consensualism, initially interpreted as "trilateral consent" (the sentencing state, the receiving state, and the prisoner), has fragmented into three models: compulsory, voluntary, and hybrid, with …