Law Commons^™

Education Standards And The United States Military, Makayla Donnelly

Liberty University Journal of Statesmanship & Public Policy

The United States military has been observed by many conservative and libertarian think tanks, such as The Heritage Foundation and CATO, as losing strength and effectiveness. Many outside these major think tanks are concerned about why defense takes up so much of the discretionary budget when the military seemingly continues to decline as most military branches fall short on their recruitment quotas. To boost recruitment and bolster the US military several branches have reexamined policies and altered them to expand the recruiting pool. One policy that is being investigated for reexamination is education standards. Education standards in some branches may …

Analyzing The Role And Impact Of Energy Resources On The South China Sea Dispute, Adam Opp

Liberty University Journal of Statesmanship & Public Policy

The South China Sea is a critical but contested body of water that has been the source of much international debate and focus. The sea is a strategic maritime route and one of the most important waterways for regional and global trade. The South China Sea features rich natural resources such as fisheries and hydrocarbons, especially unknown amounts of oil and natural gas remaining untapped throughout the sea. Geological surveys estimate extremely lucrative quantities of oil and natural gas in the South China Sea, which drives the conflict, as nations with competing territorial claims seek to control not just the …

Amazon.Com And The Nlrb: Privacy Rights, Home Visits And Beyond, Leonard Bierman, Rafael Gely

Texas A&M Law Review

In the important November 2024 case of Amazon.com Services LLC, the National Labor Relations Board (“NLRB” or “Board”) held employer “captive audience speeches” to be per se unlawful. The NLRB held that employer anti-union speeches of this kind, delivered on paid company time on company premises and which employees are required to attend, unlawfully intruded on employee privacy and autonomy. This Article critiques the NLRB’s recent Amazon.com decision from various perspectives. First, the NLRB, in its ruling, appears to ignore decades-long precedent in this area of the law, precedent that firmly upheld the “free speech” rights of employers to …

Dexit Averted ? Corporate (Re-)Domestication After Sb 21, Heyman Center On Corporate Governance

2025–2026 Flyers

No abstract provided.

Dexit Averted? Corporate (Re-)Domestication After Sb 21, Heyman Center On Corporate Governance, Gustavo Bruckner, Edward Rock, Eric Talley, Christopher Kupka, Philip Richter

2025 Event Invitations

Please join us for a panel discussion on the long-term impacts of Delaware Senate Bill 21 on corporate (re-)domestication.

Corporate lawyers know Delaware as the home of most of America’s corporations, due to its relatively favorable laws, competent courts, and robust precedent. In recent years, other states have shown ambitions to compete with Delaware as new havens for corporate existence. In response, Delaware Senate Bill 21 has aimed to fend off challenges, address disadvantages of Delaware’s established system, and reassert Delaware’s dominance. In a panel discussion with prominent attorneys and scholars of corporate governance, we will explore the long-term impact …

Sweat And Subjectivity Copyright Impulses, Danny Friedmann

Fordham Intellectual Property, Media and Entertainment Law Journal

Generative artificial intelligence (gAI) is generating vast vol- umes of content, including visual art with minimal human effort that competes directly with visual artists and threatens to dilute human culture in the process. In response, courts and copyright offices are quietly reintroducing two doctrines long considered incompatible with modern copyright: sweat of the brow, which rewards labor over originality, and aesthetic discrimination, which risks conditioning protection on perceived merit.

This article is the first to demonstrate how legal authorities are reintroducing these discredited doctrines under the guise of regulating AI-assisted outputs, thereby eroding the set of copyright doctrines accepted by …

Driving Together: The Necessity Of A Comprehensive Federal Response For The Success Of Autonomous Vehicles, Timothy Buff

Fordham Intellectual Property, Media and Entertainment Law Journal

Today’s world is full of promising yet controversial new technologies. Large Language Models (LLMs), such as OpenAI’s ChatGPT, have both promised fantastic results and generated a range of critiques. Quantum computing claims to be able to complete computations that would take traditional computers, even supercomputers, longer than the lifespan of the universe to complete. With such advancements, the future dreamed of in science fiction stories of the twentieth century seems to be becoming reality. Autonomous Vehicles (AVs) are another notable technology, which promise to ultimately remove any human responsibility, and hence any human error, from the process of driving a …

How Ftc Data Security Cases Inform The Development Of Legally Accountable Software, Jeff Kosseff, Ellis Fenske, Christopher Brown, Daniel S. Roche

Fordham Intellectual Property, Media and Entertainment Law Journal

Over the past two decades, the Federal Trade Commission has brought dozens of enforcement actions against companies for failing to adequately secure customers’ personal information. The actions typically result in a consent decree, in which the company agrees to improve its data security practices and provide the FTC with oversight of those improvements. When the FTC first brought data security cases, its orders generally required the companies to adopt “reasonable” data security programs. But a 2018 Eleventh Circuit opinion, LabMD v. FTC, requires the orders to contain far more specific data security requirements. In this Article, we conduct an in-depth …

Judicial Climate Governance: Corporate Purpose And The Courts, Hassan M. Ahmad, Ahmed R. Chowdhury

All Papers

With the existential threat of climate change, there is increased attention about the corporation's duty to maintain a healthy environment, particularly in light of the conventional shareholder primacy model of corporate purpose. This article proposes the idea of judicial climate governance. In the absence of robust legislative reforms that would obligate corporations to mitigate and even eliminate their inordinate climate impacts, in climate change litigation courts can and should render liability and compensation decisions that direct corporations towards a more stakeholder-friendly model of corporate purpose. To substantiate the need for judicial climate governance, this article canvasses and contextualizes the historical …

Vol. 69, No. 11 (November 10, 2025)

Indiana Law Annotated

No abstract provided.

All Bets Are On: Addiction, Prediction, Regulation, And The Future Of Financial Gambling, Sharon Rabinovitz, Nizan G. Packin

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article challenges traditional financial regulation by exploring how prediction markets—initially developed as sophisticated tools for collective forecasting—increasingly resemble gambling venues. These platforms, once designed to harness crowd wisdom, have transformed into high-stakes ecosystems where engage- ment-driven features blur the boundary between forecasting and betting. This evolution presents a dual challenge: on one hand, certain platforms, including regulated ones, offer innovative avenues for price discovery and risk hedging; on the other, their gamblified design exposes users to significant behavioral and financial risks.

Through comprehensive empirical analysis of gamblification and self-determination manipulation across five prediction market interfaces, this Article demonstrates how …

Where Did All The Genericide Cases Go? And Should They Be Gone For Good?, Daniela Camacho

Fordham Intellectual Property, Media and Entertainment Law Journal

Trademarks are all around us. It would be difficult to go an entire day without encountering a trademark—In fact, three-fourths of the words we use in our day-to-day conversations have been claimed as trademarks by various companies for various products. Often, we don’t even recognize all the marks we come across as trademarks. Words such as “aspirin,” “escalator,” and “trampoline” were all once trademarks. Over time, these words began to signify the product more than the producer; Because the marks could no longer identify the product’s source as trademarks are supposed to, the marks suffered “genericide” and were cancelled.

In …

Getting To Know Tax Law: A Conversation With Professors And Practitioners, Cardozo Tax Law Society

2025–2026 Flyers

No abstract provided.

Cardozo Entertainment Law Conference, Cardozo Dispute Resolution Competition Honor Society (Cdrchs), Cardozo Entertainment Law Society, Cardozo Fame Center

2025–2026 Flyers

No abstract provided.

All The World’S A Stage (And It Needs Lawyers), Cardozo Entertainment Law Society, Cardozo Fame Center, Cardozo Dispute Resolution Competition Honor Society (Cdrchs), Jams

2025–2026 Flyers

No abstract provided.

Is The Game Rigged? Why Sports Betting Is Becoming A Legal Time Bomb, Lawrence Kirzhner

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The International Olympic Committee defines “competition manipulation” as “when the result of a tournament or competition is partially or completely decided in advance and the match is played to ensure the pre-determined outcome.” Considering the Olympics hosts 43 sports, this definition can probably be applied to many, if not all, sports around the globe. While it is against the rules of sportsmanship as well as against the law, athletes “who bet on their sport might be tempted to fully or partially manipulate their competition in order to receive financial gain.” The sports world has experienced many scandals of manipulated competition …

Ndls Communicator: Week Of 11.10.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Honors Two Alumni at Annual Rev. David T. Link Public Interest Banquet
• U.S. Senate confirms Notre Dame Law School alumnus Joshua Dunlap as federal judge
• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging court to safeguard religious expression in public life

Faculty Briefs

• Patrick Corrigan
• Carsten Gerner-Beuerle
• Fr, Pat Reidy, C.S.C.
• Diane Desierto
• Mary Ellen O'Connell
• Paul Miller
• Christine Venter
• Emily Bremer
• Rick Garnett
• Mark Hill KC
• John Meiser
• Jorge Barrera Rojas

Events

• Appeals on Wheels: The Indiana Court of Appeals
• Law & Economics Workshop: Insider Trading Spillover
• Faculty Colloquium: …

Mmu: 11/10/25-11/16/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Law School News: Rwu Law And University Of Lisbon Forge Academic Partnership To Expand Global Legal Learning 11-9-2025, Helgar Melgar

Life of the Law School (1993- )

No abstract provided.

The 1935 Nazi Nuremberg Laws In Historical And Legal Context, Menachem Z. Rosensaft

Cornell Law Faculty Working Papers

The core ideology of Hitler Germany — of the Third Reich — was the hardcore, unremittent antisemitism that in short order permeated German society and the German legal system before creating the necessary conditions for the genocide of all Jews under Nazi control.

Two preliminary observations. First, should we view the 1935 Nuremberg laws and other German anti-Jewish laws and measures of the 1930s as the first stages of a process designed culminate in the annihilation of Jews, or were they drafted and enacted by individuals who, at that point in time, were not envisioning a “Final Solution of the …

Data Property & Digital Sales, Christina Mulligan

Loyola of Los Angeles Law Review

Copyright law fails utterly to develop a coherent concept of "digital sales." Printed books and vinyl records are easily sold and resold, with the copyright holder’s permission or under the first sale doctrine. But a creator of digital copyrighted works who wants to analogously “sell” their work to buyers faces what borders on an absurdity; “digital sales” of copyrighted works are incoherent at worst and useless at best. As a result, sophisticated copyright owners almost never sell their works and only license purchasers to make particular uses of digital works, such as “personal uses” or reproducing the work on a …

Presidential Power And Administrating Injustice In Removal Proceedings, Beth K. Zilberman

Loyola of Los Angeles Law Review

Presidential regime changes often lead to notable shifts in federal policy and raise important questions about how the executive branch manages high-volume adjudication systems within the broader administrative state. While managing an enormous caseload, federal mass-adjudication systems make determinations concerning individuals’ disputes with the government across various subject areas that disproportionately affect disadvantaged populations. The outcomes of these adjudication systems have profound impacts on the lives of vulnerable individuals compelled to appear before these administrative tribunals. The scale and life-altering consequences of these adjudications highlight the need for a deeper examination of the procedural protections afforded by agencies to some …

Predicting An Uncertain Future: Conservation Easements And The Difficulties Created By Speculative Valuations, Travis L. Strickler

Kentucky Law Journal

No abstract provided.

The Cost Of Our Constitutional Rights: An Examination Of Prison Medical Treatment For Hepatitis-C, M. Abigail Schueler

Kentucky Law Journal

No abstract provided.

The Interpretive Foundations Of Arbitrary Or Capricious Review, Alexander Mechanick

Kentucky Law Journal

No abstract provided.

Crony Stakeholder Capitalism, Stefan J. Padfield

Kentucky Law Journal

No abstract provided.

Age Is More Than Just A Number: A Legal And Ethical Defense Of Age-Based Triage Protocols, Jessica Mantel

Kentucky Law Journal

No abstract provided.

The Solutions Lies In Prevention: How Implementing Preventative Human Trafficking Education Into Public High Schools Is The Key To Abolishing Human Trafficking, Rachael Beller

Kentucky Law Journal

No abstract provided.

Equality Can Stick With Bostock: A Call To Expand The Equal Protection Clause To Include Discrimination Against Transgender People's Bathroom Usage, Jackson B. Hurst-Sanders

Kentucky Law Journal

No abstract provided.

Art, Antiquities, And Money Laundering, Derek Fincham

Kentucky Law Journal

No abstract provided.