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Full-Text Articles in Law

An Introduction To American Legal Realism, Noah Hornberger May 2024

An Introduction To American Legal Realism, Noah Hornberger

Northwestern Law Journal des Refusés

No abstract provided.


An Old-Fashioned Bluebook Burning, Paul Gowder May 2024

An Old-Fashioned Bluebook Burning, Paul Gowder

Northwestern Law Journal des Refusés

No abstract provided.


Foreword, Caroline Faye Radell, Udhanth Mallasani May 2024

Foreword, Caroline Faye Radell, Udhanth Mallasani

Northwestern Law Journal des Refusés

No abstract provided.


“Fruit From A Poisonous Tree”? Constituting Logics Of Law Enforcement Phlebotomy, Anne Johnson May 2024

“Fruit From A Poisonous Tree”? Constituting Logics Of Law Enforcement Phlebotomy, Anne Johnson

Student Research Symposium

In at least 17 states in the United States, police are drawing blood from drivers they suspect of impairment. Despite concerns about civil rights, ethics of consent in custody, and use of force, law enforcement phlebotomy (LEP) remains critically understudied. Through 27 in-depth, semi-structured interviews with police phlebotomists and LEP program officials from 10 states, this study begins to fill that gap, asking: What are the logics of law enforcement phlebotomy? Constituting these logics–as articulated by police–are beliefs about both policing and phlebotomy, and officers’ motivations in the fight against impaired driving. This article assesses how the logics of law …


Brotherhood Or Bloodshed?: The Deprivation Of Human Rights Through Hazing Rituals, Emma Kalucki May 2024

Brotherhood Or Bloodshed?: The Deprivation Of Human Rights Through Hazing Rituals, Emma Kalucki

Immigration and Human Rights Law Review

Hazing has claimed the lives of hundreds of victims and is inflicted upon thousands more each year. Governments worldwide have worked to create laws prohibiting hazing and punishing those who inflict abuse upon others. But they have not worked hard enough.This article explores the human rights violations normalized through the continued, widespread practice of hazing. It first dives into the history of hazing practices within the United States, Portugal, and Thailand, focusing on hazing occurring within universities and affiliated organizations. Next, through an examination of national and international laws, this article criticizes the lack of each respective government’s action to …


Climate Change And Environmental Crises In Coastal Cities: Charleston Vs New York City, Nolan Rodriguez May 2024

Climate Change And Environmental Crises In Coastal Cities: Charleston Vs New York City, Nolan Rodriguez

Student Theses 2015-Present

This paper addresses the increasing vulnerability that coastal communities face regarding climate crises and rising sea levels. Specifically, this paper investigates the environmental crises facing Charleston, South Carolina, and New York City. The geographical location of these cities places a more severe threat upon their environment, as opposed to urban collectives removed from the immediate effect of rising sea levels. A cross-examination of politics and economics is discussed in order to determine the causal relationship of each city’s engagement with its surrounding environment. This paper examines how each city is affected by climate change, what measures are in place to …


Emotion Regulation Strategies And Perceived Emotional Intelligence: The Effect Of Age., Iwanna Sepiadou May 2024

Emotion Regulation Strategies And Perceived Emotional Intelligence: The Effect Of Age., Iwanna Sepiadou

Adultspan Journal

The aim of this study was to investigate the relationship between perceived emotional intelligence and the reported use of cognitive reappraisal and expressive suppression. We also investigated the possible effects of age on the aforementioned variables. The total sample consisted of 379 people (158 men, 220 women, 1 unreported). Across participants, 273 were young (20-39 years old) and 106 were middle-aged (40-65 years old). We found statistically significant positive correlations between the dimensions of perceived emotional intelligence and the reported use of cognitive reappraisal and negative primarily correlations between the dimensions of perceived emotional intelligence and the reported use of …


Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson May 2024

Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson

Honors College Theses

Liberation movements for Black people have been prominent throughout American history. Chattel slavery and Jim Crow laws caused centuries of anti-black oppression. They continuously evolved into other anti-black structures – mass incarceration, predatory loan companies, and healthcare inequalities, to name a few – that require us to address these issues still today. The most recent Black liberation movement, Black Lives Matter, experienced a brief uptick in support after George Floyd’s murder but, overall, failed to address these issues. This thesis outlines three approaches to Black liberation in the U.S. to determine the most effective. First, drawing on Frederick Douglass’ autobiographies, …


Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese May 2024

Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese

Genocide Studies and Prevention: An International Journal

In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of …


Improving Ethics Surrounding Collegiate-Level Hacking Education: Recommended Implementation Plan & Affiliation With Peer-Led Initiatives, Shannon Morgan, Dr. Sanjay Goel May 2024

Improving Ethics Surrounding Collegiate-Level Hacking Education: Recommended Implementation Plan & Affiliation With Peer-Led Initiatives, Shannon Morgan, Dr. Sanjay Goel

Military Cyber Affairs

Cybersecurity has become a pertinent concern, as novel technological innovations create opportunities for threat actors to exfiltrate sensitive data. To meet the demand for professionals in the workforce, universities have ramped up their academic offerings to provide a broad range of cyber-related programs (e.g., cybersecurity, informatics, information technology, digital forensics, computer science, & engineering). As the tactics, techniques, and procedures (TTPs) of hackers evolve, the knowledge and skillset required to be an effective cybersecurity professional have escalated accordingly. Therefore, it is critical to train cyber students both technically and theoretically to actively combat cyber criminals and protect the confidentiality, integrity, …


Using Digital Twins To Protect Biomanufacturing From Cyberattacks, Brenden Fraser-Hevlin, Alec W. Schuler, B. Arda Gozen, Bernard J. Van Wie May 2024

Using Digital Twins To Protect Biomanufacturing From Cyberattacks, Brenden Fraser-Hevlin, Alec W. Schuler, B. Arda Gozen, Bernard J. Van Wie

Military Cyber Affairs

Understanding of the intersection of cyber vulnerabilities and bioprocess regulation is critical with the rise of artificial intelligence and machine learning in manufacturing. We detail a case study in which we model cyberattacks on network-mediated signals from a novel bioreactor, where it is important to control medium feed rates to maintain cell proliferation. We use a digital twin counterpart reactor to compare glucose and oxygen sensor signals from the bioreactor to predictions from a kinetic growth model, allowing discernment of faulty sensors from hacked signals. Our results demonstrate a successful biomanufacturing cyberattack detection system based on fundamental process control principles.


Characterizing Advanced Persistent Threats Through The Lens Of Cyber Attack Flows, Logan Zeien, Caleb Chang, Ltc Ekzhin Ear, Dr. Shouhuai Xu May 2024

Characterizing Advanced Persistent Threats Through The Lens Of Cyber Attack Flows, Logan Zeien, Caleb Chang, Ltc Ekzhin Ear, Dr. Shouhuai Xu

Military Cyber Affairs

Effective cyber defense must build upon a deep understanding of real-world cyberattacks to guide the design and deployment of appropriate defensive measures against current and future attacks. In this abridged paper (of which the full paper is available online), we present important concepts for understanding Advanced Persistent Threats (APTs), our methodology to characterize APTs through the lens of attack flows, and a detailed case study of APT28 that demonstrates our method’s viability to draw useful insights. This paper makes three technical contributions. First, we propose a novel method of constructing attack flows to describe APTs. This abstraction allows technical audiences, …


Machine Learning Security For Tactical Operations, Dr. Denaria Fields, Shakiya A. Friend, Andrew Hermansen, Dr. Tugba Erpek, Dr. Yalin E. Sagduyu May 2024

Machine Learning Security For Tactical Operations, Dr. Denaria Fields, Shakiya A. Friend, Andrew Hermansen, Dr. Tugba Erpek, Dr. Yalin E. Sagduyu

Military Cyber Affairs

Deep learning finds rich applications in the tactical domain by learning from diverse data sources and performing difficult tasks to support mission-critical applications. However, deep learning models are susceptible to various attacks and exploits. In this paper, we first discuss application areas of deep learning in the tactical domain. Next, we present adversarial machine learning as an emerging attack vector and discuss the impact of adversarial attacks on the deep learning performance. Finally, we discuss potential defense methods that can be applied against these attacks.


Securing The Void: Assessing The Dynamic Threat Landscape Of Space, Brianna Bace, Dr. Unal Tatar May 2024

Securing The Void: Assessing The Dynamic Threat Landscape Of Space, Brianna Bace, Dr. Unal Tatar

Military Cyber Affairs

Outer space is a strategic and multifaceted domain that is a crossroads for political, military, and economic interests. From a defense perspective, the U.S. military and intelligence community rely heavily on satellite networks to meet national security objectives and execute military operations and intelligence gathering. This paper examines the evolving threat landscape of the space sector, encompassing natural and man-made perils, emphasizing the rise of cyber threats and the complexity introduced by dual-use technology and commercialization. It also explores the implications for security and resilience, advocating for collaborative efforts among international organizations, governments, and industry to safeguard the space sector.


Commercial Enablers Of China’S Cyber-Intelligence And Information Operations, Ethan Mansour, Victor Mukora May 2024

Commercial Enablers Of China’S Cyber-Intelligence And Information Operations, Ethan Mansour, Victor Mukora

Military Cyber Affairs

In a globally commercialized information environment, China uses evolving commercial enabler networks to position and project its goals. They do this through cyber, intelligence, and information operations. This paper breaks down the types of commercial enablers and how they are used operationally. It will also address the CCP's strategy to gather and influence foreign and domestic populations throughout cyberspace. Finally, we conclude with recommendations for mitigating the influence of PRC commercial enablers.


Decoding Cryptocurrency Taxes: The Challenges For Estate Planners, Max Angel May 2024

Decoding Cryptocurrency Taxes: The Challenges For Estate Planners, Max Angel

Duke Law & Technology Review

In this article, Angel explores the unique challenges of estate planning with cryptocurrency, which include accurately valuing those assets, preserving their value, and addressing the complex tax implications of transferring cryptocurrency to heirs.


Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak May 2024

Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak

Honors Thesis

In light of recent administrative developments urging the classification of student-athletes as employees, litigation challenging the current status of student-athletes, and the Supreme Court’s willingness to tackle National Collegiate Athletic Association (NCAA) issues, many questions surrounding the future of college sports under an employment model have emerged. The authors analyzed key litigation, recent developments from administrative agencies, and academic literature. Then publicly available data was used from the NCAA, the United States Department of Labor (DOL), and other sources to construct two estimates of what it would cost the NCAA member institutions to treat their Division I athletes as employees. …


Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence, Katie Yoder May 2024

Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence, Katie Yoder

Honors Projects

The U.S. Supreme Court first recognized Substantive Due Process (“SDP”) in the early twentieth century. In Lochner v. New York, the Court established that there are certain unenumerated rights that are implied by the Fourteenth Amendment.Though SDP originated in a case about worker’s rights and liberties, it quickly became relevant to many cases surrounding personal intimate decisions involving health, safety, marriage, sexual activity, and reproduction.Over the past 60 years, the Court relied upon SDP to justify expanding a fundamental right to privacy, liberty, and the right to medical decision making. Specifically, the court applied these concepts to allow for freedoms …


Finding A “Rational Relation”: Balancing Whistleblower Incentives And Doj Discretion Under The False Claims Act, Denisa Zobeideh May 2024

Finding A “Rational Relation”: Balancing Whistleblower Incentives And Doj Discretion Under The False Claims Act, Denisa Zobeideh

DePaul Law Review

No abstract provided.


Taking The “Forever” Out Of “Forever Chemicals”: How The Epa’S Proposed Rule To Label Two Additional Pfas Chemicals As “Hazardous Substances” Under Cercla Will Increase The Success Of Plaintiffs, Rachel K. Strieber May 2024

Taking The “Forever” Out Of “Forever Chemicals”: How The Epa’S Proposed Rule To Label Two Additional Pfas Chemicals As “Hazardous Substances” Under Cercla Will Increase The Success Of Plaintiffs, Rachel K. Strieber

DePaul Law Review

No abstract provided.


Compensability Of Law Enforcement Officers’ Suicide Under The Illinois Workers’ Compensation Act, Peter J. Nickell May 2024

Compensability Of Law Enforcement Officers’ Suicide Under The Illinois Workers’ Compensation Act, Peter J. Nickell

DePaul Law Review

No abstract provided.


Hate Speech, Insurrections, And Fake News: “No Problems Here,” Says The Fifth Circuit: A Split On Free Speech And Content Moderation, Hailey Limbrick May 2024

Hate Speech, Insurrections, And Fake News: “No Problems Here,” Says The Fifth Circuit: A Split On Free Speech And Content Moderation, Hailey Limbrick

DePaul Law Review

No abstract provided.


To Say Or Not To Say: Proposed Admissibility Standards For Secret Workplace Recordings By Employees, Marc Chase Mcallister May 2024

To Say Or Not To Say: Proposed Admissibility Standards For Secret Workplace Recordings By Employees, Marc Chase Mcallister

DePaul Law Review

No abstract provided.


New York Times V. Sullivan At 60: Where Does Defamation Law Go Now?, John Bruce Lewis, Bruce L. Ottley May 2024

New York Times V. Sullivan At 60: Where Does Defamation Law Go Now?, John Bruce Lewis, Bruce L. Ottley

DePaul Law Review

No abstract provided.


Letter From The Editor, Matthew T. Messina May 2024

Letter From The Editor, Matthew T. Messina

DePaul Law Review

No abstract provided.


Table Of Contents May 2024

Table Of Contents

DePaul Law Review

No abstract provided.


Presidential Influence On The Bureaucracy: The Curious Case Of Lina Khan, Nickolas Remish May 2024

Presidential Influence On The Bureaucracy: The Curious Case Of Lina Khan, Nickolas Remish

Student Research Submissions

How effective can a president be in promoting his or her policies through the bureaucracy? Most theories postulate the president has influence – via appointees, budgeting, and executive orders. This paper unpacks the president’s influence on the bureaucracy by analyzing President Biden’s effect on antitrust, particularly with regards to addressing labor concerns. Biden appears to depart from previous presidential administrations due to his heightened emphasis on labor’s need for protection and antitrust law as the optimal vehicle for helping workers. The data, pulled from federal and state court antitrust cases since 2000, relies on textual analysis with regards to the …


State Antitrust Enforcement: Politics Or Economics?, Nickolas Remish May 2024

State Antitrust Enforcement: Politics Or Economics?, Nickolas Remish

Student Research Submissions

Antitrust enforcement on the federal level has clear partisan influences; Democrats usually support expansive enforcement regimes while Republicans oppose them. On the state level, the ideological divide appears muddled. State attorneys general, who are mostly elected officials, are responsible for initiating lawsuits. This study seeks to determine whether state attorneys general mirror their federal counterpart in enforcing antitrust law on a partisan basis or whether unique state variables such as economic factors overwhelm ideological motivations. Public choice theory dictates politicians prioritize re-election and will adhere to constituent interest, thus providing the theoretical foundation for why politicians may tailor antitrust enforcement …


Community Leadership For Healthy Lakes In New York, Nicholas A. Robinson May 2024

Community Leadership For Healthy Lakes In New York, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This is the text of a speech given at the 2024 New York State Federation of Lake Associations annual conference on May 3, 2024 in Lake George, New York.


Exploring Possibility Under Constraint: A Human Rights Approach To Higher Education In Connecticut’S Prisons And Jails, Emma Hersom May 2024

Exploring Possibility Under Constraint: A Human Rights Approach To Higher Education In Connecticut’S Prisons And Jails, Emma Hersom

Senior Theses and Projects

This thesis investigates the landscape of higher education in prison (HEP) programs in Connecticut, aiming to evaluate their efficacy in ensuring a genuine right to education for incarcerated individuals. Through a comprehensive exploration grounded in human rights principles and informed by abolitionist perspectives, the research scrutinizes the availability, accessibility, acceptability, and adaptability of these programs. Drawing on insights from incarcerated students, program leaders, and existing scholarship, it delves into the intersection of education and incarceration, challenging prevailing neoliberal narratives. Furthermore, the thesis proposes actionable strategies for everyday abolition, emphasizing the need to dismantle carceral cultures and foster transformative approaches to …