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Articles 3481 - 3510 of 220921
Full-Text Articles in Entire DC Network
Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam
Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam
Indonesian Journal of International Law
The multilateral frameworks governing the recognition and enforcement of arbitral awards, such as the 1958 New York Convention, along with the domestic laws of most states, are generally designed to promote the efficient enforcement of foreign arbitral awards. However, practical experience reveals inconsistencies in its application. While many states adhere to international principles, some - despite being signatories to the Convention - have exploited the broad concept of public policy to unjustifiably refuse enforcement within their jurisdictions. Conversely, other states have adopted a more restrictive approach, limiting the public policy exception to ensure predictability in enforcement. This article focuses on …
Demanding More From Distance Learning: The Virtual & Democratized Futures Of Legal Education, Antonio M. Coronado, Gabriela Elizondo-Craig
Demanding More From Distance Learning: The Virtual & Democratized Futures Of Legal Education, Antonio M. Coronado, Gabriela Elizondo-Craig
Seattle University Law Review Online
Antonio M. Coronado and Gabriela Elizondo-Craig examine the transformative potential of online legal education through their work at Innovation for Justice, where they lead virtual legal training programs for community-based justice workers. They trace the development and limitations of ABA Standard 306, highlighting how the COVID-19 pandemic exposed both the rigidity of traditional legal education and the possibilities of technology-enabled learning. Drawing on adult education theory and best practices in online pedagogy, Coronado and Elizondo-Craig challenge prevailing critiques of distance legal education and advocate for a learner-centered, accessible, and inclusive model. Their experience demonstrates how online legal education, when intentionally …
Lessons Learned: Luis Jácome, Mercedes Cardona
Lessons Learned: Luis Jácome, Mercedes Cardona
Journal of Financial Crises
Luis Jácome was appointed president of the board of Ecuador’s central bank in 1998 by newly elected President Jamil Mahuad. He and other members of the board resigned in 1999 in protest against a number of crisis-intervention measures they saw as threatening the bank’s independence to set monetary policy. Since the 1970s, Ecuador’s economy had experienced a period of growth fueled by oil exports, but by the mid-1990s the economy was reeling from a series of shocks, among them: a sharp drop in the price of oil, the effects of severe flooding on the country’s agricultural production, and the cost …
Lessons Learned: Benoît Cœuré, Mercedes Cardona
Lessons Learned: Benoît Cœuré, Mercedes Cardona
Journal of Financial Crises
Benoît Cœuré held several positions in the French Treasury in the years leading to the Global Financial Crisis (GFC). He was an economic adviser to the director general of the French Treasury from 1997–2002, deputy chief executive and chief executive of the French debt management office from 2002–2007, and assistant secretary for multilateral affairs, trade, and development from 2007–2009. He served as chief economist and deputy director general in 2009–2011. He joined the European Central Bank (ECB) during the European Sovereign debt Crisis and was responsible for market operations, market infrastructure supervision and European and international relations as a member …
Lessons Learned: Miguel Carcaño, Mercedes Cardona
Lessons Learned: Miguel Carcaño, Mercedes Cardona
Journal of Financial Crises
During the Global Financial Crisis (GFC), Miguel Carcaño served as head of the Spanish Treasury’s Fund for Orderly Bank Restructuring, the authority in charge of managing the restructuring process of the country’s credit institutions. The fund, known today as the Spanish Executive Resolution Authority, is integrated into the European network led by the Single Resolution Board (SRB) of the European Union’s banking union. Carcaño has held a number of posts within the SRB and in 2022 became head of the Single Resolution Fund, the SRB’s emergency fund, which serves as backstop for institutions across the banking union’s 21 countries.
Lessons Learned: Mark Branson, Mercedes Cardona
Lessons Learned: Mark Branson, Mercedes Cardona
Journal of Financial Crises
Mark Branson joined the Swiss Financial Market Supervisory Authority (FINMA) as head of the banking division in 2010, during the European Sovereign Debt Crisis. He became deputy director of FINMA in 2013 and was named director a year later. Although Switzerland is not a member of the European Union (EU) or its banking union, the nation participates in bilateral agreements that govern trade with the EU, its largest trading partner. In the wake of the Global Financial Crisis (GFC), it enacted a number of regulations to improve oversight of the financial sector. Branson left FINMA in 2021 to become head …
United States: Rhode Island Limited Bank Holiday, 1991, Ayodeji George, Sophia Alden
United States: Rhode Island Limited Bank Holiday, 1991, Ayodeji George, Sophia Alden
Journal of Financial Crises
In 1990, the Rhode Island Share and Deposit Indemnity Corporation (RISDIC) was a private mutual deposit insurance corporation funded by member institutions. Late that year, after the failures of two of its insured institutions in July and October, other RISDIC member institutions faced large depositor withdrawals, as concerns began to focus on the financial health of RISDIC itself. RISDIC had maintained inadequate reserves, and on December 31, 1990, it found itself lacking the resources to cover depositor withdrawals from member institutions. RISDIC leadership requested a state-appointed conservator, which meant that all its member institutions no longer had the deposit insurance …
Survey Of Bank Holidays And Fund Suspensions, Rosalind Z. Wiggins, Owen Heaphy, Anmol Makhija, Stella Schaefer-Brown, Greg Feldberg, Andrew Metrick
Survey Of Bank Holidays And Fund Suspensions, Rosalind Z. Wiggins, Owen Heaphy, Anmol Makhija, Stella Schaefer-Brown, Greg Feldberg, Andrew Metrick
Journal of Financial Crises
In this paper, we analyze seven case studies involving bank holidays and two involving mutual fund suspensions produced by the Yale Program on Financial Stability. Our main purpose is to assist policymakers who are considering utilizing a bank holiday in designing the most effective program as efficiently as possible. We find that a bank holiday may be most useful when designing and implementing a comprehensive remedy to an underlying problem distressing banks, particularly when an exogenous shock rather than balance sheet weaknesses is the cause of general distress to the system. A holiday is also useful to “ring-fence” one or …
Bilansowanie Handlowe W Świetle Nowych Regulacji – Aspekty Cywilnoprawne, Tadeusz Zieliński
Bilansowanie Handlowe W Świetle Nowych Regulacji – Aspekty Cywilnoprawne, Tadeusz Zieliński
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Commercial balancing and the role of the balance responsible party, as one of the basic elements of the electricity market, do not raise practical doubts among market participants, in particular those carrying out related tasks. At the same time, said institutions, and the regulations that concern them, have not been the subject of a more extensive discussion in legal terms. The consequence of this state of affairs was the formation of misconceptions among both entities acting on the electricity market and the energy regulator, regarding the subject matter of commercial balancing, the capacity in which the balance responsible party operates, …
Robbing The Cradle: Georgia's Battle To Enact "Raise The Age" Legislation Through Hb 462, Elizabeth Hammond
Robbing The Cradle: Georgia's Battle To Enact "Raise The Age" Legislation Through Hb 462, Elizabeth Hammond
Georgia Criminal Law Review
In the state of Georgia, seventeen-year-olds are not old enough under the law to vote or consume alcohol and tobacco products. Despite this, they are old enough to be criminally tried as adults. Georgia is one of three states that continues to process seventeen-year-old juvenile offenders through the criminal justice system instead of juvenile court. In September 2023, forty-five juveniles were prosecuted as adults and incarcerated in Georgia prisons. This is significant because juvenile offenders experience better outcomes when they are processed through the juvenile court system because juvenile courts account for a youth’s “naturally high capacity for change and …
The Shadow Pandemic: The Response To Domestic Violence In The Wake Of Covid-19 And What We Can Carry Forward, Presley Sneed
The Shadow Pandemic: The Response To Domestic Violence In The Wake Of Covid-19 And What We Can Carry Forward, Presley Sneed
Georgia Criminal Law Review
When the COVID-19 virus brought the pandemic to the United States in March of 2020, the legal system was not prepared for the increase in domestic and intimate partner violence that would follow. The United Nations (UN) later identified this social phenomenon as a second pandemic, a “shadow pandemic” that resulted from an increase in stay-at-home orders and a decrease in support services for victims. By the end of 2021, forty-five percent of women globally reported either they themselves or a woman they know had experienced some form of domestic or intimate partner violence since the emergence of COVID-19. One …
Time To Put Down Iq Testing: Analyzing The Unreliability Of Iq Testing In Capital Offenses, Nik Giyanani
Time To Put Down Iq Testing: Analyzing The Unreliability Of Iq Testing In Capital Offenses, Nik Giyanani
Georgia Criminal Law Review
Georgia sentences individuals with intellectual disability (“ID”) to death at an alarming rate. As a result, Georgia has likely executed individuals with ID in violation of the United States Constitution already. These unjust executions are a result of the impossibly high “beyond a reasonable doubt” burden of proof that capital defendants in only Georgia must meet to prove they are intellectually disabled. One large hurdle for defendants attempting to meet this standard is the unreliability of IQ testing. IQ testing, a soft science, provides inconsistent results due to ever-changing variables in the testing process. Additionally, the generally accepted threshold IQ …
The Confined Life: Restrictions On Post-Conviction Sex Offenders Meets Habeas Corpus's "In Custody" Requirement, Christian Futch
The Confined Life: Restrictions On Post-Conviction Sex Offenders Meets Habeas Corpus's "In Custody" Requirement, Christian Futch
Georgia Criminal Law Review
Clements v. Florida is a recent Eleventh Circuit decision holding that the court could not hear the habeas petition of a post-conviction sex offender in Florida since he failed to meet the “in custody” requirement for filing a habeas petition. However, the Eleventh Circuit did not consider the land restrictions in place against the petitioner and other sex offenders in Florida. This decision may leave sex offenders without an avenue to challenge the restrictions in place against them. Such restrictions have led to homelessness and poverty leaving sex offenders with no place to work or live, in poverty, as outcasts …
Misreading The Federal Child Pornography Statutes, Owen Senders
Misreading The Federal Child Pornography Statutes, Owen Senders
Georgia Criminal Law Review
For the past 40 years, federal courts have committed two grievous textual errors in interpreting the federal child-pornography statutes and sentencing guidelines. These errors have caused hundreds of wrongful convictions—many the bases for decades-long sentences—and have produced a body of caselaw that is profoundly incoherent and in direct conflict with basic tenets of First Amendment doctrine. They have also likely endangered children. This article identifies these errors, surveys their consequences, and suggests legal arguments for people charged or convicted under the child-pornography statutes.
The first error impacts the application of all of the federal child-pornography statutes and sentencing guidelines. These …
Directing Unconstitutional Verdicts: When Judges Become Jurors On Self-Defense, Anjali Pathmanathan
Directing Unconstitutional Verdicts: When Judges Become Jurors On Self-Defense, Anjali Pathmanathan
Georgia Criminal Law Review
The right to self-defense is one of the oldest and most universal concepts in Anglo-American criminal law and criminal procedure. Under this defense, an accused person, who honestly believed that using force was necessary to protect themself from imminent danger, did nothing criminal even if another person was harmed as a result. To assert self-defense at trial, however, the accused must admit to intentionally committing the forceful acts alleged to explain how they only used such force to save themself from immediate harm. Once an accused has made such a grave admission, the jury must consider whether the force was …
Filling The Sackett Gap: The Private Governance Option, Michael P. Vandenbergh, Elodie O. Currier Stoffel, Steph Tai
Filling The Sackett Gap: The Private Governance Option, Michael P. Vandenbergh, Elodie O. Currier Stoffel, Steph Tai
Minnesota Law Review Vols. 106:2 onward (2021-present)
The Supreme Court’s decision in Sackett v. EPA reversed fifty years of federal Clean Water Act wetlands protections and removed federal oversight from roughly half of the wetlands in the United States. This Article proposes a viable new conceptual model and tools to close the Sackett Gap—the gap between the wetlands protected before and after Sackett. Scholars have argued for federal measures to fill the Sackett Gap, but these actions face substantial challenges. Congress is unlikely to adopt new wetlands legislation, agencies are constrained by Sackett’s expansive language, the end of Chevron deference, and the 2024 presidential election, and lower …
The Four Horseman Of The New Separation Of Powers: The Environmental Law Implications Of West Virginia, Sackett, Loper Bright, And Corner Post, Erin Ryan
Minnesota Law Review Vols. 106:2 onward (2021-present)
This Article explores how several of the Supreme Court’s most recent environmental decisions—West Virginia v. EPA, Sackett v. EPA, and Loper Bright v. Raimondo—will shift the constitutional balance of power, and how the polity might respond. Under the pretense of safeguarding legislative power, they consolidate judicial power to decide regulatory issues formerly delegated by the legislature to executive agencies. In so doing, the Court weakened specific environmental laws protecting air, water, and fisheries but also regulatory governance more broadly, by rejecting implementing regulations until Congress acts to specifically authorize them. Corner Post v. Federal Reserve furthers the deregulatory project by …
The Bogeyman Of Environmental Regulation: Federalism, Agency Preemption, And The Roberts Court, Kamaile A.N. Turčan
The Bogeyman Of Environmental Regulation: Federalism, Agency Preemption, And The Roberts Court, Kamaile A.N. Turčan
Minnesota Law Review Vols. 106:2 onward (2021-present)
In a trio of environmental cases—West Virginia v. EPA, Sackett v. EPA, and Loper Bright v. Raimondo—the Roberts Court curtailed the federal regulatory power and produced corresponding deregulatory outcomes under seemingly neutral legal principles. This Article interrogates the doctrinal coherency of the Roberts Court’s jurisprudence by applying the rationales of these cases to climate change litigation. Climate change policies advanced by state and local governmental plaintiffs represent the inverse of what the Court has previously rejected. The regulatory burdens arise under state, not federal, law. In this analysis, the Article advances a previously undertheorized aspect of the trio’s combined effect: …
The Impact Of Loper Bright V. Raimondo: An Empirical Review Of The First Six Months, Robin Kundis Craig
The Impact Of Loper Bright V. Raimondo: An Empirical Review Of The First Six Months, Robin Kundis Craig
Minnesota Law Review Vols. 106:2 onward (2021-present)
One of the most impactful decisions of the U.S. Supreme Court’s 2023–2024 term was Loper Bright Enterprises v. Raimondo, which overruled the forty-year-old administrative law doctrine of Chevron deference. This doctrine allowed federal agencies to interpret ambiguities in the statutes that they administer. Courts cited Chevron over 18,000 times in its forty-year existence, or roughly 450 times a year—more than once a day, on average. Small wonder, then, that in the first six months after the Supreme Court decided Loper Bright, courts cited it more than 400 times. This article provides an empirical review of what courts are doing with …
Throughput Of Ascon Compared With Popular Iot Encryption Algorithms, Mitchel R. Harvey (Ryan), Andrew M. Kaiser, Garrett W. Hoiness
Throughput Of Ascon Compared With Popular Iot Encryption Algorithms, Mitchel R. Harvey (Ryan), Andrew M. Kaiser, Garrett W. Hoiness
Military Cyber Affairs
No abstract provided.
Anomaly Detection Of Network Layer Attacks Against Cyber Physical Systems Using Machine Learning And Deep Learning Techniques, James Alger, Michael Tu
Anomaly Detection Of Network Layer Attacks Against Cyber Physical Systems Using Machine Learning And Deep Learning Techniques, James Alger, Michael Tu
Military Cyber Affairs
This research paper presents the analysis of using machine learning and deep learning algorithms on detecting anomalous network traffic in Cyber-Physical Systems (CPS). Using a real PLC CPS-based system, normal and anomalous network traffic will be captured using Wireshark. The research analyzes a DDoS attack. The focus of the research is to identify the most effective feature combinations and evaluate them on ML and DL models. The emphasis is on enhancing detection strategies rather than exploiting device vulnerabilities. The detection of network attacks often involves handling a vast array of high-level features. Previous studies (Li & Chasaki, 2022) apply machine …
The Digital Battlefield: Safeguarding Military Drones Against Cyberattacks, Jason Ashong, Arun Venkitanarayanan, Benjamin Yankson
The Digital Battlefield: Safeguarding Military Drones Against Cyberattacks, Jason Ashong, Arun Venkitanarayanan, Benjamin Yankson
Military Cyber Affairs
The Internet of Battlefield Things (IoBT) is an advanced network of interconnected devices that significantly enhance military operations through real-time data exchange and situational awareness. While IoBT offers tactical advantages like improved surveillance, reconnaissance, and operational effectiveness, it also introduces substantial cybersecurity risks. Adversaries can exploit vulnerabilities within these networks, potentially compromising mission integrity and national security. This research examines the cybersecurity measures of commercial drone controllers and their correlation with military devices. It aims to enhance future vulnerability assessments with advanced tools and approaches to better secure critical military operations. The study highlights the need for robust security architectures …
Using Blockchain Technology To Help Secure America's Defense Critical Infrastructure, Vimal Buck, Aerin Krebs, Brynn Hillard, Jakob Gerha, Joseph Lutma, Srikar Maduposu, Ted Allen
Using Blockchain Technology To Help Secure America's Defense Critical Infrastructure, Vimal Buck, Aerin Krebs, Brynn Hillard, Jakob Gerha, Joseph Lutma, Srikar Maduposu, Ted Allen
Military Cyber Affairs
Critical water infrastructure in the United States faces increasing cybersecurity threats from state-sponsored actors, with potentially devastating consequences for national security, economic stability, and public health. (Cybersecurity and Infrastructure Security Agency, 2025). This infrastructure supports defense critical assets and is actively being targeted by various state-sponsored hacking groups, which poses a major concern for civilians and military alike. K. Herath (personal communication, February 24, 2025) reported being aware of two attacks on Ohio water systems during his tenure as Cybersecurity Strategic Advisor to Ohio Governor Mike DeWine.
Water is essential to everyday life and defense and presents as a high-value …
Network And Multipath Traceroute Visualization, Cameron Makowski
Network And Multipath Traceroute Visualization, Cameron Makowski
Military Cyber Affairs
TraceCam introduces a new paradigm in network path analysis, leveraging GPU-accelerated WebGL visualization, advanced traceroute integrations, and AI-driven insights to transform complex routing data into actionable intelligence. Early prototypes have demonstrated significant improvements in performance, clarity, and multi-path discovery, overcoming traditional limitations in traceroute analysis. By incorporating retrieval-augmented language models and enriched metadata sources like IPinfo.io, TraceCam enables automated anomaly detection, contextual explanations, and rapid root-cause analysis, enhancing operational efficiency. The platform’s architecture ensures scalability and adaptability, supporting deeper investigations and real-time situational awareness. Future development will focus on clustering-based anomaly detection, expanded geographic visualizations, and enhanced AI-generated analysis to …
Characterizing Cyberattacks Against Operational Technology Infrastructures Through The Lens Of Attack Flows, Sherman Kettner, Caleb Chang, Ekzhin Ear, Shouhuai Xu
Characterizing Cyberattacks Against Operational Technology Infrastructures Through The Lens Of Attack Flows, Sherman Kettner, Caleb Chang, Ekzhin Ear, Shouhuai Xu
Military Cyber Affairs
Operational Technology (OT) infrastructures play a critical role in modern society and economy. However, their increasing connectivity with public networks such as the Internet has made them vulnerable to cyberattacks, much like traditional Information Technology (IT) systems. In particular, cyberattacks against OT infrastructures remain relatively underexplored and little understood. In this paper, we aim to deepen our understanding of cyberattacks against OT infrastructures. For this purpose, we propose a methodology, including novel cybersecurity metrics to analyze the attack flows of these attacks in an end-to-end fashion, which allows us to draw useful insights. We demonstrate the utility of the methodology …
Silicon Sentinels: Using Whistleblower Protections To Manage Information Asymmetry And Ai Risk, Jason Green-Lowe, Fynn Fehrenbach, Mark Reddish
Silicon Sentinels: Using Whistleblower Protections To Manage Information Asymmetry And Ai Risk, Jason Green-Lowe, Fynn Fehrenbach, Mark Reddish
Liberty University Law Review
In the rapidly evolving landscape of artificial intelligence (“AI”) development, policymakers face a critical challenge: obtaining accurate and timely information about the potential risks and impacts of advanced AI systems. This Article examines the pivotal role of whistleblower protections as a mechanism to address the information asymmetry between AI companies and government officials. Employees inside AI companies are uniquely positioned to share information that can help outside regulators make wise policy decisions, but employees might be reluctant to do so unless their decision to share that information is legally protected. We propose a comprehensive framework for AI whistleblower protections as …
Open-Source; Open-Season; Open-Fire: Google V. Oracle And The Vulnerability Of Code To Copyright Infringement By Ai Harvesting, Kent Pederson
Open-Source; Open-Season; Open-Fire: Google V. Oracle And The Vulnerability Of Code To Copyright Infringement By Ai Harvesting, Kent Pederson
Liberty University Law Review
In Google v. Oracle, the Supreme Court was forced to decide if Google’s copying of 11,500 lines of computer code from Oracle without permission constituted copyright infringement. Much was on the line, including precedent concerning the copyright status of millions of lines of code nation-wide. In the lengthy decision, the Supreme Court avoided the central issue of holding whether the copied “declaring code” could be protected by copyright or instead was a functional tool outside of the Copyright Act. Instead, it punted the issue, assuming for the sake of argument that the declaring code that was taken was in …
The Measure Of A Man: Considering Science Fiction And Christianity In The Regulation Of Artificial Intelligence Models, Andrew P. Connors
The Measure Of A Man: Considering Science Fiction And Christianity In The Regulation Of Artificial Intelligence Models, Andrew P. Connors
Liberty University Law Review
Does artificial intelligence “think,” and if it does, what should the law do about it? This article examines popular culture and the Turing Test to assess whether artificial intelligence “thinks,” applying the author’s engineering background and his Christian worldview. The author concludes that artificial intelligence mimics rather than creates and considers the risks and benefits of artificial intelligence given that conclusion. The author suggests that legal regulation should be measured, leaving important decisions to humans while at the same time encouraging development of this important, misunderstood technology.
Easements As An Option For Api Access, William J. O'Reilly
Easements As An Option For Api Access, William J. O'Reilly
Student Journal of Information Privacy Law
The debate surrounding interoperability involves commercial interests, privacy interests, and security interests. Application Programming Interfaces or APIs are a vital component of interoperability, and the possibility of regulating APIs creates tension between owners of APIs, consumers, and other parties. There are many current and proposed methods for regulation. Some are technological, some are legal. No single method completely regulates APIs, and many lack the authority that comes from established precedent. Technology regulation has previously turned to property law principles for privacy and other vital interests. By turning easement law into a framework for API governance, there is a robust tool …
A (Loper) Bright Future? Charting Federal Ai Legislation With State Blueprints In A Post-Chevron World, William B. Simpson
A (Loper) Bright Future? Charting Federal Ai Legislation With State Blueprints In A Post-Chevron World, William B. Simpson
Student Journal of Information Privacy Law
Despite a growing proliferation of algorithmic systems across the market, the U.S. lacks a comprehensive federal AI law to address the risks posed by this technology. The 2024 Supreme Court case Loper Bright v. Raimondo, which overturned the doctrine of Chevron deference, arguably complicates the passage of such a law by constraining Congress’ ability to use ambiguous statutory language as a means of reaching legislative consensus. Nevertheless, as Congress prepares to tackle this complex issue, it can look to state legislatures that have passed AI laws amidst similar constraints. The purpose of this article is to analyze certain state AI …