Digital Commons Network^™

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: …

Quantifying Adversary Military Forces’ Susceptibility To Cognitive Attacks, Bonnie Rushing, Cole Nelson, Shouhuai Xu, Christofer “Raven” O’Keefe, Olga Karpoyan

Military Cyber Affairs

This paper introduces a method to quantify international populations’ susceptibility to cyber cognitive attacks using press freedom and media trust metrics. We present the Cognitive Influence Calculator, a tool that estimates susceptibility (𝑆) based on Press Freedom Scores (PFS) and media trust levels. Findings show that while authoritarian regimes are harder to reach, successful cognitive attacks have greater impacts due to higher trust in state-controlled narratives. Using U.S. wargaming data and international trust metrics, we compute susceptibility scores for the U.S., Russia, China, Iran, and North Korea. Results show an inverse relationship between PFS and media susceptibility, with local/allied …

Understanding Russia’S Cyber Policies, Strategies, And Doctrines, Bryan Hancock, Hanh Nguyen, Olga Karpoyan, Ekzhin Ear, Shouhuai Xu

Military Cyber Affairs

This study analyzes the strengths and weaknesses of Russia’s cyber policies, strategies, and doctrines through a systematic set of attributes, leading to key insights: (i) Russia has proactively adapted its cyber policies, strategies, and doctrines to its evolving environment; (ii) Russia actively conducts cognitive warfare, but remains equally vulnerable to it; and (iii) Russia’s cyber posture faces significant challenges, including a limited technological base, shortage of skilled personnel, and restrictive approach to information control, all of which undermine the effectiveness of its strategies. These insights offer valuable implications for US Cyber Command and the Department of Defense.

Christianity, Conception, And Consciousness: Why A Conscious Human Mind Is Necessary To Fulfill The Conception Requirement, Vittoria L. D'Addesi

Liberty University Law Review

As artificial intelligence (“AI”) advances, it not only affects our daily life, but also implicates patent law. The Federal Circuit Court of Appeals has already held in Thaler v. Vidal that only a natural human person can be an “inventor” entitled to receive a patent, thereby excluding AI. The rationale in Thaler centers on statutory interpretation, leaving open the question of whether AI is capable of fulfilling the conception requirement—an essential element of qualifying as an inventor and receiving a patent. This Comment aims to expand the rationale of Thaler and argues that AI cannot fulfill the conception requirement; thus, …

Taxing Litigation Finance, Young Ran (Christine) Kim

Articles

The emerging litigation finance industry has the capacity to expand access to justice but also raises important legal and ethical questions. Although much has been said about the industry’s potential to increase frivolous lawsuits and permit improper control over a claim by the funders, scholarly discussion on the proper tax treatment of the parties involved has fallen by the wayside. The problem arises in classifying litigation finance contracts as either a nonrecourse loan, immediate sale, or variable prepaid forward contract, all of which discretely impact the timing and character of income. Unfortunately, courts have traditionally found it difficult to draw …

Magic Or Morass?: A Multidisciplinary Approach To Restorative Practices For Sexual Harm Prevention And Program Evaluation, C. Quince Hopkins, Laurie M. Graham, April Cavaletto

Journal of Legal Education

No abstract provided.

Like Holding Up A Mirror: How I Learned To Teach Restorative Justice, Susan Abraham

Journal of Legal Education

No abstract provided.

Tax Arbitration And The Rule Of Law: A Challenge For The Coordination Of International Taxation, Gianluigi Bizioli, Frederico Bertocchi

Akron Law Review

Tax arbitration mechanisms, which are provided both at the international and EU level, play a significant role in solving international tax disputes. However, such mechanisms do not seem to be fully compliant with the concept of Rule of Law that seems to arise from International and EU Laws. In fact, tax arbitration mechanisms appear to lack —mainly— certain due process guarantees that allow such procedures to comply with the equality principle.

More specifically, tax arbitration involves almost only the States, which are the party to it, allowing them to exercise relevant powers and influence —for instance— over the arbitration body …

China’S Role In A Future Korean War, Jake Rinaldi

The US Army War College Quarterly: Parameters

This article argues that China’s intervention in a Korean conflict will hinge more on North Korea’s ability to hold territory than on bilateral ties. Rather than treat Chinese intervention as a yes-or-no proposition, this study models three scenarios—full intervention, sustained support, and limited support—based on North Korean resilience. Using Chinese-language sources and scenario-based analysis, it assesses how each model would shape key functional areas such as ISR, cyber, materiel, and force posture. The findings offer US defense planners a framework for anticipating variable People’s Liberation Army involvement in a future Korea contingency.

Strategic Narratives To Counter Global Threats, Jerry E. Landrum, Chase Metcalf, Michael M. Posey

The US Army War College Quarterly: Parameters

This article argues that the current National Security Strategy lacks the necessary coherence and fidelity to mobilize collective action against the emerging Russia-China axis. It merges multiple theoretical concepts to assert that the “rules-based order” theme is insufficient for mobilizing public support. Using textual analysis of the strategy compared with publicly available polling to determine levels of popular resonance, the authors find that the “rules-based order emphasis” does not resonate. This study’s conclusions will assist practitioners as they develop an updated National Security Strategy in the new presidential administration.

Practicality Of Implementing Sub-Clause 8.4 [Advance Warning] Of The Fidic 2017 Red Book In Egypt, Gehad Ibrahim

Theses and Dissertations

Disputes in construction projects can cause cost and time overruns that can be detrimental to the parties involved and to the project. Several measures have been advocated by the industry’s practitioners in an attempt to avoid disputes and their adverse impacts. One of these measures is the introduction of advance warning sub-clauses in construction contracts, where the contracting parties play a proactive and collaborative role in warning each other of potential adverse impacts to the project. Such clauses have been in the NEC suite of standard construction contracts for decades and have recently found their way to the 2017 edition …

The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid

Theses and Dissertations

The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …

A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali

Theses and Dissertations

This thesis explores the tragedy of incommensurability between indigenous rights and international human rights law. Despite the emergence of frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous calls for sovereignty remain fundamentally unintelligible within a liberal order structured to preserve settler-state legitimacy. Tracing the historical and theoretical evolution of indigenous advocacy, this study critiques the strategic shift from demands for self-determination to claims of cultural rights. It argues that this shift offers no real alternative: self-determination and cultural rights are functionally equivalent, as both are ultimately filtered through legal and political frameworks that cannot …

The Sealed Palace: How Direct Access To The Supreme Constitutional Court Can Bridge The Gaps In Constitutional Review In Egypt, Ahmed Sameh Fahmi

Theses and Dissertations

This thesis examines the limitations of Egypt’s current constitutional review system and argues for the introduction of a direct access mechanism to the Supreme Constitutional Court (SCC). Under Egypt’s centralized model of judicial review, individuals are restricted to indirect access through ordinary courts, which has resulted in significant procedural and substantive inefficiencies. The referral-based mechanism of judicial review of legislation has caused delays in adjudicating constitutional claims, the insulation of certain laws from review, legislative omissions, and excessive gatekeeping by lower courts. Through a comparative analysis of direct access models in Colombia, Germany, Turkey, and South Africa, the thesis identifies …

The Benefits Of The Fourth Amendment’S Property-Rights Baseline, Nicholas A. Kahn-Fogel

Villanova Law Review (1956 - )

No abstract provided.

Dismissing Human Trafficking: Forced Arbitration Of Survivors’ Civil Suits, Annie Smith, Daniel Werner

Villanova Law Review (1956 - )

No abstract provided.

Lost Without A Cause: The Sixth Circuit’S But-For Standard For False Claims Act Violations Harms Healthcare Fraud Enforcement, Margo Chapin

Villanova Law Review (1956 - )

No abstract provided.

Robin Hood Or Robbin’ The Goods? The Second Circuit Restores Sec Disgorgement To Equity In Sec V. Govil, Nikolette C. Dusevic

Villanova Law Review (1956 - )

No abstract provided.

Asian Values In International Dispute Settlement: Issues Of Parallel Jurisdiction, Haijing Huang, Tze Chin Ong

Indonesian Journal of International Law

Asian Values promoted significant economic growth to Asian societies in 1990s but were challenged by the 1997-1998 financial crisis. Engaging in regional trade agreements (RTAs) can enhance market access and keep regulatory cooperation, the number of RTAs has grown explosively in Asian countries. Most of these RTAs may include more far-reaching form of dispute settlement provisions distinct from or parallel to the World Trade Organization (WTO). Historical analysis is employed to examine the applicable principles of Asian Values and their influences on economic growth and dispute settlement. Additionally, the article also conducts case study analysis of several trade disputes with …

Virtual Dignitary Torts, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

The emergence of the metaverse and spatial computing, which has enabled immersive digital interactions, raise complex legal questions. This work examines the feasibility of addressing dignitary torts-such as battery and intentional infliction of emotional distress-committed via avatars. The particular challenge for tort law is the nonphysical nature of selfrepresentations in these virtual spaces. Drawing from the historical evolutions of several dignitary torts, such as the law of battery and emotional harm, this article argues that the key in allowing for the recognition of such harms is appreciating the expansion of the protection of physical body within these torts, to the …

Protect The Clearwater V. Montana Department Of Environmental Quality, Gillian Ellison

Public Land & Resources Law Review

In Protect the Clearwater v. Montana Department of Environmental Quality, the Montana Supreme Court reinforced that injunctive relief provisions in the Montana Environmental Protection Act are the exclusive avenue for injunctive relief once a claim has been filed under MEPA. The Court clarified that parties may not separately seek preliminary injunctions under Montana’s general injunction statute when a MEPA action contesting the same permit is already pending.

Puppycide By Gavel: How The Judiciary Uses The Police Killing Of Dogs To Reinforce Justifications For Police Violence, Jeremy J. Smith

Qualitative Criminology (QC)

"Police discharge their firearms more often at dogs than humans, and as a profession, kill thousands of dogs every year. The number of dogs killed by police during these encounters has government officials declaring that an “epidemic” is occurring within policing itself, with some commentators referring to this trend as “puppycide” or “canicide.” The purpose of this article is to examine how the judiciary rationalizes canicide, or the police killing of dogs, and the role canicide plays in the justification of police violence. To do this, the article provides a sociolegal and ethnographic content analysis of federal court cases and …

Sex Offender Prison Treatment Programs: Outdated Science Masquerading As A Legitimate Penological Objective, Shelby Jones

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Tax Treaties In The Wind, Doron Narotzki

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Cuba And The Constitution Of A Stable State Of Misery: Ideology, Economic Policy, And Popular Discipline, Larry Catá Backer

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Exploiting Vulnerability: Human Trafficking As A Tool Of Genocide, Madison Bryant

Undergraduate Theses, Capstones, and Recitals

This thesis examines the relationship between human trafficking and genocide, arguing that when trafficking is used with the intent to destroy a targeted group, it should be understood and prosecuted as an act of genocide. While international law traditionally treats genocide and human trafficking as distinct crimes, historical and contemporary evidence reveals significant overlap in their mechanisms, motivations, and outcomes. Through a thematic analysis of three case studies, this research demonstrates how trafficking has been systematically employed to further genocidal objectives, including displacement, exploitation, cultural erasure, and the destruction of communities. The case studies are the genocide of Indigenous peoples …

Sex And Control In Redeemer Georgia, Anthony Michael Kreis

Georgia State University Law Review

This Essay explores the interplay of history, law, and morality behind the first abortion law in Georgia. Examining the philosophical underpinnings of liberty and equality as articulated in Georgia’s constitutional history through time, this Essay highlights the moral contradictions inherent in the legal frameworks of Reconstruction Georgia. The origin of Georgia’s 1876 abortion law contains multitudes—rooted in race-based contestations for political power, the sociological evolution of medical practice, and evolving attitudes on individual rights. At times, White elites used abortion to attack Yankee culture and stir up racist fears about moral contagion associated with Radical Republicans. To this end, when …

What's Freedom Got To Do With It? Occupational Freedom And The Illusion Of Choice, Bojan Perovic

Georgia State University Law Review

This Article critically examines the concept of occupational freedom, arguing that the legal right to choose and pursue a profession, as enshrined in many constitutional systems, remains largely theoretical for vast segments of the population. While legal frameworks recognize occupational freedom, socioeconomic barriers, systemic discrimination, and cultural norms continue to impede genuine access to professions. Using historical examples like the exclusion of women from the legal profession or racial segregation under apartheid, this Article illustrates how law can act as both an instrument of oppression and a tool for progress.

Through a comparative analysis of case law from Germany, South …

The Melodic Maze Of Generative Ai: Navigating Copyright And Publicity Protections, Brooke Sause

Florida Entertainment and Sports Law Review

The rapid advancement of Artificial Intelligence (AI) in recent years has fundamentally altered the landscape of creative expression. Specifically, generative AI technology has revolutionized how we interact with information, art, and entertainment, blurring the lines between human creativity and machine-generated content. As AI-generated works proliferate across various domains, from visual arts to music composition, profound legal questions and ethical dilemmas have emerged. We currently find ourselves navigating a landscape filled with legal gray areas regarding protections and guidance for creators. As we grapple with whether existing laws can adequately address these revolutionary AI-driven innovations or if entirely new legal frameworks …

Criminalization Of Homelessness: The Impact Of A Market-Oriented Approach, Gabriella M. Chioffi

Duke Journal of Comparative & International Law

Since the fourteenth century, countries have sought to criminalize unhoused individuals by labeling them as "vagrants." Currently, the United States and other countries continue to criminalize acts of sleeping rough, begging, loitering and other vagrancy-type activities that disproportionately target unhoused persons. Despite going through a period of decriminalization in the 1960s and 1970s, these punitive measures were largely reinstated by the 1990s. In the most extreme case, vagrancy criminalization was entrenched in a state's constitution. This Note contends that the reversion to punitive measures is triggered by a country's transition to a market-oriented approach that privatizes housing development and de-emphasizes …