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Environmental Monitoring Plan: For Work To Be Performed: July 1, 2025, Through June 30, 2026, Tennessee. Department Of Environment And Conservation.

Environmental Monitoring Plans

The Tennessee Department of Enviornment and Conservation, Division of Remediation, Oak Ridge (TDEC DoR-OR), provides the annual Fiscal Year 2026 EMP for the period of July 1, 2025, through June 30, 2026. This report is submitted as a comprehensive plan for TDEC DoR-OR monitoring and assessment activities across the Oak Ridge Reservation, Oak Ridge, Tennessee, (ORR) in accordance with terms of both the Environmental Surveillance and Oversight Agreement (ESOA), as well as in support of activities being conducted under the Federal Facilities Agreement (FFA).

May Federal Courts Answer Questions When Not Deciding Cases?, Benjamin B. Johnson

Notre Dame Law Review

Conventional wisdom says that Article III’s case-or-controversy requirement prevents federal courts from answering legal questions when they are not deciding cases. This is only partially correct. This Article shows conditions under which a federal court may answer questions even when not deciding a case. To do so, it traces the appellate power back to its origins in English common law courts and through the early American judiciary. For centuries, common law judges have answered questions sent to them by lower courts when doing so would help those lower courts to decide pending cases. In England, the “case stated” procedure facilitated …

A Plea For Private International Law (Conflict Of Laws), Michael S. Green

Faculty Publications

In this essay, author Michael S. Green discusses private international law and its importance in a law school's curriculum. After a brief summary of the history of private international law, the essay traces the disappearance of private international law courses in American law schools and proposes reasons as to why this trend may be occurring. The essay closes with reasons why it is a mistake to remove private international law from course offerings and requests that law schools reintroduce the topic.

J Mich Dent Assoc February 2025

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It is the primary publication reaching Michigan dentists. The February issue sets the tone for the MDA’s Annual Meeting, Revving Up Dentistry, this April in Detroit.

A detailed Annual Session Preview is included within the Journal with course listings and activities planned for the four-day event. Regular Departments: News You Need, New Dentist Column, MDA Insurance, Dentistry and the Law, Staff Matters, MDA at your Service, Governmental Affairs, and a Michigan Dental …

The Enlightenment In Early America, Annette Gordon-Reed

William & Mary Law Review

The founding of the United States of America is often said to have been the product of Enlightenment ideals that emphasized reason, individual liberty, and notions of progress. During this same era, however, racially based slavery, which confounded reason, denied individual liberty to millions, and challenged ideas about progress, existed in all of the colonies of North America.

The third president of the United States, Thomas Jefferson, embodied this seeming contradiction at the heart of the American founding. The principal author of the American Declaration of Independence enslaved hundreds of people over the course of his long life.

This Article …

How Tom Brady Saved Baseball: A New Understanding Of Union Decertification In Professional Sports Lockouts, Alec Whipple

William & Mary Business Law Review

Labor negotiations in professional sports have always been held at the crossroads of labor law and antitrust law. Players are bound by collective bargaining agreements that are governed by labor law but must negotiate these agreements with multi-owner collectives that typically engage in anti-competitive conduct: namely, locking out players during labor disputes. Furthermore, the non-statutory labor exemption has prevented players from using antitrust remedies to combat these employer actions. Players’ unions have fought back against owners in recent years by pursuing the unorthodox counter-strategy of formally decertifying as a union in order to file antitrust litigation. However, the 2011 ruling …

On The Books In South Carolina: Mining For Jim Crow Laws, Kate F. Boyd, Vandana Srivastava, Lance Dupre, Christopher Frear, Nitin Gupta, Bobby Donaldson

Faculty and Staff Publications

On the Books in South Carolina: Mining for Jim Crow Laws is a collections-as-data and machine learning project by the University of South Carolina Libraries (USC), sub awarded by the University of North Carolina at Chapel Hill (UNC), and made possible by The Andrew W. Mellon Foundation, for the period of May 2022 - December 2024. Following UNC’s steps from their first year of the grant, the USC project created a text corpus of South Carolina state legislature acts passed in the period from Reconstruction through the Civil Rights Movement (1868-1968). The USC team then utilized machine learning techniques to …

The Agility Paradigm: Rethinking Regulatory Policy Commitments In Free Trade Agreements, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

In an era marked by rapid technological advancement and an intensifying imperative for sustainability, the concept of agile regulation has emerged as a new paradigm in regulatory governance. Agile regulation champions a flexible approach essential for regulatory frameworks to evolve alongside changing circumstances. International regulatory cooperation is of importance in fostering knowledge sharing and evidence dissemination between states while mitigating regulatory disparities that stifle crossborder innovation, impede collective action against shared risks, and increase trade costs. Against this backdrop, the article delves into the role of free trade agreements (FTAs) in advancing the agile regulation agenda. It discusses how FTAs …

From Cptpp To Us–Taiwan Initiative On 21st-Century Trade: The Evolution Of Good Regulatory Practices And Its Implications For Taiwan, Han-Wei Liu

Research Collection Yong Pung How School Of Law

This paper examines the evolution and implications of Good Regulatory Practices (GRP) – otherwise known as ‘regulatory coherence’ in international trade agreements, focusing on the US-Taiwan Initiative on twenty-first-Century Trade. By comparing GRP frameworks in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the United States–Mexico–Canada Agreement (USMCA), and the US–Taiwan Initiative, the paper highlights the challenges of integrating GRP into Taiwan’s legal system. The analysis reveals significant disparities between GRP requirements and Taiwan’s existing Administrative Procedure Act (APA) in key areas such as public consultation, regulatory impact assessments (RIAs), and sunset review mechanisms. The paper also explores potential …

Faculty List

Journal of Dispute Resolution

No abstract provided.

I Like My Litigation How I Like My Pie: Whole, Alexandra (Allie) Widick

Journal of Dispute Resolution

There is a huge problem with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”): it contains major ambiguities. The Act was signed into law by President Biden in 2022, and it has the potential to affect many Americans. It has been estimated that about 60 million workers—over half of the non-unionized private workforce—are subject to mandatory arbitration agreements as part of their employment. The Act states in relevant part that no arbitration agreement “shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the …

Bargaining In The Shadow Of The Efaa, Samuel R. Cole

Journal of Dispute Resolution

Labor unions are having something of a moment. In the past few years, high profile unionization efforts like those at Starbucks and successful strikes like SAGAFTRA have generated headlines. Even as labor activists celebrate these wins, American unions face ongoing obstacles. Union membership continues to decrease, and union participation remains at an all-time low. And now courts, perhaps unwittingly, are adding to their woes. In one example, particularly relevant here, courts have overlooked the distinction between arbitration agreements contained in collective bargaining agreements and arbitration agreements contained in contracts between employers and at-will employees. The result has been to entwine …

Comparing Smart City Data Protection Approaches: Digital Consent And The Accountability Framework In Singapore, Wenxi Zhang, Sharanya M Shanmugam, J.G. Allen

Research Collection Yong Pung How School Of Law

Traditionally, there has been heavy reliance on formal notice and consent models for data protection regimes. However, consent (in particular digital consent) is rarely extended meaningfully in practice, due to behavioural factors including data subjects’ limited cognitive capacity, rational apathy, and dependency on the digital infrastructure around them. Synthesizing legal perspectives with insights drawn from the behavioural and social sciences, this article analyzes the consent problem in the smart city context, where it is exacerbated due to prevailing issues such as economic disincentives for ensuring meaningful consent, since essential urban infrastructure is often provided by private companies. Recognizing the shortcomings …

Lighten The Load: Why The Government Should Bear The Burden Of Proving The Validity Of An Alien's Appellate Waiver During A Removal Order Collateral Attack, Jimmy Garner

William & Mary Law Review

While there is much to say about the current state of the U.S. immigration system, this Note focuses on what happens to many aliens when they are subsequently criminally charged with the felony of illegally reentering the United States. When an alien was previously subject to deportation and later indicted on criminal charges of illegal reentry, a provision in 8 U.S.C. § 1326 allows the alien to collaterally attack the underlying removal order if it was fundamentally unfair. In light of the current political conversations surrounding the U.S. immigration system, this Note advocates for ensuring that asylum and removal hearings …

Custom’S Pervasive Role In Law And The Boundaries Of Positivism, James Paul George

Faculty Scholarship

Custom is law’s foundation, modulator, and occasional antithesis. This Article explores that relationship, starting with varying insights from some of the few legal philosophers who have examined the custom/law dynamic. The heart of this Article provides examples showing custom’s many influences on the law, set in five functional areas: origin, application, interstitial, rule-source, and oppositional. Although the custom/law interplay spans human behavior, these examples come from law practice where custom is exposed. Many are routine, some are significant, and all show our reliance on behaviors and norms that are not positive law. The conclusion addresses but does not resolve some …

Workplace Dignity, Joseph A. Seiner

William & Mary Law Review

There is a fundamental lack of respect for workers and work. The evisceration of the dignity of work has infected all industries. Anecdotally, workers have been forced to urinate in bottles. Employees have been killed while working through a tornado. A well-known employer allegedly subjected women to jokes of “sex, defecation, masturbation, rape, and torture.” Empirically, studies demonstrate the persistence of gender harassment in employment, the mistreatment of workers with long COVID, and a wide range of child labor and safety violations. No group is immune from the abuse that has been devastating to minority workers and vulnerable populations.

This …

This Is An Intervention: The Role Of Federal Courts In Suppressing Non-Compete Agreements, Anya Y. Karaman

William & Mary Law Review

Part I of this Note will provide background information on noncompete agreements, focusing primarily on those executed in conjunction with employment. Part I will also provide background on the FTC’s rule and the preliminary injunction analysis. Part II will explore how different jurisdictions treat the public interest factor when analyzing whether to enforce a non-compete. Part III will examine how the FTC’s rule has already impacted the public interest analysis in court. Finally, Part IV will address potential challenges to this proposal and argue why federal courts—as opposed to state legislatures, for example—are in the best position to protect workers …

Industry Peer Information And The Equity Valuation Accuracy Of Firms Emerging From Chapter 11, Bingxu Fang, Sasan Saiy, Dushyantkumar Vyas

Research Collection School Of Accountancy

Valuation plays a central role in determining Chapter 11 reorganization outcomes. However, obtaining accurate valuation estimates of reorganized firms is challenging because of limited firm-specific market-based information and the oft-conflicting incentives of claimholders. We examine the role of industry peer information in reducing misvaluations and its implications for unintended interclaimant wealth transfers and postreorganization performance. First, we find that the availability of relevant industry peer information is negatively associated with equity valuation errors for firms emerging from Chapter 11. Cross-sectional results suggest that the relation between industry peer information and valuation errors varies substantially with debtors’ information environment and case …

Adminstrability Over Testementary Freedom Of Disposition, Kevin Bennardo

University of Richmond Law Review

Freedom of disposition is unquestionably accepted as the organizing principle of inheritance law in the United States. But what if we’ve been wrong about that this whole time? Or perhaps we haven’t been wrong exactly, but instead have been badly overstating things? Regardless of the answers, these are questions worth exploring. It’s time for a reckoning. …

Noticing Injunctions, Mae C. Quinn

University of Richmond Law Review

Injunctions abound. And yet, they are largely invisible. Beyond the parties to a case in which an injunction is ordered, few outsiders may be aware they exist. And even when an order for injunctive re- lief makes the news, its exact terms may not be widely known. But like legislative enactments and publicly reported appellate decisions, injunctions can carry significant legal implications. Indeed, depending on the nature of the relief declared, such equitable orders can last in perpetuity. And as a practical matter, third parties outside of the litigation may be directly or indirectly impacted by their terms, which prohibit …

Constructing Women Who Do Not Reproduce In Global Neoliberalism: Critical Approach To The Abolition Of Legal Ban On Abortion And The Struggle In South Korea, Yumi Kwon

Dissertations, Theses, and Capstone Projects

This study historically examines the abolition of the legal ban on abortion and the struggle in South Korea, focusing on the construction of the status of “women who do not reproduce”, and accordingly aims to critically analyze how neoliberal reproductive crisis in South Korea has been reorganized into the new order through the constitutive role of the struggle.

The results of the analysis are as follows: First, by examining Fraser’s theory, I explain that when the “boundary” dividing the realms of production and reproduction is a place of contradiction and struggle, the phenomenon of women not reproducing is centrally located …

Quantifying Educational Impacts Under The Nypd's Stop-And-Frisk Era, Matthew T. Stanton

Dissertations, Theses, and Capstone Projects

This project examines the educational and economic impacts of the New York Police Department's "Stop, Question, and Frisk" (SQF) program, implemented predominantly under "Operation Impact" from 2003 to 2022. Using data from the NYPD and the American Community Survey, the study explores correlations between high rates of stop-and-frisk encounters and reduced educational attainment among targeted demographics, primarily Black and Hispanic young men. It contextualizes the socioeconomic consequences of SQF policies, including their effect on lifetime earnings and community trust. The project highlights the limitations of data correlation, advocates for further longitudinal and qualitative studies, and suggests frameworks for mitigating inequities …

My Wings Are Not Broken: Black Males, Carcerality, And Education, Crystal M. Welch-Scott

Dissertations, Theses, and Capstone Projects

Historically, educational spaces have been sites of racialized inequality for Black youth, creating disparate educational outcomes. The disproportionate divide between young Black and White men continues throughout the life of their academic journey, and this research seeks to examine its impact on dropping out of school. The experience of Black young men being “othered” – compared to their White counterparts – coupled with the myriad ways Black youth must navigate normalcy creates additional challenges they must carry. This dissertation employs critical race theory and ecological systems theory as theoretical frameworks. It utilizes hierarchical regression modeling of the High School Longitudinal …

Police Sexual Violence As Psychological Detention: Making Full Use Of Charter Rights, Sandrine Ampleman-Tremblay

Dalhousie Law Journal

This paper argues that individual responsibility has been overemphasized in cases of sexual violence by police. The fact that police officers are part of a state system calls for an examination of the role of the state in contributing to the risks of sexual violence by police. The paper thus contends that Canadian law requires methods to address state blame in such cases. It analyses psychological detention under section 9 of the Canadian Charter of Rights and Freedoms as a means to draw a connection between police powers, sexual violence, and state blame. The suggested section 9 interpretation builds on …

Revisiting Reasonable Cybersecurity, Jeffrey L. Vagle

Cardozo Law Review

Prospective theories of cybersecurity liability have traveled over some well-worn paths over the past three decades, resulting in some successes, but also in at least as many cul-de-sacs and dead ends. Part of this problem can be found in the difficulty and complexity of the subject itself. Courts, legislators, and regulators all face comprehension difficulties when they attempt to fit our existing legal system around cybersecurity, often resulting in half-measures and generalized solutions that are challenging to apply to the widely different technical details behind each case. And in the background, we have a general reluctance to create legal regimes …

Exploring The Trust Paradox: Adoption Dynamics Of Family Trusts Among Chinese High-Net-Worth Individuals, Janet Jing Di Zhang

Dissertations and Theses Collection (Open Access)

This research explores the adoption dynamics of family trusts among Chinese High-Net-Worth Individuals (HNWIs), focusing on the key barriers and facilitating factors. Despite the formal recognition of family trusts in China under its Trust Law (2001), the adoption rate remains low. This paradox is addressed through a comparative study between Chinese HNWIs in China and those in Canada, examining the impact of legal, regulatory, and cultural factors on adoption rates. By employing a two-stage quantitative approach, the research develops a Trust Adoption Model that incorporates factors like perceived benefits, professional trust, complexity, and regulatory transparency. The study identifies significant barriers …

Beyond Privity Of Blood: Intestacy And Charity, Adam J. Hirsch

UC Law Journal

When an individual dies without leaving a will, the law of intestacy functions to distribute the decedent’s estate to a surviving spouse and/or close blood relatives. Yet, this default regime fails to account for the possibility that some individuals wish to allocate part of their estates to charity. Drawing on empirical evidence, including data presented here for the first time, this Article advocates building a charitable component into intestacy in those cases where majorities of decedents prefer to establish estate plans transcending traditional heirs. Evidence suggests that this majority preference arises in four situations: (1) where the decedent was extremely …

Negotiating With Gpt-4: Digital Doormat Or Skilful Counterpart?, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Large language models (LLMs) such as GPT-4 have been creatively harnessed in the conflict resolution arena as dialogue agents interacting with humans within negotiations, due to their capacity for in-context learning and giving human-like responses. In light of the burgeoning use of LLMs in conflict resolution training, a pilot study was conducted to ascertain the desirability of using dialogue agents built on GPT-4 in conducting simulations for students learning negotiation skills. This article discusses insights gained from the study on the reliability of LLM agents in following prompts for negotiation simulations; notable negotiation behaviour of the LLM agent; the degree …

Managed Diversity Along The Legal Silk Road: The Asean-Asia Relationship In International Arbitration, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

Efforts to foster closer economic integration often focus on the alignment of standards with respect to goods and services. The harmonization of substantive regulations mitigates the inevitable friction caused by moving assets from one jurisdiction to another. In this chapter, it is argued that interna- tional arbitration plays a similar function in the Association of Southeast Asian Nations (ASEAN)-Asia relationship. By providing a neutral and reliable forum for dispute resolution, international arbitration helps manage legal diversity by creating a ‘Legal Silk Road’ on which commercial parties can engage with a familiar dispute resolution process without having to engage the local …

A Commitment Rule For Insolvency Forum, Anthony J. Casey, Aurelio Gurrea-Martinez, Robert K. Rasmussen

Research Collection Yong Pung How School Of Law

In this Article, we propose a new rule for determining the proper forum for insolvency proceedings. Currently, the Model Law on Cross-Border Insolvency (Model Law)—promulgated by the United Nations Commission on International Trade Law (UNCITRAL)—looks to a debtor’s center of main interest (COMI) to determine the proper forum for a foreign main insolvency proceeding. This rule is flawed. It is both inflexible and manipulable. It is also indeterminate and neither requires nor allows advance commitment by debtors. As a result, it leads to uncertainty, increases litigation costs, and opens the door to opportunistic manipulation by debtors. These costs, in turn, …