Digital Commons Network^™

Sovereignty 2.0, Anupam Chander, Haochen Sun

Vanderbilt Journal of Transnational Law

Digital sovereignty-the exercise of control over the internet-is the ambition of the world's leaders, from Australia to Zimbabwe, seen as a bulwark against both foreign states and foreign corporations. Governments have resoundingly answered first-generation internet law questions of who, if anyone, should regulate the internet. The answer: they all will. Governments now confront second-generation questions--not whether, but how to regulate the internet. This Article argues that digital sovereignty is simultaneously a necessary incident of democratic governance and democracy's dreaded antagonist. As international law scholar Louis Henkin taught, sovereignty can insulate a government's worst ills from foreign intrusion. Assertions of digital …

From Zero-Sum To Economic Partners: Reframing State Tax Policies In Indian Country In The Post-Covid Economy, Pippa Browde

New Mexico Law Review

The disparate impact COVID-19 has had on Indian Country reveals problems centuries in the making from the legacy of colonialism. One of those problems is state encroachment in Indian Country, including attempts to assert taxing authority within Indian Country. The issue of the reaches of state taxing authority in Indian Country has resulted in law that is both uncertain and highly complex, chilling both outside investment and economic development for tribes. As the United States emerges from COVID-19, to focus only on the toll exacted on tribes and their peoples ignores the tremendous opportunities for states to right these historical …

The Need For An Integrated Preschool Efl Curriculum In Lebanon, Amal J. Yazigy Dr.

BAU Journal - Society, Culture and Human Behavior

An Integrated Curriculum for Preschool enriches the children’s linguistic environment that leads to better, more natural learning of the target language and concepts of different fields. This paper starts by reviewing available literature about child development, foreign language learning, EFL in this context, and the integrated curriculum. The development of a holistic curriculum for preschoolers in Lebanon is given taking into consideration the healthy cognitive, emotional, and psychomotor development of preschoolers.

Race, Place, And Citizenship: The Influence Of Segregation On Latino Educational Attainment, Stella M. Flores, Suzanne M. Lyons, Tim Carroll, Delina Zapata

Minnesota Journal of Law & Inequality

No abstract provided.

Building A Radical Shift In Policy: Modifying The Relationship Between Cities And Neighbors Experiencing Unsheltered Homelessness, Brigid Kelly

Minnesota Journal of Law & Inequality

No abstract provided.

Governing By Algorithm? No Noise And (Potentially) Less Bias, Cass R. Sunstein

Duke Law Journal

As intuitive statisticians, human beings suffer from identifiable biases—cognitive and otherwise. Human beings can also be “noisy” in the sense that their judgments show unwanted variability. As a result, public institutions, including those that consist of administrative prosecutors and adjudicators, can be biased, noisy, or both. Both bias and noise produce errors. Algorithms eliminate noise, and that is important; to the extent that they do so, they prevent unequal treatment and reduce errors. In addition, algorithms do not use mental shortcuts; they rely on statistical predictors, which means that they can counteract or even eliminate cognitive biases. At the same …

The Impending Battle For The Soul Of Online Dispute Resolution, Oladeji Tiamiyu

Sturm College of Law: Faculty Scholarship

Legal professionals and disputants are increasingly recognizing the value of online dispute resolution (“ODR”). While the coronavirus pandemic forced many to resolve disputes exclusively online, potentially resulting in long-term changed preferences for different stakeholders, the pre-pandemic trend has involved a dramatic increase in technological tools that can be used for resolving disputes, particularly with facilitative technologies, artificial intelligence, and blockchains. Though this has the added benefit of increasing optionality in the dispute resolution process, these novel technologies come with their own limitations and also raise challenging ethical considerations for how ODR should be designed and implemented. In considering whether the …

Immigration Federalism In The United States: Constructing A Contemporary Institutional Framework Centered On Local Communities Through A Case Study Approach, Sara Kuehlhorn Friedman

Dissertations and Theses

This research study presents a new model of immigration federalism which integrates existing theories into a framework that emphasizes agency at the local level. Unlike dominant models of federalism that observe the cascading effect of higher-level policy on lower levels of government, this research focuses on empirical evidence at the local level to understand its relation to policy at higher levels. Immigration federalism is receiving substantial interest in scholarly work and in practice, but it lacks a cohesive and comprehensive theory explaining variation at the community level. There is little reason to expect sweeping changes in immigration policy at the …

Neutrality, Accommodation, Or Compromise: Comparing The Effectiveness Of Three Approaches Towards Protecting Religious Freedom, Beth Anne Patterson

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

No abstract provided.

Aboriginal Transboundary Passage Rights On Connected United States Watercourses: From Canada To Mexico, Indigenous North American Reconciliation, Christopher Mark Macneill

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

No abstract provided.

Foreward

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

No abstract provided.

Prof. Michael T. Morley, Gerald B. Tjoflat

Special Collections

A discussion with Judge Tjoflat regarding the Split of the U.S. Court of Appeals for the Fifth Circuit.

If You Can't Stop Them, Protect Them: The Legal Tethers For Bringing Fully Comprehensive Sexual Education Policy To Tennessee, Tess Anderson J.D. Candidate

Belmont Health Law Journal

This Note explores why Tennessee needs a comprehensive sexual education curriculum, how Tennessee can get it, and what should be included in the Curriculum. Part II of this Note provides background on sexual health in the United States. Particularly, this section includes statistics surrounding STDs and teen pregnancy, the current sexual health policy in Tennessee, and examples of different sexual education curriculums currently being used throughout the United States. Part III of this Note analyzes legal tethers that can help attain comprehensive sexual education in Tennessee including the Mature Minor Doctrine, Freedom of Religion, the Fourteenth Amendment Liberty Interest, Title …

Transgender Athletes And International Sports Policy, Joanna Harper

Law and Contemporary Problems

No abstract provided.

Stall Wars: Sex And Civil Rights In The Public Bathroom, Wickliffe Shreve

Law and Contemporary Problems

No abstract provided.

State Leadership Vs. Lawyers' Entrepreneurship: The Globalization Trajectories Of Chinese Legal Professionals Under The Belt & Road Initiative, Jing Li

Indiana Journal of Global Legal Studies

Based on the analysis of the online profiles of 205 BRI Talent Bank lawyers as accredited by China's national bar association, this article generates important empirical knowledge about the approaches and processes that a nation-state may use in directing the internationalization of legal professionals. In addition to designing the general roadmap and offering broad incentives, the state has demonstrated a much more handson approach. By collecting the so-called "state-adjacent" lawyers and commissioning them to take some concrete first steps stipulated in the roadmap, the Chinese state effectively envisions them as role models for other lawyers to follow to ensure that …

The Ends And The Means: Indigenous Sovereignty, Climate-Related Legal Actions, And Frameworks Of Justice, Connor Marcum

Indiana Journal of Global Legal Studies

Philosophy professor Timothy Morton uses climate change as his foremost example of what he calls a hyperobject: an object that occupies both more physical space and more time than humans can usefully comprehend. For example, one can understand local meteorological occurrences in isolation without necessarily understanding that a given storm was more severe than it should have been because an overall increase in global temperatures makes for a more aggressive, active hydrological cycle. Environmental organizations focused on raising awareness understand this. Public campaigns to wed the nebulous idea of climate change to specific, concrete images are incredibly memorable: think of …

Developing Metrics For Nasa Earth Science Interdisciplinary Data Products And Services, Zhong Liu, Chung-Lin Shie, Anthony J. Ritrivi, Guang-Dih Lei, Gary T. Alcott, Mary Greene, James Acker, Jennifer C. Wei, David J. Meyer, Angela Li, Atheer F. Al-Jazrawi

Copyright, Fair Use, Scholarly Communication, etc.

Metrics are measures that are able to produce quantifiable information. There are many applications of metrics in Earth science data and services; for example, metrics are frequently used to track service performance and progress. In short, developing, collecting and analyzing metrics are essential activities to better support Earth science research, applications, and education.

As one of the largest repositories of Earth science data in the world, NASA’s Earth Science Data and Information System (ESDIS) Project supports twelve Distributed Active Archive Centers (DAACs). Standard metrics have been developed by the ESDIS Metrics System (EMS). These metrics are collected and analyzed routinely …

Scrambling The New Sanitationist Synthesis: Civil Liberties And Public Health In The Age Of Covid-19, John Fabian Witt

University of Chicago Legal Forum

No abstract provided.

Four Futures For U.S. Pandemic Policy, Daniel Hemel

University of Chicago Legal Forum

No abstract provided.

Assessing The Prospects For Fair Housing, John Infranca

Suffolk University Law School Faculty Works

This is a review of Furthering Fair Housing: Prospects for Racial Justice in America’s Neighborhoods, a 2021 collection of essays edited by Justin P. Steil, Nicholas F. Kelly, Lawrence J. Vale and Maia S. Woluchem. Furthering Fair Housing provides a detailed account of the long history leading to the 2015 affirmatively further fair housing rule, an evaluation of the short-lived rule’s effects and potential flaws, and a robust set of insights and recommendations for both federal officials revising the rule and local officials tasked with implementing it going forward. This review summarizes the volume’s individual chapters before discussing a few …

Hiding In Plain Sight: Black Panther, International Law And The “Development Frame”, Christopher Gevers

Osgoode Hall Law Journal

This article explores the “troubling antinomies” of the 2018 film Black Panther and its entanglements with the collective fantasies of the West—and those of international lawyers and development technocrats in particular—through its reliance on the “lost world” genre, as typified by H. Rider Haggard’s King Solomon’s Mines and John Buchan’s Prester John. The article then situates these troubling antinomies within the tradition of Black Internationalism and the novels of Pauline Hopkins, George S. Schuyler, and Peter Abrahams as practices of “poetic revolt.” Doing so, it is argued, reveals much about the conditions of possibility of the “development frame” and international …

Seeing Like A Clinic, Adrian A. Smith

Osgoode Hall Law Journal

The prevailing commitment in clinical law programs like the Intensive Program in Poverty Law at Osgoode Hall Law School is to an engaged-contextualism, which serves to see law in action. It has provided participating students with some insight into the everyday life of ordinary people, approaching—but not necessarily fully perceptive to—certain socio-legal perspectives. But what does clinical legal education vision and envision? How precisely do clinics see? And from what source or place is that visual authority derived? Here, by attending to the prevailing “pedagogy of seeing” in contemporary poverty law clinical practice, I engage with teaching, learning, and praxis …

Picturing Pedagogy: Images, Teaching, And Development, Jeremy Baskin, Sundhya Pahuja

Osgoode Hall Law Journal

Images are powerful. They shape how we see and understand the world and, in the process, challenge (or reinforce) our assumptions and perspectives. The images we use in the classroom are no exception, whether used passively as visual aids or as a “medium through which active learning is energized.”1 In this article we embrace the “pictorial turn” in university teaching and reflect on the use of images when teaching “development.”2 Development is an area that typically attracts students with an internationalist orientation and who seek to make a positive change in the world. Yet the concept of development is fraught …

Cle Working Paper No. 1/2022--How Law Shapes Food Sovereignty In Urban Canada, Julia Witmer

Centre for Law and the Environment

Inspired by the right to the city, this paper outlines the legal architecture of food sovereignty activities in urban Canada. The architecture is rooted in three fields of law: constitutional law, municipal and planning law, and health law, and explored through various case studies in urban centers. The paper reviews legal instruments in each field and analyzes how they shape different food sovereignty activities in supportive and restrictive ways. Constitutional law generally proves restrictive in its limited recognition of local government as true government, restricted provincial power in agricultural regulation, and its general treatment of food as a commodity. Municipal …

Lifting Labor’S Voice: A Principled Path Toward Greater Worker Voice And Power Within American Corporate Governance, Leo E. Strine Jr., Aneil Kovvali, Oluwatomi O. Williams

Minnesota Law Review Vols. 106:2 onward (2021-present)

In view of the decline in gainsharing by corporations with American workers over the last forty years, advocates for American workers have expressed growing interest in allowing workers to elect representatives to corporate boards. Board level representation rights have gained appeal because they are a highly visible part of codetermination regimes that operate in several successful European economies, including Germany’s, in which workers have fared better. But board level representation is just one part of the comprehensive codetermination regulatory strategy as it is practiced abroad. Without a coherent supporting framework that includes representation from the ground up, as is provided …

State Broadband Profile - Ohio (Feb. 2022), New York Law School

Reports and Resources

No abstract provided.

An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini

William & Mary Journal of Race, Gender, and Social Justice

When the Patient Protection and Affordable Care Act passed, it offered a broad promise to provide access to quality care on a nondiscriminatory basis. To achieve nondiscrimination, Congress included Section 1557, which integrated the nondiscrimination protections granted under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments, Section 504, and the Age Discrimination Act. The language of the statute has proved that the section cannot achieve its broad promise. Covering only intentional discrimination and usually interpreted to divide the standard so that intersectional discrimination cannot be redressed, Section 1557 fails to address discrimination in …

The Impact On Crime Rate During A Period Of Covid-19 Induced Jail Booking Restrictions, Nathan A. Jendrick

Doctoral Dissertations and Projects

COVID-19 has become a catalyst for profound changes not just in public health but in criminal justice as well. To reduce the close-quarters populations of correctional facilities in an effort to reduce the spread of the virus, law enforcement administrators in the Pacific Northwest have significantly limited the opportunity to make custodial arrests of criminal suspects. The effect on crime rate by not booking suspected criminals for misdemeanor and felony crimes alike remained largely unstudied. To assess this intervention, a paired samples t-test was used after acquiring call volume data for 13 crime types from the dispatch communications center of …

Old Macdonald Had A Trust: How Market Consolidation In The Agricultural Industry, Spurred On By A Lack Of Antitrust Law Enforcement, Is Destroying Small Agricultural Producers, Cody Mccracken

William & Mary Business Law Review

The U.S. agricultural industry is controlled by a handful of large corporations. Unprecedented levels of market consolidation has created a power disparity, where controlling corporations alone shape markets, often to the disadvantage of small agricultural producers. A primary, and often overlooked, cause of this consolidationdriven bargaining disadvantage, and its resulting harm, can be found in the lacking enforcement of the nation’s antitrust laws. Faulty metrics and lax legal interpretations employed by regulatory agencies have permitted large corporations to grab control of nearly every sector of the industry. From the seeds farmers plant to the markets they sell their goods into; …