Digital Commons Network^™

Locational Data And The Public Interest, William A. Herbert, Micahel Goodchild, Richard Appelbaum, Jeremy Crampton, Gary Langham, Krzysztof Janowicz, Mei-Po Kwan, Katina Michael, Lisa Schamess

Publications and Research

This article presents a paper developed by the AAG Organizing Committee on Locational Information and the Public Interest through a summit held in Santa Barbara, California in June 2022. The summit resulted in goals and ideas for addressing the issues that arise from the present environment for geodata, whereby public, private, and third-sector entities can tap into publicly available locational information with relatively little regulation on its access or use. The Committee articulates four goals: (1) develop a research agenda extending across disciplines, (2) outline educational resources and strategies to guide ethical practice, (3) devise a pathway to increase public …

A Critical Appraisal Of Poverty In The Context Of Nature-Based Communities: Selected Cases From The Philippines, Carla Edith Gonzales Jimena

Dissertations and Theses

The Philippines is considered one of the wealthiest countries in both Southeast Asia and the world when measured by biodiversity, mineral resources and natural resources. It is also one of the most highly mineralized countries on earth. However, despite these natural endowments, when measured by established economic and human development indices the Philippines remains poor. Using critical perspectives derived from Marxist tradition, William Chambliss' theory of law and its dialectical nature, Immanuel Wallerstein's World Systems Theory, and Fred Block's structural mechanism of the state, this study aimed to critically appraise the persistence of poverty in nature-based communities in the Philippines. …

Formulary Apportionment: A New Framework For Personal Income Taxation, Andrew Appleby

Pepperdine Law Review

Increased post-pandemic remote working arrangements and interstate migration have upended existing personal income taxation regimes. For decades, the current paradigm has proved to be an imperfect but workable means to determine which state has the prevailing claim to impose tax on a particular item of income. The individual’s state of residence has a residual claim to all the individual’s worldwide income but defers to the state in which the income is derived if such a state is determinable. To that end, the state of residence typically provides a credit for income taxes paid on a source basis to other states. …

Fair Notice Is A Sociopolitical Choice, Alexander Zhang

Duke Law Journal

This Article reframes a deadlocked debate about “fair notice” as a justification for statutory interpretation methods by developing a historical account of a crucial, overlooked dimension: legislatures’ and laypeople’s value judgments about notice. On one side of the debate are idealists who contend, on due process grounds, that judges should embrace interpretive methods and theories based on how well they promote fair notice. On the other side are realists who counter, on empirical grounds, that perfect notice is impossible. Each side continues to talk past the other because we lack a fleshed-out framework for evaluating when the fair-notice basis of …

Investor Justice, Nicole Iannarone

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

There is a systemic flaw in the investor protection landscape. Unrepresented investors face off against well-resourced repeat- player firms that almost always have lawyers. While consumers face similar challenges in civil courts, in forced securities arbitration, the decisionmaker may not have a law degree, is prohibited from conducting any outside legal research, and has no monetary incentive to read materials the parties submit. These realities amplify already-existing informational and resource asymmetries between Main Street investors and stockbrokers and undermine the market-legitimizing function of securities arbitration. Despite being designed to permit investors to recoup losses without the aid of an attorney, …

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).

Breaking Up Bottlenecks In Big Tech And Everywhere Else: Two Remedies That Keep Your Packages Arriving In Two Days, Peter Carstensen, Darren Bush

UC Law Journal

This article addresses the colossal problem of remedy in antitrust and regulatory cases combatting monopoly “bottlenecks.” A bottleneck monopoly lies somewhere along the chain of production and distribution of goods or services. Often both before and after the monopoly, the markets are workably competitive. When a bottleneck owner also participates in those workably competitive markets, the bottleneck owner has the incentive and ability to self-preference, discriminating against other competing products in the markets. As a monopolist, a bottleneck owner will also seek to constrain access to the bottleneck, assuring that the use of the bottleneck is not optimized. Traditional remedies …

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 …

Toward An Economic Fair Housing Act, Nat Jordan

Michigan Law Review

This Note evaluates the prospect of an “Economic Fair Housing Act” through the framework of antidiscrimination law. The proposed bill—a brainchild of housing expert Richard Kahlenberg—would amend the Fair Housing Act to make economic status a protected class alongside race, national origin, religion, sex, and disability. Currently, fair housing lawsuits against local governments rarely succeed. Plaintiffs must present resounding statistical evidence of blatant racial disparities directly caused by exclusionary policies. Simultaneously, many local governments deter homebuilding through restrictive zoning ordinances that prevent lower-income people from moving in.

An Economic Fair Housing Act (EFHA) could help address these twin shortcomings of …

Institutionalized Ostracism, Danieli Evans

Articles

Belonging is a fundamental need, like food or water. Hundreds of social psychology studies find that people who are ostracized (excluded, rejected, or ignored) experience severe pain and suffering. Ostracism threatens basic needs, triggers the same neurocognitive processing system as physical pain, and impairs functioning. Furthermore, ostracized people may cope in ways that beget “deviant” labeling and further ostracism.

Belonging and ostracism are prevalent themes in social psychology research, but these constructs have received relatively little attention in law. This Article begins to explore the implications of this research for law. I make three contributions: First, I name and describe …

Abortion Ally Or Abettor: Accomplice And Conspiracy Liability After Dobbs, Mary Fan

Articles

The bristle of state laws criminalizing abortion after Dobbs v. Jackson Women’s Health Organization raises important questions about accomplice and conspiracy liability for helping people pursue reproductive freedoms out of state. Abortion funds, grassroots organizations, pilots, and other humanitarian volunteers are vital for people in need of abortions, who often are trapped by a lack of resources in abortion criminalization jurisdictions. Threats of prosecution are chilling and even shutting down assistance by abortion funds for travel to pursue reproductive freedoms. The liability questions after Dobbs arise against a backdrop of increasing prosecutions in Europe and the United States for crimes …

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 …

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 …

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 …

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 …

Time And Retribution, Meghan J. Ryan

Missouri Law Review

Time is missing from discussions on the theory of retribution. A colossal body of scholarship has been devoted to exploring the theory of retribution, or “just deserts,” but much less has attempted to translate this theory into practice, explaining how to determine an actual offender’s desert in real life. The limited scholarship on this topic touches on who might best assess an offender’s desert. For example, should a judge, a juror, or the public itself be making these desert decisions? But there is also a temporal aspect to this decision-making that has thus far largely eluded exploration: When should the …

Understanding The Transmission Of Deepavali Culture In Malaysia From The Perspective Of The "Circuit Of Culture ", Su Zihua, Mochamad Aviandy

International Review of Humanities Studies

As an important traditional festival in India, Deepavali carries profound cultural and religious connotations and has spread widely across Southeast Asia. Malaysia has become a typical example for articleing the transmisi of Deepavali due to its large Indian population and diverse cultural circulation. This article adopts a qualitative research method, gathering data and literature from various platforms and deeply analyzing three aspects of Deepavali in Malaysia: representation and identity, production and consumption, and regulation.The article finds that its cultural symbols construct Indian identity, and the multicultural integration of elements promotes the identification of shared values. Various activities and advertisements during …

The Potential Escalation Of Strategic Partnership Conflicts In The Indo-Pacific Region From The Aukus Trilateral Defense Pact, Yodia Adriatami Edwina, Yossica Ariatami Edwina

Indonesian Journal of International Law

The aggressiveness demonstrated by China in the South China Sea has caused instability and tension in military conflicts within the Indo-Pacific region. This aggressiveness was specifically demonstrated with the aim of controlling the sea in the region and considered a threat to maritime security, In an effort to balance the Indo-Pacific region against the aggressive attitude of China, the Trilateral Defense Pact agreement was made by Australia, United Kingdom, and United States. Despite the presented advantages associated with the effort, it is important to state that the agreement has raised concerns in Indonesia regarding its implications for maritime stability and …

Continuing Discrimination In The Times Of Technology: Women, Work, Algorithms And Law In India, Sejal Chandak Ms

Indian Journal of Law and Technology

Human societies are discriminatory. So, it has been an unrelenting effort to eliminate what divides us. While there have been leapfrog developments in this regard, we need to consider newer challenges now that technology is taking over public and private spaces. The author, in this article, discusses gender-based algorithmic discrimination in workplaces and argues that there is an urgent need to enforce laws for regulating algorithmic discrimination. India is in a precarious position. It has been consistently faring poorly when it comes to the gender gap in work. It lacks a comprehensive and codified anti-discriminatory law; and lacks laws to …

Why Did The Lawyer Cross The Road? The Aba's Proposal To Overhaul Model Rule 5.5 And Permit Cross-Border Practice, Paula Frederick

Akron Law Review

The American Bar Association (ABA) is considering a proposal to amend Model Rule 5.5, which would allow lawyers licensed in any U.S. jurisdiction to practice law across state lines under specific conditions. This "driver's license" model aims to address current regulatory barriers by permitting lawyers to provide legal services nationwide, provided they disclose their home jurisdiction, comply with local rules, and meet certain ethical standards. Motivated by the pandemic, technological changes, and the uniform bar exam, the proposal seeks to improve access to legal services, reduce regulatory burdens, and offer clients greater choice of counsel, though it faces potential challenges …

Climatizing National Security, Mark Nevitt

University of Chicago Legal Forum

Is climate change a national security issue? Human security? Ecological security? This Article addresses the growing nexus between climate change and various conceptions of security with a particular emphasis on climate change's national security impacts. This Article argues that there is a growing connection between national security and climate change and a corresponding need to address the normative implications of "climatizing national security." This connection can be observed through three lenses: mitigation (reducing greenhouse gas emissions from military and national security sources); adaptation (investing in climate resilient infrastructure in an effort to prepare for climate impacts), and response (addressing climate-exacerbated …

Inherited Health: A Targeted Medicaid Reform To Redress Generational Health Disparities, Jessica L. Millward

Seton Hall Law Review

No abstract provided.

Decriminalizing Disease: A Health Justice Approach To Infectious Diseases And Criminal Law, Sean E. Bland

Arkansas Law Review

Infectious diseases, also called communicable diseases, are largely a public health issue and should not be criminalized. This Article seeks to re-frame the discussion around the legal framework for infectious diseases in a way that moves beyond a punishment mindset and toward a health justice mindset. The focus in this Article is on health justice rather than traditional understandings of public health, defined as the science and practice of improving the health of people and their communities. The Article makes three novel contributions. First, it applies a health justice framework to the critique of infectious disease criminalization. Second, the Article …

Enhancing Citizen Capacity Through Optimising Village-Owned Enterprises (Bumdes) Role In Strengthening Community Participation For Sustainable Development, Supandi Supandi, Saliman Saliman

Jurnal Civics: Media Kajian Kewarganegaraan

Sustainable development at the local level necessitates active community participation, bolstered by educational innovation and the optimisation of empowering institutions such as Village-Owned Enterprises (BUMDes). This research investigates the impact of the Social Studies Outdoor Laboratory and BUMDes on development in the Bokoharjo, Prambanan, Sleman Regency. Specifically, the study examines three key areas: (1) the influence of the Social Studies Outdoor Laboratory on development, (2) the role of BUMDes in facilitating development, and (3) the collaborative effect between the Social Studies Outdoor Laboratory and BUMDes on regional growth. A quantitative approach was employed, sampling nine individuals from Bokoharjo Village from …

The Compact Clause And Cyberwar, Josie Laing

Washington Journal of Law, Technology & Arts

This article seeks to bring attention to the potential modern utility of Article 1, Section 10, Clause 3: the Compact Clause. This section of the Constitution has historically been archived. However, given cyberspace’s ever-growing prominence, the Compact Clause should be reconsidered as cyber warfare presents a novel opportunity for states to exercise their sovereign rights.

Section 10 restricts states’ powers to engage with foreign entities. Without the consent of Congress, states cannot enter into agreements with foreign powers or engage in war. These restrictions on states were necessary when the Constitution was drafted. To navigate foreign affairs nimbly, the United …

The Need For Antiracist Education Amid Trends Toward Totalitarianism And A Constitutional Crisis, Julnasha Morehead

DePaul Journal for Social Justice

No abstract provided.

Ensnared By Custom: Mary Astell And The American Bar Association On Female Autonomy, Judy Cornett

Book Chapters

Rhetoric—the arts of practical discourse that we broadly define as the use of symbols to influence belief and action—has something to say about contemporary legal theory and practice. Law and rhetoric in the West were born together nearly 2500 years ago in the Mediterranean. American law has eschewed its rhetorical roots since the late nineteenth century. Denying law’s rhetorical nature helps to construct an impartial façade, shoring up law’s legitimacy. Admitting the rhetorical nature of law would be to admit its partiality, or the point of view inevitably inscribed with every textual choice. At the same time, rhetorical theorists have …

Labor And Environment Entwined: A Radical Green New Deal And Just Transition In Applachia, Anne Marie Lofaso, Nicholas F. Stump

Faculty Articles and Other Publications

In this Article, Professor Lofaso and Professor Stump propose a genuinely transformative Green New Deal and Just Transition in Appalachia. The Article opens by tracing the long history of the Appalachian labor and environmental movements. Next, the Article interrogates the common contention that the Appalachian environmental and labor movements are opposed. While this contention has substantial truth, more complex forces have been at work in the region. Fossil fuel industry elites, for instance, have wielded exaggerated “jobs versus environment” rhetoric to maximize profits and quash emergent solidarities among local workers, residents, and activists.

This Article contends that a key solution …

Anchoring Digital Sovereignty, Vivek Krishnamurthy

Chicago Journal of International Law

For a quarter-century, a consensus has prevailed that territorial sovereignty applies online as it does offline. Since practically all the Internet’s infrastructure and its billions of users reside on the territory of states, conventional wisdom holds that sovereignty must extend to cyberspace. Such accounts ignore how people experience cyberspace as a distinctive place, and how current international law lacks safeguards to prevent states from exercising their sovereignty to splinter the Internet into a set of national networks. Territorial sovereignty is also hard to square with pledges by the world’s democracies to keep the Internet free, open, and global; yet it …

Introduction, In Children And Violence: Agency, Experience, And Representation In And Beyond Armed Conflict (Christelle Molima Bameka Et Al. Eds., 2025), Christelle Molima Bameka, Mohamed Kamara, Mark A. Drumbl

Books and Chapters

This multi-disciplinary volume provides an innovative approach to children and violence, looking beyond the existing literature that focuses on child soldiers in the ‘Global South.’

Harnessing expert contributions from over a dozen countries, the book examines the relationship between children and violence, with a focus on children ensnared in military conflict, embroiled in criminal gangs, and enmeshed in political activism. It analyses how children join fights, how they fight, and what happens to them after fighting officially ends. It addresses cutting- edge issues such as cyberwars, self-defence, intergenerational trauma, gender fluidity, racism and state surveillance. Throughout, the book underscores the …