Digital Commons Network^™

Foreword

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

No abstract provided.

The Use Of Geospatial Imagery In Myanmar For Mass Atrocity Prevention, Elisenda Calvet-Martínez

Genocide Studies and Prevention: An International Journal

This paper aims to explore to what extent the usage of geospatial imagery can serve as a tool for atrocity prevention in a context of armed conflict and post-conflict. While most attention has been paid to the use of geospatial imagery to document mass atrocities for advocacy and accountability purposes, less attention has attracted the potential of this technology as a preventive tool. In the case of Myanmar, a special interest is on how to advance in the use of geospatial imagery to guarantee the safe return of the Rohingya refugees and how to prevent acts of genocide after the …

Santa Clara Magazine, Volume 65 Number 2, Fall 2024 [Print Issue 62:2], Santa Clara University

Santa Clara Magazine

12 - INCREASING ACCESS Discerning one’s dream requires a whole set of experiences based on community, opportunity, and, yes, cash. Leslie Griffy

16 - UNPACKING UTOPIA It seems like billionaire-backed utopias are popping up all over the map. What does it take to build a perfect city? Lauren Loftus

22 - A WEALTH OF WELL-BEING In his new book, Professor Meir Statman explores a holistic approach to financial and life well-being. Leslie Griffy

26 - A WOMAN'S PLACE Despite being denied access to the priesthood, Catholic women find new ways to lead. Leslie Griffy

Living The Good Life In The Anthropocene, Kevin J. Lynch, Karrigan Börk, Karen Bradshaw, Rebecca Bratspies, Bruce Carpenter, Cinnamon Carlarne, Robin Kundis Craig, Sarah Fox, Josh Galperin, Francis Hicks, Keith Hirokawa, Ruhan S. Nagra, Michele Okoh, Jessica Owley, Amber Polk, Melissa Powers, Shannon Roesler, J .B . Ruhl, Danielle Stokes, Anastasia Telesetsky

Sturm College of Law: Faculty Scholarship

The Stockholm Resilience Centre has concluded that the number of "planetary boundaries" we are crossing has increased from three in 2009, when the Centre's researchers first introduced the concept, to six in 2023. Crossing these boundaries means humans are changing basic attributes of planetary systems to the point of risking the future of civilization. And the distinction between "safe" and "just" planetary boundaries raises questions regarding how to conceptualize the "good life." In this latest in a biannual series of essays, members of the Environmental Law Collaborative explore conceptions of the "good" as well as the various elements necessary to …

Panel Discussion: Balancing Scholarship, Teaching And Service To Succeed On The Tenure Track – A Workshop For Pretenure Colleagues And Faculty Aspirants, Brenda Smith

Scholarly Articles in Law Reviews & Journals

In imagining the National People of Color Legal Scholarship Conference, the planning committee brainstormed about the theme of the conference and the scope of panels and opportunities that would capture the breadth and vibrancy of scholarship by faculty of color. An antecedent, however, to that scholarship is the entry, success, and thriving of faculty of color in the academy.

Living The Good Life In The Anthropocene, Karrigan Bork, Karen Bradshaw, Rebecca Bratspies, Cinnamon Carlarne, Bruce Carpenter, Robin Kundis Craig, Sarah Fox, Josh Galperin, Francis Hicks, Keith Hirokawa, Kevin Lynch, Ruhan S. Nagra, Michele Okoh, Jessica Owley, Amber Polk, Melissa Powers, Shannon Roesler, J.B. Ruhl, Danielle Stokes, Anastasia Telesetsky

Articles

The Stockholm Resilience Centre has concluded that the number of "planetary boundaries" we are crossing has increased from three in 2009, when the Centre's researchers first introduced the concept, to six in 2023. Crossing these boundaries means humans are changing basic attributes of planetary systems to the point of risking the future of civilization. And the distinction between "safe" and "just" planetary boundaries raises questions regarding how to conceptualize the "good life." In this latest in a biannual series of essays, members of the Environmental Law Collaborative explore conceptions of the "good" as well as the various elements necessary to …

Intellectual Property, Genetic Resources, And Associated Traditional Knowledge, N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy

Faculty Scholarship

The recently concluded WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge mandates disclosure requirements in patent applications, thereby creating an obligation to attribute the use of genetic resources and traditional knowledge. The WIPO member countries thus have an opportunity to modify their national patent laws, so that they can effectively control genetic resources and traditional knowledge. This article examines the choices that the biodiversity-rich countries have when designing their national legal systems to implement the treaty.

The Cycle Of Delegitimization: Lessons From Dred Scott On The Relationship Between The Supreme Court And The Nation, Jonathon J. Booth

UC Law Constitutional Quarterly

This Article examines how Chief Justice Taney’s opinion in Dred Scott v. Sandford sparked a cycle of delegitimization that parallels contemporary debates about the Supreme Court’s legitimacy crisis. Part I explicates how one family’s fight for freedom in Missouri reached the Supreme Court, the resulting radical decision, and the nation’s reaction to show the initial stages of this cycle. Part II examines the impact of Dred Scott on politics and law during the James Buchanan administration (1857–1861). During this period, the federal government, Southern states, and some Western territories swiftly implemented the decision, for example by expelling free Black residents. …

Identity And Procedural Subordination In Lgbtq Religious Exemption Cases, Kyle C. Velte

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

This Article proceeds in four Parts. Part I summarizes the legal literature on procedural injustice. Part II briefly describes the white Christian nationalism movement, its connection with the LGBTQ civil rights movement, and contends that it is an identity-based movement akin to traditional identity-based civil rights movements. Part III summarizes the holdings of the Religious Exemptions Trilogy [Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Fulton v. City of Philadelphia, and 303 Creative LLC v. Elenis] and makes the argument that they are strongly procedural decisions. Part IV contends that the Court has engaged in identity-based …

Discrimination, Model Rule 8.4(G), And The Aba’S Quixotic Quest For Uniformity, Alex B. Long

Washington and Lee Law Review

Under American Bar Association (“ABA”) Model Rule 8.4(g), it is professional misconduct for a lawyer to engage in conduct related to the practice of law that the lawyer knows, or reasonably should know, is harassment or discrimination on the basis of race and other protected characteristics. Widespread concerns over the breadth and lack of clarity concerning the rule have triggered substantial criticism, including the refusal of multiple states to adopt this model rule. Instead, several states have responded by introducing alternative versions of Model Rule 8.4(g) or by applying older rules of professional conduct in the case of discriminatory speech …

How The Settler State Continues To Dispossess: Infrastructural (Dis)Entitlement On The Critical Minerals Frontier, Dayna Nadine Scott

All Papers

The scramble for critical minerals to fuel the energy transition is driving new extractive frontiers across the globe. In Ontario’s far north, settler state authorities and extractive firms are engaged in coordinated tactics to gain ground amidst a growing polarization in positions of Indigenous leadership. There is both a surging resistance to, and a resigned acceptance of, critical minerals mining by First Nations. Drawing on years of community-engaged research, I detail here the contemporary state tactics of infrastructural (dis)entitlement; infrastructural needs are both denied and fulfilled to differential effect. Infrastructural disentitlement is passive; it is not necessarily deliberate, nor is …

Illinois’S Home District Illusion, Joe Lehman

Northern Illinois University Law Review

The current constitution of the State of Illinois creates a single appellate court. This structure lends itself to the conclusion that the decisions of one district of the appellate court bind all lower courts equally. While this is often the case, a judicially created exception exists when a conflict arises between different districts. When such a conflict arises, circuit courts must adhere to the decision (if one exists) from their “home district” (i.e., the district in which the circuit court sits). This Note argues that this rule is incompatible with the Illinois Constitution. Section I introduces the home district illusion …

The Implications Of Section 230 For Black Communities, Spencer Overton, Catherine Powell

William & Mary Law Review

Section 230 of the Communications Decency Act generally immunizes online platforms such as Facebook, YouTube, Amazon, and Uber from liability for third-party user content (for example, posts, comments, and videos) and for moderation of that content. This Article addresses an important issue overlooked by both defenders and critics of Section 230: the implications of the law and proposed reforms for Black communities in particular. By relieving tech platforms of most legal liability for third-party content, Section 230 helps facilitate Black social activism, entrepreneurship, and artistic creativity. Section 230 also relieves platforms of most legal liability for content moderation, which boosts …

Sackett V. Epa And The Future Of Wetland Protections, Dulaney Marsh

William & Mary Law Review

This Note will analyze prior CWA [Clean Water Act] jurisprudence to formulate a test that remains steadfast to Congress’s purpose in originally including “adjacent” wetlands and acknowledges the scientific understanding of wetlands’ relation to and impact on waters. Part I will provide an overview of the CWA legislation and its application in courts. Part II will specifically analyze the Sackett v. EPA decision in order to find a balance between the “significant nexus” and “continuous surface connection” tests. Part III will address criticisms surrounding the overreach of the CWA. Part IV will conversely address criticism concerning the Court’s decision to …

China And Global Trade Order Post Ukraine War: From Value Chains To Values Chains, Henry S. Gao

Research Collection Yong Pung How School Of Law

China has long been hailed as the biggest success story in economic development through integration into global value chains, especially since its accession to the WTO 20 years ago. However, it is much less well-known how China refitted the global value chain narrative to influence economic analysis and trade governance. At the same time, the value chains analysis also backfired when the U.S. tried to cut China out of its supply chains and pushed for decoupling with China, while China itself started to abuse its role in value chains for political gains. The process was further accelerated by the Ukraine …

Crypto Regulation (And De-Regulation) In The U.S. And E.U. And The Effects Of Each On Consumer Protection And Illicit Transactions, Bella Alonzo

The International Law Review Association Student Forum

The United States and the European Union face a wide disparity in regulation tactics for cryptocurrencies. With the recent rollout of the world’s first comprehensive crypto-asset regulation framework, the EU’s Markets in Crypto Assets Regulation (MiCA) has further exacerbated incongruities with the U.S.’s comparatively hands-off, scattered regulation strategy. The lack of uniform market regulation not only challenges compliance efforts, but it leaves critical gaps that have proved harmful for investors and opportune for criminals. Prioritizing international regulatory harmonization could result in continued growth of digital assets and a safer, more stable global crypto market, but the path forward is tense …

Fragmentation In Global Climate Governance: What Lessons From Covid-19?, Sivan Shlomo Agnon

Vanderbilt Journal of Transnational Law

No abstract provided.

The Intangible Divide: Why Do So Few Firms Invest In Innovation?, James Bessen, Xiupeng Wang

Faculty Scholarship

Investments in software, R&D, and advertising have grown rapidly, now approaching half of U.S. private nonresidential investment. Yet just a few hundred firms account for almost all this growth. Most firms, including many large ones, regularly invest little in capitalized software and R&D, and this "intangible divide" has surprisingly deepened as intangible prices have fallen relative to other assets. Using comprehensive US Census microdata, we document these patterns and explore a variety of factors associated with intangible investment. We find that firms invest significantly less in innovation-related intangibles when their rivals invest more. One firm's investment can obsolesce rivals' investments, …

The Three Eras Of Australian Practice On Mpas: The Interaction Between National And International Law And Policy, Ethan Beringen, Nengye Liu, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

Australia has attempted to position itself as a world leader in Marine Protected Area (MPA) practice through leveraging its significant national MPA network as well as its heavy involvement in the creation of high seas MPAs in the Antarctic. However, the quality of Australia’s domestic and international MPA practice have separately been subject to similar and convincing critiques. Despite this, little research exists which highlights how these two levels of law-making may interact regarding MPAs. Hence, the question to be addressed is: ‘How does Australia’s domestic and international MPA practice interact?’ Through drawing upon middle power theory to characterise this …

Access To Justice As Access To Data, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

This Keynote Address, delivered in celebration of the launch of SCALES, discusses the importance of making local and state court data available for research on the functioning of the American civil justice system. It describes the regulatory and administrative challenges of obtaining good-quality data from courts. It calls for a concerted effort among researchers and policymakers to develop open-source technologies for the development of case management systems and data infrastructure. And it urges researchers to foster a collaborative research ecosystem based on broadly sharing court data.

Analisis Perbandingan Struktural Dan Karakteristik Badan Usaha Milik Negara Indonesia Dengan Malaysia, Raihan Fathurrahman

Jurnal Hukum & Pembangunan

The comparative analysis of the structural and characteristic aspects of State-Owned Enterprises (BUMN) in Indonesia and Malaysia highlights differences in their approaches to managing these state-owned companies. In Indonesia, BUMN are regulated by Law No. 19 of 2003, which divides BUMN into Persero and Perum. However, bureaucratic structures with strict hierarchies and political intervention often hinder market efficiency and responsiveness. Meanwhile, Government-Linked Companies (GLCs) in Malaysia, under the supervision of Khazanah Nasional Berhad, demonstrate a more streamlined and flexible structure. They operate with higher autonomy and tight supervision, enabling quicker responses to market changes. In terms of governance, Indonesia applies …

Effects Of Gerrymandering On State Social Policy, Gary D. Brinker

eJournal of Public Affairs

Partisan Bias occurs when an election results in a party gleaning a significantly different proportion of legislative seats than the proportion of votes cast for that party. It can be strategically produced via gerrymandering and is thought by many to threaten the basic principles of democracy. This research uses the 2022 state election results to compute statewide measures of Partisan Bias, then analyzes the correlation with controversial state social policies. Results showed that the redistricting method used and the percent of the party’s legislators were related to Partisan Bias. Analysis also showed that Partisan Bias explains significant levels of variance …

Single Maritime Boundary And Dual Maritime Regimes: Case Study Of Indonesia, Bebeb Abdul Kurnia Nugraha Djundjunan, Huala Adolf, Achmad Gusman Siswandi, Damos Dumali Agusman

Indonesian Journal of International Law

Various judgements of international tribunals have shown a trend of the use of Single Maritime Boundary (SMB) in solving maritime boundary disputes. The application of SMB by international tribunals are based on the submission of the parties in dispute, typically to simplify the maritime boundary delimitation process. The concept of the SMB line, which puts the Exclusive Economic Zone and Continental Shelf boundaries into one line, has grown into a deceptive perspective when taking into account that the provisions under the 1982 UNCLOS, particularly Articles 74 and 83, are the same. The application of SMBs is likely to be disadvantageous …

The Paradox Of Visibility: Anti-Blackness, Pathologization, And The Limitations Of Canadian Criminal Law, Danardo Sanjay Jones

PhD Dissertations

This dissertation offers a quadripartite analysis of the endemic nature of anti-Black racism within Canadian criminal law, contributing to the growing body of Canadian critical race theory (CRT) literature and advancing the field of race-conscious doctrinal work on Canadian criminal law. Each chapter engages the system along different axes: (a) the temporal, procedural axis – moving from policing to the trial process to criminal sentencing; (b) the micro to the macro axis, with chapters that range from an individual case study to an analysis of a small constellation of recent court decisions, to a more theoretical analysis of foundational theories …

Considerations Of Medicare Telehealth Services With Older Adults, Sonah Kho, Amanda Dediego

Adultspan Journal

The onset of the COVID-19 pandemic set in motion a rapid expansion of mental health services offered via telehealth. With this rapid expansion came the need to examine how policy and practice should be shaped in a future where telehealth is considered common in counseling practice. For counselors to understand how to support older adult clients in using telehealth services, they must understand telehealth policy. Following the eligibility of licensed counselors to participate in Medicare, counselors need to stay abreast of regulatory changes regarding restrictions and regulations on use of telehealth for mental and behavioral health services, including video and …

Brown V. Board Of Education: Enduring Caste And American Betrayal, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

This article reflects on the role of residential caste in reproducing school segregation and how the Supreme Court betrays the equality principles of Brown by applying a colorblind constitutionalism that renders so-called de facto residential caste, and subsequent school segregation, acceptable.

During the seven-decade Great Migration of the 20^th century, northern cities deployed policies to create an architecture of inequality in which African Americans and white Americans did not live in the same neighborhoods. While the Fair Housing Act of 1968 rendered intentional discrimination in housing markets illegal, and the Court also ruled against forms of intentional housing discrimination, …

A Flexible Approach To Reach An Equitable Solution: The Application Of Principles To The Delimitation Of The Continental Shelf, Ángeles Jiménez García-Carriazo

International Law Studies

The delimitation of the continental shelf is an old exercise shaped by case law and State practice. Although every delimitation is unique, judicial practice has provided guidance about the principles to be applied in pursuit of an equitable solution. This article examines the guiding doctrines, the contemporary principles, and the emerging principles and rules in the delimitation of the continental shelf. It first analyzes the role of principles in continental shelf delimitation within two hundred nautical miles. Subsequently, it examines whether the same principles apply to the delimitation of the extended continental shelf, considering that the entitlement within two hundred …

Maritime Incidents In The South China Sea: Measures Of Law Enforcement Or Use Of Force?, Aurel Sari

International Law Studies

China has sought to extend its control over the South China Sea at the expense of neighboring countries. In pursuing its goals, Beijing adopts a “power and law” approach, claiming extensive territorial and maritime rights in contravention of the UN Convention on the Law of the Sea and asserting these rights through coercive action in disputed waters. A key element of China’s strategy involves the use of coast guard and maritime militia vessels in an effort to portray its operations as measures of law enforcement, rather than displays of coercive power.

This article argues that the Chinese narrative of law …

Zaufanie Społeczne A Uwarunkowania Psychologiczne Atrakcyjności Oferty Sektora Fintech Wśród Klientów Indywidualnych Banków, Krzysztof Świerszczak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Latest research shows that social trust has ceased to be an element of the competitive advantage of banks over enterprises that use innovation in the process of providing financial services. Moreover, consumers trust companies belonging to the FinTech (Financial/Technology) sector to a greater extent than banks. In this context, the determinants of consumer decisions, in particular psychological ones, should be analyzed. These are individualized in the context of each choice made by the consumer, and in the face of the observed comparable level of consumer trust in FinTech entities and banks. They may indicate significant differences in the perception of …

Gladys Mitchell House Collection, Dan Bonenberger, Jaclyn Panter, Katherine St. Amand, Ian Tomashik, Kate Zorn

Digital Heritage Preservation Collection

This collection explores the life of Gladys Mitchell and the home she shared with her family on Detroit's Eastside. Gladys and her husband, Ossian Sweet, lived with her parents Benjamin and Rosella in a residence on 9322-24 Cairney Street from 1922 to 1925 before moving to the now-historic bungalow at 2905 Garland Street, located about a mile southeast. In 1925, when the Sweets moved into an all-white neighborhood, their experience led to a landmark Supreme Court case that affirmed African Americans' rights to homeownership, including the right to defend their private property.

Benjamin Mitchell and his wife, Rosella, rented the …