Digital Commons Network^™

How Can Generative Ai (Genai) Enhance Or Hinder Qualitative Studies? A Critical Appraisal From South Asia, Nepal, Niroj Dahal

The Qualitative Report

Qualitative researchers can benefit from using generative artificial intelligence (GenAI), such as different versions of ChatGPT—GPT-3.5 or GPT-4, Google Bard—now renamed as a Gemini, and Bing Chat—now renamed as a Copilot, in their studies. The scientific community has used artificial intelligence (AI) tools in various ways. However, using GenAI has generated concerns regarding potential research unreliability, bias, and unethical outcomes in GenAI-generated research results. Considering these concerns, the purpose of this commentary is to review the current use of GenAI in qualitative research, including its strengths, limitations, and ethical dilemmas from the perspective of critical appraisal from South Asia, Nepal. …

The Propriety Of Restraint: Assessing The Viability And Wisdom Of Executive And Legislative Branch Action To Eliminate Collective Bargaining Rights In The Department Of Defense, Casey Keppler

Hofstra Labor & Employment Law Journal

Department of Defense civilian employees are generally permitted to be represented by unions who can engage in collective bargaining with the management on their behalf. In contrast with the private sector, unions representing federal government employees are prohibited from striking and are severely restricted in the topics they can negotiate with management. Given these limitations and the consternation collective bargaining can cause management officials, the question can reasonably asked whether unions’ existence in the federal sector enhance or impair the enterprise. This article discusses the mechanisms available to the Legislative and Executive Branches to eliminate the collective bargaining rights of …

Salvaging Federal Domestic Violence Gun Regulations In Bruen’S Wake, Bonnie Carlson

Washington Law Review

Congress passed two life-saving laws in the mid-1990s: a protection order prohibition, which bars firearm possession for protection order respondents, and the Lautenberg Amendment, which bars firearm possession for those convicted of misdemeanor crimes of domestic violence. Both laws have been repeatedly upheld by federal courts nationwide in the nearly thirty years since their enactment. Both faced renewed constitutional challenges after the United States Supreme Court’s foundation-shifting decision in New York State Rifle & Pistol Ass’n v. Bruen on June 23, 2022. The Lautenberg Amendment has fared well; every court to consider it post-Bruen has upheld it. Courts have …

Eavesdropping, The Fourth Amendment, And The Common Law (Of Eavesdropping), Donald A. Dripps

William & Mary Bill of Rights Journal

This Article addresses two of the most momentous and controversial issues raised by the Fourth Amendment. These issues are closely related but distinct. First, is eavesdropping a “search” subject to the Fourth Amendment? Second, are Fourth Amendment “searches” limited to the interests against physical intrusion protected by the common-law torts of trespass and false arrest?

[...]

Remarkably, the debate about the Fourth Amendment, the common law, and eavesdropping has almost completely ignored the common law of eavesdropping. This Article is the first to consider the Fourth Amendment in light of an in-depth examination of the common law’s prohibition of …

Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins

UMKC Law Review

The creation of a specialized, “problem-solving” court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they do so effectively – at least according to their many proponents, who celebrate them as an example of a successful “evidence-based,” data-driven reform. But the actual data on their efficacy is underwhelming, inconclusive, or altogether lacking. So why do they persist?

This Article seeks to answer that question by scrutinizing …

Desettling Fixation, Emily Behzadi Cárdenas

North Carolina Law Review

No abstract provided.

Reinventing The “Inventive Concept”: Applying Copyright’S Merger Doctrine To Patent Eligibility, Kengyeh Chu

North Carolina Law Review

No abstract provided.

Outcome Reasons And Process Reasons In Normative Constitutional Theory, Lawrence B. Solum

Faculty Scholarship

Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make some arguments that seem clearly fallacious and advance proposals that are pie in the sky. One of the reasons for the mess is an overreliance by constitutional theorists on “outcome reasons,” justifications that rely on the theorist’s beliefs about what outcomes are good and what outcomes are bad. This outcome-drive approach is exemplified by the so-called “canonical cases” argument, which evaluates positions in normative constitutional theory on the basis of its counterfactual implications for a handful of prior decisions of the Supreme Court. …

Uncompelled: Circuits Split Over The Pre-Hearing Discovery Powers Of Arbitrators, Maya Rashid

Arbitration Law Review (2009 - Present)

No abstract provided.

When All Else Fails: The Doctrine Of Foreign Equivalents As A Bar To Cultural Misappropriation, Stephanie H. Soh

William & Mary Law Review

This Note argues that under trademark law, the doctrine of foreign equivalents can be utilized to prevent some aspects of legally enforced cultural misappropriation. While it would be impossible to solve cultural misappropriation in one written piece, this Note proposes that the doctrine can serve to prevent applicants from obtaining trademark protections for certain foreign words.

Part I of this Note provides background on cultural misappropriation and the doctrine of foreign equivalents. Part II argues why the doctrine of foreign equivalents is poised to solve some of the harms of cultural misappropriation both in its structure and purpose. Part III …

Doing Things With The Language Of Law And Gender: Using Speech Act Theory To Understand The Meaning And Effect Of The Gender Identity Backlash, Susan Etta Keller

Nevada Law Journal

A significant legal backlash against transgender individuals is currently under way. This movement--which includes state legislation, state executive action, and federal cases--seeks to limit access and participation by transgender individuals in school sports, use of bathrooms, access to appropriate care, and even the right to be addressed appropriately in the classroom. Properly understood as a political backlash in response to previous political gains by transgender individuals, this movement is composed of a series of speech acts: language that makes change in the world and alters human relations. This article identifies the features of the backlash and the power dynamics that …

“Major” Challenges For Lower Courts: Inconsistent Applications Of The Major Questions Doctrine In Lower Courts After West Virginia V. Environmental Protection Agency, Sarah A. Schmoyer

Fordham Law Review

Under the major questions doctrine, an agency requires clear congressional authorization to regulate on an issue of major national significance. Although a version of the doctrine has existed for several years, its rise in importance is recent. The U.S. Supreme Court invoked the doctrine by name for the first time in 2022 in West Virginia v. Environmental Protection Agency, warning that in certain “extraordinary cases,” the “history and the breadth” and the “economic and political significance” of the agency action may “provide a reason to hesitate” before accepting the agency’s authority. West Virginia has since inspired a wave of …

Generative Ai In Finance: Risks And Potential Solutions, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

Generative Artificial Intelligence captured the attention of academics, policymakers, the private sector, and some regulators in 2022 after the launch of ChatGPT and its widespread adoption worldwide. Then, during the World Economic Forum session in 2023, Microsoft Chairman and Chief Executive Officer Satya Nadella said that the ‘golden age’ of AI is underway and generative AI is set to play a big role in it. Accordingly, Microsoft has invested billions of dollars into OpenAI, the company behind the launch of ChatGPT. Additionally, Google and Meta have also created their own generative AI models. Given the multiplicity of potential use cases …

A Staged Framework For Llm-Powered Information Extraction In Government Contracts, Jung H. Yae

Theses and Dissertations

The manual extraction of meaningful insights and conversion of content into structured forms to enhance document processing require substantial resources and are susceptible to errors. Despite numerous applications of various Natural Language Processing (NLP) models to streamline the manual process, challenges persist due to domain-specific data constraints and the deficiency of annotated data. This study attempts to address these challenges by leveraging a Large Language Model (LLM) to analyze government contracts. Through rigorous evaluation, we demonstrate the LLM’s effectiveness in information extraction and mitigating hallucinations, achieving a 87.86% accuracy in metadata extraction.

Standing Between Private Parties, Thomas P. Schmidt

Faculty Scholarship

Standing is generally framed as a doctrine about plaintiffs. The basic question, the Supreme Court has said, is “whether the plaintiff is the proper party” to invoke the federal judicial power. Asking that question tends to obscure a natural corollary: Against whom? This Article attends to the other side of the “v.” It argues that suits against private parties should be treated differently from suits against government officials for standing purposes because these two types of suits raise different structural concerns. Notwithstanding its focus on plaintiffs, the Supreme Court has said repeatedly that standing is “built” on the “single basic …

The Great Depression And Canada's Major Originalist Decade, Preston Jordan Lim

Osgoode Hall Law Journal

Few periods of Canadian history have been as momentous or terrible as the Great Depression. The Dominion and provincial governments’ inability to combat financial and environmental catastrophe led many Canadians to openly question the appropriateness of their constitutional framework. As legal historians have since documented, many leading jurists of the time believed that a strong central government could, through the institution of national programs, contain the Great Depression; in the eyes of these 1930s jurists, the Judicial Committee of the Privy Council—then Canada’s apex court—had sapped the federal government of its powers by misinterpreting the British North America Act, 1867 …

Stochastic Terrorism, Speech Incantations And Federal Tax Exemption, Darryll K. Jones

New Mexico Law Review

No abstract provided.

The Myth Of Anonymity: De-Identified Data As Legal Fiction, Elodie Currier Stoffel

New Mexico Law Review

The unregulated collection, processing, and sale of consumer data has led to a plethora of social and legal issues. As regulators attempt to catch up with the “move fast and break things” ethos of tech innovation, “de-identified” or “anonymized” data has remained broadly unprotected. However, computer science literature shows us that “de-identified” data is a legal fiction. This Article examines the source of the de-identification fiction, analyzes the definitions in new state laws which attempt to close the loophole, tracks potential harms, and proposes a legislative solution which aims to ameliorate some of the legal fictions’ negative impacts. Part I …

Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait

Chicago-Kent Law Review

No abstract provided.

Covid-19 Risk Factors And Boilerplate Disclosure, Stephen J. Choi, Mitu Gulati, Xuan Liu, Adam C. Pritchard

Law & Economics Working Papers

The SEC mandates that public companies assess new information that changes the risks that they face and disclose these if there has been a “material” change. Does that theory work in practice? Or are companies copying and repeating the same generic disclosures? Using the shock of the COVID-19 pandemic, we explore these questions. Overall, we find considerable rote copying of boilerplate disclosures. Further, the factors that correlate with deviations from the boilerplate seem related more to the resources that companies have (large companies change updated disclosures more) and litigation risks (companies vulnerable to shareholder litigation update more) rather than general …

Acting On Media Freedom: The Proposed European Media Freedom Act (Emfa) Of The European Union, Mark D. Cole

University of the Pacific Law Review

No abstract provided.

Corpus Linguistics And The Original Public Meaning Of The Sixteenth Amendment, Thomas R. Lee, Lawrence B. Solum, James C. Phillips, Jesse A. Egbert

Duke Law Journal Online

Moore v. United States raises the question whether unrealized gains, such as an increase in property value or a stock portfolio, constitute “incomes, from whatever source derived” under the original meaning of the Sixteenth Amendment. Moore is widely viewed as the most important tax case to reach the United States Supreme Court in decades. It is also an opportunity for the Court to refine its theory and method of finding original meaning.

We focus here on the original public meaning of the Sixteenth Amendment—the ordinary, common meaning attributed to its text by the general public in 1913. So far, the …

The Problem Of Communication Of The Sign And Symbol In The Design Of The Brand In Society: The Differences Resulting From Forgery And Imitation (Analytical Study), Sattar Al-Juboori

Middle East Journal of Communication Studies

The research problem focused on studying the consequences of communicating through signs and symbols in the context of the current world, given the huge amount of diverse industrial and commercial products and the challenges related to distinguishing those products. The research aims to find out the problem of perception of the sign and symbol in the designs of logos and trademarks for the consumer, the role that the sign or symbol plays in the symbolic representation of the consumer, and the desires and motivations that the brand raises for the consumer in the purchasing process. The research community is limited …

Grágás And The Legal Culture Of Commonwealth Iceland, William Ian Miller

Book Chapters

The subject of this chapter is Grágás, the compilation of the laws of Iceland in the Commonwealth period. The chapter begins by outlining the court structure of Iceland and the fundamentals of legal procedure, briefly discussing the importance of law to the conversion narrative in Íslendingabók and its account of the first decision to put Iceland’s laws into writing. It describes the distinctive concepts and customs which underlie the legal system of medieval Iceland, looking at the role of the búi (neighbour) in legal procedure, and explaining the key concepts of helgi (the right of inviolability), grið (domicile, or household …

“Genocide Of The Soviet People”: Putin’S Russia Waging Lawfare By Means Of History, 2018–2023, Anton Weiss-Wendt

Genocide Studies and Prevention: An International Journal

This article exposes the political underpinnings of the term “genocide of the Soviet people,” introduced and actively promoted in Russia since 2019. By reclassifying mass crimes committed by the Nazis and their accomplices against the civilian population—specifically Slavic—as genocide, Russian courts effectively engage in adjudication of the history of the Second World War. In the process, genocide trials, ongoing in twenty-five Russian provinces and five occupied Ukrainian territories, present no new evidence or issue new indictments, thus fulfilling none of the objectives of a standard criminal investigation. The wording of the verdicts, and a comprehensive political project put in place …

Shadows Or Forgeries? Explaining Legal Normativity, Alma Diamond

Fellow, Adjunct, Lecturer, and Research Scholar Works

Legal norms serve as practical standards for individuals and officials. While this ‘normative aspect’ of law is widely acknowledged, its significance for theories of law remains contested. In this paper, I examine three views on the matter. First, that we should explain legal norms as reason-giving. Second, that we should explain legal discourse as being about reasons for action. Third, that we should explain law as capable of being reason-giving. I survey some challenges associated with each of these views. What they have in common is an implicit assumption about the form that normative explanation must take: that it must …

A Look Into Nagpra: Application, Issues, And The Future, Gabrielle Despain

Wyoming Law Review

During Colonization, American Indian tribes lost homes, language, and culture. The Native American Grave Protection and Repatriation Act (NAGPRA) was passed to help rebuild the relationship with American Indian tribes after it had been destroyed during colonization. NAGPRA sets forth laws regarding the repatriation of remains and cultural objects which are being held in museums and by federal agencies. The legislative history behind this act shows Congress worked hard to find the best device to help with repatriation. However, NAGPRA’s language left holes in the law which led to different issues argued in litigation. Many American Indians began feeling that …

Corpus Linguistics And The Original Public Meaning Of The Sixteenth Amendment, Thomas R. Lee, Lawrence B. Solum, James C. Phillips, Jesse A. Egbert

Faculty Scholarship

Moore v. United States raises the question whether unrealized gains, such as an increase in property value or a stock portfolio, constitute “incomes, from whatever source derived” under the original meaning of the Sixteenth Amendment. Moore is widely viewed as the most important tax case to reach the United States Supreme Court in decades. It is also an opportunity for the Court to refine its theory and method of finding original meaning.

We focus here on the original public meaning of the Sixteenth Amendment—the ordinary, common meaning attributed to its text by the general public in 1913. So far, the …

The Evolution Of Infamous Crimes As Related To Grand Jury Incorporation, Gregory Velloze

Montana Law Review

No abstract provided.

A Modified Functionalist Theory Of The Constitutional Separation Of War-Making Powers, Yang Liu

Montana Law Review

No abstract provided.