Digital Commons Network^™

James Moyle V. Brianna Moyle : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from ruling of the Honorable Judge Jennifer Mabey of the Fourth Judicial District in and for Wasatch County as to a Petition for Divorce under U.C.A. § 30-3-1, et. seq.

Brody N. Miles, 15201 Moody Brown Law Attorney for James Moyle

Sarah Jenkins Dewey Bart Johnsen Hannah Ector Parsons Behle & Latimer Attorneys for Brianna Moyle

Defending Critical Race Theory, Nick J. Sciullo

Seattle University Law Review Online

Recent attacks on Critical Race Theory (CRT) have caused wide ranging discussions about CRT in a diverse number of disciplines, throughout all grade levels, and around the world in media. While CRT adherents have long wished for more engagement with CRT, the recent firestorm of attacks has been surprising at best, and horribly worrisome and frightening at worst. Efforts to ban CRT in schools, while likely not having much effect given the improbability that CRT is taught in any K-12 schools, have politicized CRT in new ways (though like all education, it was always political). Moreover, this engagement is clearly …

An Interdisciplinary Analysis Of Freshwater Wetlands With A Focus On Ecosystem Functions And Services, Michael Viteritto

Theses, Dissertations and Culminating Projects

Wetlands are one of the most productive ecosystems on Earth, though they only occupy a very small portion of the planet’s surface. They are highly sensitive ecosystems that have been undergoing an extended period of loss because of anthropogenic stress. Freshwater wetlands number among the most numerous on the planet, and in the United States they make up the overwhelming majority of wetland area. Geographically isolated wetlands (GIWs) are not directly connected to other surface water in a watershed. Freshwater wetlands provide a number of beneficial ecosystem services including climate control, erosion protection, nutrient removal and storage, flood control, food …

Wii Need Clarity: A Proposed Federal Amendment To Trademark Confusion Tests Through The Lens Of Esports And Electronic Word Marks, Patrick K. Doll

Marquette Sports Law Review

No abstract provided.

Even Laypeople Use Legalese, Eric H. Martinez, Francis Mollica, Edward Gibson

Faculty Scholarship

Whereas principles of communicative efficiency and legal doctrine dictate that laws be comprehensible to the common world, empirical evidence suggests legal documents are largely incomprehensible to lawyers and laypeople alike. Here, a corpus analysis (n=59 million words) first replicated and extended prior work revealing laws to contain strikingly higher rates of complex syntactic structures relative to six baseline genres of English.

Next, two pre-registered text generation experiments (n=286) tested two leading hypotheses regarding how these complex structures enter into legal documents in the first place. In line with the magic spell hypothesis, we found people tasked with writing official laws …

Global Guidance For Just Transition Policy: Policy Brief, Anna Dell'amico, Martin Dietrich Brauch, Lara Wallis, Alexandra A.K. Meisea

Columbia Center on Sustainable Investment

In 2015, the International Labour Organization (ILO) adopted Guidelines for a Just Transition Towards Environmentally Sustainable Economies and Societies for All, providing authoritative and valuable international guidance for just transitions. CCSI has conducted a comparative analysis of the application of the ILO Guidelines in South Africa and Germany and examined the extent to which the ILO Guidelines address energy transition challenges facing developing countries.

This CCSI Policy Brief summarizes the comparison between South Africa’s and Germany’s just transition policies and the ILO Guidelines. It also summarizes CCSI’s findings and recommendations to shape further guidance on just energy transition policymaking from …

Global Guidance For Just Transition Policy, Anna Dell'amico, Martin Dietrich Brauch, Lara Wallis, Alexandra A.K. Meisea

Columbia Center on Sustainable Investment

In 2015, the International Labour Organization (ILO) adopted Guidelines for a Just Transition Towards Environmentally Sustainable Economies and Societies for All, providing authoritative and valuable international guidance for just transitions. CCSI has conducted a comparative analysis of the application of the ILO Guidelines in South Africa and Germany and examined the extent to which the ILO Guidelines address energy transition challenges facing developing countries.

The CCSI report, Global Guidance for Just Transition Policy, provides detailed context on South Africa’s and Germany’s national socio-political and energy conditions and policies, and comprehensively examines the legal and policy instruments adopted by both countries …

Transforming Grassland Conservation: Challenges And Opportunities Across Law, Policy, And Human Dimensions, Conor D. Barnes

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

Great Plains social-ecological systems are facing growing pressure from complex, ‘wicked’ problems. Addressing these problems will require integrating ecological resilience and complex systems thinking concepts into our legal framework in order to better reflect the changing ecological reality of the Great Plains and promote flexibility and adaptability in the face of that change. In this dissertation, I examine how past and present policy priorities have affected social-ecological systems on the Great Plains, and how ecological resilience and complex systems thinking might be applied to grassland management policy. In Chapter 2, I examine the rapid progress made in the adoption of …

We're Swarming Again! Swarming, Collectivity, And Trope: The Case Of Extinction Rebellion, Tyler J. Behymer

Department of Communication Studies: Dissertations, Theses, and Student Research

This thesis explores the rhetoric of the eco-movement Extinction Rebellion, focusing on the use of swarming and nature tropes to mobilize collective action and revivify contemporary notions of collectivity. Drawing on rhetoric of social movement scholarship, cultural studies, and psychoanalysis, this essay theorizes swarming as a tropological economy that expands the conditions of propriety in the context of collectivity. Through an analysis of Extinction Rebellion’s discourse, this study demonstrates how the naturalization of swarming tropes works in various ways to rewild conventional political discourse, galvanize disruptive collective assembly, and challenge green neoliberalism.

Advisor: Casey Ryan Kelly

Artificial Intelligence And Administrative Justice: An Analysis Of Predictive Justice In France, Zouhaier Nouri, Walid Ben Salah, Nayel Al Omrane

All Works

This article critically analyzes the ethical and legal implications of adopting predictive analytics by the French administrative justice system. It raises a key question: Is it wise to integrate artificial intelligence into the administrative justice system, considering its potential benefits, despite the associated risks, ethical dilemmas, and legal challenges? The research employs a method based on an extensive literature review, a qualitative analysis of the adoption by the French administrative justice of predictive analytics tools, and a critical evaluation of the benefits and issues these tools bring. The study finds that AI can make the administrative justice system more efficient, …

Effortless Mindfulness Toolkit: Easy Meditation Scripts To Begin Each Class., Brett Whysel

Open Educational Resources

The Effortless Mindfulness in the Classroom Toolkit is an open educational resource designed to create happier classrooms, boost student engagement, and foster a sense of community through brief, effective mindfulness exercises. This comprehensive toolkit provides educators with everything they need to seamlessly integrate mindfulness practices into their teaching routines, regardless of prior experience. The toolkit includes introductory slides, 15 ready-to-use meditation scripts, and accompanying audio recordings, covering a variety of mindfulness techniques such as focused breathing, body scans, and loving-kindness meditations. Each meditation is paired with a reflective prompt to deepen student engagement and reinforce the benefits of mindfulness. Additionally, …

The Importance Of Counting All Immigrants For Apportionment And Redistricting, Tye Rush, Samuel Hall, Matt A. Barreto

UC Law Journal

How are non-citizens counted and accounted for in representation? Section 2 of the Fourteenth Amendment requires that all whole persons residing in a state are to be counted for apportionment and districting. Courts have interpreted Section 2’s requirement to include women (before the Nineteenth Amendment), non-citizens, and people under 18 years old. Yet today, some states are attempting to exclude non-citizens from apportionment and representation by using a citizen population calculus. This stands in contrast to more than 225 years of practice and to nearly all modern legal interpretations of representation. In landmark 1960s cases such as Wesberry v. Sanders …

First Diffusion Course: "The Structure Of Language As A Connection Between Artificial Intelligence, Information And Ethics", Dioneia Monte-Serrat

Journal of Humanistic Mathematics

From August 22nd to November 21st, the first Diffusion Course on “The structure of language as a connection between artificial intelligence, information and ethics” will take place on a Thursday of each month, in Ribeirao Preto, Brazil. You are cordially invited to sign up for in-person classes and join other researchers and students on this course.

The Role Of Salimah Mass Organization In Build The Family Resilience (Case Study In Cimanggis Sub-District, West Java, 2019-2022), Izzah Asy Syahidah, Basuni Imamuddin

International Review of Humanities Studies

Weak family resilience can cause various problems for family or society. Ideally, building family resilience is also needed society support. It will be more efficient if there is a place where people work together, such as a mass organization. One of the organizations that has contributed in building family resilience is Salimah (Muslimah Association). It is a mass organization of Indonesian Muslim women that focuses on providing solutions to improve the quality of women, children, and families. Salimah has many programs aimed at building family resilience. This study aims to examine Salimah’s role in building family resilience in Cimanggis sub-district, …

Phylogenetic Analysis Of Anthropomorphic Rock Art: A Study Of Material Culture Evolution, Muhammad Faisal Chair, Ali Akbar

International Review of Humanities Studies

This paper provides an explanation of the application of phylogenetic analysis, derived from biology, to be applied in archaeology with the aim of observing evolutionary phenomena, the development of ideas, and the dissemination of ideas from material culture. Phylogenetics will be applied to data on anthropomorphic motifs at five rock art sites in West Sumatra: Gua Lidah Air, Gua Runjo, Ngalau Tompok Syohiah, Batu Basurek, and Gua Basurek. The main stages in this analysis involve collecting representative data in the category of distinctive values from each rock art site. Distinctive values data is obtained through observation and identification of morphological …

The Philosophy Of Spirits Purification In The Ritual Entas-Entas In Wonotoro Village As The Identity Of The Tengger Community, Turita Indah Setyani, Titik Pudjiastuti, Rias Suharjo, Mamlahatun Buduroh, Mu’Jizah Mu’Jizah, Dwi Rahmawanto

International Review of Humanities Studies

This paper examines the Ritual Entas-entas as a purification ceremony for spirits in Wonotoro Village, Tengger. The ritual originates from a manuscript believed to aid in purifying the spirits of deceased family members. This ritual has been passed down orally. However, the manuscript serving as the reference for the ritual can no longer be traced. The issue is, how the sustainability of the Ritual Entas-entas in Wonotoro Village, Tengger? The research aims to demonstrate that the Tengger community possesses a collective memory strength and high adherence to traditional rules as part of everyday religious practice. The research utilizes ethnographic methodology …

Law, Language, And Authority: The Algorithmic Turn, Amanda Turnbull

PhD Dissertations

Law is formed by language and law utilizes language. Law is also like language in that it consists of social rules that aid in the structuring of society. From the time that we first put language into writing, we have been invested in the technologizing of language. There is a clear trajectory of our interest in having machines do things with language that we would otherwise do ourselves. This dissertation investigates how law’s relationship with language changes with the use of algorithmically driven technologies, and correspondingly, the consequences for the changing nature of authority since the use of language in …

How To Situate High School Student Part-Time Work Trends: An [Incomplete] Empirical Glance, Michael Heise

Arkansas Law Review

Recent federal warnings about increases in child labor law violations coincide with various state efforts to dilute child labor protections. This Article confines itself to the array of outcomes attributable to lawful part time work performed by non-trafficked, full-time, U.S. high school students. This Article sets out to develop two modest and separate—though related—claims. The first claim is that clear and reliable answers do not emerge for such basic policy questions as, for example, whether student part-time work during high school constitutes a penalty or, instead, confers rewards to students. This Article’s second claim is methodological. Specifically, much of the …

Atrocity Prevention In The Digital Era: Adapting Norms, Laws, And Code To Changes In The Ways Atrocities Are Committed, David J. Simon, Samhitha Josyula, Joshua Lam, Julian D. Melendi

Genocide Studies and Prevention: An International Journal

Emerging digital technologies have changed some of the ways that genocides are planned and executed. This paper examines those differences, calling attention to how changes in the execution of genocide should prompt a shift in the approaches to atrocity prevention. It develops a conceptual framework addressing how atrocity prevention efforts might adapt to new technology within three realms of potential prevention efforts: the ethical (norms), the legal (laws), and the digital (code).

Sea Ice And The Law Of The Sea: The Myth Of Article 234, Amanda H. Lynch, Charles H. Norchi

Ocean and Coastal Law Journal

The sea ice of Article 234 of UNCLOS represents not the physical ice of the Arctic Ocean but a negotiated myth of ice as it affects the Arctic littoral states. The stability of this prescription is threatened by anthropogenic climate change causing a preferential evacuation of ice from the eastern Arctic compared to the western Arctic, as well as expectations for a possible future ice-free Arctic. This is leading to an intensification of claims on marine space. The irreducible uncertainties of the future trajectory of Arctic change demands a dynamic response. The myth of Article 234 will ultimately align with …

Mitigating Algorithmic Bias: Strategies For Addressing Discrimination In Data, Sonia Gipson Rankin

Faculty Scholarship

This article examines the pervasive issue of algorithmic bias, particularly within large language models (LLMs) and the legal system. It argues that unlike simple programming bugs, these biases are deeply ingrained in the design and training data of artificial intelligence (AI) systems. By understanding the historical roots of bias and its realworld consequence across various sectors, we can develop effective strategies to mitigate its impact and ensure AI serves as a tool for progress. Weaving together historical insights, case studies, and forward-looking recommendations, the article aims to equip legal professionals with the knowledge and tools necessary to lead the charge …

Research On The Influence Of Network Public Opinion On Criminal Legislation In Major Drug Safety Events, Tianyu Guo, Shulin Zhao, Zheng Li, Jie Hao, Siyao Jia

Journal of Scientific Information Research

[Purpose/significance]Drug safety has a significant responsibility and is related to people's life and health. Through the network public opinion of typical drug safety incidents, judicial data of drug crime system, and evidence of actual legislative adjustment, the evolution law between public opinion, justice and legislation was explored.[Method/process]Taking the case of Lu Yong purchasing anti-cancer drugs and the case of Changchun Changsheng fake vaccine as examples, the public opinion data related to the events on Sina Weibo were extracted, and the SnowNLP method, integrated model based on logistic regression model (LR) and gradient lifting decision Tree (GBDT) were used to conduct …

Removing Methane Via Atmospheric Oxidation Enhancement: The Legal Framework, Romany M. Webb, Martin Lockman, Korey Silverman-Roati

Sabin Center for Climate Change Law

To achieve the Paris Agreement’s goal of limiting the increase in global average temperatures to “well below 2 degrees Celsius,” and ideally 1.5 degrees Celsius, above pre-industrial levels, global greenhouse gas (“GHG”) emissions must reach net zero in the second half of the century. The global community is not currently on track to achieve net zero emissions. In fact, with the exception of a slight dip during the Covid-19 pandemic, emissions have risen steadily in recent years. This, together with the increasingly visible impacts of climate change, has prompted growing interest in the possibility of removing GHGs directly from the …

Taxation Of Information And The Data Revolution, Yariv Brauner

UF Law Faculty Publications

Existing and universal income tax rules are inherently incompatible with an economy in which information-based transactions play a significant role. This Article contends that income taxation is incapable of taxing information effectively. It goes on to argue that this incapability currently necessitates reform, and it offers three viable paths to such reform: consumption taxation, data taxes, and formulary taxation. The Article concludes that formulary taxation is currently the most desirable and plausible path to effective reform, owing to its promise to best stabilize and maintain the legitimacy of the international tax regime.

Coin Center V. Yellen Prompts Reconsideration Of The Vast Deference Afforded To The Department Of The Treasury, Emily Arterbury

Catholic University Law Review

This Comment examines the legal implications of the sanctions issued by the Department of the Treasury’s Office of Foreign Asset Control against Tornado Cash, an application that enables user privacy protection in transactions on the Ethereum blockchain. With the rapid expansion of the digital asset revolution, policymakers remained puzzled as to how to best establish a regulatory scheme that protects consumers without chilling innovation and investment in the digital asset market. The Office of Foreign Assets Control’s issuance of sanctions against Tornado Cash was an attempt to regulate an extremely volatile and unpredictable market. These sanctions prohibited all licit activity …

Finding Condorcet, Nicholas O. Stephanopoulos

Washington and Lee Law Review

Instant-runoff voting (“IRV”) is having a moment. More than a dozen American localities have adopted it over the last few years. So have two states. Up to four more states may vote on switching to IRV in the 2024 election. In light of this momentum, it’s imperative to know how well IRV performs in practice. In particular, how often does IRV elect the candidate whom a majority of voters prefer over every other candidate in a head-to-head matchup, that is, the Condorcet winner? To answer this question, this Article both surveys the existing literature on American IRV elections and analyzes …

Protecting Minority Representation In An Era Of Political Polarization And The Hollowing Out Of Voting Rights Protections, Henry L. Chambers Jr.

Washington and Lee Law Review

The United States Supreme Court has hollowed out various voting rights protections, leaving all voters—minority and nonminority—less protected in a politically polarized America. Surprisingly, the Court has continued to protect representation for minority race voters who live in racially polarized areas. However, minority race voters risk losing that protection, typically provided through majority-minority districts authorized under the Voting Rights Act, if they build cross-racial coalitions with their neighbors. Under the Court’s interpretation of the VRA, cross-racial voting coalitions may be less protected than local majorities comprised of a single race of voters. The loss of such protection could leave their …

Quantitative Evaluation Of Security Intelligence Policy Texts In China: Text Analysis Based On Pmc Model, Bin Zhang

Journal of Scientific Information Research

[Purpose/significance]Analyzing the laws, regulations and policies related to security intelligence in China can not only provide reference for decision-making, but also effectively enrich the connotation of China's overall national security concept. [Method/process]Using the LDA topic model, text mining was conducted on laws, regulations and policies related to security intelligence in China, and theme words were extracted from them. At the same time, based on the selection of policy indicators by existing scholars, scientifically select and design evaluation indicators for China's security intelligence laws, regulations, and policies. Referring to the overall national security concept, several representative policy contents were selected for …

The Ethics Of Artificial Intelligence, Justice Gordon Goodman

UC Law Business Journal

No abstract provided.

Generative Artificial Intelligence: The Protection Of Personal Data And Countering False Narratives About The Person, Warren B. Chik

Research Collection Yong Pung How School Of Law

Generative artificial intelligence (“Gen AI”) has rapidly become ubiquitous on online platform services, from chatbots and virtual assistants to search engines and social media. This generated concerns over potentially harmful effects from its use in both social and professional settings, including the added threats to personal data privacy and accuracy of personal information. In this article, the author will explain how Gen AI operates and why it gives rise to these issues, examine the policy and law relating to Gen AI, both existent and anticipated, and suggest possible solutions to the problems in the form of legal and non-legal measures.