Digital Commons Network^™

Encryption Backdoors And The Fourth Amendment, Robert M. White

Marquette Law Review

The National Security Agency (NSA) reportedly paid and pressured technology companies to trick their customers into using vulnerable encryption products. This Article examines whether any of three theories removed the Fourth Amendment’s requirement that this be reasonable. The first is that a challenge to the encryption backdoor might fail for want of a search or seizure. The Article rejects this both because the Amendment reaches some vulnerabilities apart from the searches and seizures they enable and because the creation of this vulnerability was itself a search or seizure. The second is that the role of the technology companies might have …

An Impossible Burden: A Comment Supporting Revision Of Wisconsin’S Parenthood As A Result Of Sexual Assault Statute, Gabriella Humblet

Marquette Law Review

The Wisconsin statute that regulates termination of parental rights (TPR) as a result of sexual assault is untenable and in need of revision. The current statute is far too stringent to be practically implemented, which is especially true in involuntary TPR proceedings.

This Comment seeks to explain why Wisconsin’s current statute for TPR as a result of sexual assault is flawed. First, this Comment gives background by detailing rape statistics in the United States to explain why the possibility for TPR exists when a conception results from a sexual assault. Second, Wisconsin adopts a position that is at odds with …

Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes

Seattle University Law Review

The information we gathered during 2021–2023 shows that critical faculty and other academic resources are present throughout most of U.S. legal academia. Counting only full-time faculty, our limited research identified 778 contacts in 200 schools equating to nearly four contacts on average per school. But no organized critical “core” had coalesced within legal academia or, more broadly, throughout higher education expressly dedicated to defending and advancing critical knowledge and its production up to now. And yet, as the 2021–2022 formation of the Critical (Legal) Collective (“CLC”) outlined below demonstrates, many academics sense or acknowledge the need for greater cohesion among …

Ai, New Technologies, And Corporate Governance: Three Phenomena, Martin Petrin

Seattle University Law Review

Artificial intelligence (AI) and other new technologies are increasingly influencing the operations, business models, and structures of companies. This Article focuses on three emerging phenomena that impact significant aspects of corporate governance and regulation: (1) perforation and blurring of firm boundaries through the ubiquitous use of externally provided AI services; (2) businesses engaging in strategic access and leveraging of critical resources held by third parties without owning them; and (3) the unusual hybrid role of online platforms between market facilitators and markets themselves. The Article explores how these phenomena challenge traditional views of firms as separate units, with technology leading …

The Impact Of Dissolved Organic Matter On Photodegradation Rates, Byproduct Formations, And Degradation Pathways For Two Neonicotinoid Insecticides In Simulated River Waters, Josephus F. Borsuah, Tiffany L. Messer, Daniel D. Snow, Steven D. Comfort, Shannon Bartelt-Hunt

UK CARES Faculty Publications

The influences of dissolved organic matter (DOM) on neonicotinoid photochemical degradation and product formation in natural waters remain unclear, potentially impacting the sustainability of river systems. Therefore, our overall objective was to investigate the photodegradation mechanisms and phototransformation byproducts of two neonicotinoid pesticides, imidacloprid and thiamethoxam, under simulated sunlight at the microcosm scale, to assess the implications of DOM for insecticide degradation in rivers. Direct and indirect photolysis were investigated using twelve water matrices to identify possible reaction pathways with two DOM sources and three quenching agents. Imidacloprid, thiamethoxam, and potential degradants were measured, and reaction pathways identified. The photodegradation …

A 3-Step, Open-Data, Ride-Hailing Ridership Model With Pricing Applications, Richard A. Mucci

Theses and Dissertations--Civil Engineering

Researchers and practitioners studied the effects ride-hailing had in cities before the covid-19 pandemic. Previous research found ride-hailing to produce negative externalities, such as reducing transit ridership and increasing congestion in various cities. Since the pandemic, ride-hailing ridership has nearly recovered to pre-pandemic levels in Chicago. Ride-hailing ridership has grown steadily since the pandemic while a rider’s willingness to share their trip stagnated. Ride-hailing ridership nearly recovering to pre-covid levels in Chicago suggests that transportation planners, and policy makers, will need to continue assessing the impacts ride-hailing trips have in their cities.

Pickup and drop off locations in the Chicago …

Restructuring Undefined Assets: Valuation Of Stablecoins And Their Impact On The Bankruptcy Process, Olivia Woodmansee

American University Business Law Review

Difficulties with defining cryptocurrency have plagued federal agencies and courts since crypto’s creation. With the emergence of “crypto winter” in 2022 that saw many crypto-related ventures fail, bankruptcy courts have been challenged to address numerous novel legal issues surrounding crypto-assets. When looking to the Bankruptcy Code fails to provide answers, courts must look to definitions, agency regulations, and an analysis of cryptocurrency’s position in the market to determine its classification. This can quickly become muddled with the voluminous and seemingly conflicting sources that exist. One such issue emerges when courts attempt to determine how to classify a particular cryptocurrency: is …

“Show Me The Money”: The Sec’S Use Of Distribution As A Tool For Investor Protection, Coleman Gilkey Newton

American University Business Law Review

In Section II, this Comment will present a background on the relevant law of securities regulations by focusing on the SEC’s enforcement remedies, through various statutes, cases, and regulations. Section II further discusses the disgorgement and fair funds provisions that are crucial to the Commission’s distribution practices. Then, Section III shows how this background impacts SEC operations and presents a framework for the relationship between disgorgement and distribution. Finally, Section IV offers recommendations that would allow the SEC to continue to utilize disgorgement to ensure maximum distribution for harmed investors.

The Three-Verdict Problem, Jack Whiteley

Articles

!n Scotland, for hundreds of years, juries have chosen between three criminal verdicts: “guilty,” “not guilty,” and “not proven.” The “not proven” verdict’s legal meaning remains mysterious. In this article, I aim to describe and solve the problem. Applying modern ideas about standards of proof to the intellectual history of “not proven” yields eight plausible meanings for the verdict. With the extent of the problem in mind, I offer a solution. In the three-verdict system, jurors should deliver a “guilty” verdict when they believe that the accused has committed the crime and a “not guilty” verdict when they believe that …

Heresies, Heretics, And Hermeneutics: The Battle Of Textualism Against Pragmatism--And Itself--On The Robert Court, Jeffrey A. Van Detta

Belmont Law Review

This Article examines the deepening jurisprudential conflict on the Roberts Court over statutory interpretation, framing the contest between textualism and pragmatism as analogous to theological disputes over orthodoxy and heresy. Drawing on the interpretive writings of Justices Antonin Scalia and Stephen Breyer, as well as the scholarly work of William Eskridge, the Article argues that contemporary textualism—particularly in its more rigid forms—risks distorting statutory meaning when divorced from broader contextual and purposive analysis. Through an eclectic examination of three statutory battlegrounds—the Foreign Sovereign Immunities Act, Reconstruction-era civil rights legislation and its modern successors, and the Alien Tort Statute—the Article demonstrates …

Content Moderation On Social Media: Social And Computational Standards And Implications, Mohit Singhal

Computer Science and Engineering Dissertations - Archive

Social media has become a powerful tool that reflects human communication's best and worst aspects. They allow individuals to freely express opinions, communicate with others, and learn about new stories. On the other hand, they have become fertile grounds for several forms of abuse, harassment, and the dissemination of misinformation. Social media platforms have established and employed content moderation to counteract the spread of abuse and misinformation.

Some critical challenges hinder the understanding of the social media content moderation ecosystem. This dissertation investigates various aspects of content moderation, including their coverage, fairness, and effectiveness. Firstly, it investigates how, in practice, …

Outpatient Fall Prevention In Ambulatory Adults 65 Years Old And Over, Dorothy L. Osborne-White

Doctor of Nursing Practice (DNP) Scholarly Projects - Archive

Background: In the United States (U.S.), falls are the leading cause of injury among adults 65 and over, resulting in 36 million falls yearly (Moreland et al., 2020). According to the Centers for Disease Control and Prevention (CDC, 2023), one in four older adults experiences a fall each year. Falls are the world's second most prominent cause of accidental deaths (World Health Organization [WHO], 2021). Falls are the leading cause of both fatal and non-fatal injuries among older adults (Moreland et al., 2020).

Methods: A quality improvement project that included a fall bundle was implemented in a primary clinic. A …

Arbitrary And Capricious X Artificial Intelligence, Zoe Niesel

Faculty Articles

The "arbitrary and capricious" review standard has been interpreted to govern the judicial review of agency factual findings that are produced through informal rulemaking or informal adjudication. In contrast, agency factual findings that are produced through formal rulemaking or adjudication will be reviewed under the Administrative Procedure Act, Section 706(2)(E), which states that such findings can be set aside if they are "unsupported by substantial evidence." While the standards technically vary-factual findings that are the product of informal procedures will warrant arbitrary and capricious review, while factual findings that are the product of formal procedures will warrant substantial evidence review …

Comment On Chapters 1 And 4: Health Ai, System Performance, And Physicians In The Loop, W. Nicholson Price Ii

Book Chapters

Accounts of artificial intelligence (AI) in medicine must grapple, in one way or another, with the interaction between AI systems and the humans involved in delivering healthcare. Humans are, of course, involved throughout the process of developing , deploying, and evaluating AI systems, but a particular role stands out: the human in the loop of an algorithmic decision. In medicine, when an algorithm is involved in a decision , a typical view of the system envisions a human healthcare professional mediating that algorithm - deciding whether and how to implement or react to any recommendation, prediction, or other algorithmic output. …

New Rules For A New Era: Regulating Artificial Intelligence In The Legal Field, Hunter Cyran

Journal of Law, Technology, & the Internet

As Artificial Intelligence (AI) continues to evolve at a rapid pace, many industries have already started integrating new technologies to reduce costs and labor. While this is practical for some industries, the legal industry should be cautious before fully integrating AI. Some legal-service providers are already developing and offering new AI products. But the legal industry must approach these new products with some skepticism. While AI may eventually bring positive changes to the legal industry, AI currently has many flaws. This can create negative unintended consequences for attorneys and judges that are unaware of these flaws. Further, AI is not …

Difficult And Novel Legal Issues Explored By The Students Who Represented The University Of Bucharest In The 2023-2024 Edition Of The Willem Vis Moot Court Competition, Raluca Papadima

Other Publications

This article provides an overview of the Willem Vis International Commercial Arbitration Moot in general and of the novel and difficult legal issues raised by the 2023-2024 moot Problem. On the merits, the main legal issues involved liability for misdirected payments as a result of cyberattacks and the existence of an obligation of information and/or good faith in the performance of a contract between commercial parties to a contract governed by the CISG. The procedural issues concerned the mechanisms for adding a new claim after the signature of the Terms of Reference and/or for consolidating two arbitrations, under the ICC …

Brief Of Amici Curiae Corporate And Securities Law Experts: Central Maine Power Company V. Maine Commission On Government Ethics And Election Practices, Sarah C. Haan

Scholarly Articles

Amici submit this brief to share expertise on corporate governance and securities laws and practices that relate directly to the lower court’s narrow-tailoring analysis of the Maine statute at the center of this case. While all participating amici may not agree with every statement in the brief, all amici agree that the Act’s 5% equity ownership threshold is not arbitrary and that ownership of 5% or more of a U.S. entity’s equity by a foreign government or a foreign-government-influenced entity presents a foreign influence on the U.S. entity’s governance and decision-making.

Legacy Business Programs: How A Trending Regulatory Tool Saves Small Businesses Of Cultural Value, Jacqueline Muallem

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

A Comprehensive Study Of Patent Litigation In The Pharmaceutical Sector: Employing Network Theories, Graph Neural Networks, Agent Based Modeling, Bayesian Network Autocorrelation Models, Sreehas Gopinathan

Information Systems & Operations Management Dissertations - Archive

Understanding the dynamics and predictors of patent litigation is crucial in intellectual property management, especially given the competitive edge patents offer companies. Also, patents serve as both legal tools and repositories of innovation. This research delves into the complex world of patent litigation within the pharmaceutical industry, focusing on creating and applying advanced computational models to study litigation propensities. Techniques such as Graph Neural Networks (GNN), Agent-Based Modeling (ABM), and Bayesian Analysis of Network Autocorrelation Models (BANAM) are employed to explore the litigation phenomenon

Stolen By Wolves: A Critique On The Supreme Court’S Understanding Of Women’S Reservations In India, Rashmi Raghavan

National Law School of India Review

Women’s reservations were envisioned under Article 15(3) to fulfil the goal of substantive equality in the Constitution of India. This article tries to uncover the procedural missteps that have occurred by the Supreme Court while administering the policy of women’s reservations to various public positions in the country. I argue that the reservation procedure currently put in place by the apex Court by a cumulative reading of the decisions in Anil Kumar Gupta v State of UP and Ors and Rajesh Kumar Daria v Rajasthan Public Service Commision have created an enclosed ceiling on women candidates and is contrary to …

Opening India To International Competition In Government Procurement Markets: Cepa With Uae A Breakthrough?, Jędrzej Górski, Kanishka Bhukya

National Law School of India Review

The India-UAE Comprehensive Economic Partnership Agreement (‘CEPA’) is a landmark in India’s public procurement policy, introducing substantial liberalisation commitments for the first time. Historically insulated from international procurement obligations, India’s previous agreements, such as with Japan, were limited in scope. The CEPA, concluded in 2022, includes Chapter 10, which mandates significant procurement reforms. This article assesses whether the CEPA signifies a transformative change or a minor adjustment. Part II explores the global framework for public procurement under International Economic Law (‘IEL’) and Global Administrative Law (‘GAL’), focusing on the WTO Government Procurement Agreement (‘GPA’) standards. It details GPA’s non-discrimination and …

Emergency Surgery: A Plea For Student Debt Relief, Stephen Urciolo

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Ghost-Hunting In Al And The Law, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Generative AI is booming. This technology offers amazing opportunities for growth in various business sectors and creates the opportunity for swift progress on medical innovations, climate change, world hunger, and innumerable other areas. AI also poses a number of challenges, though, such as replacing human workers and exacerbating pernicious biases. Another major concern about generative AI is singularity-the idea that this technology could surpass human intelligence and subjugate us or render us extinct. Although some commentators discount this possibility, the fact that AI experts such as Geoffrey Hinton, Sam Altman, and Elon Musk share the singularity concern should at least …

Climate Change, Policy Paralysis, And A Nuclear Waste Island? Exploring Perceptions Of Risk, Trust, And Community Agency In Navigating Uncertain Futures Facing Humboldt Bay's Spent Nuclear Fuel Storage Site, Alexander Brown

Cal Poly Humboldt theses and projects

Climate and coastal hazards threaten the long-term viability of indefinite in-situ nuclear waste storage in the U.S., especially at vulnerable “stranded” sites like Humboldt Bay, California. The national policy framework is fundamentally incompatible with emergent climate realities and does not adequately accommodate uncertainty, localized hazard conditions, and the sociocultural and political dynamics that manifest in diverse and contested public arenas. I interviewed 21 community-experts working at the intersection of climate change and nuclear waste, and co-facilitated three scenario planning workshops to gather insights on how to responsibly manage Humboldt Bay’s nuclear waste in a climate-altered world. Qualitative findings indicate variation …

The Sixth Warfighting Domain?: Governing The Space-Cyber Nexus, Eytan Tepper, Scott Shackelford, James B. Romano, Sergei Dmitriachev

Georgia Law Review

This Article reviews the recent emergence of the space-cyber nexus as a distinct warfighting domain, solidified during the Russian invasion of Ukraine, and analyzes the (missing?) laws of space-cyber warfare. The Article further suggests a roadmap for the development of norms and rules under the constraints of contemporary geopolitics and difficulties in multilateral rulemaking. As space-based infrastructure became critical to modern militaries and economies, it has, as a result, become a prime target. While only four countries possess antisatellite missiles (United States, Russia, China, and India), cyberattacks require much less in terms of funds and technological sophistication and can also …

Ai Voice Enters The Copyright Regime: Proposal Of A Three-Part Framework, Prachi Patel

Fordham Intellectual Property, Media and Entertainment Law Journal

We are told that our voice is one of the most powerful tools we have. However, is it just as powerful if it can be replicated? Artificial intelligence has developed to the point where it can create an exact clone of a person’s voice. While there have been many advancements in this field, there are few laws that address artificial intelligence and its use. Artificial intelligence has been used to create artificial voices of well-known figures, both deceased and alive, some without their consent. This creates a need to balance the incentivization of technological development and the protection of an …

Speaking For The States: A Response To The Proposal Of Subnational Forest Federalization, Joseph White

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Automated Fourth Amendment, Maneka Sinha

Emory Law Journal

Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible.

Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …

The Future Of International Climate Change Litigation, Heloise S. Evins-Mackenzie

Honors Theses

Small Island Developing States (SIDS) are increasingly seeking justice from international courts to address their significant climate change impacts, which are disproportionate to their minimal historical emissions. The Commission of Small Island States on Climate Change and International Law (COSIS), an internationally recognized legal body, has requested an advisory opinion on the obligations of all member states to protect and preserve the marine environment and prevent pollution related to climate change and its impacts. The present study aims to predict the future landscape of climate litigation if the International Tribunal for the Law of the Sea (ITLOS) specifies that states’ …

Defamation In The Age Of Artificial Intelligence, Leslie Y. Garfield Tenzer

Elisabeth Haub School of Law Faculty Publications

Rapid advancement in artificial intelligence (AI) technology threatens the defamation landscape. Defamation, a legal concept addressing false statements that harm an individual's reputation, legally regulates the responsibility of human interactions and corporate publications. AI is neither a human nor a legal entity, which many argue makes it impossible for plaintiffs to bring successful defamation claims. The role of humans and corporate publishers in creating and curating AI systems and the added role of humans republishing false AI-generated contact, however, preserve a likelihood of success for plaintiffs bringing defamation claims against AI. Unlike other technological advances, AI does little to disrupt …