Digital Commons Network^™

The Downfall Of Daniel Fitzpatrick: A Creative Short Story, Renee Horsley

Theses/Capstones/Creative Projects

Daniel grew up with humble beginnings in Starlight, Nebraska. His loving parents provided him and his four other siblings with as much as they could. Victoria grew up wealthy in a small town in Georgia but by fifth grade, Victoria would move to Starlight due to her father’s business proposition. Soon Daniel and Victoria’s worlds collided setting the way for the most epic and yet tragic love story to ever hit Starlight Nebraska. A creative short story that intertwines the disciplines of criminal justice, intergroup dialogue, psychology, and the law.

The Impact Of Encryption Technologies On Criminal Investigations In Canada: A Balanced Approach To The 'Going Dark' Problem In Light Of Self-Incrimination And Privacy Considerations, Laura Ellyson

PhD Dissertations

Encryption, a method of concealing information from unwanted eyes, has recently become more prevalent in society, following revelations of massive surveillance conducted by governments and the increasing number of attacks on companies holding their customers’ digitized information. Encryption mechanisms have become more sophisticated and widely used by citizens who wish to keep their personal information private and secure. Conversely, criminals have also been using strong encryption mechanisms to hide their wrongdoing, which has made it harder for law enforcement officials to access evidence. This “going dark” phenomenon has impacted both the seizure of “data at rest” (i.e., data that is …

Why Indiana Harbor Is The Worst Torts Decision In American History, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.

A Consumer's Guide To Greenwashing, Katie Fowler

Marketing Undergraduate Honors Theses

Over the past 37 years since the term greenwashing was coined, there have been sparse attempts to regulate this deceptive environmental marketing. The Federal Trade Commission (FTC) created its Guides for the Use of Environmental Marketing Claims, also known as the Green Guides, in 1992. The Guides have been revised on three separate occasions – 1996, 1998, and 2012 – in an attempt to remain relevant with the proliferation of environmental marketing claims and trends. However, the Guides were created as interpretive rules that do not give the FTC the authority to enforce the regulations unless they can prove that …

The Intersection Of Urban Heat Islands And The Cdc Social Vulnerability Index In Two Border Cities, Ileana Morales

Open Access Theses & Dissertations

No abstract provided.

The Perks Of Being Human, Max Stul Oppenheimer

Washington and Lee Law Review Online

The power of artificial intelligence has recently entered the public consciousness, prompting debates over numerous legal issues raised by use of the tool. Among the questions that need to be resolved is whether to grant intellectual property rights to copyrightable works or patentable inventions created by a machine, where there is no human intervention sufficient to grant those rights to the human. Both the U. S. Copyright Office and the U. S. Patent and Trademark Office have taken the position that in cases where there is no human author or inventor, there is no right to copyright or patent protection. …

التوزيع المكاني للمراكز الصحية في مدينة بعقوبة وعلاقتها بالكثافة السكانية وشبكات النقل ( دراسة تطبيقية في جغرافية المدن ), م.د . مثنى ناظم داود سلمان العبيدي

Midad AL-Adab Refereed Quarterly Journal

النقل هو مسألة حيوية من أجل الوصول إلى الرعاية الصحية، لا سيما في مناطق الحضر والريف لمدينة بعقوبة ، حيث مسافات التنقل بين المراكز الصحية والسكان (سهولة الوصول). هناك أدلة هامة على أن استخدام الرعاية الصحية يكون بنسبة أقل في المناطق الريفية مقارنة بالمناطق الحضرية. فهناك عددا من التفسيرات المحتملة لهذه الاختلافات من حيث تلك المقارنة، فإن نسبة الكثافة السكانية ومسافات السفر وعدد خيارات النقل المتاحة في المناطق الريفية يمكن أن يكون عاملا هاما. ويمكن أن تكون المسافات إلى مراكز الرعاية الصحية الإقليمية في المناطق الريفية كبيرة في كثير من الأحيان. وتزداد المشكلة تعقيدا عندما يكون جزء متزايد من السكان …

The Santa Clara, 2023-04-21, Santa Clara University

The Santa Clara

No abstract provided.

Using Nlp To Model U.S. Supreme Court Cases, Katherine Lockard, Robert Slater, Brandon Sucrese

SMU Data Science Review

The advantages of employing text analysis to uncover policy positions, generate legal predictions, and inform or evaluate reform practices are multifold. Given the far-reaching effects of legislation at all levels of society these insights and their continued improvement are impactful. This research explores the use of natural language processing (NLP) and machine learning to predictively model U.S. Supreme Court case outcomes based on textual case facts. The final model achieved an F1-score of .324 and an AUC of .68. This suggests that the model can distinguish between the two target classes; however, further research is needed before machine learning models …

Searching For A Compromise: A Case For The Crypto Like-Kind Exchange, John Paul Boyter

Arkansas Law Review

In recent years, cryptocurrencies, cryptoassets, electronic coins, tokens, non-fungible tokens, and other various terms for electronic assets have gained prodigious attention in the financial world. From the spike (and subsequent drop) in value of Bitcoin, to people spending millions of dollars on pixelated pictures of punks, the market for these assets has been extremely active despite its ups and downs. However, in addition to potential financial success via crypto markets, the development of crypto technology has allowed for a transformation of how individuals and institutions think of currency, financial security, and access to information Part I of this Comment explains …

Welfare Now, Cass R. Sunstein

Duke Law Journal

In evaluating interventions, policymakers should consider both their welfare effects, including their effects on people’s emotional states, and their effects on distributive justice, including their effects on those at the bottom of the economic ladder. The arguments for investigating welfare effects, and effects on distributive justice, are meant as objections to efforts to evaluate behaviorally informed interventions solely in terms of (for example) revealed preferences and effects on participation rates. The arguments are also meant as a plea for investigation and specification of the effects of such interventions on experienced well-being. If interventions give people a sense of security and …

Perpetuities In An Unequal Age, Jack H.L. Whiteley

Northwestern University Law Review

For centuries, the common law limited aristocratic wealth. In the last three decades, that has changed. One by one, state legislatures have eliminated the rule against perpetuities (the Rule), and now “dynasty trusts” can make carefully controlled payments to a settlor’s descendants for hundreds of years. This change occurred soon before a large and ongoing intergenerational wealth transfer in the United States. Trusts scholars have roundly criticized the Rule’s removal, and some have described it as charting a path to a new Gilded Age.

This Article draws a theoretical lesson from the Rule’s demise. I argue that part of the …

Some Legal And Practical Challenges In The Investigation Of Cybercrime, Ritz Carr

Cybersecurity Undergraduate Research Showcase

According to the Internet Crime Complaint Center (IC3), in 2021, the United States lost around $6.9 billion to cybercrime. In 2022, that number grew to over $10.2 billion (IC3, 2022). In one of many efforts to combat cybercrimes, at least 40 states “introduced or considered more than 250 bills or resolutions that deal significantly with cybersecurity” with 24 states officially enacting a total of 41 bills (National Conference on State Legislatures, 2022).

The world of cybercrime evolves each day. Nevertheless, challenges arise when we investigate and prosecute cybercrime, which will be examined in the following collection of essays that highlight …

Commentary On Trading In The Clouds, Gary Pulsinelli

Scholarly Works

No abstract provided.

Santa Clara Magazine, Volume 64 Number 1 Spring 2023 [Print Issue 62:2], Santa Clara University

Santa Clara Magazine

16 - A BRIDGE TO TOMORROW How one university can change the world when it widens the path to opportunity. SCU Staff

22 - THE INTERNET'S LAST TRUE BELIEVER For more than two decades, Law Professor Eric Goldman has been one of the most influential legal voices fighting for the ’net. Chris O’Brien

26 - OPPORTUNITY ON SET Meet five Broncos who scored the opportunity of a lifetime—production assistants on an indie film crew—via Professor Nico Opper. Nicole Calande

28 - SPIRITUAL SOUP With a little bit of this, a dash of that, and a sprinkling of something else, humans …

Ai Ethical Compliance Is Undecidable, Lorin Brennan

UC Law Science and Technology Journal

One response to concerns about AI systems has been to espouse “ethical AI,” that is, to elucidate ethical norms and then impose a legal requirement that AI systems comport with these norms. But will it work? More precisely, does there exist an effective procedure by which an AI system developer, or regulator, can determine in advance whether an AI system, once put into operation, will consistently generate output that conforms to a desired ethical norm? This paper argues “no.” The Halting Problem shows that there is no algorithm that can reliably do so for all AI systems running any allowed …

Abc...Hij, Is The U.S. Teacher Shortage Here To Stay? Using U.S. Immigration Policy To Address The Domestic Teaching Shortage, Nicole C. Dillard

The Journal of Law and Education

No abstract provided.

Nft For Eternity, Hadar Y. Jabotinsky, Michal Lavi

University of Michigan Journal of Law Reform

Non-fungible tokens (NFTs) are unique tokens stored on a digital ledger – the blockchain. They are meant to represent unique, non-interchangeable digital assets, as there is only one token with that exact data. Moreover, the information attached to the token cannot be altered as on a regular database. While copies of these digital items are available to all, NFTs are tracked on blockchains to provide the owner with proof of ownership. This possibility of buying and owning digital assets can be attractive to many individuals.

NFTs are presently at the stage of early adoption and their uses are expanding. In …

Criminal Terms, Anna Roberts

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

Core terms used by criminal legal academics bolster the criminal system and ward off radical critique. They do this by conveying implicit messages of three types: that the criminal system is generally accurate, that it is necessary, and that it is well-intentioned and moving in the right direction. While recent legal scholarship has identified other subtle ways in which we send pro-carceral messages, it has not focused on vocabulary. We thus fall behind other entities that have announced vocabulary change, in recognition of the harm that such messages can do. We too have influence, not just through scholarly and public …

State Takeover In South Carolina: An Inadequate Means To Achieving "Minimally Adequate" Education, Lyndsey K. Ebener

South Carolina Law Review

No abstract provided.

The Counterintuitive Court: How The Supreme Court’S Punitive Damages Jurisprudence Endangers Marginalized Communities, Anne Rodgers

Washington and Lee Journal of Civil Rights and Social Justice

Punitive damages are awarded in civil suits to deter intentionally reckless and grossly negligent behavior. The goal of punitive damages is to punish the tortfeasor and protect the public from future misconduct. However, the Supreme Court’s recent jurisprudence on punitive damages reflects a shift towards protecting businesses from what the Court perceives as an arbitrary taking under the Due Process Clause. This Note argues that these decisions are dangerous, especially for marginalized communities. This Note begins by defining punitive damages and common criticisms of punitive damages awards. This Note then discusses the role of the Supreme Court in reviewing punitive …

An Intelligent Path For Improving Diversity At Law Firms (Un)Artificially, Rimsha Syeda

Michigan Technology Law Review

Most law firms are struggling when it comes to diversity and inclusion. There are fewer women in law firms compared to men. The majority of lawyers—81%—are White, despite White people making up only about 65% of the law school population. Lawyers of color remain underrepresented with the historic high being only 28.32%. By comparison, 13.4% of the United States population is Black and 5.9% is Asian. The biases that perpetuate this lack of diversity in law firms begin during the hiring process and extend to associate retainment. For example, an applicant’s resume reveals a lot, including the prestige of the …

The Replication Crisis And Ip Law: A Novel Policy Tool For Open Science, Or Cohen Sasson, Ofer Tur‐Sinai

Articles

In recent years, the scientific community has faced a considerable problem the replication crisis. Replication is the process of verifying scientific findings by repeating a published study. It is considered a cornerstone of the scientific enterprise, contributing to the credibility of research findings. Over the past two decades, however, replication has become increasingly difficult; in fact, in some disciplines the non-replicability rate is over 50%. A major factor accounting for this is diminished access to research materials required for replication (replication materials). This problem is particularly acute in computational studies, where the code, software documentation, datasets, and other information are …

The Collapse Of Alice’S Wonderland: Mayo’S Faulty Two-Step Framework And A Possible Solution To Patent-Eligibility Jurisprudence, Philip Hawkyard

UC Law Journal

In Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Supreme Court established a two-step framework to determine whether a supposed invention that involves a “natural law” can be a patent-eligible subject matter. Two years later, the Supreme Court extended this framework in Alice Corp. v. CLS Bank International to “abstract ideas,” and cemented the framework as the test to determine patent-eligible subject matter. Recent cases demonstrate that this framework has collapsed from a two-step inquiry into a one-step inquiry, leading to bizarre results and legal uncertainty. This Note examines why the Mayo framework should never have been extended to abstract …

Impediments To Renewed And Reinvigorated Antitrust Enforcement, Edward D. Cavanagh

William & Mary Business Law Review

Antitrust Division head Jonathan Kanter recently proclaimed that “the era of lax enforcement is over, and the new era of vigorous and effective antitrust law enforcement has begun.” Federal enforcers have indeed been active; the DOJ has sued Google in two separate actions, and the FTC has brought an action against Facebook.

While bringing these cases is an important first step to achieving a more robust antitrust enforcement regime, a significant obstacle to an antitrust renaissance remains—overcoming the strong gravitational pull of Chicago School theory that has dominated antitrust thought for the past half-century. Chicago School principles have not kept …

On Electric Vehicles And Environmental Policies For Innovation, A Book Review Of The Global Rise Of The Modern Plug-In Electric Vehicle: Public Policy, Innovation, And Strategy, By John Graham, Shi-Ling Hsu

Scholarly Publications

Electric vehicles have been in existence for over a century. Impetus and progress towards commercialization have been uneven. For the most part, government policy on electric vehicle development has consisted of government funding and other support for research and development. The long, meandering path that has now resulted in the emergence of Tesla as an industry leader has been documented carefully in John Graham's The Global Rise of the Modern Plug-in Electric Vehicle. Graham's account is remarkably broad and thorough, leaving few stones unturned, and comprehensively detailing the history of electric vehicle policy in a number of countries, and often …

You Guys Are Getting Paid? Time For Interns To Cash In On The Flsa, Lauren Hand

Dickinson Law Review (2017-Present)

Under the Fair Labor Standards Act (“FLSA”), individuals who qualify as employees are entitled to the federal minimum wage. Because the statute itself gives little guidance about who meets the FLSA definition of an employee, courts generally determine employee status by applying the economic reality test, which assesses the economic circumstances of the relationship and tends toward broad inclusivity. The Supreme Court, however, created a caveat in 1947 in Walling v. Portland Terminal, holding that trainees might be uniquely excluded from FLSA employee status and its attending benefits. The trainee exception, as it has since become known, has expanded in …

The Importance Of Accessible Government Data In Advancing Environmental Justice, Frank D. Lomonte, Daniel Delgado

William & Mary Environmental Law and Policy Review

Part I of this Article sets forth the history and animating principles of the environmental justice movement in the United States during the 1970s, which developed as an adjunct to the larger civil rights movement. Part II then turns to the role of documents and data in exposing where toxins present a risk to public health and where documentation habitually falls short. It discusses how freedom of information laws can unlock access to the documents and data that quantify environmental hazards but also how those laws fail to produce reliable results because of the influence of regulated industries. Part III …

Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham

Articles

It is not easy these days to talk about race in America, especially in a diverse group across racial lines. This is because people tend to feel strongly about these controversial issues, and when they disagree, they end up calling each other bad names, and that upsets their stomachs; then, they cannot enjoy the good food and drink that often accompany such events. So many simply choose not to attend, burying their heads in the sand. This Essay discusses several controversial aspects of the relevance of slavery law to issues of racial inequality today. Racial profiling has been a consistent …

Falling Short Of "Minimally Adequate": How South Carolina's Low Standard For Education Must Be Reinterpreted Student Note, Jordan H. Lester

The Journal of Law and Education

No abstract provided.