Digital Commons Network^™

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.

2023 Research Day Program, Lincoln Memorial University

Research Day

This program contains abstracts and presentation summaries from LMU's 2023 Annual Research Day conference.

Climate Services: The Business Of Physical Risk, Madison Condon

Faculty Scholarship

A growing number of investors, insurers, financial services providers, and nonprofits rely on information about localized physical climate risks, like floods, hurricanes, and wildfires. The outcomes of these risk projections have significant consequences in the economy, including allocating investment capital, impacting housing prices and demographic shifts, and prioritizing adaptation infrastructure projects. The climate risk information available to individual citizens and municipalities, however, is limited and expensive to access. Further, many providers of climate services use black box models that make overseeing the scientific rigor of their methodologies impossible— a concern given scientific critiques that many may be obfuscating the uncertainty …

Science, Creativity, And The Copyright Clause, Ned Snow

UC Law Journal

The Constitution provides Congress the power to enact copyright laws in order “To promote the Progress of Science.” Some statements by the modern Supreme Court may be interpreted to suggest that “the Progress of Science” is synonymous with creativity, and most scholars articulate the purpose of copyright law in terms of encouraging creative expressions. This is troubling, however, because not all creative expressions yield public knowledge; indeed, some yield public harm. For example, false statements of fact that are made to purposefully deceive are highly creative, but those statements inhibit the spread of knowledge and may lead to demonstrably harmful …

Regulating Artificial Intelligence In International Investment Law, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

The interaction between artificial intelligence (AI) and international investment treaties is an uncharted territory of international law. Concerns over the national security, safety, and privacy implications of AI are spurring regulators into action around the world. States have imposed restrictions on data transfer, utilised automated decision-making, mandated algorithmic transparency, and limited market access. This article explores the interaction between AI regulation and standards of investment protection. It is argued that the current framework provides an unpredictable legal environment in which to adjudicate the contested norms and ethics of AI. Treaties should be recalibrated to reinforce their anti-protectionist origins, embed human-centric …

The Move Toward An Indigenous Virgin Islands Jurisprudence: Banks In Its Second Decade, Kristen David Adams

Fordham Law Review

In 2011, the Supreme Court of the U.S. Virgin Islands decided Banks v. International Rental & Leasing Corp. and, with that decision, introduced a new era in Virgin Islands jurisprudence that embraced a much more active role for Virgin Islands courts and a correspondingly diminished role for the American Law Institute’s restatements. This Essay examines what I will call “second-generation” decisions referencing Banks with the goal of determining whether Banks and its progeny have met, or are at least in the process of meeting, “the goal of establishing ‘an indigenous Virgin Islands jurisprudence’” set by the Banks court. Ultimately, this …

Presumptive Use Of Pretrial Risk Assessment Instruments, Christopher Slobogin

Vanderbilt Law School Faculty Publications

One proposed reform of the pretrial detention system is the adoption of risk assessment instruments to assist courts in determining who is at risk of reoffending or a flight risk. This Response to Professor Melissa Hamilton's Article, Modelling Pretrial Detention, proposes that under most circumstances the results of well-validated instruments should not only inform pretrial outcomes but should dictate them, on the ground that such results are more likely to be accurate than judicial decision-making. The Response also provides evidence that this reform would significantly reduce pretrial detention rates and, consistent with Professor Hamilton's findings, avoid producing racially disparate results.

Clean Air For All? An Analysis Of Eu Air Pollution Legislation And Health Inequality, Bonnie Nolan

The International Law Review Association Student Forum

Communities around the world face health risks due to air pollution. These health risks can include asthma, cognitive impairment, and even death. But these negative health effects are not equally spread among communities. Studies have established that air pollution affects socially disadvantaged areas more. The correlation between socioeconomic levels and increased risk of environmental harm is referred to as environmental inequality. The World Health Organization has found that environmental health inequality occurs in every European Union (EU) member country. The EU has implemented multiple pieces of legislation to reduce air pollution, including Directive 2008/50/EC, which sets specific air quality that …

Accurately Valuing Blue Carbon Sequestration And Storage To Foster Coastal Conservation Via Evidence-Based Policymaking And Model Environmental Services Statute Methodologies, John Shelton Penton Jr

LSU Doctoral Dissertations

Blue carbon ecosystems, especially mangrove forests, provide one of nature’s most effective means for sequestering carbon from the atmosphere and storing it in subsurface soils. The six nearshore coastal morphologies found in tropical and subtropical regions each possess a conspicuous environmental signature that can be employed to accurately estimate and predict mangrove forests’ carbon storage in above-ground biomass, below-ground biomass, and the soils by system type. The consistent geomorphology and geophysical processes within each of these coastal environmental settings, that is, the wave and tidal forcings, the rate of coastal sediment accretions, nutrient load and limitations (e.g., nitrogen-to-phosphorus …

James And Peirce On The Importance Of Individuals: The Differences That Make A Difference, Susan Haack

Articles

No abstract provided.

Interconnectedness And Financial Stability In The Era Of Artificial Intelligence, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

This chapter explains AI use cases may amplify some threats to the stability of the financial system. It argues that lack of a consistent approach to AI Governance by financial regulators and limited oversight on some AI models in terms of systemic risks need to be addressed to preserve the stability of the financial system. To illustrate the problem and propose specific policy recommendations, the chapter first explains how the widespread use AI in finance impacts systemic risk in the financial sector. Then, it explains why trustworthiness of AI encompasses not only the typical ethical principles about transparency, explainability, fairness, …

Essay On The Revitalization Of Local Communities, Hiroshi Saito

Japanese Society and Culture

It is difficult to theorize regional revitalization due to the differences in the characteristics of each local government. However, it may be possible to generalize its basic features: “regional management” and “financial surplus.” The problem of regional revitalization is conventionally discussed from a perspective of public administration. However, this paper reexamines the problem from a management theory perspective. Considering the starting point of regional revitalization is the surplus of public finances, attention is focused on the local tax law, especially on the importance of inhabitant tax, fixed property tax, and resident population policy. The paper also shows that the attraction …

Robert X House Collection, Dan Bonenberger, Brooke Boyst, Franklin Haywood, Carrie Malas, Jaclyn Panter, Ian Tomashik, Laura Waskiwicz, Taylor Williams, Austin Martin

Digital Heritage Preservation Collection

This collection examines the Robert X House at 18827 Keystone Street in Detroit, Michigan, a significant site in the history of the Nation of Islam and the broader narrative of Black empowerment and civil rights in mid-20th century America. Originally built in 1951 as a modest Federal Housing Administration (FHA) minimum ranch-style home, the property was purchased by Robert Davenport (later known as Robert X), an influential leader in the Nation of Islam. The house became a hub for religious instruction, community-building, and activism.

Robert X, a former boxer and musician, became a prominent figure in Detroit’s Nation of Islam …

Slow-Goverance In Smart Cities: An Empirical Study Of Smart Intersection Implementation In Four U. S. College Towns, Brett Frischmann, Madelyn Rose Sanfilippo

Faculty Publications

Cities cannot adopt supposedly smart technological systems and protect human rights without developing appropriate data governance, because technologies are not value-neutral. This paper proposes a deliberative, slow-governance approach to smart tech in cities. Inspired by the Governing Knowledge Commons (GKC) framework and past case studies, we empirically analyse the adoption of smart intersection technologies in four US college towns to evaluate and extend knowledge commons governance approaches to address human rights concerns. Our proposal consists of a set of questions that should guide community decision-making, extending the GKC framework via an incorporation of human-rights impact assessments and a consideration of …

The Missouri Second Chance Expungement Gap, Colleen Chien

Faculty Publications

No abstract provided.

Damage To Reputation: A Comparative Analysis Of Pecuniary Compensation For Non-Pecuniary Harm, Frank S. Giaoui

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Santa Clara, 2023-03-17, Santa Clara University

The Santa Clara

No abstract provided.

Land Use/Land Cover Uncertainty Analysis Using Hydrological Modeling In The Northern Watershed Of Lake Okeechobee, Andres Lora Santos

USF Tampa Graduate Theses and Dissertations

Over the past 150 years, Florida has undergone a major land-form transformation, transitioning from a natural to a primarily built environment. The state's population has grown exponentially, from less than 50,000 residents in the 1850s to approximately 22 million residents today. This population growth has led to significant changes in land use, including urbanization, mining, and agriculture. This trend is expected to continue, with projections indicating an increase in urbanization across the state. 2070 land use/land cover projections were used as input for the Watershed Assessment Model (WAM) to analyze the potential impact of these changes on flow, total nitrogen …

Collection Due Process At Twenty-Five: A Still Important And Needed Check On Irs Collection, Leslie Book

Faculty Publications

No abstract provided.

Towards Meaningful Research And Engagement: Indigenous Knowledge Systems And Great Lakes Governance, Deborah Mcgregor, Nicole Latulippe, Rod Whitlow, Kristi Leora Gansworth, Lorrilee Mcgregor, Stephanie Allen

Articles & Book Chapters

For thousands of years, Indigenous peoples governed their relations in the Great Lakes region, guided by distinct political, legal, governance, and knowledge systems. Despite historic and ongoing exclusion of Indigenous peoples from Great Lakes governance in the Canadian context and other assaults on Indigenous sovereignty, authority, jurisdiction and responsibilities, Indigenous peoples have maintained their relationships with the Great Lakes. In recent years, Indigenous knowledge systems (IKS) have made inroads in Great Lakes governance, thanks primarily to First Nation political advocacy. However, it remains a challenge to include Indigenous knowledge and implement approaches that bridge Indigenous and Western ways of knowing. …

Creating A Path To Regulation -- Digital Assets, Howey And The Regulatory Dilemma, Gunjan D. Devnani

North Carolina Banking Institute

No abstract provided.

Foreign Direct Investment (Fdi) Role On The Economic Growth In The United Arab Emirates, Dr.Abdullah Abdelkrim Hassan

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

Due to the recent deterioration of the global economy, economic growth (EG) has become a worldwide interest; thus, scholars must focus on this issue. Hence, this study examines the effect of FDI on the EG of the United Arab Emirates (UAE). The researchers also employed inflation, employment rate, exchange rate, and industrialization as control variables. Using the secondary data gathering approach, the researchers used the World Development Indicators (WDI) database to extract data from 1986 to 2021. The researchers additionally examine the association between variables using the Non-linear Autoregressive Distributed Lag (NARDL) technique. Results indicated that FDI, inflation, employment rate, …

The Role Of State Courts In Constraining Partisan Gerrymandering In Congressional Elections

The University of New Hampshire Law Review

Federal courts were once seen as the place for partisan gerrymandering challenges to be lodged, but after thirty-plus years of failing to find any redistricting plan to be a partisan gerrymander, even while holding partisan gerrymandering to be justiciable, the Supreme Court announced in Rucho v. Common Cause, 139 S.Ct. 2484, that partisan gerrymandering is not justiciable in federal courts. State courts are now seen as the only place where a remedy for egregious partisan gerrymandering might be sought (except, of course, for taking redistricting out of the hands of the state legislature and moving responsibility into a bipartisan …

"Think Globally, Act Locally": New York's Evolving Approach To Address Fossil Fuel Electric Use In Proof-Of-Work Bitcoin Mining Operations Contributing To Climate Change, Adriana Montante

Journal of International Business and Law

No abstract provided.

Civil Procedure—Dukes Commonality Standard—Factors That Courts Should Weigh In Employment Discrimination Class Actions—Wal-Mart Stores, Inc. V. Dukes, 564 U.S. 338 (2011), Anuj Teotia

University of Arkansas at Little Rock Law Review

No abstract provided.

An Account Of The Deliberations Of The Faculty Committee On Academic Freedom And Unacceptable Speech, Matthew W. Finkin

Hofstra Law Review

The article focuses on the principles of academic freedom and the application of those principles in the context of faculty speech. Topics include the origins and endorsement of the 1940 Statement of Principles on Academic Freedom and Tenure, the distinction between speech as a citizen and disciplinary speech, and a proposal for revising academic freedom policies and establishing a faculty committee for adjudication.

Section 45q, University Of North Dakota. Energy And Environmental Research Center

EERC Brochures and Fact Sheets

Fact sheet on the 45Q tax credit. 45Q was created in 2008 as a tax credit to incentivize the development of carbon capture, utilization, and storage (CCUS) projects. [This item is an outdated or superseded version and retained for historical purposes only. It may no longer reflect current information, policies, or practices.]

Property's Boundaries, James Toomey

Elisabeth Haub School of Law Faculty Publications

Property law has a boundary problem. Courts are routinely called upon to decide whether certain kinds of things can be owned--cells, genes, organs, gametes, embryos, corpses, personal data, and more. Under prevailing contemporary theories of property law, questions like these have no justiciable answers. Because property has no conceptual essence, they maintain, its boundaries are arbitrary--a flexible normative choice more properly legislative than judicial.

This Article instead offers a straightforward descriptive theory of property's boundaries. The common law of property is legitimated by its basis in the concept of ownership, a descriptive relationship of absolute control that exists outside of …

Total Vote Runoff: A Majority-Maximizing Form Of Rank Choice Voting

The University of New Hampshire Law Review

Total Vote Runoff (TVR) is an electoral system designed to be identical to Instant Runoff Voting (IRV), which is the most commonly understood and implemented form of Ranked Choice Voting (RCV) in the United States, except for one key detail. Like IRV, TVR sequentially eliminates the weakest candidate on the ranked-choice ballot when no candidate is ranked first on a majority of ballots. Unlike IRV, however, TVR identifies the weakest candidate to be eliminated based on the total votes each candidate receives on all the ballots, rather than just the number of first-place votes (as IRV does). A candidate’s total …

Free Speech On Campus: The Attack From Within, Kevin T. Baine

Hofstra Law Review

The article focuses on the lack of free speech and expression on university campuses, where students and faculty feel afraid to voice their opinions due to potential backlash and harassment.