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2021 Redistricting In Virginia: Evaluating The Effectiveness Of Reforms, Alex Keena Jan 2023

2021 Redistricting In Virginia: Evaluating The Effectiveness Of Reforms, Alex Keena

Richmond Public Interest Law Review

The redistricting cycle that followed the 2020 census provided the first test of Virginia’s redistricting reforms that were enacted when voters approved the constitutional amendment in the 2020 General Election. The centerpiece of these reforms is the bipartisan Virginia Redistricting Commission, comprised of eight citizen and eight legislator members. This article details how the 2021 redistricting occurred under the new reforms, and it evaluates the maps that were ultimately approved.

While the selection of the commissioners unfolded successfully and in accordance with the law, the work of the commission was mired by partisan fighting and dysfunction. Nevertheless, a statistical analysis …


Artificial Intelligence Mechanisms In Countering Violent Extremism, Ammar Al-Babli Jan 2023

Artificial Intelligence Mechanisms In Countering Violent Extremism, Ammar Al-Babli

Journal of Police and Legal Sciences

The research idea revolves around the mechanisms of artificial intelligence in monitoring and combating extremist groups' dissemination of bad, misleading ideas, destructive ideologies, fake images, and videos, especially those related to terrorism and extremism. Artificial intelligence can be used to confront violent extremism on social media platforms. Social media companies widely use artificial intelligence in their efforts to remove and ban terrorist content from their platforms. The research includes threats arising from cyberspace, such as terrorism, promotion, recruitment, exploitation, and hate speech, to random email, as the ultimate goal of terrorists is to undermine societies and political systems by generating …


Proactive Scientific Forecasting Of Cyber Threats, Mohamed Badrat Jan 2023

Proactive Scientific Forecasting Of Cyber Threats, Mohamed Badrat

Journal of Police and Legal Sciences

The cyber globalization has brought about significant transformations in human life. Despite supporting the goals of sustainable development, contributing to the exchange of ideas and beliefs, blending cultures and knowledge, and promoting the trade of goods and services among different peoples of the world, it poses threats to privacy and reduces security. Unethical behaviors and cyber crimes have been prevalent in this widespread and interconnected world, replacing traditional crimes with electronic ones. With the evolution of globalization and technological advancement, cyber threats undermine all avenues of progress and prosperity.

The study adopted a descriptive-analytical methodology to describe and study the …


At A Glance: Defining Missouri’S Homeschooling Regulations, Christine Hall Jan 2023

At A Glance: Defining Missouri’S Homeschooling Regulations, Christine Hall

SLU Law Journal Online

American parents have a right to homeschool their children, and it is only growing in popularity. Each state has the power to regulate homeschooling, and some do not regulate it at all. In this article, Christine Hall analyzes the practical application of Missouri's homeschooling statute and argues for a change in these regulations.


Externalities,Scarcity And Abundance, Brett M. Frischmann, Giovanni B. Ramello Jan 2023

Externalities,Scarcity And Abundance, Brett M. Frischmann, Giovanni B. Ramello

Faculty Publications

Introduction: Do externalities work and matter differently in a world of scarcity vs. a world of abundance? In this article, we critically examine the economic phenomena of externalities. The concept of externality, an important idea in economics and law, is useful in exploring the complex and dynamic relationships between resource supply and human flourishing within various sociotechnical systems.

Methods: First, we define the basic concept and explain why it is fundamental to economic analysis of complex social environments Second, we briefly survey the intellectual history of externalities with the goal of tying together a few different strands of economic theory …


The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree Jan 2023

The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree

Pace International Law Review

Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …


Frederick Douglass And The Original Originalists, Bradley Rebeiro Jan 2023

Frederick Douglass And The Original Originalists, Bradley Rebeiro

BYU Law Review

Constitutional scholars incessantly grapple over the significance of the Constitution’s original meaning. More specifically, they are preoccupied with, on the one hand, what that meaning is (if such meaning exists) and, on the other hand, the exact nature of that meaning’s authority (if any) over the Constitution and its interpreters. But this debate is hardly novel. In fact, one of the most compelling voices in U.S. history was immersed in similar debates and, out of the constitutional sparring of his time, forged an arresting theory of constitutional interpretation. Frederick Douglass, once a fierce opponent of the U.S. Constitution, evolved into …


Intro To Primary Sources, Katie Strand, Jen Kirk, Dan Davis, Lara Petersen Jan 2023

Intro To Primary Sources, Katie Strand, Jen Kirk, Dan Davis, Lara Petersen

All E-Learning Resources

Attention: As of 2026 updated versions of this item will no longer be available on Digital Commons. Please contact [email protected] for more information.

The Identifying Primary Sources tutorial teaches students how they find, evaluate, and use primary sources in their own research. Along the way, they'll learn about some great places to start researching when looking for primary sources.


Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment, Artem M. Joukov Jan 2023

Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment, Artem M. Joukov

West Virginia Law Review

Prior to exiting the White House, President Trump placed a variety of restrictions on Chinese-owned social media applications, TikTok and WeChat, threatening to greatly curtail their influence in the United States. While couching his actions in the context of national security, the former president engaged in viewpoint discrimination in plain violation of the First Amendment to the United States Constitution. The court rulings in favor of TikTok and WeChat were encouraging and should stem the tide of future government regulations of social media platforms. This article discusses how the decisions fit into the greater context of First Amendment jurisprudence and …


Penggandaan Sementara (Ephemeral Recording) Dalam Konser Daring Yang Disiarkan Secara Live Stream Terkait Penggunaan Hak Cipta Lagu, Diana Silfiani Jan 2023

Penggandaan Sementara (Ephemeral Recording) Dalam Konser Daring Yang Disiarkan Secara Live Stream Terkait Penggunaan Hak Cipta Lagu, Diana Silfiani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The COVID-19 pandemic has shifted the form of conducting music concerts from face-to-face concerts to online concerts through the live stream mechanism. Some practitioners opine that the implementation of live stream online concerts is considered to contain elements of temporary reproduction (ephemeral recording) and may be used for the purposes as regulated in Article 49 of Law No. 28 Year 2014 on Copyright. This paper examines whether the use of copyrighted songs in live streams music concerts can be categorized as ephemeral recording. This research will be carried out using socio-legal studies methods as an interdisciplinary studies with the help …


Wild Cards In Natural Resource Planning: High Impact Surprises That Shape The Future, Dr. David Bengston Jan 2023

Wild Cards In Natural Resource Planning: High Impact Surprises That Shape The Future, Dr. David Bengston

Natural Resources Journal

Wild cards are improbable, high impact events. Such events, like the COVID-19 pandemic, have the ability to shape policy by upending entire systems and paradigms. Unfortunately, long-term planning and policymaking rarely account for wild card events. Instead, planning and policymaking typically assume that existing trends will continue without major disruption. Moreover, adequately planning for potential wild card events is challenging because they are inherently difficult to predict. However, planning for wild card events in natural resources and environmental policymaking is vital as global developments, such as climate change, create more extreme conditions and challenges. This review, (1) defines and characterizes …


Jd-Next: A Valid And Reliable Tool To Predict Diverse Students’ Success In Law School, Jessica Findley, Adriana Cimetta, Heidi Burross, Katherine Cheng, Matt Charles, Cayley Balser, Ran Li, Christopher Robertson Jan 2023

Jd-Next: A Valid And Reliable Tool To Predict Diverse Students’ Success In Law School, Jessica Findley, Adriana Cimetta, Heidi Burross, Katherine Cheng, Matt Charles, Cayley Balser, Ran Li, Christopher Robertson

Faculty Scholarship

Admissions tests have increasingly come under attack by those seeking to broaden access and reduce disparities in higher education. Meanwhile, in other sectors there is a movement towards “work-sample” or “proximal” testing. Especially for underrepresented students, the goal is to measure not just the accumulated knowledge and skills that they would bring to a new academic program, but also their ability to grow and learn through the program. The JD-Next is a fully online, noncredit, 7- to 10-week course to train potential JD students in case reading and analysis skills, prior to their first year of law school. This study …


When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan Jan 2023

When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan

Loyola University Chicago Law Journal

This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College’s race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions systems were brought by white plaintiffs alleging “reverse discrimination” based on the theory that a university discriminated against them by assigning a plus factor to underrepresented minority applicants. SFFA v. Harvard is distinct from these cases because the plaintiff organization, SFFA, brought a claim alleg-ing that Harvard engages in intentional discrimination …


Making Virtual Things, Joshua A.T. Fairfield Jan 2023

Making Virtual Things, Joshua A.T. Fairfield

Scholarly Articles

People value virtual things—such as NFTs—because such assets trigger and satisfy deep-seated narratives of property and ownership. The cause of the recent series of failures to regulate virtual assets, and the resulting crashes, has been a failure to take seriously the ways people perceive and use the assets. Current legal frameworks fail to support buyers’ and users’ expectations of ownership in virtual things they purchase.

Making virtual things is a matter of social construction of value. Virtual things, like real-world things, have value because a community values them for a purpose. It therefore makes no sense to discount how and …


Religious Gerrymandering: A New Avenue For Redistricting Challenges?, Jacqueline Rosen Jan 2023

Religious Gerrymandering: A New Avenue For Redistricting Challenges?, Jacqueline Rosen

Utah Law Student Scholarship

Recently, the Supreme Court significantly limited review of partisan gerrymandering claims, closing the door to a substantial portion of redistricting challenges. However, religious-based redistricting is an overlooked area that should be explored under both federal and state Constitutions. Existing redistricting standards can easily be applied to religious gerrymandering claims. In addition, the federal Establishment Clause may provide a basis for some especially egregious instances of religious gerrymandering. However, perhaps the least explored and most viable avenue for relief is through reliance on state constitutional protections, such as the unique language of Utah’s Constitution. Using Utah as a case study, I …


Critical Race Theory And Florida Schools: An Attempt To Suppress Racism Embedded Within American History Jan 2023

Critical Race Theory And Florida Schools: An Attempt To Suppress Racism Embedded Within American History

Florida A & M University Law Review

“Our Constitution is colorblind, and neither knows nor tolerates classes among its citizens.” Imagine that a public school student learns that the curriculum taught at their school about their culture and its history has just been banned. Further, they discover that the reasoning for the removal is the belief that the curriculum promotes reverse racism. Imagine this happening only to classes related to their culture and background, but similar courses teaching the history and experiences of other cultures remain untouched, unbanned, and unaddressed. History is the story of the past and tells us where we are, where we come from, …


Google Llc V. Oracle America, Inc., Elizabeth Spica Jan 2023

Google Llc V. Oracle America, Inc., Elizabeth Spica

Tennessee Law Review

No abstract provided.


Contract Logic, Naveen Thomas Jan 2023

Contract Logic, Naveen Thomas

Faculty Scholarship

No abstract provided.


Establishing The Legal Framework To Regulate Quantum Computing Technology, Kaya Derose Jan 2023

Establishing The Legal Framework To Regulate Quantum Computing Technology, Kaya Derose

Catholic University Journal of Law and Technology

No abstract provided.


Applying Bentham's Theory Of Fallacies To Chief Justice Robert's Reasoning In West Virginia V. Epa, Dana Neacsu Jan 2023

Applying Bentham's Theory Of Fallacies To Chief Justice Robert's Reasoning In West Virginia V. Epa, Dana Neacsu

Duquesne Law Review

There are two issues in West Virginia v. EPA.1 One regards justiciability, and the other delegation. Article III of the Federal Constitution limits justiciability to controversies, to disputes involving an injured party whose harm the judiciary believes it can remedy. The Constitution is silent on delegation.

This Essay summarizes the Court's decision in West Virginia v. EPA.2 It also analyzes Chief Justice Roberts' reasoning and addresses the case's flaws from two perspectives. It references the Court's decision connecting it to the so-called New Deal Cases,3 because in both Panama Refining Co. v. Ryan,4 …


Increasing Representation: Expanding Intersectional Claims In Employment Discrimination, Anna Maria Sicenica Jan 2023

Increasing Representation: Expanding Intersectional Claims In Employment Discrimination, Anna Maria Sicenica

Duquesne Law Review

The trend of globalization has only continued to bring workers from different races, religions, and countries to the United States. Moreover, in a country where women continue to become a larger part of the workforce every year, and as the age of retirement continues to grow, there will inevitably be more women who will face discrimination on multiple grounds: specifically, for their age and sex. Thus, it is no wonder that "intersectional claimants," or claimants that belong to least two or more protected classes under the law, now make up the majority of the workforce.

However, despite the fact that …


Ok, Zoomer: Teaching Legal Research To Gen Z, Olivia R. Smith Schlinck Jan 2023

Ok, Zoomer: Teaching Legal Research To Gen Z, Olivia R. Smith Schlinck

Library Staff Articles

Generation Z has entered law school. With each new generation comes new education preferences. While research on Gen Z in the legal academy has grown over the past few years, to date none deal explicitly with teaching legal research to Gen Z. This article connects Gen Z’s childhood and resulting peer personality to 10 tangible pedagogical changes for teaching legal research to Gen Z.


Originalism V. Dynamic Constitutionalism: Implications Of Religious Beliefs On Constitutional Interpretation, Rev. Tj Denley Jan 2023

Originalism V. Dynamic Constitutionalism: Implications Of Religious Beliefs On Constitutional Interpretation, Rev. Tj Denley

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Artificially Intelligent Trolley Problem: Understanding Our Criminal Law Gaps In A Robot Driven World, Jake Feiler Jan 2023

The Artificially Intelligent Trolley Problem: Understanding Our Criminal Law Gaps In A Robot Driven World, Jake Feiler

UC Law Science and Technology Journal

Not only is Artificial Intelligence (AI) present everywhere in people’s lives, but the technology is also now capable of making unpredictable decisions in novel situations. AI poses issues for the United States’ traditional criminal law system because this system emphasizes mens rea’s importance in determining criminal liability. When AI makes unpredictable decisions that lead to crimes, it will be impractical to determine what mens rea to ascribe to the human agents associated with the technology, such as AI’s creators, owners, and users. To solve this issue, the United States’ legal system must hold AI’s creators, owners, and users strictly liable …


Vulnerable Fraudsters: Reverse Affinity Fraud In Cases Of Public Hoaxes, Caroline E. Vordtriede Jan 2023

Vulnerable Fraudsters: Reverse Affinity Fraud In Cases Of Public Hoaxes, Caroline E. Vordtriede

Criminal Law Practitioner

This Article examines reverse affinity fraud, which is affinity fraud in the context of public hoaxes. In traditional affinity fraud the fraudster targets a vulnerable group, whereas in cases of public hoaxes the fraudster portrays herself as part of a vulnerable group and targets the well-meaning and sympathetic general public. This Article explores the mindset and characteristics of vulnerable fraudsters in reverse affinity frauds by analyzing the cases of Sherri Papini and Lacey Spears. Both Papini and Spears utilized social media and online giving sites to defraud the public, and their cases highlight the unique challenges prosecutors have in proving …


When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar Jan 2023

When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …


Is Disclosure And Certification Of The Use Of Generative Ai Really Necessary?, Maura R. Grossman, Paul W. Grimm, Daniel G. Brown Jan 2023

Is Disclosure And Certification Of The Use Of Generative Ai Really Necessary?, Maura R. Grossman, Paul W. Grimm, Daniel G. Brown

Faculty Scholarship

No abstract provided.


#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking, Carol T. Li, Matthew E.K. Hall, Veronica Root Martinez Jan 2023

#Metoo & The Courts: The Impact Of Social Movements On Federal Judicial Decisionmaking, Carol T. Li, Matthew E.K. Hall, Veronica Root Martinez

Faculty Scholarship

In late 2017, the #MeToo movement swept through the United States as individuals from all backgrounds and walks of life revealed their experiences with sexual abuse and sexual harassment. After the #MeToo movement, many scholars, advocates, and policymakers posited that the watershed moment would prompt changes in the ways in which sexual harassment cases were handled. This Article examines the impact the #MeToo movement has had on judicial decisionmaking. Our hypothesis is that the #MeToo movement’s increase in public awareness and political attention to experiences of sexual misconduct should lead to more pro-claimant voting in federal courts at the district …


What's In A Number? Basic Statistical Literacy For Lawyers, Cody James Jan 2023

What's In A Number? Basic Statistical Literacy For Lawyers, Cody James

Law Librarian Scholarship

There is a running joke within the legal profession that lawyers choose to go to law school because they are bad at math. Facially, this proposition makes sense. The bread and butter of the legal profession is written and oral advocacy, not numbers and arithmetic.

But the legal profession has never existed outside of the realm of numbers. And in today’s world of big data where judges’ decisions and opposing counsel’s actions can be quantified and packaged into orderly statistics, basic statistical literacy is a critical part of legal research and practice.


Enforcement Penalties At The Itc, Andrea R. Hugill, John C. Jarosz, Katherine D. Cappaert Jan 2023

Enforcement Penalties At The Itc, Andrea R. Hugill, John C. Jarosz, Katherine D. Cappaert

Northwestern Journal of International Law & Business

The U.S. International Trade Commission (“ITC” or “Commission”) has grown in importance as a venue for U.S. companies to pursue intellectual property (“IP”) violators and to block the sale or importation of goods from overseas that infringe U.S. IP rights. Once a violation of the Section 337 of the Tariff Act of 1930 is found, an order halting further infringement, including importation, is almost always entered. In theory, potentially sizeable penalties may be imposed on entities that do not comply with the terms of an import restriction. In practice, the terms of an import restriction are almost always honored, but …