Digital Commons Network^™

Law School Rankings And The Impossibility Of Anti-Racism, Rory D. Bahadur

St. Mary's Law Journal

This Article uses the U.S. News law school rankings to illustrate how powerful, invisible, and stubborn systemic racism is. This Article does not level allegations of intentionally blameworthy conduct at U.S. News, or any person or entity. More broadly, this Article does not address conscious and deliberate racism, or the examples of this type of racism with which America’s history is replete. Nor is this Article attempting to undervalue the significant impact of deliberately racist actions in American history on the economic disparity between white people and people of color.

Instead, I make an untrue assumption: All Americans of every …

Navigating The Non-Fungible Token, Kimberly A. Houser, John T. Holden

Utah Law Review

$91.8 million, $69 million, and $52.7 million. These are the amounts associated with the three most sought after Non-Fungible Tokens (NFTs) sold in 2021. Although NFTs were first created in 2014, 2021 saw a massive rise in their global popularity. In fact, Google reported that in 2021, “How to buy an NFT?” was one of its most searched questions.

NFTs can alternatively represent a collectible, a financial instrument, or a permanent record associated with a person, physical or digital object, or data—each presenting an entirely distinct set of legal issues. The lack of governmental expertise in emerging technologies accompanied by …

Proving Copying, Shyamkrishna Balganesh, Peter S. Menell

William & Mary Law Review

Proof that a defendant actually copied from a copyrighted work is a critical part of a claim for copyright infringement. Indeed, absent such copying, there is no infringement. The most common method of proving copying involves the use of circumstantial evidence, consisting of proof that a defendant had “access” to the protected work, and a showing of “similarities” between the copy and the protected work. In inferring copying from the combination of such evidence, courts have for many decades developed a framework known as the “inverse ratio rule,” which allows them to modulate the level of proof needed on access …

Nowcasting Gdp Of Singapore Through-The-Lens Of Maritime Trade And Services, Amrita Kumar Saha, Laxmi Hari Kamath, Pfarlin Imperio Cortes

World Maritime University Dissertations

No abstract provided.

Analysis Of The Relationship Between International Trade And Economic Growth Of Jordan, Mohammed Ali Salem Shubeilat

World Maritime University Dissertations

No abstract provided.

Impact Of Big Data Analytics On The Privacy Rights Of Seafarers, Adanna Nkiruka Okonkwo

World Maritime University Dissertations

No abstract provided.

11th International Conference On Business, Technology And Innovation 2022, University For Business And Technology - Ubt

UBT International Conference

Welcome to IC – UBT 2022

UBT Annual International Conference is the 11th international interdisciplinary peer reviewed conference which publishes works of the scientists as well as practitioners in the area where UBT is active in Education, Research and Development. The UBT aims to implement an integrated strategy to establish itself as an internationally competitive, research-intensive university, committed to the transfer of knowledge and the provision of a world-class education to the most talented students from all background. The main perspective of the conference is to connect the scientists and practitioners from different disciplines in the same place and make …

Relevance And Equality: An Analytical Account, Pedro Moniz Lopes

The Journal of Contemporary Legal Issues

In day-to-day life, one is compelled to compare. In replying to a question on one’s favorite things, one will group them together based on the satisfaction one is provided with, leaving out the rest. In discussing the issue of spiteful people, one is promptly reminded of some common features of individuals whose actions typically meet the required criteria (or the criteria one sets for such category). In metaphorical speech—for instance, by descriptively asserting that “no man is an island”—one grounds the assertion on past knowledge of the prototypical isolation of islands to, then, negate the transfer of such features to …

Luck Egalitarianism And The Spirit Of Capitalism, Horacio Spector

The Journal of Contemporary Legal Issues

This paper is organized in six sections. In the following section, I discuss Dworkin’s and Cohen’s views regarding the function of markets in providing a method of social assessment. I suggest that their treatment of social valuation is of limited use because it is restricted to rudimentary economic systems like the immigrants’ island and the camping trip. In section III, I argue that the principle of responsibility is indeterminate in that it lacks a criterion of social value. I also claim that a Paretian interpretation of social value is the most plausible way to give concrete meaning to the idea …

Michael Perry And Human Rights, Andrew Koppelman

The Journal of Contemporary Legal Issues

Michael Perry’s lifelong project has been to give a philosophical account of human rights, beginning with its foundational basis and ending with specific prescriptions for controversial cases. His writing is notable for the moral urgency he brings to the task—an urgency that is often underscored by his conscientious willingness to engage with objections and to rethink his arguments. For most scholars, such willingness is the only opportunity we have in our work to display the virtue of courage. It is an opportunity too often declined, but never by Perry. All this makes him admirable, not only as a scholar, but …

An Evaluation Framework For Digital Image Forensics Tools, Zainab Khalid, Sana Qadir

Journal of Digital Forensics, Security and Law

The boom of digital cameras, photography, and social media has drastically changed how humans live their day-to-day, but this normalization is accompanied by malicious agents finding new ways to forge and tamper with images for unlawful monetary (or other) gains. Disinformation in the photographic media realm is an urgent threat. The availability of a myriad of image editing tools renders it almost impossible to differentiate between photo-realistic and original images. The tools available for image forensics require a standard framework against which they can be evaluated. Such a standard framework can aid in evaluating the suitability of an image forensics …

A Study Of The Data Remaining On Second-Hand Mobile Devices In The Uk, Olga Angelopoulou, Andy Jones, Graeme Horsman, Seyedali Pourmoafi

Journal of Digital Forensics, Security and Law

This study was carried out intending to identify the level and type of information that remained on portable devices that were purchased from the second-hand market in the UK over the last few years. The sample for this study consisted of 100 second hand mobile phones and tablets. The aim of the study was to determine the proportion of devices that still contained data and the type of data that they contained. Where data was identified, the study attempted to determine the level of personal identifiable information that is associated with the previous owner. The research showed that when sensitive …

Path Choice Of Algorithm Intellectual Property Protection, Yulu Jin, Youdan Xiao

Bulletin of Chinese Academy of Sciences (Chinese Version)

Protection of algorithm by intellectual property is a powerful way to stimulate innovation and regulate the risk of the algorithm. Algorithm that can be protected by intellectual property right is the program algorithm, which is compiled in computer language, in the form of coded instruction sequence, run by the computer and produce independent rational value results. The article is combed out that there are drawbacks to the traditional path of IP to protect program algorithms:it has conflict between program algorithm and copyright law system; the trade secret path is at odds with program algorithmic governance; and program algorithm can hardly …

Why The President Should Remain Commander In Chief Of The D.C. National Guard, Christopher F. Melling

BYU Law Review

No abstract provided.

Unsticking American Tort Theory, Benjamin Sundholm

University of Cincinnati Law Review

In the United States, the debate over the foundations of tort law is at an impasse. On one side of the dispute, economic theorists contend that tort law is primarily concerned with the forward-looking aim of maximizing societal wealth. The most prominent critics of this view claim that an economic analysis of tort law cannot explain the field’s backward-looking concern with achieving corrective justice by remedying wrongs. Despite the strength of this critique, economic theorists have a legitimate response available to them: corrective justice describes the reparative aspect of tort law, but it stops short of providing a justificatory account …

Choices: The Many Routes To Justice And Peace With Dispute Resolution, Ethics, And Feminism, Carrie Menkel-Meadow

Texas A&M Law Review

As Yogi Berra once said, “When you come to a fork in the road. . . . take it[!]” Our lives present us all with choices—personal and professional. My professional life has been filled with efforts to create more choices of process and ethical and political commitments to seek a more just world. I began as a poverty and civil rights lawyer and sought effective and creative ways to solve problems, notably when court-based solutions were too “brittle” and binary and did not solve the underlying problem. I have looked at legal problem solving through the lens of interdisciplinary approaches …

أنماط وأساليب التعلم وعلاقته بمستوى الذكاء المتعدد والتحصيل الدراسي لدي طلاب قسم اللغة العربية بكلية الآداب, الدكتور بلال ابراهيم يعقوب

Midad AL-Adab Refereed Quarterly Journal

هدفت هذه الدراسة إلى الكشف عن علاقة أنماط وأساليب التعلم بالذكاءات المتعددة والتحصيل الدراسي في اللغة العربية لدى طلبة قسم اللغة العربية/ كلبية الآداب مستخدما استبانة كأداة قياس أعدت لهذا الغرض، وتوصل الباحث إلى أن:

1- 59.9% من طلاب العينة يعد نمط تعلمهم الأعلى هو الملاحظة التأملية.

2- 19.7% من طلاب العينة يعد نمط تعلمهم الأعلى هو المفاهيم المجردة.

3- 12.5% من طلاب العينة يعد نمط تعلمهم الأعلى هو التجريب الفعال.

4- 7.9% من طلاب العينة يعد نمط تعلمهم الأعلى هو الخبرة الحسية.

وأوصى الباحث:

1- إجراء مزيد من الدراسات على الطلبة الدارسين في مؤسسات التعلم العالي في العراق من …

A Not-So-Clean Slate: A Progress Report Of Pa’S Automated Record Sealing Law, Matt B. Saboe, Tekia Huger-Burton

Sustainability Research & Practice Seminar Presentations

Professor Matt B. Saboe, Economics and Finance, and Tekia Huger-Burton - A Not-So-Clean Slate: A Progress Report of PA’s Automated Record Sealing Law

Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Santa Clara Magazine, Volume 63 Number 2, Fall 2022 [Print Issue 62:2], Santa Clara University

Santa Clara Magazine

14 - AFTER THE CANNONBALL What does it mean to wrestle with your own human limitations and vulnerability as you follow the footsteps of a saint? Hung Pham, S.J.

18 - GROWING When I was little, there seemed to be this nondescript era of life, a foggy “someday,” when becoming an adult just happened. Nikhita Panjnani ’24.

20 - HOW IT STARTED, HOW IT'S GOING For decades, the internet has shaped the way we communicate, but two years of being extremely online hit fast forward on its real-world impact. Matt Morgan.

26 - NURTURING NATURE A story in two stories: …

Research Exceptions In Comparative Copyright, Sean Flynn, Luca Schirru, Michael Palmedo, Andrés Izquierdo

Joint PIJIP/TLS Research Paper Series

This Article categorizes the world’s copyright laws according to the degree to which they provide exceptions to copyright exclusivity for research uses. We classify countries based on the degree to which they have a research exception in their law that is sufficiently open to be able to permit reproduction and communications of copyrighted work needed for academic (i.e. non-commercial) text and data mining (TDM) research. We show that nearly every copyright law has at least one exception that promotes uses for research purposes. We find six different approaches to the provision of research exceptions that implicate application to TDM. Notably, …

Parent, Child And State: Regulation In A New Era Of Homeschooling, Lawson B. Hamilton

The Journal of Law and Education

No abstract provided.

Academic Freedom And Misgendered Honorifics In The Classroom, Gabrielle Dohmen

University of Chicago Law Review

In recent years, public universities have promulgated pronoun policies designed to encourage professors and students to respect the pronouns that others use to identify themselves. A professor who does not follow the pronoun policy and instead misgenders a student—or uses gendered words or pronouns that do not match that student’s gender identity—may be disciplined by their university for violating the pronoun policy.

This Comment argues that professorial speech misgendering students in the classroom should not be protected by a professor’s First Amendment right to academic freedom, which traditionally covers teaching and scholarship. The First Amendment protects some exercises of academic …

Unintended Repercussions: Copyright Termination And The Punitive Effect Of § 203(A)(3) On The Rights Of Creators, Loren E. Mulraine

Law Faculty Scholarship

This article examines the unintended consequences of the copyright termination provisions under the Copyright Act of 1976, focusing specifically on the restrictive five-year termination window set forth in 17 U.S.C. § 203(a)(3). While Congress intended termination rights to rebalance bargaining power between authors and corporate transferees—particularly in industries such as music publishing and recording—the statutory framework has, in practice, imposed procedural burdens that frequently operate to the detriment of creators. Through historical analysis of U.S. copyright law, including the bifurcated renewal structure of earlier statutes and the legislative development of modern termination rights, the article argues that § 203’s rigid …

Lives In The Balance: Targeting And Civilian Comparative Value, Christopher F. Melling

Cardozo International & Comparative Law Review

When United States commanders want to attack lawful targets, they must decide if the attack is proportional under the Law of Armed Conflict ("LOAC'). The attack cannot cause excessive harm to civilians compared to the strike's military benefit. To help commanders decide if the strike is proportional, intelligence analysts forecast the number of men, women, and children who may be injured or killed as collateral damage. Yet because civilians are not equal for the purpose of targeting, commanders have no viable standard for evaluating the limited, homogenous data they receive on civilians. Commanders should have more information to help them …

Perspectives On The Future Of Tort Damages: The Law Should Reflect Reality, Victor E. Schwartz, Christopher E. Appel

South Carolina Law Review

No abstract provided.

Keeping Our Republic, Ashlee A. Paxton-Turner

South Carolina Law Review

No abstract provided.

Putin V. Zelensky: Reflections On Leadership, Global Order, And The Rule Of Law, Charles H. Brower Ii

University of Arkansas at Little Rock Law Review

No abstract provided.

Assessing The Racial Implications Of Ncaa Academic Measures, Timothy Davis

William & Mary Journal of Race, Gender, and Social Justice

In 1983, the NCAA’s adoption of heightened initial eligibility standards for incoming intercollegiate athletes was met with applause and criticism. Proponents lauded the measure as a legitimate means of restoring academic integrity within intercollegiate athletics. Opponents questioned whether seemingly racially neutral eligibility standards had a disproportionately negative impact on African American athletes. It is against this backdrop that the Article examines the racial implications of the NCAA’s past and present academic standards.

These standards consist of initial eligibility rules, progress-toward-degree requirements, the graduation success rate, and academic progress rate, the latter two of which comprise the NCAA’s Academic Performance Program. …

Could A More Limited Environmental Goods Agreement Resolve Continued Issues In Cities Compliance?, Andrew Coccoli

William & Mary Environmental Law and Policy Review

This Note will adopt an economic perspective while advocating for the most sustainable practices in natural resources management. It will first conduct a series of case studies of natural resources for which there is transnational or international demand, but unsustainable management. While CITES-listed resources will be considered with particular attention, unlisted and more conventional resources will also be considered. In its second part, this Note will consider mechanisms currently available in international trade to accommodate environmental progress, then will set forth various new measures the WTO could adopt to incentivize sustainable management of the Part I resources. Part III will …