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Ganges In Indian Sculpture And Literature: Mythology And Personification, Nalini Rao

Monsoon: South Asian Studies Association Journal

The river Ganges is a symbol of wealth, purity and eternity, and its sacred waters have inspired sages, philosophers, and artists in India who have immortalized its divine imagery. However, it has rarely been understood from a historical point of view, as to how it became so sacred and to view it from a multi-dimensional and interdisciplinary perspective with an accumulation of layers of historical thought and practices, provides a rationale for the living practices around the river. The paper explores the evolution of the concept of sacredness and eternity of River Ganges through art- historical and archaeological evidence. It …

Diversity, Equity, And Inclusion: Perspectives From Contemporary India And 6th Century Jain Yoga, Christopher Key Chapple

Monsoon: South Asian Studies Association Journal

Times New Roman

Book Review Of The Law Student’S Guide To Doing Well And Being Well, Lawrence Krieger

Journal of Legal Education

No abstract provided.

Chatgpt Goes To Law School, Jonathan H. Choi, Kristin E. Hickman, Amy B. Monahan, Daniel Schwarcz

Journal of Legal Education

No abstract provided.

A Failure To Innovate: The Second Nagorno-Karabakh War, Zhirayr Amirkhanyan

The US Army War College Quarterly: Parameters

The root cause for the defeat of the Armenian forces in the second Nagorno-Karabakh War was flawed military doctrine inherited from the Soviet Union. This article analyzes the major problems faced by Armenia, uncovers the main reasons for unsuccessful innovation, tests empirical findings against some of the most authoritative theories of the field, and outlines current research on the largest state-onstate warfighting of recent years, while substantiating the analysis with established scholarship in the field of military innovation.

In Search Of John Constable's The White Horse: A Case Study In Tortured Provenance And Proposal For A Torrens-Like System Of Title Registration For Artwork, Bruce W. Burton

Florida Law Review

No abstract provided.

A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer

Florida Law Review

No abstract provided.

The Patented Loophole: How Should Congress Respond To This Judicial Invention?, William A. Drennan

Florida Law Review

A patent is an artificial device that encourages inventions. The introduction of patent protection into an industry is appropriate when inventions in that industry otherwise would be produced at suboptimal levels. The Patent Office recently started issuing patents on tax loopholes, providing a new and incredibly powerful economic incentive that will encourage tax gurus to invent loopholes at unprecedented rates. This Article asserts that there is no need to provide patents to encourage tax gurus to invent more tax loopholes. Congress should prohibit patentholders from collecting damages based on the tax savings generated from the use of a patented process.

The Sec's New Regulation Ats: Placing The Myth Of Market Fragmentation Ahead Of Economic Theory And Evidence, Mark Klock

Florida Law Review

No abstract provided.

Cyberlaundering: The Risks, The Responses, Sarah N. Welling, Andy G. Rickman

Florida Law Review

No abstract provided.

Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Mason Pope

Maine Law Review

Tort-based doctrines of informed consent have utterly failed to assure that patients understand the risks, benefits, and alternatives to the healthcare they receive. Fifty years of experience with the doctrine of informed consent have shown it to be an abject catastrophe. Most patients lack an even minimal understanding of their treatment options. But there is hope. Substantial evidence shows that patient decision aids (PDAs) and shared decision making can bridge the gap between the theory and practice of informed consent. These evidence-based educational tools empower patients to make decisions with significantly more knowledge and less decisional conflict than clinician-patient discussions …

Anthropocene Fiction: Empathy, Kinship, And The Troubled Waters At The End Of The World, Megan Mandell Stowe

USF Tampa Graduate Theses and Dissertations

Anthropocene literature features characters and environments grappling with the devastation of climate change. Donna Haraway’s term Chthulucene narrows this category further by exposing the tentacular connections between overpopulation, dependence on material goods, species loss, and other facets of global warming—such as water as a resource. Three novels of the Chthulucene exhibit these connections, centering on the importance of water to both ecologies and personal identity. As seen in the novels, place attachment brings ecology and identity together by forging a stewardship between person and location, often resulting in efforts to defend and preserve a place. In Octavia Butler’s Parable of …

The Dawn Of A New Era: Antitrust Law Vs. The Antiquated Ncaa Compensation Model Perpetuating Racial Injustice, Amanda L. Jones

Northwestern University Law Review

Two crises in 2020 fueled the fire underlying a debate that has been smoldering for years: whether student athletes should be compensated. The COVID-19 pandemic coincided with the Black Lives Matter movement and drew unprecedented attention to systemic racism permeating society, including college sports that rely disproportionately on Black men risking physical harm to support an entire industry. The Supreme Court’s decision in NCAA v. Alston opened the door for some athletic conferences to offer student athletes unlimited education-related benefits and called out the NCAA’s business model that relies on not paying student athletes under the justification of amateurism. Alston …

A Critical Comparison Of Brave Browser And Google Chrome Forensic Artefacts, Stuart Berham, Sarah Morris

Journal of Digital Forensics, Security and Law

Digital forensic practitioners are tasked with the identification, recovery and analysis of Internet browser artefacts which may have been used in the pursuit of committing a civil or criminal offence. This research paper critically compares the most downloaded browser, Google Chrome, against an increasingly popular Chromium browser known as Brave, said to offer privacy-by-default. With increasing forensic caseloads, data complexity, and requirements for method validation to satisfy ISO 17025 accreditation, recognising the similarities and differences between the browsers, developed on the same underlying technology is essential. The paper describes a series of conducted experiments and subsequent analysis to identify artefacts …

The Hack Of The Racial Wealth Gap: How The "American Families Plan" Will Jeopardize The Anonymity Of Cryptocurrency Transactions And Potentially Harm Investors Of Color, Asha E. Mccorvey

North Carolina Banking Institute

No abstract provided.

Trust In Robotics: A Multi-Staged Decision-Making Approach To Robots In Community, Wenxi Zhang, Willow Wong, Mark Findlay

Centre for AI & Data Governance (2019-2025)

Pivoting on the desired outcome of social good within the wider robotics ecosystem, trust is identified as the central adhesive of the HRI interface. However, building trust between humans and robots involves more than improving the machine’s technical reliability or trustworthiness in function. This paper presents a holistic, community-based approach to trust-building, where trust is understood as a multifaceted and multi-staged looped relation that depends heavily on context and human perceptions. Building on past literature that identifies dispositional and learned stages of trust, our proposed Decision to Trust model considers more extensively the human and situational factors influencing how trust …

The Impact Of Social Security Of Dependents And Financing Of Post-Secondary Education Of Dependents On Support Obligations In Particularly California Divorces After The Tax Cuts And Jobs Act Of 2017, John R. Dorocak

Marquette Benefits and Social Welfare Law Review

The 2017 Tax Cuts and Jobs Act made alimony in divorce decrees and separation agreements entered into after December 31, 2018, neither deductible by the payor nor income to the payee for federal income tax purposes. Likely, that change in the tax law will result in less income to payees in a divorce and higher taxes for payors. In California, support in divorces is basically calculated by the software program Dissomaster. With payors facing higher taxes, such payors may look for possible sources of additional income for paying support. Payors may receive a credit in California against the support obligation …

Hope Dies Last: The Progressive Potential And Regressive Reality Of The Antibalkanization Approach To Racial Equality, David Simson

William & Mary Bill of Rights Journal

This Article relies on Critical Race Theory concepts and social science research to make an important and timely contribution to a debate in law and public policy that is both long-standing and of immense current importance: What is the relationship between social cohesion on the one hand, and racial equality progress on the other?

[...]

Over the last four decades, the Supreme Court’s equal protection jurisprudence on governmental race-consciousness has answered with an “antibalkanization approach” which prioritizes social cohesion. Indeed, this approach views social cohesion as a prerequisite for racial equality progress. It considers racial hostility and resentment among White …

Wal-Mart Stores, Inc. V. Texas Alcoholic Beverage Commission: The Supreme Court Misses Its "Shot" At Clarifying State Alcohol Regulations And The Commerce Clause, Josephine Battles

William & Mary Bill of Rights Journal

The Supreme Court erred by denying certiorari in Wal-Mart Stores, Inc. v. Texas Alcoholic Beverage Commission. The Texas statute that bans all publicly traded corporations from obtaining a license to sell liquor, but carves an exception for some Texas-run public corporations through an express clause, is in direct violation of the dormant Commerce Clause. The Texas Legislature disguised the public corporation ban as a “facially neutral” alcohol regulation, however, the ban is discriminatory towards out-of-state competitors in both its purpose and effect. Moreover, the Fifth Circuit’s decision in Wal-Mart Stores is firmly inconsistent with Supreme Court precedent. Additionally, the …

The Protection Of Freedom Of Expression From Social Media Platforms, András Koltay

Mercer Law Review

Social media platforms have overturned the previously known system of public communication. As predicted at the outset, the spread of the public Internet that started three decades ago has resulted in a paradigm shift in this field. Now, anyone can publish their opinion outside the legacy media, at no significant cost, and can become known and be discussed by others. Due to the technological characteristics of the Internet, it might also be expected that this kind of mass expression, with such an abundance of content, would necessitate the emergence of gatekeepers, similar in function to the ones that existed earlier …

Review: The Dialogical Roots Of Deduction: Historical, Cognitive, And Philosophical Perspectives On Reasoning, Brian N. Larson

Faculty Scholarship

The balance of this review addresses matters in the book that should be of particular interest to readers in the legal rhetoric and communication community. First, it addresses some concepts central to Dutilh Novaes’ effort. Second, it surveys the book’s organization, identifying some key observations and conclusions that she supports with careful evidence and argumentation. Third, it addresses Dutilh Novaes’ attention to non-European and non-Western research and logical traditions. Finally, it considers some difficult and technical passages, noting those readers should work through because the payoff is worth it and others I believe readers in our field might skip.

The Democratizing Potential Of Algorithms?, Ngozi Okidegbe

Faculty Scholarship

Jurisdictions are increasingly embracing the use of pretrial risk assessment algorithms as a solution to the problem of mass pretrial incarceration. Conversations about the use of pretrial algorithms in legal scholarship have tended to focus on their opacity, determinativeness, reliability, validity, or their (in)ability to reduce high rates of incarceration as well as racial and socioeconomic disparities within the pretrial system. This Article breaks from this tendency, examining these algorithms from a democratization of criminal law perspective. Using this framework, it points out that currently employed algorithms are exclusionary of the viewpoints and values of the racially marginalized communities most …

The Epistemology Of Second Best, Gary S. Lawson

Faculty Scholarship

Second best theory “holds that where it is not possible to satisfy all the conditions necessary for a[] . . . system to reach an overall optimum, it is not generally desirable to satisfy as many of those conditions as possible.” Adrian Vermeule, Foreword: System Effects and the Constitution, 123 HARV. L. REV. 4, 17 (2009). In other words, if you are not moving all the way to the ideal state of affairs, it is unclear whether partial moves that seem to go in the direction of the ideal make the world “better” or “worse” – with “better” or “worse” …

The Role Of Artificial Intelligence In Pushing The Boundaries Of U.S. Regulation: A Systematic Review, Gutierrez Gaviria, Carlos Ignacio

Santa Clara High Technology Law Journal

Artificial Intelligence’s (AI) growing catalog of applications and methods has the potential to profoundly affect public policy by generating instances where regulations are not adequate to confront the issues faced by society, also known as regulatory gaps. The objective of this article is to improve our understanding of how AI influences U.S. public policy. It does so by systematically exploring, for the first time, this technology’s role in the generation of regulatory gaps. Specifically, it addresses two research questions:

1. What U.S. regulatory gaps exist due to AI methods and applications?

2. When looking across all of the gaps identified in the …

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Salvaging Value From The Measure Of "Requirements Volatility" In The Dod's Software Resources Data Report (Srdr), Robert T. Walker

Theses and Dissertations

The DoD and the software development industry as a whole has long dwelt over the idea of requirements volatility (RV). The DoD has toiled with this concept so much so that its guidance was modified four times over a 13 year span. In these changes, its policy completely transformed the what, how, and when regarding RV information. As a result, the volatility data it has received is quite varied and seemingly useless for anything more than anecdotal analysis. This study takes several approaches to salvage value from this data. It begins with a survey of the uncertain concept of volatility, …

Hope Dies Last: The Progressive Potential And Regressive Reality Of The Antibalkanization Approach To Racial Equality, David Simson

Articles & Chapters

This Article relies on Critical Race Theory concepts and social science research to make an important and timely contribution to a debate in law and public policy that is both longstanding and of immense current importance: What is the relationship between social cohesion on the one hand, and racial equality progress on the other. Events over the last year have put this question into sharp relief. On the one hand, portions of the general public and at least some policymakers have signaled support for the demands of racial justice activists to reduce and eliminate systemic racism after too many tragedies …

Ashamed, Judged, And Unsafe: A Qualitative Study Of Tenant Justice Perceptions To Inform The Redesign Of Housing Court, Daniel W. Bernal

New Mexico Law Review

Scholars have long suspected that tenants were skeptical of housing court, but prior studies—relying principally on surveys— have not borne that out. This qualitative empirical study draws from in-depth interviews and finds, in contrast to these previous studies, that tenants find the housing court process anything but fair, and describe a startling disconnect between their reasons for court attendance and their experiences of the hearings. Such negative justice perceptions may affect participation in housing court, compliance with judgments, and overall confidence in the judicial process. This Article suggests several legal and policy reforms to better align the housing court experience …

The Need For An Integrated Preschool Efl Curriculum In Lebanon, Amal J. Yazigy Dr.

BAU Journal - Society, Culture and Human Behavior

An Integrated Curriculum for Preschool enriches the children’s linguistic environment that leads to better, more natural learning of the target language and concepts of different fields. This paper starts by reviewing available literature about child development, foreign language learning, EFL in this context, and the integrated curriculum. The development of a holistic curriculum for preschoolers in Lebanon is given taking into consideration the healthy cognitive, emotional, and psychomotor development of preschoolers.

Automating Fda Regulation, Mason Marks

Duke Law Journal

In the twentieth century, the Food and Drug Administration (“FDA”) rose to prominence as a respected scientific agency. By the middle of the century, it transformed the U.S. medical marketplace from an unregulated haven for dangerous products and false claims to a respected exemplar of public health. More recently, the FDA’s objectivity has increasingly been questioned. Critics argue the agency has become overly political and too accommodating to industry while lowering its standards for safety and efficacy. The FDA’s accelerated pathways for product testing and approval are partly to blame. They require lower-quality evidence, such as surrogate endpoints, and shift …

Modeling Through, Ryan Calo

Duke Law Journal

Theorists of justice have long imagined a decision-maker capable of acting wisely in every circumstance. Policymakers seldom live up to this ideal. They face well-understood limits, including an inability to anticipate the societal impacts of state intervention along a range of dimensions and values. Policymakers see around corners or address societal problems at their roots. When it comes to regulation and policy-setting, policymakers are often forced, in the memorable words of political economist Charles Lindblom, to “muddle through” as best they can.

Powerful new affordances, from supercomputing to artificial intelligence, have arisen in the decades since Lindblom’s 1959 article that …