Digital Commons Network^™

Apprendi At 20: Reviving The Jury's Role In Sentencing, Stephanos Bibas

North Carolina Law Review

No abstract provided.

A Racially Biased Obstacle Course: Apprendi Transformed The Federal Sentencing Guidelines Into A Series Of Judicial Obstacles; Can Shame Reduce The Racial Disparities, Kallie S. Klein, Susan R. Klein

North Carolina Law Review

No abstract provided.

Innovation In A Time Of Uncertainty: Lawyer-Leadership At Davis Polk And Wardwell Llp, Davis Polk Leadership Initiative

Davis Polk Leadership Initiative

In Fall 2009, Gabe Rosenberg was a first-year associate at Davis Polk and Wardwell LLP. Equipped with a master’s degree in applied mathematics and a newly-minted law degree, Rosenberg joined the Financial Institutions Group at a time when the firm and its clients were working hard to make sense of a rapidly changing regulatory environment following the 2008 financial crisis. It was this evolving regulatory complexity the firm and its clients faced that presented an opportunity for Gabe and one of the senior partners with which he worked, Meg Tahyar, to exercise lawyer-leadership.

The Problem With Assumptions: Revisiting “The Dark Figure Of Sexual Recidivism”, Tamara Rice Lave, Jj Prescott, Grady Bridges

Articles

What is the actual rate of sexual recidivism given the well‐ known fact that many crimes go unreported? This is a difficult and important problem, and in “The dark figure of sexual recidivism,” Nicholas Scurich and Richard S. John (2019) attempt to make progress on it by “estimat[ing] actual recidivism rates . . . given observed rates of reoffending” (p. 171). In this article, we show that the math in their probabilistic model is flawed, but more importantly, we demonstrate that their conclusions follow ineluctably from their empirical assumptions and the unrepresentative empirical research they cite to benchmark their calculations. …

Constraint Answer Set Programming As A Tool To Improve Legislative Drafting, Jason Morris

Centre for Computational Law (2022-2025)

Rules as Code" in this paper is used to refer to a proposed methodology of legislative and regulatory drafting.1 That legislation can be represented in declarative code for automation has long been recognized [6], as has the opportunity for improving the quality of legal drafting with the techniques of formal representation.

How The Rational Basis Test Protects Policing For Profit, William R. Maurer

University of Michigan Journal of Law Reform

Since the police shooting of Michael Brown in 2014 and the civil unrest that followed, numerous lawsuits have challenged laws that use the government’s ability to impose fines and fees for reasons other than the protection of the public. These challenges have usually raised equal protection challenges to these laws—that is, that the laws punish the poor more harshly than others. The challenges have been unsuccessful, largely because courts examine these laws using “rational basis review,” a standard that is highly deferential to the government and one in which the courts themselves are often required to actively advocate for the …

Homosexuality And Adoption Of Children: A Bibliometric Analysis, Karthiayani A. Ms., Manika Kamthan Dr.

Library Philosophy and Practice (e-journal)

This study is based on the bibliometric analysis of research publications that focus on highlighting the impact of homosexuality on the process of adoption of children. The primary objective of this study is to analyze the frequency of publications focusing on the impact of parental sexual orientation on the process of adoption in different countries. The data required for this study was collected from the Scopus database and was analyzed using VOSviewer software. Literature published from 2000 to January 2021 were extracted and analyzed. A total of 284 documents which are classified into articles, letters, editorials, conference papers, and reviews …

Microaggressions In The Academy: One Black Professor’S Narrative, Kevin L. Jones

Journal of Multicultural Affairs

For many Black men in academia, predominantly White institutions are the epicenter of racism and hindered success. My first year as an instructor at a predominantly White institution proved to be an experience I will never forget. I had some expectations of what I would encounter, but what actually happened far exceeded anything I could have imagined. Through the lens of a racial microaggressions framework, my personal narrative describes my lived experiences as a Black male preparing for the academy at a predominantly White institution in the south. Consequently, these experiences had a long-term emotional, physiological, and psychological impact. These …

Computational Complexity And Tort Deterrence, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Standard formulations of the economic model of tort deterrence constitute the injurer as the unboundedly rational bad man. Unbounded rationality implies that the injurer can always compute the solution to his care-taking problem. This in turn implies that optimal liability rules can provide robust deterrence, for they can always induce the injurer to take socially optimal care. In this paper I examine the computational complexity of the injurer's care-taking problem. I show that the injurer's problem is computationally tractable when the precaution set is unidimensional or convex, but that it is computationally intractable when the precaution set is multidimensional and …

Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger Meiners, Bruce Yandle

Washington Journal of Environmental Law & Policy

To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete examples …

Fiqh On Finance: A Scientometric Analysis Using Bibliometrix, Aam Slamet Rusydiana, Aisyah As-Salafiyah, Yulizar Djamaluddin Sanrego, Lina Marlina

Library Philosophy and Practice (e-journal)

This study aims to determine the development and trend map of fiqh on finance published by Scopus-indexed journals in the theme of Islamic economics and finance. The data analyzed were 547 publications of document publications. The export data is then processed and analyzed using the R Bibliometrix application program to find out the bibliometric map of the fiqh on finance research development. The results showed that the number of publications on fiqh’s theme on finance experienced a significant increase. The results show that the most popular journal is the International Journal of Islamic and Middle Eastern Finance …

176th University Of Notre Dame Commencement Program, University Of Notre Dame

Commencement Programs

The Commencement Program includes

• Schedule of Events
• Graduate School Commencement Ceremony
• Mendoza College of Business
• School of Architecture
• Law School Diploma & Hooding Ceremony [see pages 36–39]
• University Commencement Exercises
• College of Arts and Letters Diploma Ceremony
• College of Science Diploma Ceremony
• College of Engineering
• Mendoza College of Business Diploma Ceremony
• School of Architecture
• Valedictorian Candidates
• 2021 Emeriti Faculty
• Honor Societies
• Awards and Prizes [Law School pages 86–87]

Comparative Education Understanding Why The United States Underperforms In International Test Scores: Learning From China, Japan, Canada, And The United Kingdom, Mama Aye-Addo

Symposium of Student Scholars

The United States has slow but surely fallen in their standing in global education. Education affects everything from economic standing to innovation for the future and thus the decline in educational standing presents a problem for the U.S. This research uses the Organization for Economic Co-Operation and Development’s Programme for International Student Assessment as a baseline for where countries place relative to the United States. The study then uses Canada and England to represent nations with ideologies and economies most similar to the United States as well as China and Japan to represent countries that differ. Each nation’s governmental structure, …

Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger E. Meiners, Bruce Yandle

Washington Journal of Environmental Law & Policy

To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete examples …

Principle Of Cbdr-Rc: Its Interpretation And Implementation Through Ndcs In The Context Of Sustainable Development, Stellina Jolly, Abhishek Trivedi

Washington Journal of Environmental Law & Policy

For the international community, 2015 was a momentous year in terms of transformative legal developments. Climate change response culminated in the adoption of the Paris Agreement and Sustainable Development Goals (SDGs), which heralded a new era in the international community’s pursuit of sustainability. Both of these developments are complementary; the climate change legal framework acknowledges sustainable development, and SDGs explicitly recognize the United Nations Framework Convention on Climate Change and the Paris Agreement. The Paris Agreement presented to the global community an objective to strengthen the global response to the threat of climate change, through sustainable development and efforts to …

A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr, Manika Kamthan Dr, Vartika Tiwari Ms.

Library Philosophy and Practice (e-journal)

This study is the bibliometric analysis of research publications that focus on highlighting the inter linkages between disaster management and laws. The main objectives of the study are to determine the frequency of such publications and also to establish that inter linkages between disaster management and law have not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literatures written from 2000 to 2020 were perused. The study consisted of a total of 1649 documents which are classified into articles, letters, editorials conference papers, and reviews. Data collected is analyzed and presented …

Coin Doctrine Is Wrong, M. Chris Mason

The US Army War College Quarterly: Parameters

Counterinsurgency does not increase the legitimacy of, or support for, central governments engaged in internal conflicts. Recent research shows quantifiable degrees of government legitimacy, national identity, and population security are necessary precursors and accurate predictors of a government’s ability to outlast a civil uprising. Because the first two predictors—government legitimacy and national identity—can be measured and do not increase during a conflict, the probability of government failure in most cases can be accurately predicted when the conflict starts.

Parameters Summer 2021, Usawc Press

The US Army War College Quarterly: Parameters

The US Army War College Quarterly, Parameters, is a refereed forum for contemporary strategy and Landpower issues. It furthers the education and professional development of senior military officers and members of government and academia concerned with national security affairs.

A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr., Manika Kamthan Dr., Vartika Tiwari Ms.

Library Philosophy and Practice (e-journal)

This study is the bibliometric analysis of research publications that focus on highlighting the inter linkages between disaster management and laws. The main objectives of the study are to determine the frequency of such publications and also to establish that inter linkages between disaster management and law have not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literatures written from 2000 to 2020 were perused. The study consisted of a total of 1649 documents which are classified into articles, letters, editorials conference papers, and reviews. Data collected is analyzed and presented …

The Impact Of Covid-19 On The Halal Economy: A Bibliometric Approach, Nisful Laila, Aam Slamet Rusydiana, Aisyah Assalafiyah

Library Philosophy and Practice (e-journal)

This study aims to determine the map of the development of research on the halal economy's theme during the COVID-19 pandemic published by digital object identifier-equipped journals. The study was conducted in November 2020. The data analyzed were more than 200 published papers. The object of the study is a published journal in 2020. The data is then processed and analyzed using the VOSviewer application program to determine halal economic research development's bibliometric mapping. The results showed halal finance, halal banking, halal philanthropy, and halal food were the most popular topics used. The research development map of this theme is …

Epic Games V. Apple: Tech-Tying And The Future Of Antitrust, Emma C. Smizer

Loyola of Los Angeles Entertainment Law Review

Antitrust and “Big Tech” firms are under renewed scrutiny, in part due to the dispute between Epic Games and Apple. This lawsuit strikes at the heart of the growing phenomenon of “tech-tying,” a form of vertical integration in digital aftermarkets where monopolistic tech firms condition the use of their operating systems on the added use of other complimentary software or services. Judicial attitude toward claims of tying has shifted considerably over recent decades, resulting in lax enforcement against vertical integration arrangements. This Comment argues that Apple’s conduct constitutes “tech-tying” and that competitors should be permitted to enter the aftermarkets of …

Farm To Boardroom: How Improving Farm Conditions Leads To Sustained And Ethical Profit, Emily Mueller

Student Theses 2015-Present

As a society evolving and innovating at a pace faster than ever before seen in human history, we find ourselves at a crossroads of dealing with planetary boundaries and improving social standards. We are met with a crisis just thirty years away; the crisis of needing to be able to effectively and sustainably feed ten billion people across the globe. The 20th century brought on a booming age for industrializing the food system in order to increase yield and thus profit. The new process was a significant breakthrough at its time, but now we must face the question of when …

Can Family Formation As A Source Of Parental Strain Contribute To Juvenile Delinquency Using A Gst Approach?, Maggie Czarniak

Honors Program Theses and Projects

Family structure and formation play a role in how children and teens develop behaviors, including the rate in which they become delinquent. Wells and Rankin (1991) report there are mixed results in studies looking at the relationship between family structure and delinquency from the past 70 years. Parents tend to be a behavior model for their children, which can reflect their relationships with a spouse, partner, or other close relationship. When there is a shift in the family structure, parent strains may be affected, including parenting practices and relationships within the household. This study addresses the relationship between parental strains …

Automated Analysis Of Rfps Using Natural Language Processing (Nlp) For The Technology Domain, Sterling Beason, William Hinton, Yousri A. Salamah, Jordan Salsman

SMU Data Science Review

Much progress has been made in text analysis, specifically within the statistical domain of Term Frequency (TF) and Inverse Document Frequency (IDF). However, there is much room for improvement especially within the area of discovering Emerging Trends. Emerging Trend Detection Systems (ETDS) depend on ingesting a collection of textual data and TF/IDF to identify new or up-trending topics within the Corpus. However, the tremendous rate of change and the amount of digital information presents a challenge that makes it almost impossible for a human expert to spot emerging trends without relying on an automated ETD system. Since the U.S. Government …

Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski

Publications and Research

Climate change is borderless, and its impacts are not shared equally by all communities. It causes an imbalance between people by creating a more desirable living environment for some societies while erasing settlements and shelters of some others. Due to floods, sea level rise, destructive storms, drought, and slow-onset factors such as salinization of water and soil, people lose their lands, homes, and natural resources. Catastrophic events force people to move voluntarily or involuntarily. The relocation of communities is a debatable climate adaptation measure which requires utmost care with human rights, ethics, and psychological well-being of individuals upon the issues …

Bird-Safe Buildings Act: Ready To Take Flight, Kerry Sean Cooney

William & Mary Environmental Law and Policy Review

No abstract provided.

Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass

William & Mary Environmental Law and Policy Review

Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional top-down single resource focused environmental regulatory approaches have proved inadequate to protect and restore estuarine systems. In recent years, scientific and legal academics, as well as policymakers, have called for more holistic participatory approaches to addressing environmental challenges. Drawing on the literature on ecosystem management, integrated water resources management, collaborative governance, and adaptive management, …

A "Directed Trust" Approach To Intergenerational Solidarity In American Environmental Law And Policy: A Modest Proposal, Lucia A. Silecchia

William & Mary Environmental Law and Policy Review

No abstract provided.

Anti-Money Laundering, Nicole S. Healy, Emily N. Christiansen

The Year in Review

No abstract provided.

International Energy And Natural Resources Law, Kristin Drecktrah Paz, Mariana Ardizzone, Ricardo A. Silva, Sara Frazao, Mauricio Becerra De La Roca Donoso, Joao Otavio Pinheiro Oliverio, Jehmal T. Hudson, Leonardo Sempertegui, Ariel Cohen

The Year in Review

No abstract provided.