Digital Commons Network^™

Drones And The Changing Character Of War, Erik A. Davis

The US Army War College Quarterly: Parameters

Cheap drones have transformed the character of war by creating a “mass effect” that challenges traditional principles of force concentration. Unlike commentary focused on offense-defense debates or ethics, this article explains how Jevons’s Paradox, the Red Queen Effect, and models like Lanchester’s Laws and Hughes’s Salvo Equations underpin this shift. Drawing on lessons from Ukraine, historical theory, and production trends, it explains why the production of cheap “precision mass” is expected to accelerate. For military and policy practitioners, the analysis offers urgent guidance for adapting tactics, procurement, and doctrine to a battlefield dominated by ubiquitous, low-cost drones—before adversaries exploit this …

Modern Technology Addiction: Developer Duty Of Care, Jonah Hampton

Honors College Theses

Technology addiction includes any frequent use of technology which interferes in the user’s life. The subject continues growth as an epidemic and research field, yet prior literature does not often analyze the role of technology developers. This study performs a literature and legal synthesis to evaluate user and company responsibility, implications of responsibility, and promising solutions. Post 2020 literature was selected for coverage on context, addictive features, effects, solutions, or perspectives on law. Legal examples from different addiction industries were also selected for analysis to understand previous precedents. The study found a pattern of addictive traits, persuasive design, and recurring …

Technological Disruption And Regulatory Response: The Case Of Decentralised Finance, Jakub Wisła, Jolanta Bartoszewska

Journal of Banking and Financial Economics

This article examines responses to the regulatory challenges posed by decentralised finance (DeFi), a fast-evolving domain of blockchain-based financial innovation. It investigates the factors shaping divergent regulatory strategies, with a focus on the European Union’s comprehensive cryptoasset framework and selected comparative insights. Adopting a qualitative legal methodology – combining doctrinal-functional analysis, multivocal literature review, and two case studies – the authors explore how regulatory responses are influenced by three key variables: legal tradition, the financial function performed by blockchain-based solutions, and the level of technological and institutional autonomy. The case studies – Bitcoin as a payment instrument and cryptoassets as …

Filling In The Gaps: How The Equal Employment Opportunity Commission Can Enhance Protections For H-1b Visa Holders, Mahi Patel

Northwestern Journal of Law & Social Policy

H-1B Specialty Occupations Visas allow numerous foreign nationals to obtain a pathway for entry into the United States through their hard-earned efforts and specialized skills. After meeting stringent requirements and completing complex processes, holders of H-1B visas may begin working in America. Unfortunately, when these individuals come to the land of opportunity, they encounter a harsh reality of employment: the incessant discriminatory abuse of H-1B visa holders by their employers. H-1B employees endure severe working conditions, long hours, unattainable deadlines, wage disparities, and racial biases as they navigate an unknown nation. Employers tend to exploit H-1B workers because these visa …

How “Cooling Off” Periods Endanger The Vulnerable: A 50-State Study Of Mandatory Separation Periods In No-Fault Divorce, Melody Mostow

Northwestern Journal of Law & Social Policy

Mandatory separation periods in no-fault divorce neither advance their stated policy goals nor comport with contemporary understandings of marital dynamics, domestic abuse, or child welfare. Although mandatory separation periods are held out as tools to promote reconciliation and deter impulsive divorces, such rationales lack empirical support. Because family law in the United States is determined at the state level, this Article examines state laws that require couples to live apart in varying restrictive capacities before obtaining a no-fault divorce. To that end, this Article presents the first comprehensive 50-state study of such requirements. Research demonstrates that these laws do not …

Language Of The Law: Understanding The Impact Of Code-Switching Within Legal Fields Through Legal Blog Analyses, Kira A. Johnson

Honors Program Theses and Research Projects

Code-Switching is a linguistic phenomenon that can occur between different languages, cultures, or dialects. This study focuses on code-switching within the legal field, specifically through an analysis of legal blog websites. Through searching the terms, “code-switching” and “foreign language”, this study will compare legal blog websites in their coverage of the phenomenon. The various websites’ definitions of code-switching, how the topic is written with context, and what implications are suggested in the writing will be considered when crafting a comparative analysis. Individuals who communicate using different languages or dialects depending on situations and interactions are important to understand within the …

Patent Searching With Uspto, Derwent Innovation And Lens.Org, Ibis Anette Moreno-Lozano

Day Family Research Lab Workshop Series

No abstract provided.

School And District Leaders’ Understanding Of Technology Organizations’ Cyber Business Practices, Jayejaye Johnson

Journal of Educational Research and Practice

Educational technology (EdTech) interoperability throughout cyberspace provides the financial opportunity to collect and sell student privacy information in digital learning environments, challenging school leaders to govern schools and keep children safe. School leaders provide the resources, funding, planning, decision making, and administration for EdTech cybersecurity practices and policies, yet little is known about what public school leaders understand. A quantitative study was designed using primary data collected from an online survey. Four research questions guided this study: What are the differences in cybersecurity practices and policy response scores (1) between male and female school leaders; (2) among leaders with different …

Are A.I. Lawyers A Legal Product Or Legal Service?: Why Current Upl Laws Are Not Up To The Task Of Regulating Autonomous A.I. Actors, Sean Steward

Hofstra Law Review

The rise of automation, particularly with the advent of large language models, presents a significant potential for the legal profession. While automation has traditionally focused on manual and repetitive tasks, A.I.'s evolution now allows machines to handle complex, thought-intensive work involving decision-making. This shift underscores a pressing issue: the American legal system lacks a clear definition of the practice of law. This becomes especially critical as A.l, an "autonomous actor," begins to take on roles that were previously exclusive to human practitioners. One company that exemplifies the advanced capabilities of modern A.I.-powered technology is Pactum Al Pactum's autonomous negotiation software …

The Blackstone Ratio, Modified, Murat C. Mungan

Faculty Scholarship

In his discussion of evidentiary policies, Blackstone famously noted that ‘it is better that ten guilty persons escape than that one innocent suffer’ (Blackstone 1769). The conventional wisdom among lawyers, judges as well as academics holds that accepting this statement as a maxim necessitates the adoption of pro-defendant evidentiary rules. It is also commonly believed that costs associated with false convictions being greater than those associated with failures to punish offenders due to the presence of punishment costs provides a utilitarian rationale for Blackstonian principles. After formalizing Blackstone ratios (either as marginal rates of substitution or, alternatively, as the ratio …

Suspending The Truancy Paradigm, Barbara Fedders, Lucy Carlson, Max Parker

Buffalo Law Review

In the aftermath of the COVID-19 pandemic, school absences have skyrocketed. While racially minoritized, disabled, and low-income students have historically been, and remain, most likely to experience absence, white and affluent students’ rates of attendance have also declined. To respond to this new universality of student absenteeism, some policymakers have begun to seek alternatives to what we term “the truancy paradigm.”

We define the truancy paradigm as the range of coercive and often punitive interventions deployed by states and school districts to enforce compulsory attendance statutes. This paradigm, we argue, wrongly assumes (a) that strict enforcement of compulsory attendance laws …

Institutional Sustainability In Ai Governance: Comparing Paths In The Eu, Japan, And Taiwan, Kuan-Wei Chen

Yearbook of Antitrust and Regulatory Studies

This article explores the concept of institutional sustainability in AI governance by comparing the approaches in the European Union, Japan, and Taiwan. It begins by arguing that the relationship between AI and sustainability extends beyond environmental concerns, encompassing the sustainability of governance institutions themselves. The article posits that institutional sustainability, referring to the capacity of governance frameworks to remain effective over time, is essential in the context of rapidly evolving and future-oriented AI governance. The analysis proceeds by examining the EU’s strategy of normative anchoring through legal codification, Japan’s agile governance model based on collaboration and coordination, and Taiwan’s digital …

A Critical Analysis Of Alternative Section 1031 Proximate-Exchange Structures, Bradley T. Borden

UC Law Business Journal

Taxpayers have six wins and zero losses in cases that grant nonrecognition to exchanges that occur in proximity to tax-free business transactions (contributions to and distributions from entities) of the exchanged property. Those six cases (the proximate-exchange cases) were decided between 1983 and 1989. From those cases emerged the proximate-exchange principle: “[a] trade of Property A for Property B, both of like kind, may be preceded by the tax-free acquisition of Property A at the front end, or succeeded by a tax-free transfer of Property B at the back end.”1 Despite the explicit declaration of the proximate-exchange principle and the …

The Shifting Tectonics Of International Collaboration, James J. Casey Jr.

University of Dayton Law Review

This Article builds upon the author’s 2010 article in the University of Dayton Law Review. More specifically, this Article focuses on research management areas that have increased in relevance over the past fifteen years or are essentially “new” to the international research collaboration realm. Now, as then, the author writes about the importance of building international collaborations during this tectonic present and urges the reader to draw their own conclusions regarding international research, emerging issues and technologies, and their importance in the future.

An Old Vehicle With A Fresh Coat Of Paint: Demystifying Autonomous Smart Contracts In The Context Of U.C.C. § 2-202, Daniel Kennedy

University of Dayton Law Review

No abstract provided.

Governing Complexity: A Comparative Assessment Of Four Governance Models With Applications To Climate Change Mitigation And Adaptation, J. B. Ruhl, Niko Soininen, Barbara Cosens, Lance Gunderson

Vanderbilt Law School Faculty Publications

Responses to ongoing global climate change include economy-wide mitigation efforts and large-scale societal adaptation that demand novel approaches to governance. An array of innovative governance models has been proposed since the late 1900s and early 2000s as scholars observed inadequacies of government-centric and formal legal approaches to natural resource management, complexity and uncertainty, failures of neoliberal economic reforms, and cross-scale institutional arrangements. Four such models have come to dominate the solution-oriented discourse on climate change governance: adaptive governance, transition governance, transformation governance, and anticipatory governance. We compare these models in terms of their origin and applicability to deal with the …

Should The Army Be Involved In Divorce? Re-Examining The Pre-Divorce Defaults For Spousal Support, Artem M. Joukov, Thomas Godfrey

MC Law Review

Army Regulation 608-99 assigns a large portion of a Soldier’s paycheck to the spouse upon marital separation. The assignment occurs without a hearing, discovery, or consideration of critical evidence which might moderate the amount of support. The obligation rests on the Soldier to obtain a court order or spousal agreement to reduce the financial burden. The adversarial nature of modern divorces renders these requirements unrealistic. Amending the regulation would ease the burden of the Soldier, which is desirable in light of the ongoing recruitment crisis and the need to attract recruits and retain those already in the service.

Copyright Ownership And Duration Of Ai-Authored Works, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

On the assumption that Parliament has endorsed the notion of AI authorship and the prospect that copyright may well subsist in works created autonomously by the AI itself, this essay further explores allied issues surrounding the ownership and duration of copyright in AI-authored works.

Transdisciplinary Perspectives On Ai: The Fourth Annual Conference Of The European Culture And Technology Laboratory, Connell Vaughan, Ioana Madalina Moldovan, Silivan Moldovan, Noel Fitzpatrick

Books/Book Chapters

The fourth annual conference of the ECT Lab+ was hosted by Technical University of Cluj-Napoca over two days in October 2024 at the Cluj Innovation Park. The conference brought together experts from the Arts, Humanities, Social Sciences, Technology, and other fields to discuss and reflect on the advent of Artificial Intelligence and how the associated technologies are transforming how we live, work and study. Under the title Transdisciplinary perspectives on AI: Alternative Histories, Current Practices and Possible Futures the conference moved beyond simplistic technophila and technophobia to consider whether we can co-evolve with these new technologies which combine machine learning …

Privacy As Professional Identity, Einat Albin

Comparative Labor Law & Policy Journal

This article explores an important course of action to safeguarding privacy in the workplace, grounded in the professional identity of workers and their corresponding moral and ethical duties towards clients or patients. Described as “privacy as professional identity,” this concept is developed through two key contributions. First, the article argues that workers who are ethically and legally obligated to protect the confidentiality and privacy of their clients or patients — such as psychologists and lawyers — also inherently safeguard their own personal privacy. This argument is substantiated through illustrative examples and anchored in theoretical frameworks concerning the right to privacy. …

Data-Driven Collective Rights, Tomer Shadmy

Comparative Labor Law & Policy Journal

Technological asymmetries in data-driven workplaces increasingly shape power dynamics between employers and employees. This article argues that safeguarding workers’ rights requires transforming collective labour rights into collective technological capabilities. Rather than viewing data rights narrowly as privacy issues, it reframes them as central to broader labour protections. As artificial intelligence enhances employers’ ability to monitor and exploit worker data, workers must be equipped with tools to analyse and act on their collective data. Employers now extract significant value from aggregated personal data, positioning workers as unwitting data providers and limiting workers’ agency. While current laws focus on individual data rights, …

Designing And Writing Effective Data Management Plans For Grant Proposals, Rubab Shahzad, Ibis Anette Moreno-Lozano

Day Family Research Lab Workshop Series

Fundamentals of research data management and how to create effective Data Management Plans (DMPs).

Limits Of Contingent Convertible Bonds: Evidence From The Credit Suisse Collapse, Albert H. Choi, Jacob Gerszten, Jeffery Y. Zhang

Law & Economics Working Papers

In the aftermath of the Global Financial Crisis, regulators encouraged banks to issue contingent convertible bonds ("CoCos") to improve the issuing bank's stability. Banks around the world have issued more than $1 trillion worth of CoCos to date. Yet it is unclear whether CoCos have achieved their intended goal of improving stability. Leveraging the unexpected banking panic in March 2023, we show that issuing banks fared worse-as measured by abnormal equity returns and probabilities of default. We also examine market dynamics after 2023 and find that the largest banks have continued to issue CoCos with similar contractual terms, though issuer …

Fair Use In The Age Of Generative Ai: Navigating Copyright Challenges In Educational Contexts, Wendy Wallberg

Faculty and Staff Publications & Presentations

Generative AI tools are everywhere, but what’s actually allowed when it comes to copyright and teaching? This session breaks down what fair use means in the age of AI, covers current legal cases, and offers practical tools to help educators and institutions use AI responsibly and confidently.

Malapportionment: A Murder Mystery, Daniel Wodak

Northwestern University Law Review

Malapportionment—electoral districts with divergent ratios of people to representation—was ruled to be unconstitutional in a widely venerated series of cases before the Warren Court. Those cases held that a principle of political equality, one person, one vote, is required by the Constitution. But what is the content of that principle? Many Justices and commentators declare that it is vague, empty, circular, or meaningless. This creates a murder mystery. Malapportionment was killed, but by what exactly? This Article seeks an answer by focusing on the Supreme Court’s commitments about the scope and strictness of one person, one vote: it …

Self-Districting: The Ultimate Antidote To Gerrymandering, Edward B. Foley

Kentucky Law Journal

No abstract provided.

Introduction: There Must Be Something In The Water—Or The Bourbon—In Kentucky: Voting Rights In The Bluegrass State, Joshua A. Douglas

Kentucky Law Journal

No abstract provided.

Cryptocurrencies And Financial Crimes: The Role Of Decentralized Cryptocurrency In Facilitating Money Laundering And The Challenges Posed On Anti–Money Laundering Regulations, Jeffry A. Collins

University of Miami Business Law Review

This research examines the role of decentralized cryptocurrencies in facilitating money laundering and the challenges they pose to Anti–Money Laundering (AML) regulations through literature review and regulatory analysis. The study reveals that the decentralized, anonymous, and borderless nature of cryptocurrency enables illicit activities via cryptocurrency ATMs, mixing services, and decentralized exchanges (DEXs). For over a decade, the same regulatory problems persist today as were present at the inception of cryptocurrencies. Current AML frameworks, such as the Bank Secrecy Act and the Money Laundering Control Act, are inadequate for this decentralized ecosystem. The analysis critiques the fragmented efforts of U.S. regulatory …

Finding Law When There Is None: An Analysis Of Litigation Concerning Non–Fungible Tokens (Nfts), Shelby T. Roberts, O. Hayden Griffin, Iii

University of Miami Business Law Review

The development of new technologies tends to give rise to the same quandary: how can these technologies flourish while also protecting citizens from any collateral consequences? How much latitude and freedom should innovators be given in pursuing these technologies is often debated. Non–fungible tokens (NFTs) are one of several products that utilize blockchain technology. NFTs have been hailed by some as the future of commerce while others have derided NFTs as a scam–ridden fad. With virtually no legislation or regulations specifically designed to govern NFTs, a content analysis of litigation involving NFTs was conducted as an effort to help determine …

Data Cleaning With Excel, Rubab Shahzad

Day Family Research Lab Workshop Series

This workshop will delve into the importance of cleaning research data and why clean data is an important part of the larger research data lifecycle. This session will also provide an overview of data cleaning and preprocessing using Microsoft Excel including a hands-on demonstration.

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