Digital Commons Network^™

Science-Based Policy Recommendations For Managing Emerging Pollutants: Protecting Water Quality For The Health Of People And The Environment, Sarantuyaa Zandaryaa, Ali Fares, Gabriel Eckstein, Regina M. Buono, Mary Trudeau, James E. Nickum, Xingui Xia, Atikur Rahman, Marijn Korndewal, Cassiana C. Montagner, Piero R. Gardinali, Robert Michael Di Filippo, Anoop Veettil

Faculty Scholarship

Emerging water pollutants are a growing global concern due to their ubiquitous presence in water resources worldwide and their potential adverse effects on human health and ecosystems. Limited scientific understanding of sources of emerging pollutants’ emissions to water bodies and their pathways, behaviour, and fate in aquatic environments, as well as human health and ecological effects, is a significant hindrance in managing emerging water pollutants. With exceptions concerning PFAS/PFOS and microplastic beads, there are few regulations for emerging pollutants in national water and environmental policies, which results in a critical gap in safeguarding human health and aquatic ecosystems through effective …

Analyzing Stability Of Estimates At Completion For Long Duration Development Efforts, Bradley Vuu, Jonathan D. Ritschel, Brandon M. Lucas, Edward D. White

Faculty Publications

Defense program managers utilize Earned Value Management (EVM) methodologies to measure, report, and predict the cost and schedule performance of their programs. Previous research conducted by Christensen (1996) and Kim et al. (2019) has shown varied results in the stability of EVM Estimates at Completion (EACs). Stability is defined as a 10% or less deviation from the final EAC at a specified percent completion point of the program. The Christensen (1996) and Kim et al. (2019) studies also noted that program-specific factors, such as phase, can impact the accuracy of EVM metrics. This study builds upon those works by assessing …

Distribution Comparisons Of Eac Cost Growth For Aircraft Work Breakdown Structure Elements, Kyle P. Marquis, Edward D. White, Brandon M. Lucas, Robert D. Fass, Jonathan D. Ritschel, Shawn M. Valentine

Faculty Publications

This article analyzes and investigates the distribution of cost growth of the Estimate at Completion (EAC) for the Work Breakdown Structure (WBS) elements of approximately 60 historical United States Acquisition Category I Research, Development, Test and Evaluation aircraft programs. Using the method of maximum likelihood in conjunction with the Akaike Information Criterion, the authors suggest that both the lognormal and Weibull distributions provide relatively good fit to EAC cost growth, with the lognormal slightly edging out the Weibull. As a summarized finding, the authors present their empirical results for the mean, coefficient of variation (CV), the 15th and 85th percentiles …

Lie-Ability: A Technical Analysis Of The Application Of Section 230 Immunity To Chatbot Outputs, Abigail Drummond

St. John's Law Review

(Excerpt)

This Note argues that under the material contribution test for determining service provider liability under Section 230(c), software developers are likely covered under the CDA for civil and criminal liability for chatbot and other generative AI outputs. Part I will review the legislative purpose and subsequent case law of Section 230(c) of the CDA. Part I will also discuss the material contribution test, the prevailing standard for determining service provider liability developed by the Ninth Circuit and generally adopted across federal courts. Part II will provide an overview of how chatbots work and present the state of chatbot regulation …

Bridging The Gap: Stress And Support Systems For Underrepresented Students Pursuing Graduate Education, Carlos A. Tavira-Villegas

Honors Program: Senior Projects (Public)

Embedded within the United States educational system lies a history that is marked by centuries of exclusion, where students of color were denied the right to an equal education. Despite this legacy of injustice, a story of resilience and bravery also exists, as countless individuals fought for the right to access and succeed in an equal education. This literature review examines the historical exclusion of Mexican American, Asian, and Black students in the United States. Important legal cases will be explored to trace the progression of educational equity in America. Several theories will be reviewed, including social identity theory, ecological …

Review Of Algorithms Of Resistance: The Everyday Fight Against Platform Power, John G. Mcnutt

The Journal of Social Encounters

No abstract provided.

Self-Evolvability—The Ability To Utilize Artificial Intelligence—Definition, Validity, And Policy Implications, Koichi Kume, Hiroyuki Chuma

Japanese Society and Culture

To make full use of the potential of new technologies, including artificial intelligence, it is necessary to switch to a way of thinking and working that is friendly to technology. In this regard, this study examines the concept of “self-evolvability,” which is defined as a mixture of meta-cognition, "informating" everything, and pursuing a shared benefit and desire for self-change. Using survey results in Japan and the United States., we construct a self-evolvability variable and confirm unique features that differ from existing measure, and quantitatively analyzed the relationship between self-evolvability, acceptance of new technologies, provision of personal data, and approval or …

Litigating Vertical Mergers: Innovation Dynamics From Illumina-Grail, Aurelien Portuese

Washington and Lee Law Review Online

Illumina-Grail represents an important moment in antitrust litigation, reshaping the legal landscape for vertical mergers in innovation-driven markets. This Article analyzes the Federal Trade Commission’s uncommon achievement in blocking the Illumina-Grail merger—a ruling sustained by the Fifth Circuit Court of Appeals—emphasizing its significant ramifications for antitrust legislation. The case examines the complex dynamics of innovation competition and emerging market definition, challenging established doctrines regarding the inherently procompetitive nature of vertical mergers. This Article examines the changing criteria for defining relevant markets and evaluating competitive harm in research and development-oriented industries. It also discusses the Fifth Circuit’s support of the FTC’s …

The Perils And Promises Of Artificial Intelligence In Criminal Sentencing, Tasnimul Hassan Md

Indian Journal of Law and Technology

The proliferation of technology has resulted in an increased reliance of individuals on technological devices. The world is progressively being automated using Artificial Intelligence (AI) systems that are implemented to achieve specific objectives. Automation is now an important part of people’s lives, and it could heavily change the criminal justice system. This article looks at the use of AI in criminal sentencing in India, arguing that AI-based sentencing can reduce sentencing disparity, either if it is subject to a human element or it is fed with ample data that no case-fact is left out. The paper argues that since AI …

Sostenibilidad Ambiental En Comunidades Mayas: Riesgos Y Desafíos En La Era Del Cambio Climático, Gertrudis Guzmán Noh Dr.

Journal of Maya Heritage

El presente artículo analiza las dinámicas de sostenibilidad ambiental en comunidades mayas del estado de Yucatán, México, enfocándose en los riesgos ambientales y las respuestas adaptativas desarrolladas frente al cambio climático. El trabajo se desarrolló en tres comunidades: Yaxunah, caracterizada por la producción artesanal y la sobreexplotación del árbol de Chaká (Bursera simaruba); Ixil, que enfrenta disputas territoriales e inundaciones recurrentes; y Sotuta, afectada por la contaminación acuífera derivada de una granja porcina en zonas aledañas. Metodológicamente, se implementó un enfoque de investigación acción participativa que integró diálogo de saberes, matrices de análisis de riesgo y estrategias de intervención comunitaria. …

Soft Law, Activism, And Climate Displacement: Rethinking International Protections For The Environmentally Displaced, Guljannat Huseynli, Andrea G. Brown

Graduate Research Conference (GSIS)

Climate change is displacing millions of people globally, yet those forced to migrate due to environmental factors remain unprotected under existing international refugee law. This paper argues that legal recognition for climate refugees can emerge not through immediate treaty reform but through the evolution of soft law and norm creation. Drawing on constructivist theory, it examines how activism, international organizations, and legal precedents contribute to shifting global norms. Through case studies such as Ioane Teitiota v. New Zealand and the Fridays for Future movement, the paper shows how strategic litigation and advocacy can build momentum for future legal protections. It …

Reservoir Storage In Mid-March: Where Do We Stand?, Jack Schmidt, John Fleck, Kathryn Sorensen, Eric Kuhn, Katherine Tara

The Traveling Wilburys of the Colorado River

No abstract provided.

Achieving Positive Outcomes Using Rapport-Based Police Interviewing In Sex Offense Investigations, Mark A. Dainty

Doctoral Dissertations and Projects

Rapport is a critical component of interpersonal communication marked by verbal and non-verbal behaviors including attention, positivity, and coordination. The presence of these indicators during police interviews is positively correlated with information yield. This grounded theory study examined the relationship between rapport and information yield as measured by the quantity of details interviewees disclosed to investigators, particularly sensitive or incriminating details. The theory guiding this study was Cesare Beccaria’s classical criminology Rational Choice Theory, which suggests offenders are rational beings who conduct a cost-benefit analysis before engaging in crime. Investigators applying this theory and employing rapport-based interviewing skills will elicit …

Measuring Interoperability Within Nato: Adapted Off-The-Shelf Or Bespoke Solution?, John R. Deni, Matthew R. Macleod, Sarah E. Stewart, Katherine M. Banko, Adrian Jones

The US Army War College Quarterly: Parameters

Despite decades of work on interoperability, NATO Allies cannot measure, assess, and build upon it fully and accurately. The lack of agreed formats or standards for collection, management, and the communication of findings have prevented the Allies from developing common interoperability measurement and assessment tools. Nonetheless, NATO could adopt extant standards, methodologies, processes, or tools to achieve its interoperability objectives. Testing this notion through use cases, the authors identify practical and conceptual hurdles to adopting an off-the-shelf solution. They conclude that the Alliance may need to create assessment standards, methodologies, processes, and tools from scratch, despite the difficulties of doing …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Is The Utpr Extraterritorial Or Discriminatory?, Reuven S. Avi-Yonah

Articles

On January 20 President Trump issued two executive orders on international tax. The first order rejected the OECD’s two-pillar project, stating: The OECD Global Tax Deal supported under the prior administration not only allows extraterritorial jurisdiction over American income but also limits our Nation’s ability to enact tax policies that serve the interests of American businesses and workers. Because of the Global Tax Deal and other discriminatory foreign tax practices, American companies may face retaliatory international tax regimes if the United States does not comply with foreign tax policy objectives. This memorandum recaptures our Nation’s sovereignty and economic competitiveness by …

Breaking Up With The Anti-Hero: How 303(B)(3) Can Help Law Schools Mitigate Their Perennial Devices, Prices, Vices, And Crises, Kelly M. Gamble

Maine Law Review

The American Bar Association’s issuance of Standard 303(b)(3) represents a pivotal shift compelling law schools to adapt their approach to the evolving needs of law students, lawyers, and the profession. The Standard serves as an invitation to re-evaluate the relationship between the primary curriculum and student support frameworks. This Article proposes a comprehensive approach to infuse professional identity development throughout the first year of law school. While professional identity development requires ongoing efforts, sometimes tailored to particular practice interests, this Article contends that all students benefit from early explicit instruction on foundational professional identity competencies. This Article first outlines the …

A Perfect Storm: Executive Orders And Tax Law, Reuven S. Avi-Yonah, J.J. Wang

Law & Economics Working Papers

Since it came into office, the Trump administration has issued a series of executive orders that affect many areas of the government. One such area is taxation. In two orders issued on his first day in office President Trump rejected the participation of the United States in the Organization for Economic Cooperation and Development (OECD)`s global minimum corporate tax project and threatened to impose tax countermeasures on countries that adopt "extraterritorial or discriminatory" taxes. Two days later, the Republican members of the House Ways and Means Committee introduced legislation to the same effect. A month later, the president issued another …

The Common Threats Of Artificial Intelligence And Privatization, Landyn Rookard

Texas A&M Law Review

Administrative agencies’ growing use of automated decisionmaking tools poses threats to core democratic values, such as agency flexibility, expertise, fairness, transparency, and accountability. But decades of privatization have wrought similar, lasting harms to the United States’ public institutions. This Article argues that the thoughtful criticisms and prescriptions from the burgeoning literature on the government’s use of artificial intelligence should be used to strengthen the scrutiny accorded to privatization.

Specifically, this Article challenges the perception that automated decisionmaking poses a greater threat to public values than privatization. Indeed, the two share several characteristics and goals. These include, for example, a fixation …

In The Age Of Garcetti: Public Teachers' Free Speech Rights Within The Transgender-Student Debates, Hannah Bradvica

Pepperdine Law Review

A culture war over gender identity is playing out on the school playground, as conservative lawmakers across the country have introduced and implemented various pieces of anti-trans legislation focused on stripping away the privacy and expression of transgender students’ identities. An important question within this legislation remains: may public school teachers be exempt from following these policies? This Comment examines teachers’ free speech rights within two contexts: mandated parental notification of transgender-student policies and guidelines requiring teachers to adhere to students’ preferred pronouns. It considers the viability of compelled-speech claims brought by teachers, applying First Amendment jurisprudence and Garcetti v. …

Mistaken About Mistakes: Error Analysis As An Untapped Tool For Law School Success, Elissa Jacob

Pace Law Review

Mistakes: everyone makes them, perhaps the new law student more than most. But why do our students continue to make the same errors despite our concerted efforts to prevent them? This article explores this question and provides ideas on how to utilize mistakes to fuel the learning process. Science has proven that the human brain is hardwired to benefit from errors. However, the psychological effects of failing, cultural systems, and the American educational system are frequent barriers to this biological process.

To overcome these obstacles and most effectively employ error analysis, I propose a three-step model. First, professors must lay …

Tax Experience Isn’T Everything: A Tale Of Two Justices., Reuven S. Avi-Yonah

Articles

Any student of federal income taxation is familiar with a series of important Supreme Court tax decisions written by Justice Harry Blackmun (associate justice, 1970-1994). They would also know of three important decisions written by his contemporary, Justice Thurgood Marshall (associate justice, 1967-1991). It is interesting to compare the two, because Blackmun was the only recent justice with extensive tax practice experience, whereas Marshall had none. Yet, most of Blackmun’s tax opinions were wrong while Marshall’s opinions were right.

Multidisciplinarity And Interdisciplinarity In Law, Yael Efron, Yossi Korazim-Kőrösy, Mohammed S. Wattad

Cleveland State Law Review

This article aims to dismantle walls and barriers, tracking the contemporary trends in law that acknowledge the significant value of interdisciplinary cooperation. We strive to explore how collaborative contemplation on a legal issue, incorporating two or more academic and practical viewpoints, can enhance interactions across multiple disciplines, improve comprehension of intricate problems, and guide interventions. Ultimately, such collaborations can yield an innovative and synergistic knowledge base, fostering the development of new theories capable of explaining complex human phenomena from varied perspectives. These diverse vantage points are expected to generate superior and more fitting outcomes than those achievable by the field …

Smart Resolutions: Exploring The Role Of Artificial Intelligence In Alternative Dispute Resolution, Nadia Ahmad

Cleveland State Law Review

Artificial intelligence (AI) has had a significant impact on most industries, including the legal landscape. Effective AI incorporation has removed barriers to access to justice, resolving issues such as backlogged court systems and inadequate resources for pursuing claims. Similarly, the expediency and cost-effectiveness associated with alternative dispute resolution (ADR) have established ADR as a mainstay in most countries to enhance legal accessibility. It was inevitable that AI and ADR were integrated to efficiently deliver justice.

Most automated ADR systems implemented thus far have been with human intervention. As machine learning develops, there are efforts to completely automate ADR, and this …

Diabetes Behind Bars: Dissecting Diabetic Deliberate Indifference And Delivering Inmates A More Workable Standard Under The Fourth Amendment, Maggie J. Malloy

Cleveland State Law Review

This Note examines the inadequacies of the current Eighth Amendment framework in safeguarding the constitutional rights of diabetic inmates. It contends that the subjective element of the two-pronged Eighth Amendment claim—often used to assess deliberate indifference—leads to unfair and inconsistent outcomes. To address these shortcomings, this Note draws inspiration from the objective analysis employed in Fourth Amendment excessive force claims, specifically referencing the Supreme Court’s decision in Graham v. Connor. This new framework eliminates the subjective element, and instead replaces it with three objective factors courts should consider when evaluating Eighth Amendment violations related to diabetic medical care. Through …

Adopting Permissioned Blockchain Models To Enhance Consumer Protection And Comply With Consumer Protection Laws, Erika Buenrostro

Featured Student Work

Blockchain technology enables decentralized, peer-to-peer transactions and data management, offering transparency while raising data privacy and consumer protection concerns. As the current administration promotes blockchain adoption, including cryptocurrency, more users and businesses will likely integrate the technology. This thesis provides a framework to help businesses adopt blockchain while ensuring compliance with the California Consumer Privacy Act (CCPA). To prevent data mishandling and legal penalties, consumers and businesses must stay informed about the risks and evolving state privacy laws.

A CCPA-compliant approach retains blockchain’s benefits through a permissioned model, storing only non-personal (neutral) data on-chain while keeping personal information off-chain in …

Properly Partitioning Prejudice: Analyzing Mixed Brady And Napue Claims, Patrick Scariano

Fordham Law Review

Due process affords criminal defendants the right to receive evidence possessed by the government that would aid in their defense. This right was codified in Brady v. Maryland. Brady’s lesser-known ancestor is Napue v. Illinois, which gave defendants the right to a new trial if the government knowingly offered perjured testimony in their original trial. The U.S. Supreme Court has held that these rights are critical to support verdicts worthy of confidence necessary to ensure due process.

Unfortunately, defendants victimized by misconduct are often affected by multiple violations of their rights. Courts have developed ways to examine …

Charter Schools: The Education Solution Strangling The Public Education System, Brynna Smith

The Business, Entrepreneurship & Tax Law Review

This paper investigates why charter schools exist in Missouri and how judicial precedent has permitted their constitutionality. It will highlight their potential for corrupt policy, rebut the scant evidence proving they perform better than public schools, and demonstrate that charter schools are not the effective solution to poor public-school performance as they were initially intended. Rather they are disguised constitutional violations. This paper proposes that the United States abandon the charter school movement, concentrate all educational funding in public schools, and use the grants intended for charter schools to implement educational reform proven to be effective.

Peek-A-Boo,They Are Watching You: Breach Of Individual Privacy Rights Through The Use Of Artificial Intelligence Powered Facial Recognition Technology, Lauren E. Baffo

Hofstra Law Review

No abstract provided.

Real Concerns For An Artificial Threat: Artists, Ai, And The Battle To Script Hollywood’S Future, Evan Sommer

Nevada Law Journal

No abstract provided.