Digital Commons Network^™

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

Faculty Publications

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 …

40 Years Passing By In (A) “Heartbeat”, Christopher Janney

Monsoon: South Asian Studies Association Journal

This article outlines the forty-year history go Christopher Janney’s iconic performance work “HeartBeat.” Trained as an architect and jazz musician, Janney combines these two disciplines to create large interactive light/sound installations and performances. On the one hand, he attempts to make architecture more like music, more “alive” using real-time sensing devices as on his “Harmonic Convergence” installation on the Miami International Airport. On the other hand, he attempts to make music more like architecture, more physical more visual. In his “HeartBeat” performance, a dancer wears a heartbeat device that amplifies his/her heartbeat in “real time.” Over this pulse, live musicians …

Yoga Sūtra Book Four And The Yogabindu, Christopher Key Chapple

Monsoon: South Asian Studies Association Journal

Four themes from the fourth pāda of Patañjali’s Yoga Sūtra are examined here: karma (IV:2-13), individuality (IV:16), humility (IV:20-22), and freedom (IV:29-34). Affirmations and variant interpretations of these four are provided from Haribhadra Virahāṅka’s Yogabindu, most likely composed a century or two later.

Collective Karma: From The Yogasūtra To Taylor Swift, Zoë Slatoff

Monsoon: South Asian Studies Association Journal

The Indian knowledge traditions speak at length about karma, which is divided into three categories—accumulated (saṃcita), ripe (prārabdha), and future (kriyamāṇa). While much is said about our individual karma and how it affects our repeated reincarnation in cyclic existence, how does this affect others and how do others affect us? In other words, as this paper explores, what is our reciprocal and collective karma?

Painting Liberation: A Visual Ontology Of The Interplay Of Mind And Consciousness In Book Four Of The Yoga Sūtras, Melissa Townsend

Monsoon: South Asian Studies Association Journal

This presentation explores how artistic practice can illuminate philosophical questions about the nature of mind, consciousness, and liberation as articulated in Book Four of the Yoga Sūtras of Patañjali. Through a series of paintings that visually translate these sūtras, I propose that art offers a unique, experiential means of engaging with the complex relationship between citta (mind) and puruṣa (consciousness).

The paintings function as a form of “visual ontology,” inviting viewers to engage with abstract philosophical concepts in a sensory, tangible way. By depicting the interplay between the mutable processes of the mind and the unchanging awareness of consciousness, these …

Error In The Loop: How Human Mistakes Can Improve Algorithmic Learning, Ryan W. Copus, Cait Spackman, Hannah Laqueur

Faculty Works

Algorithms often outperform humans in making decisions, in large part because they are more consistent. Despite this, there remains widespread demand to keep a “human in the loop” to address concerns about fairness and transparency. Although evidence suggests that most human overrides are errors, we argue these errors can provide value: they generate new data from which algorithms can learn. To remain accurate, algorithms must be updated over time, but data generated solely from algorithmic decisions is biased, including only cases selected by the algorithm (e.g., individuals released on parole). Training on this algorithmically selected data can significantly reduce predictive …

How Artificial Intelligence Will Shape Securities Regulation, Gabriel Rauterberg

Other Publications

How will the increasing prevalence and sophistication of artificial intelligence (AI) change the doctrine and practice of securities law? My main thesis is that it will push securities regulation toward a more systems-oriented approach. This approach will replace securities law's emphasis, in areas like manipulation, on forms of enforcement targeted at specific individuals and accompanied by punitive sanctions with a greater focus on ex ante rules designed to shape an ecology of actors and information.

Transformative Impact Of Ai And Digital Technologies On The Fintech Industry: A Comprehensive Review, Soudeh Pazouki, Behdad Jamshidi, Armia Jalali, Arya Tafreshi

Finance Faculty Publications

This paper examines the impact of artificial intelligence (AI) and digital technologies on the financial technology (FinTech) industry and demonstrates how AI- enabled strategies are increasing the ability of businesses not only to grow, but also to better serve their customers through operational efficiencies. But as immersive as the technological advancements may be, they present challenges in connection with increasingly complicated licensing regulations and a constantly evolving technological landscape. We examine the way AI and algorithms are streamlining workflows, enhancing productivity and expanding access to financial resources for traditionally under – served populations. The paper also discusses the macroeconomic implications …

Data Privacy Regulations In The Gaming Industry: A Comparative Analysis Of Singapore, Macau, And Japan, Miloslava Plachkinova

Faculty Articles

This study explores the relatively under-researched area of comparing data privacy regulations and best practices across different countries, with a focus on the gaming industry. It provides an overview of general data privacy principles and existing global regulations, analyzing how gaming operators leverage personal data for competitive advantage. Specifically, the research examines the data privacy approaches and regulatory requirements in Singapore, Macau, and Japan, highlighting the cultural and historical contexts influencing these regulations. Through a comparative analysis, the article discusses the compliance needs for gaming operators in these jurisdictions.

Certainly Uncertain: An Analysis Of The Patent Eligibility Restoration Act Of 2023, Charles Duan

American University Business Law Review

Patentable subject matter eligibility has been a topic of major policy debate over many years, culminating in the recent introduction of a bill that would entirely overhaul current law. This article reviews the proposed legislation in view of its historical context, the purported need to reduce uncertainty, and the likely effects of the bill. Based on this analysis, the article concludes that the legislation is unnecessary, ill conceived, and likely to be harmful to scientific research, a variety of industries, and the public good.

The Valuation Of Crypto Currency Mining Property Under 11 U.S.C. § 506(A)(1), Michael Galletti

Bankruptcy Research Library

(Excerpt)

Section 506(a)(1) of title 11 of the United States Code (the "Bankruptcy Code") provides that a secured creditor's claim is "a secured claim to the extent of the value of such creditor's interest in the estate's interest in such property . . . and is an unsecured claim to the extent that the value of such creditor's interest . . . is less than the amount of such allowed claim." The valuation of collateral is determined "in light of the purpose of the valuation and of the proposed disposition or use of such property." However, the Bankruptcy Code is …

The Economic Cost Of Exclusion: How Trump's Second-Term Immigration Policies Threaten California's Economy, Kit Johnson

Faculty Articles

The second Trump administration has pursued an array of immigration enforcement initiatives—from denaturalization and visa scrutiny to termination of humanitarian programs and aggressive workplace raids. Legal scholars have sharply debated these measures, but almost entirely through constitutional, statutory, and rights-based frames. This Article exposes a critical omission in immigration law scholarship: the economics of large-scale noncitizen removal. Drawing on major empirical studies of historic enforcement episodes—including Mexican repatriation between 1929-1934, Japanese internment during World War II, Arizona’s immigration restrictionism from 2007-2012, and federal immigration enforcement efforts of 2008-2015—this Article demonstrates that broad noncitizen removals may reduce the employment and wages …

“With Love, From Me To You:” Replacing The Unconstitutional All-Comer Provision With Favorable Conflict Of Laws Principles To Still Confer The Postmortem Right Of Publicity, Jackson Polish

Case Western Reserve Law Review

No abstract provided.

Shining Light On Policy: The Case For Solar Panel Mandates On New Construction Projects, Emily Glazier

Cardozo Journal of Equal Rights & Social Justice

The note argues that solar panel mandates on new construction projects are a necessary and sensible approach to reducing greenhouse gas emissions and achieving climate goals, but their implementation must include provisions to protect vulnerable communities and address environmental justice concerns. While such mandates face legal and political challenges, the benefits of decreased emissions and energy independence outweigh the costs, particularly when paired with measures like community solar systems, incentives, and exemptions.

New Jersey's Mitigation And Adaptation To Climate Change: An Economic Analysis Of The State's Societal Benefits Charge And Community Solar Energy Program, Nicole S. Provost

Theses, Dissertations and Culminating Projects

Understanding the current trajectory of New Jersey’s emissions and the existing legislation and programs implemented to help reduce emissions, it is evident that the State requires further actions to spur heightened emission reductions to reach its goals. One known impactful policy that could significantly accelerate this process is a carbon tax, which applies to emission-intensive goods. Although this policy does not currently exist in New Jersey, the State has a Societal Benefits Charge (SBC) that applies an approximate 3% charge to electricity and gas consumption on residential and commercial utility customers’ monthly energy bills, where revenues fund programs that offer …

The Value Of A Statistical Life: From Skin In The Game To Vision Zero, Michael C. Duff

All Faculty Scholarship

This essay discusses justice issues surrounding occupational safety and health and assesses the ethical legitimacy—the justice—of regulatory cost benefit analysis when the costs in question involve the risks and realization of workplace injury and fatalities. The current “value of a statistical life” for legal-regulatory purposes is 13.1 million dollars. While economists are careful to say that this figure does not “really” represent an attempt to value any particular life, the purpose of even calculating the number is to provide an “aggregated” statistical justification for saying “no” to rules requiring safer work. This seems acceptable until you, or someone you love, …

The Inadequacy Of Perpetuating Vestiges Of Segregation In K-12 Curriculum: The Justiciability Of Reviewing Duties To Adequacy In Florida's Education Clause, Soumya Sreerama

American University Journal of Gender, Social Policy & the Law

Although the Supreme Court declared segregation the most abusive affront to education and ruled to eliminate vestiges of segregation “root and branch,” those same roots have grown unchecked to remain prominent today. One of the undercurrents of state-sponsored discrimination that has escaped desegregation remedies is the skewed, whitewashed curriculum that permeated K-12 classrooms in Jim Crow America. More troubling, is that those vestiges of an inadequately biased curriculum are still slithering in students’ courses today. Although student movements and education reformists have attempted to counter skewed curricula by supplementing them with separate ethnic studies courses, states like Florida recently passed …

Scientific Educations Among U.S. Judges, Christa J. Laser

American University Law Review

Should more judges have technical and scientific educations than are currently prevalent in the federal judiciary? This empirical study of the educational background of federal judges reports the undergraduate and graduate majors of active U.S. federal Article III judges. Information on the subject area of study is largely not publicly available, especially for judges appointed decades ago. This is the first and only publicly available research study of the subject areas of study of U.S. judges, collected via phone and email surveys to U.S. judges. The results of this study show that only 7.35% of federal judges have majors in …

Dei And Antisemitism: Bred In The Bone, Suzanna Sherry

FIU Law Review

The article explains why no one should have been surprised by the antisemitism that exploded on college campuses after October 7, 2023. The article demonstrates that the worldview espoused by the DEI (diversity, equity, and inclusion) movement -- and its cousins, antiracism and wokeness -- is inherently and inevitably antisemitic. The antisemitism "bred in the bone" of DEI was bound to come to the surface eventually, and it did.

Assessing Equity, Environmental Social Justice And Intersectionality In U.S. Federal Policies: A Comparative And Temporal Analysis Of The Department Of Transportation, Department Of Energy, And Environmental Protection Agency, Sneha Basu

Dissertations and Theses @ UNI

As the climate crisis intensifies, U.S. federal policies play a critical role in addressing the disproportionate environmental burdens borne by marginalized communities. This thesis assesses how equity, environmental social justice, and intersectionality have been integrated into the policy documents of three key federal agencies: Department of Transportation (DOT), Department of Energy (DOE), and Environmental Protection Agency (EPA), over a 20-year period (2004–2024). Using a quantitative content analysis of 46 policy documents, the study evaluates five core dimensions: depth of discussion, clarity of language, inclusiveness of marginalized groups, action-oriented language, and environmental justice considerations. The research reveals significant interagency disparities, with …

Examining The Presence And Effects Of Coherence And Fragmentation In The Gulf Of Maine Fishery Management Network, Derek A. Katznelson, Antonia Sohns, Dongkyu Kim, Evelyn Roozee, William Donner, Andrew M. Song, Jasper R. De Vries, Owen Temby, Gordon M. Hickey

School of Earth, Environmental, & Marine Sciences Faculty Publications

Natural resource management networks cohere due to mutual dependencies and fragment, in part, due to the perceived risks of interaction. However, research on these networks has tended to accept coherence a priori rather than problematizing dependence, and few studies exist on interorganizational risk perception. This article presents the results of a study operationalizing these concepts and measuring the distribution of three types of dependence (capital, legitimacy, and regulatory) and two types of perceived risk (performance and sanction) among nearly fifty stakeholder groups and organizations participating in the management of fisheries in the binational Gulf of Maine. The analysis reveals an …

Should Hate Speech Be Criminalized? Lessons From The Canadian Experience In R V. Zundel And R V. Keegstra, Kenneth Grad

FIU Law Review

There is a global trend toward increased use of criminal law to combat hate speech. In assessing this trend, one should be mindful of the experience of countries that have long had criminal laws targeting harmful expression. Canada is one such country. Using the leading Canadian cases of R v. Zundel and R v. Keegstra, this article argues that the Canadian experience suggests the criminal law is a flawed mechanism for countering harmful expression. This is so for at least three reasons. First, hate-speech prosecutions may undermine the group dignity and sense of inclusion of minority groups. Second, criminal laws …

Confronting The Challenges Of Regulating Artificial Intelligence, Amy B. Cyphert

FIU Law Review

Public opinion polls conclude that the American public is in favor of regulating artificial intelligence (“AI”), and many technology companies publicly claim that they would welcome regulation. And yet the United States has struggled to enact federal comprehensive AI regulations beyond a short-lived Executive Order. Why? Part I of this Article explains why regulating AI is so difficult, focusing on six key reasons: AI is a global issue; AI is not one discrete issue; AI is developing at a speed that is unprecedented; lawmakers largely lack the technical expertise effective AI regulation requires; the stakes of getting the regulation wrong …

Nevada’S Blockchain Gamble: Can A State Embracing Web3 Technology Lead Probate Courts Into The Digital Age?, Ariel Sweeney

FIU Law Review

Probate stands as a bastion of legal formalism, seemingly resistant to the transformative currents of digital innovation that have swept through other domains of American law. While financial transactions, real property conveyances, and contract execution have increasingly begun exploring the use of Web3 technologies such as blockchain and smart contracts, estate and probate law remain tethered to paper-based procedures and rigid execution requirements. Nevada was the first state to provide legal support for Web3 technology, amending its Uniform Electronic Transactions Act statutes in 2017 to recognize blockchain-based transactions as valid and judicially enforceable. Yet despite this progressive legislative framework, the …

Overcoming Racial Harms To Democracy From Artificial Intelligence, Spencer A. Overton

GW Law Faculty Publications & Other Works

While the United States is becoming more racially diverse, generative artificial intelligence and related technologies threaten to undermine truly representative democracy. Left unchecked, AI will exacerbate already substantial existing challenges, such as racial polarization, cultural anxiety, antidemocratic attitudes, racial vote dilution, and voter suppression. Synthetic video and audio (“deepfakes”) receive the bulk of popular attention—but are just the tip of the iceberg. Microtargeting of racially tailored disinformation, racial bias in automated election administration, discriminatory voting restrictions, racially targeted cyberattacks, and AI-powered surveillance that chills racial justice claims are just a few examples of how AI is threatening democracy. Unfortunately, existing …

Feature Comment: Institutional Amnesia And The Neglect Of The Federal Acquisition Workforce, Jessica Tillipman, Steven L. Schooner

GW Law Faculty Publications & Other Works

Public procurement regimes may be constrained by rules, but people - procurement professionals - animate the process. Despite spending over $750 billion last year on federal contracts, the U.S. Government continues to deprioritize the professional capacity of its acquisition workforce. This article bemoans and critiques the persistent failure to recruit, develop, and retain procurement personnel, a failure exacerbated by politically driven downsizing, inadequate investments in workforce development, and misplaced reliance on procedural reform—most recently evidenced by the so-called “Revolutionary FAR Overhaul.” Drawing on historical data, case studies, and recent Government Accountability Office reports, the authors document how decades of underinvestment …

When The Math Matters: Finding The “Glue” In Class Action Commonality Determinations, Robin L. Juni

GW Law Faculty Publications & Other Works

This Article is another offering in the “When the Math Matters” series, seeking to help readers understand use of mathematical and scientific concepts in legal contexts and unpack how to do things better. This Article focuses on the seminal case of Wal- Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), describing how the analytical approach to identify whether a class could be certified for purposes of that litigation continues to resonate through recent cases in the federal courts. The Article explains the statistical analysis that lawyers must present to unpack a correlative analysis in similar cases, focusing on adverse …

Ai Characterisations And Their Legal Implications, Jerrold Tsin Howe Soh

Research Collection Yong Pung How School Of Law

This chapter examines the difficult legal characterisation problems that artificially intelligent systems raise and explores how different characterisations of artificial intelligence (AI) shape practical legal outcomes. Three reasons are offered for the legal difficulty with characterising AI. First, answers to characterisation problems are inherently subjective and perspective-driven, particularly when the subject is an intangible technological system. Second, AI technology is especially difficult to define since the field typically proceeds on inexact anthropomorphic metaphors. Third, AI characterisation problems raise difficult sub-problems, particularly in determining how autonomous an AI system is. The chapter thus argues that a range of plausible AI characterisations …

Governing Intelligence: Singapore’S Evolving Ai Governance Framework, Jason G. Allen, Jane Loo, Jose Luna

Research Collection Yong Pung How School Of Law

This paper provides an outline analysis of the evolving governance framework for Artificial Intelligence (AI) in Singapore. Across the Singapore government, AI solutions are being adopted in line with Singapore’s “Smart Nation Initiative” to leverage technology to make impactful changes to the nation and the economy. In tandem, Singaporean authorities have been assiduous to release a growing number of governance documents, which we analyse together to chart the city-state’s approach to AI governance in international comparison. Characteristics of Singapore’s AI governance approach include an emphasis on consensusbuilding between stakeholders (particularly government and industry but also citizens) andvoluntary or “quasi” regulation, …

Rejecting The Racialization Of Indianness, Andrea J. Martin

Faculty Scholarship

No abstract provided.