Digital Commons Network^™

Fake Parts, Real Threats: Combating The Infiltration Of Counterfeit Parts In The Aviation Industry, Jennifer Su

Journal of Air Law and Commerce

This Comment addresses the historic and current-day issue of counterfeit aircraft parts in the aviation industry. Counterfeit parts—also known as fake parts, bogus parts, unapproved parts, and suspected unapproved parts (SUPs)—are any parts that do not conform to the U.S. Federal Aviation Administration’s (FAA) standards and regulations. Given the lackluster availability of public information and coverage over the issue, this Comment aims to bring more attention to the very real threat of fake aircraft parts.

From the beginning of U.S. commercial aviation and the creation of regulations governing aircraft designs and parts, counterfeit parts have plagued the aviation industry. Although …

Harmful Connections: How Tort Law Can Address Algorithmic Account Recommendation Harms And Protect Youth Social Media Users, Francesca Kennedy

American University Journal of Gender, Social Policy & the Law

In 2023, the United States Surgeon General published an advisory to bring an urgent public health issue affecting America’s youth to the nation’s attention. The urgent public health issue was the ongoing negative impact of social media on children and adolescents. The report revealed that ninety-five percent of youths aged thirteen to seventeen use social media. Exposure to harmful content poses a risk to their mental health, including body dissatisfaction, disordered eating, depression, and, in extreme cases, death. Their mental health is also harmed by predatory behaviors and interactions with malicious adults that target and exploit minors on internet platforms. …

Contested Sovereignty And Jurisdictional Flux In Oklahoma Indian Country 2025, Darla Jackson

Other Faculty Publications

No abstract provided.

Adults Drug Court Model's Review: A Case Study, Byron R. Titus

Antioch University Dissertations & Theses

In 1989 Dade County, Florida, the so-called “War on Drugs” was in full swing. As a result, drug courts were created, acting as a diversion program for the many people subsequently caught up in this “war.” Since then, such “specialty courts” have proliferated across the planet. In some cases, local versions have been adopted to adjust to their unique population, culture, risk, and needs. This dissertation is a case study that reviews three Intensive Probation Supervision Programs (IPSP). These IPSPs identify a drug court in their state or country before it becomes a “certified drug court” (now more often referred …

Reassessing Criminogenic Risk: How Trauma-Informed Assessment More Accurately Predicts In-Prison Behavior Than Traditional Models, Bree E. Derrick

Antioch University Dissertations & Theses

Criminogenic risk-needs assessment is the cornerstone of recidivism reduction models in the correctional sector. Despite decades of using criminogenic risk-need tools, recidivism outcomes remain stubbornly high in the U.S. This non-traditional dissertation explored how traditional criminogenic assessments could be improved with the addition of measures of childhood adversity and maltreatment. This study found that the prevalence of ACEs was significantly greater in an adult prison population of 1,522 in a rural, western state than in the general public. Utilizing logistic regression, this research also found that ACEs were better predictors of in-prison misconduct than traditional criminogenic risk-needs assessments, although traditional …

The Impact Of Covid-19 Pandemic Demands On By-Law Officer Wellness And Work, Harveen Randhawa

Theses and Dissertations (Comprehensive)

This research sheds light on how the rapid demand to enforce transitioning pandemic-related (and reopening) mandates impacts the wellness of bylaw officers in the context of resource strain. Ontario bylaw officers are at the forefront of the province’s response, enforcing lockdown rules to ensure community safety. This research is imperative in understanding how bylaw officers maintain their roles in municipal enforcement, while enforcing rapidly shifting COVID-19 regulations and moving forward into a post-lockdown climate. The research focuses on identifying and understanding the demands and resources that currently typify bylaw officers working in Southern Ontario. It further examines how the COVID-19 …

The Towering Inferno: Art, Policy, And Legacy, Charles R. Jennings

Publications and Research

The Christian Regenhard Center for Emergency Response Studies, leveraging the expertise of its faculty, staff, Advisory Board and colleagues, has consistently programmed activities focused on high-rise fire safety. The upcoming 50^th anniversary of the film The Towering Inferno was an inspiration.

We decided this would be more lighthearted and less purely technical than many of our events. We wanted to consider both the film, and use it to reflect on the state of fire safety in tall buildings in New York City.

Of course it does not escape us that the topic of fire safety is a serious one, …

Best Kept Secret: The Hidden Health Costs Of Corporate Confidentiality, Cynthia M. Ho

American University Law Review

Although patents are well known to negatively impact health when drugs are unaffordable, trade secrets also harm health, and in more ways than patents. Patented drugs harm public health simply by temporarily increasing prices on treatments. Trade secrets, on the other hand, can not only increase treatment costs, but also hide knowledge needed for effective medical treatment. Also, because patents, but not trade secrets, have a limited term, patent health harms clearly terminate while trade secret harms do not. Moreover, the public may not even be fully aware of all trade secret health harms because trade secret information is, by …

The Scope Of The Prior Art, John R. Thomas

Georgetown Law Faculty Publications and Other Works

The courts and the U.S. Patent and Trademark Office (“USPTO”) assess whether an invention may be patented by comparing it to the state of the art, which the patent community terms the “prior art.” Heavily influenced by Oliver Wendell Holmes Jr. and Learned Hand, and more recently expanded by the America Invents Act, the Patent Act features the broadest definition of prior art in U.S. history. No matter how remote, evanescent, or obscure, any activity or publication that occurs one day before the inventor files a patent application—anywhere in the world—may prove patent-defeating.

The government also holds patent proprietors accountable …

Patent Infringement In Time, John R. Thomas

Georgetown Law Faculty Publications and Other Works

No patent lasts forever. When intellectual property rights expire, a canonical principle states, all benefits of their ownership cease. But patents may cast a long shadow after they are gone, hindering the advent of immediate competition upon their expiration. The law acts unevenly in these circumstances, leading to questionable intellectual property and public health policies. Ordinarily competitors cannot make and use a patented invention until the patent's term has concluded. This delay ordinarily extends the effective period of exclusivity that the patentee enjoys. However, a statutory safe harbor shields from infringement acts undertaken "solely for uses reasonably related" to Food …

Punishing Violence, Shima Baradaran Baughman

American University Law Review

The American criminal justice system doles out the harshest punishments in the world. It is infamous for its protracted criminal sentences and prodigious criminal code. But what most scholars and policymakers overlook is that the United States punishes only a fraction of the total serious crime that occurs in the country—including violent crime.

Approximately twenty million serious crimes occur in America each year, but only about half of these are reported to police. Of those reported, the police make arrests for an average of only twenty percent of serious crimes, and only ten percent of arrests result in a conviction. …

States Should Legalize Online Casinos To Discourage Consumers From Playing At Offshore Cryptocurrency Casinos, Generate Tax Revenue, And Increase Consumer Protection, Cole Clark

FIU Law Review

No abstract provided.

The Eu Versus The Platforms And The First Amendment: Regulating Online Hate Speech, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

What speech should be allowed on social media platforms—and what speech should be prohibited—is a pressing and timely question. Given the recent changes in major social media platforms’ moderation of harmful speech—with the tacit blessing of a 2024 Supreme Court decision and the Trump Administration—and the European Union’s increased regulation of hateful speech and platform content moderation, a clash of these titans is inevitable.

This Article will examine the underlying forces that brought about these conflicts—including First Amendment, CDA Section 230, international, and EU law governing free expression, hate speech, and platforms’ rights and duties regarding content moderation. It will …

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.

Border Decriminalization As A State Project: Lessons From Marijuana And Assisted Suicide Legalization Across The United States, Victor C. Romero

Faculty Scholarship

My prior work argued for the decriminalization of border crossings without proof of specific intent to violate another law (like drug trafficking), which is even less likely to happen now than it was when the piece was published, given the current presidential administration’s zealous deportation strategy and Congress’s seeming acquiescence. As such, I advocate for a second-best solution involving federal-state cooperative agreements wherein border states abutting both Mexico and Canada are given the option by the federal government to pass local legislation decriminalizing border crossings into their states as their communities desire. To the extent that the current presidential administration …

Normalizing Facial Recognition Technology And The End Of Obscurity, Woodrow Hartzog, Evan Selinger, Judy Hyojoo Rhee

Faculty Scholarship

This article argues that facial recognition technology is the most dangerous surveillance tool ever invented. Given the unique threats this morally suspect tool poses to privacy, civil liberties, human flourishing, and democracy, the only appropriate response is a ban. To justify our position, we explain why facial recognition is distinctive among biometrics, clarify how even seemingly benign and positive uses of the technology can trigger dangerous normalization dynamics, and pinpoint why current United States laws (with reverberations in the EU’s AI Act) are designed to accelerate a slippery slope that makes mass surveillance nearly inevitable. Our most fundamental contribution lies …

How Not To Democratize Algorithms, Ngozi Okidegbe

Faculty Scholarship

A growing set of jurisdictions has embraced “consultative algorithmic governance,” the idea that community members, particularly racially and otherwise politically marginalized ones, should be involved in the processes by which state institutions procure, construct, implement, and oversee artificially intelligent algorithms employed in public sector decision-making. Consultative processes range from public hearings that provide communities with an opportunity to comment about anticipated algorithmic use to community advisory boards that help public officials evaluate the impact of current or future algorithmic use.

This Article argues that consultative algorithmic governance is critically flawed and then builds upon this critique to point toward a …

Judicial Accountability, Anya Bernstein

Faculty Scholarship

Judicial decisions are moving ever more authority over regulatory statutes away from agencies and to courts instead. One justification offered for this power transfer: agencies lack the accountability of courts. This Article takes up that claim, assessing the institutions’ relative capacities for accountability in their authoritative interpretations of regulatory statutes—agency regulations and court rulings. I take accountability to involve actors undertaking reasoned decisionmaking grounded in publicly recognized values and facts and justifying their decisions to others who can evaluate, influence, or override those judgments. Accountability thus involves a give and take: it gives an account of government reasoning to a …

Artificial Intelligence & Criminal Justice: Cases And Commentary, Benjamin Perrin

All Faculty Publications

When I was given the chance to develop a seminar this year at UBC’s Peter A. Allard School of Law, I jumped at the opportunity to develop something new and engaging. After brainstorming ideas with students, it quickly became evident that there was substantial interest and enthusiasm for a seminar on the growing integration of artificial intelligence and the criminal justice system.

Embarking on this journey has been a steep learning curve for me as my students and I worked together to shape the course along with input from generative AI tools like ChatGPT, Gemini and Perplexity, along with open-source …

Reflections On The Ferguson Report, Eisha Jain

Faculty Publications

This Essay reflects on the significance of the Investigation of the Ferguson Police Department by the Civil Rights Division of the Department of Justice (“Ferguson Report”). The Ferguson Report is a valuable teaching tool for criminal procedure because it documents detailed cases of police misconduct. But it also reveals how many deeply intrusive and over-reaching policing practices are not, in fact, unconstitutional. Reading the Report offers a window into how the law can enable misconduct, and it reveals how little opportunity the community affected had to create change.

The Nuances Of Prosecutorial Nonenforcement, Meighan R. Parsh, Carissa Byrne Hessick

Faculty Publications

The academic literature on prosecutors is divided: Some commentors believe that prosecutors should more aggressively use their ability to decline to bring charges, decreasing the overall number of criminal cases and helping to address the problem of mass incarceration. Others believe that broad prosecutorial nonenforcement poses significant risks to our constitutional order and public safety. While the visibility of this debate has increased—spilling over from the pages of law reviews into political campaigns and headlines—the terms of this debate are at times unclear. Prosecutorial nonenforcement is a multifaceted phenomenon, and discussions about its costs and benefits can obscure necessary tradeoffs …

Sealed Justice: Federal Courts' Inconsistent Record-Sealing Rules And Their Impact On Judicial Transparency, David S. Ardia

Faculty Publications

Public access to court records is a cornerstone of democratic governance, enabling public oversight of the judiciary and fostering confidence in the rule of law. Despite a strong presumption in favor of openness under both the First Amendment and common law, the sealing of federal court records has become widespread, often with minimal judicial scrutiny. Re-cent investigations have revealed that excessive court secrecy shields government and corporate misconduct, conceals vital public-safety information, and erodes public confidence in the courts.

This Article presents the first comprehensive analysis of the local rules governing sealing in all 94 federal districts, reviewing more than …

Ecarrots: Prison Control And Profits From Correctional Tablets, Justin Iverson

Scholarly Works

In recent years, tablets have gained tremendous popularity behind bars for their ability to expand access to educational and rehabilitative services for people in prison. However, there are downsides to tablet implementation, including high costs at the expense of a captive population and shifting power dynamics resulting in possible volatility. This Article examines the use of correctional tablets in jails and prisons as mechanisms for administrative control and profit-making in an era of beleaguered correctional budgets. It also considers legal and policy implications related to the disproportionately negative impact of the introduction of tablets on people in poverty, increased dependency …

Facial Recognition Technology And The First Amendment, Joseph A. Tomain

Articles by Maurer Faculty

The growing ubiquity of facial recognition technology (FRT) is a problem. While much has been written on harmful government use of FRT, little has been written regarding harmful private actor use. This Article helps fill a gap in the literature by providing a detailed analysis of the First Amendment interests at stake when private actors use FRT. Specifically, this Article analyzes whether laws that limit the use of publicly available photographs to create faceprints for inclusion in FRT databases violate the First Amendment rights of private actors.

In May 2025, a multidistrict litigation against Clearview AI, an FRT company, offered …

"17 Going On 23": Sentencing Young People To Life In Canada, Debra Parkes

All Faculty Publications

This paper analyzes reported Canadian cases from 2008 to 2022 in which young people were sentenced for murder. It shows that, at least in these reported decisions, sentencing young people as adults for murder is not rare. The Crown routinely seeks life sentences for young people and the court orders them in the vast majority of cases in which they are sought. Life sentences for young people have become normalized and expected in murder cases, rather than exceptional. This paper delves into the case law to get a better picture of why and how this is happening.

Video Analytics And Fourth Amendment Vision, Andrew Guthrie Ferguson

Scholarly Articles in Law Reviews & Journals

What does the Fourth Amendment have to say about video analytics running on citywide camera systems? Video analytics (also known as computer vision) involves hardware and software in cameras that turns video surveillance streams into useful data, identifying, categorizing, matching, and alerting police about objects, people, and incidents. Video analytics can identify objects (e.g., hat, backpack, person, car) and track that person or thing back in time and through the streets using video surveillance footage. For police officers conducting virtual patrols or retrospective investigations, video analytics lets police scan thousands of linked cameras for suspicious behavior or a particular suspect, …

Regulatory Sandboxes: One Decade On, Hilary J. Allen

Scholarly Articles in Law Reviews & Journals

Regulatory sandboxes have spread like wildfire since the U.K Financial Conduct Authority launched its sandbox for financial technology businesses (fintech) one decade ago. Despite widespread adoption, however, there is little empirical evidence available to assess whether the signature sandbox policy com- bination of regulatory rollbacks and regulatory guidance is in fact good policy. The empirical evidence that is available suggests that regulatory sandboxes are beneficial for the tech firms that participate in them, but tells us nothing about how regulatory sandboxes have impacted the broader enterprise of regulation, or whether the innovation generated by sandbox participants is beneficial for any- …

Housing Justice Pipeline: Harnessing Housing Clinics To Transform The Right To Counsel Movement, Erica Braudy, Thomas Honan, Tuhfa Begum

Articles & Chapters

No abstract provided.

Per Se Non-Takings, Nestor M. Davidson, Timothy M. Mulvaney

Faculty Scholarship

In the discourse on the Takings Clause, disputes over methodology have long formed a kind of proxy war, with per se rules ordinarily underwriting strong constitutional protection for property rights and ad hoc standards more often vindicating public interests. At a moment when the Supreme Court is increasingly embracing the rules end of this rules–standards spectrum, this Article offers a novel perspective to challenge the conventional link between categorical reasoning and classical liberal conceptions of constitutional property.

To do so, the Article excavates a vast body of law denying takings liability through rule-like reasoning, an approach the Article calls per …