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Being And Becoming In The Algorithmic Age, Bernard E. Harcourt Jul 2025

Being And Becoming In The Algorithmic Age, Bernard E. Harcourt

Faculty Scholarship

To change the world: the prerequisite, most often, is to change our experience of the world, to experience the world differently, to be shaken to our foundations, to have one’s sense of self shattered. That is a process of both being and becoming. In order to turn that process in our favour, in this age of artificial intelligence, it will be crucial to transform data and algorithms into bits of justice.


Extractivism And Water Crisis In The Moroccan Draa Oasis: Global South Reflections On Responsibility And Resistance, Ahmed El Khatabi Jun 2025

Extractivism And Water Crisis In The Moroccan Draa Oasis: Global South Reflections On Responsibility And Resistance, Ahmed El Khatabi

Journal of Maya Heritage

Abstract. The Draa Oasis in southeastern Morocco is experiencing severe water scarcity, driven by climate change and intensified by the expansion of watermelon agribusiness and desert tourism. This article explores how external investors, empowered by national agricultural policies, have disrupted traditional water governance systems rooted in collective management. Through ethnographic fieldwork involving interviews, focus groups, and spatial mapping, the study examines the socio-environmental consequences of groundwater depletion and land commodification. It argues that investors fail to assume ethical accountability for the ecological degradation they cause, despite being aware of the oasis’s fragile ecosystem. Meanwhile, local communities and civil society actors …


Kebijakan Cukai Konsumsi Minuman Berpemanis Dalam Kemasan (Mbdk) Dalam Mengendalikan Masalah Kesehatan: Tinjauan Literatur Sistematis Dan Meta Analisis, Risky Kusuma Hartono, Fitria Aryani Susanti Jun 2025

Kebijakan Cukai Konsumsi Minuman Berpemanis Dalam Kemasan (Mbdk) Dalam Mengendalikan Masalah Kesehatan: Tinjauan Literatur Sistematis Dan Meta Analisis, Risky Kusuma Hartono, Fitria Aryani Susanti

Jurnal Ekonomi Kesehatan Indonesia

Globally, the consumption of sugar-sweetened beverages (SSBs) has increased by nearly 16%. The imposition of taxes on sugary drinks is considered one of the strategic measures to control diseases associated with their consumption. This study aims to conduct a meta-analysis of the correlation between SSB taxation and health issues. The systematic review and meta-analysis were carried out following the Preferred Reporting Items for Systematic Reviews and MetaAnalyses (PRISMA) guidelines. Literature from various countries published since January 1, 2014, was collected using databases such as Google Scholar, PubMed, and Science Direct. The meta-analysis process was performed using a funnel plot. A …


Living Heritage, Resilience And Ethically Informed Infrastructures In Malawi, Martha B. Lerski, Frank Puluputu Mwale Jun 2025

Living Heritage, Resilience And Ethically Informed Infrastructures In Malawi, Martha B. Lerski, Frank Puluputu Mwale

Publications and Research

Rooted in a rural community’s needs, this paper explores how historically, and ethically informed infrastructures can support community engagement towards identification, documentation, and dissemination of local, traditional, and indigenous knowledge relating to climate change. The paper examines climate adaptation and sustainability issues through the lenses of community organizing and Library & Information Science best practices. It draws on a growing body of literature identifying a role for expanded epistemological and subject discipline perspectives. While the impacts of climate on material culture are increasingly recognized, intangible, and biocultural heritage have not received as much attention. Living heritage traditions and knowledge systems …


Demanding More From Distance Learning: The Virtual & Democratized Futures Of Legal Education, Antonio M. Coronado, Gabriela Elizondo-Craig Jun 2025

Demanding More From Distance Learning: The Virtual & Democratized Futures Of Legal Education, Antonio M. Coronado, Gabriela Elizondo-Craig

Seattle University Law Review Online

Antonio M. Coronado and Gabriela Elizondo-Craig examine the transformative potential of online legal education through their work at Innovation for Justice, where they lead virtual legal training programs for community-based justice workers. They trace the development and limitations of ABA Standard 306, highlighting how the COVID-19 pandemic exposed both the rigidity of traditional legal education and the possibilities of technology-enabled learning. Drawing on adult education theory and best practices in online pedagogy, Coronado and Elizondo-Craig challenge prevailing critiques of distance legal education and advocate for a learner-centered, accessible, and inclusive model. Their experience demonstrates how online legal education, when intentionally …


The Shadow Pandemic: The Response To Domestic Violence In The Wake Of Covid-19 And What We Can Carry Forward, Presley Sneed Jun 2025

The Shadow Pandemic: The Response To Domestic Violence In The Wake Of Covid-19 And What We Can Carry Forward, Presley Sneed

Georgia Criminal Law Review

When the COVID-19 virus brought the pandemic to the United States in March of 2020, the legal system was not prepared for the increase in domestic and intimate partner violence that would follow. The United Nations (UN) later identified this social phenomenon as a second pandemic, a “shadow pandemic” that resulted from an increase in stay-at-home orders and a decrease in support services for victims. By the end of 2021, forty-five percent of women globally reported either they themselves or a woman they know had experienced some form of domestic or intimate partner violence since the emergence of COVID-19. One …


Filling The Sackett Gap: The Private Governance Option, Michael P. Vandenbergh, Elodie O. Currier Stoffel, Steph Tai Jun 2025

Filling The Sackett Gap: The Private Governance Option, Michael P. Vandenbergh, Elodie O. Currier Stoffel, Steph Tai

Minnesota Law Review Vols. 106:2 onward (2021-present)

The Supreme Court’s decision in Sackett v. EPA reversed fifty years of federal Clean Water Act wetlands protections and removed federal oversight from roughly half of the wetlands in the United States. This Article proposes a viable new conceptual model and tools to close the Sackett Gap—the gap between the wetlands protected before and after Sackett. Scholars have argued for federal measures to fill the Sackett Gap, but these actions face substantial challenges. Congress is unlikely to adopt new wetlands legislation, agencies are constrained by Sackett’s expansive language, the end of Chevron deference, and the 2024 presidential election, and lower …


Catching Nutients In A Net: Collective Action, Institutional Impediments, And The Mississippi River Watershed, Jonathan Rosenbloom Jun 2025

Catching Nutients In A Net: Collective Action, Institutional Impediments, And The Mississippi River Watershed, Jonathan Rosenbloom

Minnesota Law Review Vols. 106:2 onward (2021-present)

Thousands of local governments in the Mississippi River watershed possess regulatory land use authority. From a narrow law and economics standpoint, when these entities extract from, add to, or pollute the watershed, it may appear as a classic tragedy of the commons problem. The tragedy sounds something like this: local governments act “rationally” to avoid regulating in a way that reduces pollution in the waterway because such regulation would increase costs. Further, local governments avoid paying the costs associated with treating or reducing the level of contaminants in the water before ushering them downstream. While this analysis might partially explain …


The Bogeyman Of Environmental Regulation: Federalism, Agency Preemption, And The Roberts Court, Kamaile A.N. Turčan Jun 2025

The Bogeyman Of Environmental Regulation: Federalism, Agency Preemption, And The Roberts Court, Kamaile A.N. Turčan

Minnesota Law Review Vols. 106:2 onward (2021-present)

In a trio of environmental cases—West Virginia v. EPA, Sackett v. EPA, and Loper Bright v. Raimondo—the Roberts Court curtailed the federal regulatory power and produced corresponding deregulatory outcomes under seemingly neutral legal principles. This Article interrogates the doctrinal coherency of the Roberts Court’s jurisprudence by applying the rationales of these cases to climate change litigation. Climate change policies advanced by state and local governmental plaintiffs represent the inverse of what the Court has previously rejected. The regulatory burdens arise under state, not federal, law. In this analysis, the Article advances a previously undertheorized aspect of the trio’s combined effect: …


The Clean Water Act And Avoidance Creep, Jack H.L. Whiteley Jun 2025

The Clean Water Act And Avoidance Creep, Jack H.L. Whiteley

Minnesota Law Review Vols. 106:2 onward (2021-present)

In Sackett v. EPA, the Supreme Court set out a test for the Clean Water Act’s jurisdiction over wetlands. The Act, the Court held, protects only those wetlands that have a continuous surface connection to relatively permanent bodies of water like streams, rivers, and lakes. If the connection lies below the surface, or is at the surface but discontinuous, the wetlands are presumed to fall outside the Act’s protections. The ruling, which abruptly curtailed how each administration since the 1970s had understood the Clean Water Act’s jurisdiction, has generated persuasive criticism from environmental scholars. In this Essay, prepared for the …


Silicon Sentinels: Using Whistleblower Protections To Manage Information Asymmetry And Ai Risk, Jason Green-Lowe, Fynn Fehrenbach, Mark Reddish Jun 2025

Silicon Sentinels: Using Whistleblower Protections To Manage Information Asymmetry And Ai Risk, Jason Green-Lowe, Fynn Fehrenbach, Mark Reddish

Liberty University Law Review

In the rapidly evolving landscape of artificial intelligence (“AI”) development, policymakers face a critical challenge: obtaining accurate and timely information about the potential risks and impacts of advanced AI systems. This Article examines the pivotal role of whistleblower protections as a mechanism to address the information asymmetry between AI companies and government officials. Employees inside AI companies are uniquely positioned to share information that can help outside regulators make wise policy decisions, but employees might be reluctant to do so unless their decision to share that information is legally protected. We propose a comprehensive framework for AI whistleblower protections as …


The Measure Of A Man: Considering Science Fiction And Christianity In The Regulation Of Artificial Intelligence Models, Andrew P. Connors Jun 2025

The Measure Of A Man: Considering Science Fiction And Christianity In The Regulation Of Artificial Intelligence Models, Andrew P. Connors

Liberty University Law Review

Does artificial intelligence “think,” and if it does, what should the law do about it? This article examines popular culture and the Turing Test to assess whether artificial intelligence “thinks,” applying the author’s engineering background and his Christian worldview. The author concludes that artificial intelligence mimics rather than creates and considers the risks and benefits of artificial intelligence given that conclusion. The author suggests that legal regulation should be measured, leaving important decisions to humans while at the same time encouraging development of this important, misunderstood technology.


Senator Fulbright Had A Vision. His Successors Must See It Through., Christie S. Warren Jun 2025

Senator Fulbright Had A Vision. His Successors Must See It Through., Christie S. Warren

Popular Media

No abstract provided.


Book Reviews, Usawc Press Jun 2025

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


China’S Role In A Future Korean War, Jake Rinaldi Jun 2025

China’S Role In A Future Korean War, Jake Rinaldi

The US Army War College Quarterly: Parameters

This article argues that China’s intervention in a Korean conflict will hinge more on North Korea’s ability to hold territory than on bilateral ties. Rather than treat Chinese intervention as a yes-or-no proposition, this study models three scenarios—full intervention, sustained support, and limited support—based on North Korean resilience. Using Chinese-language sources and scenario-based analysis, it assesses how each model would shape key functional areas such as ISR, cyber, materiel, and force posture. The findings offer US defense planners a framework for anticipating variable People’s Liberation Army involvement in a future Korea contingency.


Strategic Narratives To Counter Global Threats, Jerry E. Landrum, Chase Metcalf, Michael M. Posey Jun 2025

Strategic Narratives To Counter Global Threats, Jerry E. Landrum, Chase Metcalf, Michael M. Posey

The US Army War College Quarterly: Parameters

This article argues that the current National Security Strategy lacks the necessary coherence and fidelity to mobilize collective action against the emerging Russia-China axis. It merges multiple theoretical concepts to assert that the “rules-based order” theme is insufficient for mobilizing public support. Using textual analysis of the strategy compared with publicly available polling to determine levels of popular resonance, the authors find that the “rules-based order emphasis” does not resonate. This study’s conclusions will assist practitioners as they develop an updated National Security Strategy in the new presidential administration.


The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid Jun 2025

The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid

Theses and Dissertations

The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …


Feed It To The Ocean: The Federal Approach To Decommissioning In Alaska Native Climate Adaptation Projects, Sophia Tidler Jun 2025

Feed It To The Ocean: The Federal Approach To Decommissioning In Alaska Native Climate Adaptation Projects, Sophia Tidler

Alaska Law Review

This Note calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that concurrent decommissioning is an in-scope “connected action” under the National Environmental Policy Act for relocation, managed retreat, and protect-in-place projects aimed at replacing infrastructure in environmentally threatened Alaska Native communities. In 2018, the Denali Commission completed the Final Environmental Impact Statement for Alaska’s first community-driven village relocation of the millennium, facilitating construction of essential infrastructure at Mertarvik, the relocation site for the village of Newtok. However, the Denali Commission chose to exclude a full-scale decommissioning plan for Newtok’s existing infrastructure. Today, more than seventy-three Alaska …


The Future Of Alaska’S Wetlands In A Post-Sackett World, Johanna Crisman Jun 2025

The Future Of Alaska’S Wetlands In A Post-Sackett World, Johanna Crisman

Alaska Law Review

In 2023, the United States Supreme Court decided Sackett v. Environmental Protection Agency, which effectively restricted the United States Army Corps of Engineers’ (“USACE”) and the Environmental Protection Agency’s (EPA) ability to regulate development of wetlands. The State of Alaska submitted an amicus brief to the Court on behalf of the petitioners, the Sackett family. In the wake of the decision, Governor Dunleavy praised the decision by the Court, emphasizing that the decision provided the state more autonomy over its own wetlands. Still, there is concern by environmentalists that the State does not have the resources to protect the wetlands …


Virtual Dignitary Torts, Zahra Takhshid Jun 2025

Virtual Dignitary Torts, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

The emergence of the metaverse and spatial computing, which has enabled immersive digital interactions, raise complex legal questions. This work examines the feasibility of addressing dignitary torts-such as battery and intentional infliction of emotional distress-committed via avatars. The particular challenge for tort law is the nonphysical nature of selfrepresentations in these virtual spaces. Drawing from the historical evolutions of several dignitary torts, such as the law of battery and emotional harm, this article argues that the key in allowing for the recognition of such harms is appreciating the expansion of the protection of physical body within these torts, to the …


Sex Offender Prison Treatment Programs: Outdated Science Masquerading As A Legitimate Penological Objective, Shelby Jones Jun 2025

Sex Offender Prison Treatment Programs: Outdated Science Masquerading As A Legitimate Penological Objective, Shelby Jones

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Exploiting Vulnerability: Human Trafficking As A Tool Of Genocide, Madison Bryant Jun 2025

Exploiting Vulnerability: Human Trafficking As A Tool Of Genocide, Madison Bryant

Undergraduate Theses, Capstones, and Recitals

This thesis examines the relationship between human trafficking and genocide, arguing that when trafficking is used with the intent to destroy a targeted group, it should be understood and prosecuted as an act of genocide. While international law traditionally treats genocide and human trafficking as distinct crimes, historical and contemporary evidence reveals significant overlap in their mechanisms, motivations, and outcomes. Through a thematic analysis of three case studies, this research demonstrates how trafficking has been systematically employed to further genocidal objectives, including displacement, exploitation, cultural erasure, and the destruction of communities. The case studies are the genocide of Indigenous peoples …


Gender-Based Crimes And The Colombian Special Jurisdiction For Peace, Caroline Davidson Jun 2025

Gender-Based Crimes And The Colombian Special Jurisdiction For Peace, Caroline Davidson

Duke Journal of Comparative & International Law

The Special Jurisdiction for Peace ("JEP"), created as part of Colombia's historic 2016 Peace Agreement, has been hailed as a novel, restorative justice-oriented mechanism for addressing gross human rights violations at the domestic level. Commentators point to the JEP as a potential model for other jurisdictions looking to address mass atrocities. The success or failure of this model hinges on the JEP's ability to effectively address an issue of great concern to the International Criminal Court as well as to Colombian civil society: gender-based crimes. This Article is the first to examine comprehensively the JEP's progress on this vital issue, …


A Theory Of Structural Guarantees: How The Constitution Combats Unequal Distributions Of Liberty, Michael S. Cecil Jun 2025

A Theory Of Structural Guarantees: How The Constitution Combats Unequal Distributions Of Liberty, Michael S. Cecil

New Mexico Law Review

Structural inequality is a widely invoked but often undertheorized concept in constitutional discourse. A persistent question in constitutional theory is whether structure itself is a subject of justice—and how, if at all, institutional arrangements that produce unequal distributions of liberty might demand corresponding remedies. The strained efforts of courts and legislatures in addressing structural inequality through individual rights-based frameworks underscore the need for a more robust theoretical account. This Article contributes to that effort by advancing a theory of “structural guarantees” grounded in principles of justification from the social contract tradition. Rather than focusing on abstract features of the state …


Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann Jun 2025

Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management, Julia A. Snyder Jun 2025

A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management, Julia A. Snyder

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden, Benjamin S. Levy Jun 2025

A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden, Benjamin S. Levy

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Pressure In The Pipeline? Hidden Tensions Beneath The Surface In The D.C. Circuit's Analysis Of Alabama Municipal Distributors Group V. Federal Energy Regulatory Commission, Marina Campo Jun 2025

Pressure In The Pipeline? Hidden Tensions Beneath The Surface In The D.C. Circuit's Analysis Of Alabama Municipal Distributors Group V. Federal Energy Regulatory Commission, Marina Campo

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Securing Americans' Genetic Information: Privacy And National Security Concerns Surrounding 23andme's Bankruptcy Sale. Hearing Before The House Committee On Oversight And Government Reform, United States House Of Representatives, 119th Congress, First Session., Margaret Hu Jun 2025

Securing Americans' Genetic Information: Privacy And National Security Concerns Surrounding 23andme's Bankruptcy Sale. Hearing Before The House Committee On Oversight And Government Reform, United States House Of Representatives, 119th Congress, First Session., Margaret Hu

Congressional Testimony

No abstract provided.


Establishing A "Duty To Not Destroy": Using Fiduciary Duty To Hold Settler-Colonial States Responsible For Cultural And Linguistic Harms Committed Against Indigenous Students At Government-Run Boarding Schools, Kristina Mclaughlin Jun 2025

Establishing A "Duty To Not Destroy": Using Fiduciary Duty To Hold Settler-Colonial States Responsible For Cultural And Linguistic Harms Committed Against Indigenous Students At Government-Run Boarding Schools, Kristina Mclaughlin

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.