Digital Commons Network^™

How Not To Design Expert Bureaucracy: Lessons From Administrative Law, Wendy E. Wagner

North Carolina Law Review

No abstract provided.

Enabling Injustice: Slapps, Democratic Values, And The Price Of Truth, Costantino Grasso

Buffalo Law Review

Conventional analysis of Strategic Lawsuits Against Public Participation (SLAPPs) often focuses on the promise of recent procedural reforms, including recent U.S. state-level reforms, the 2024 E.U. Anti-SLAPP Directive, the U.K. government’s 2025 SLAPP Bill, and related measures in the Economic Crime and Corporate Transparency Act. This Article argues that these legislative responses, introduced amid growing international concern, still leave structural vulnerabilities, have limited focus, and do not address the deep-seated inadequacies of substantive law that allow powerful actors to chill public-interest speech through abusive lawfare.

Adopting an interdisciplinary “new legal realist” approach, this Article decodes the anatomy of this modern …

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 …

Floodings, Emilio R. Longoria

The University of New Hampshire Law Review

No abstract provided.

The Road To Regulation: A Literature Review Of The Influences On The Updated Silica Standards, Skye M. Medcraft

Capstone Experience: Master of Public Health

Silica is a hazardous compound that poses a risk to human health resulting from dust creating activities across various industries. Several agencies, including OSHA (Occupational Health and Safety Administration) and MSHA (Mine Safety and Health Administration) have adopted regulatory oversight of silica exposure in the workplace. As more research has been conducted on silica exposure, the health effects are becoming better described, which has led to the creation and updating of exposure regulations to protect worker health. The objective of this literature study is to review the data presented to the Department of Labor and discuss how the factors that …

Climate Science And Natural Resource Litigation, Jessica A. Wentz

Sabin Center for Climate Change Law

Climate change has major implications for sustainable use and conservation of natural resources. Many natural systems are already under severe stress and may be unable to sustain historical use patterns; resource management decisions can also exacerbate or mitigate climate change by affecting the balance of greenhouse gases in the atmosphere. This Article describes the legal and scientific basis for recognizing agencies’ obligations to assess and respond to climate change, drawing insights from a survey of U.S. litigation involving forests, fisheries, rangelands, and freshwater resources. The cases suggest litigants have been somewhat successful in driving more rigorous assessments of climate change. …

National Values Matter For Ai: Comparative Analysis Of Ai Regulations In The Us, The Eu, And China, Kaori (Furuya) Kawaguchi

Brooklyn Journal of International Law

As artificial intelligence (AI) continues to evolve rapidly, governments worldwide face increasing pressure to regulate it. This Article focuses on regulatory approaches to AI in the United States, the European Union, and China, examining the underlying rationales: why have they taken these approaches? Each jurisdiction’s unique political institutions, historical preferences, and strategic priorities shape its approach to governance. In particular, the values the jurisdiction expects in technology shape its regulation. The US adopts a decentralized, innovation-friendly model rooted in reliance on market and self-regulation in industries with its strong trust in laissez-faire philosophy; the EU asserts global leadership in regulations …

Ai Procurement As Regulatory Reconnaissance, Sam Adler

Fordham Law Review

Artificial intelligence (AI) is a black box technology in a black box industry. Some view AI as a life-changing technology capable of advancing society and perhaps even saving the world, while others fear its capacity to harm. Like Dr. Frankenstein, developers fear the unpredictability of their own creations; deployers fear the unknown risks of third-party AI tools that market pressures drive them to assume; members of civil society fear AI’s capacity to oppress the already oppressed and degrade trust in institutions; and everyday users fear the undisclosed potential of AI to cause harm by means they cannot readily comprehend. These …

The Equal Pay Act’S Hidden Loophole: Eliminating Prior Compensation As A “Factor Other Than Sex”, Madeleine Bol

Fordham Law Review

The Equal Pay Act of 1963 (EPA or the “Act”) prohibits employers from engaging in sex-based wage discrimination. The Act includes four exceptions that allow an employer to circumvent liability, the last of which allows for pay disparities when the “differential [is] based on any other factor other than sex.” The language of this exceedingly broad exception raises questions among courts on what “other than sex” entails—specifically, whether a court can rely on an employee’s prior compensation to justify a pay disparity between employees of the opposite sex. This Note examines how federal circuit courts have interpreted this catchall exception. …

Penambahan Jumlah Kementerian Negara: Analisis Terhadap Efektivitas Dan Efisiensi Pemerintahan, Bayu Saputro, Alfi Syahri Lubis, Renaldy Wijaksana Wibowo, M. Fariz Al-Qindi

Jurnal Hukum & Pembangunan

The revision of Law 39/2008 on State Ministries, which removes the maximum limit of 34 ministries, has become a polemic issue in society. Analysis shows that increasing the number of ministries is not urgent and runs counter to the spirit of bureaucratic reform. This policy also does not improve the effectiveness of government administration, because the main issue affecting the effectiveness of ministries lies in the quality of ministers, not the number of ministries. The addition of ministries has the potential to cause overlapping authorities, regulatory disharmony, and sectoral egos. From an efficiency perspective, this policy places a heavy burden …

Fifth Circuit And Mississippi Law: Asked And Answered (Or Not), Caroline B. Smith, Emily K. Lindsay, Jim Rosenblatt

MC Law Review

No abstract provided.

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.

Chatgpt In Teaching English As A Foreign Language: Teacher And Learner Perspectives, Sameiha Alhussain N Khawaji

University of Tabuk Journal for Humanities and Social Sciences

This study investigates ChatGPT as a supplementary tool in English as a Foreign Language (EFL) education through surveys of 150 teachers and 350 learners in Asia, Europe and Latin America. Results show that ChatGPT improves language proficiency by providing personalized feedback, conversational fluency (72% of users reported improvement), writing scores by 22% and vocabulary through contextualized practice. Teachers found it useful for lesson planning and administrative tasks. However, challenges such as plagiarism risks (15% of cases), occasional inaccuracies and cultural insensitivities especially in idiomatic and formal language use require ethical guidelines and human oversight. For example, Asian participants noted mismatches …

Local Government Standing As State Standing, Katharine Cooney, Katherine Mims Crocker

Faculty Scholarship

It is increasingly common, and controversial, for local governments to bring lawsuits as plaintiffs in federal court. Many questions about this practice raise matters that sound in policy. But some, including the issue of standing to sue, also raise issues of constitutional law. How local governments fit into standing rules should reflect how they fit into the U.S. constitutional system more broadly. As the Supreme Court put it in the famous (and infamous) 1907 case Hunter v. City of Pittsburgh, "[m]unicipal corporations are political subdivisions of the State, created as convenient agencies for exercising such of the governmental powers of …

Signaling Through National Security Lawmaking, Weijia Rao

Faculty Scholarship

An often-overlooked element of the ongoing TikTok saga is China’s export control law, which prohibits the sale of TikTok’s core content recommendation algorithm without prior approval from the Chinese government. This law is just one example of the extensive national security lawmaking China has undertaken in recent years. Closely paralleling similar institutions in the U.S., China has established a comprehensive national security legal framework that authorizes the government to restrict exports, sanction foreign entities, screen foreign investments, and block transactions involving cyber infrastructure.

Why turn towards legality when China has the ability to employ these actions without a formal legal …

General Rulemaking Grants And The Federal Trade Commission, Tamar Katz, Alex Lloyd George, Lev Menand, Tim Wu

Faculty Scholarship

The legal campaign against the administrative state has a new front: general rulemaking provisions. General rulemaking provisions authorize agencies, in an open-ended way, to write rules to carry out Congress’s directives. Administrative agencies have relied on such provisions for decades. But over the last several years, some litigators, scholars, and judges have advanced limiting theories that would, if applied widely, greatly reduce the ability of agencies to execute federal statutes. The leading edge of this campaign is an effort to negate the rulemaking authority of the Federal Trade Commission (FTC). The reasoning employed by the FTC’s opponents, already adopted by …

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 And The Right To (Dis)Connect, Hugh Collins

Comparative Labor Law & Policy Journal

The rise of remote work and modern communications technology has blurred the boundaries between work and personal life, leaving many workers perpetually on call with little time for rest or personal activities. In response, some jurisdictions have adopted a “right to disconnect,” often framed as a ban on work communications during certain hours. However, such proposals are flawed: they are unnecessary, as workers already possess the legal right to ignore work communications outside contractual hours, and impractical, as many feel pressured to remain connected due to workplace norms and career concerns. This article argues for a reconceptualisation of the “right …

Comment - The Collective Aspect Of Job Seekers’ Data Rights, Katrina Ligett, Ayelet Gordon-Tapiero

Comparative Labor Law & Policy Journal

THE WORKPLACE is a complex and dynamic environment that mirrors societal relations and interactions. Given the inherent imbalance of power between employers and workers, as well as the lack of bargaining power of any individual worker, worker unions have emerged to provide workers with a collective voice and place them on more even footing with their employers, allowing them to achieve more than any single worker could on their own (Bok, 1971). Through the assertion of their members’ collective rights, worker unions have played a pivotal role in promoting rights such as fair wages, safe work conditions, health benefits, and …

Bring Your Own Device — Now Hand It Over! Rescuing Workers’ Privacy During Data Searches, Virginia Mantouvalou, Michael Veale

Comparative Labor Law & Policy Journal

Technological advancements pose serious threats to workers’ privacy. This article focuses on practices that greatly blur the line between workers’ private life and life at work, such as the practices of “bring your own device,” and linking cloud storage to personal and work devices. The first sees workers allowed to use personal devices for work-related activities, potentially for several employers. The second sees workers using online storage for personal and professional reasons, linking this storage to personal and work devices. Such practices can be useful for workers. However, they also present challenges for workers’ privacy, particularly when other legal frameworks …

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, …

Frameworks For Repatriation: Moving Beyond Nagpra, Ashley Joplin

Electronic Theses and Dissertations

Museums and similar federally funded educational institutions have been collecting human remains since the Enlightenment era in the 1800s. Since then, these institutions have developed various collections practices that have encouraged the collection of human remains. Often unethical in nature, these collections have harmed historically marginalized communities, such as Indigenous and African American communities. While the ethics of collecting have been under scrutiny for decades, it was not until 1990 under the Native American Graves Protection and Repatriation Act (NAGPRA) that mainstream attention was drawn to the ethics of collections practices.

This thesis explores these collections practices and the repatriation …

Patent Monopsonies, Roy Baharad, Gideon Parchomovsky

Duke Law Journal

Conventional wisdom perceives patent protection as a necessary evil. Patent protection, the argument goes, raises the prices of patented products and processes, thus restricting access to innovation. But without it, not enough innovation will be produced. Hence, generations of scholars have sought ways to curb the market power of patentees via various legal interventions, such as prizes, compulsory licenses, and other forms of regulation. All have tacitly assumed that eroding the market power of patentees would result in a competitive market for innovation that would put an end to the allocative inefficiencies and distributional inequities that emanate from patent protection. …

The Right To Be Forgotten In The Digital Age, Ammar Ali Qasem

Thesis/ Dissertation Defenses

This dissertation addresses the right to be forgotten in the digital environment as one of the most significant emerging rights in today’s information society. It aims to clarify the theoretical, jurisprudential, and judicial foundations of this right, analyze its legal nature and sources, and delineate its scope and limits while balancing it against freedom of expression, the public’s right to know, and the requirements of the digital economy. The research employed a multidisciplinary methodology combining the descriptive-analytical approach in examining legal texts and international instruments, the comparative method between the European experience—particularly the General Data Protection Regulation (GDPR)—and Arab legislation …

The Discord Dilemma: Section 230'S Free Pass For Internet Providers Sanctioning Online Extremism, Claira L. Cooper

Richmond Journal of Law & Technology

This Article examines the relationship between the blanket immunity for internet providers guaranteed by Section 230 of the Communication Decency Act and the rise of online extremism on gaming adjacent platforms. This Article analyzes multiple recent events incited by extremists on the gaming platform, Discord, and the real-life consequences that arise when extremism is allowed run rampant on platforms. This Article argues that Section 230, in its current form, enables platforms to turn a blind eye to illegal conduct on their website by avoiding moderation, thus making it clear that Section 230 is in dire need of an update to …

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).

Surviving The Post–Biafran War By Navigating The Igbo People's Igba-Boi Apprenticeship Model Of Entrepreneurship, Chiemela Victor Amaechi, Ugo Pascal Onumonu, Salmia Binti Beddu, Ikechi Mgbeoji

Articles & Book Chapters

After the Nigerian Civil War, the Biafrans started from scratch through trades, mostly adopting the igba-boi apprenticeship system in Nigeria. This paper examines the impact of the igba-boi entrepreneurship system in post-Biafra for the survival of the Igbo identity. Historical–analytical and documentary methods were adopted in this investigation, through primary and secondary sources. This study found different phases of the igba-boi- apprenticeship model, which was adopted in entrepreneurship by the Igbos to survive after the war. This study found that economic towns in Eastern Nigeria, like Aba, Owerri, Enugu, Nnewi, Onitsha and Awka, have enhanced economic development. Also, it found …

The Nuclear Option: Preempting Power Generation, Keith Wadley

Et Cetera

Nuclear power is a topic which many feel strongly about. Unfortunately, much of the information present in public discourse is a product of fear, misinformation, and a general lack of understanding regarding what nuclear power is and does. This note seeks to clear up the murky waters of the topic by presenting some basic factual information contrary to common misconceptions while also seeking to argue, in light of this information, that Congress should, and currently has the power to, prevent states from prohibiting the use of nuclear power. Congress passed the Energy Reorganization Act of 1974 which preempts the field …

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 …

Unfollowing Censorship: A Policy-Oriented Analysis Of Government Pressure On Social Media Content Management, William C. Morgan

Cleveland State Law Review

The introduction of social media has facilitated communications and connectivity globally. However, in recent years, social media companies have started to adopt content moderation practices that are directly influenced by government pressure to comply with their requests to arrange information. Typically, these newly adopted practices often aim to censor or diminish the exposure of certain views, comments, and/or posts that the U.S. government, through its actors, dislike or find threatening to national security. This paper examines how informal government outreach to indirectly monitor, and control social media companies’ content moderation practices undermine the platforms’ constitutionally protected editorial autonomy. Consequently, this …