Digital Commons Network^™

Physical Accessibility And Historic Preservation In Historic House Museums Of The Southeast, Abby Milonas

All Theses

Museums are a public good, as they provide educational recreation and preserve cultural history, and so it is crucial that they are physically accessible to as many visitors as possible. The aim of this study was to understand what architectural features of historic house museums are the least accessible and what has been done to ameliorate these challenges. The survey used in the study was developed using the guidelines for making historic buildings accessible as described in the Americans with Disabilities Act and the Uniform Federal Accessibility Standards. It was distributed by email to representatives of 220 historic sites, of …

Transfer Theory And The Assignment Of Contractual Rights, Stéphane Sérafin

Osgoode Hall Law Journal

The possibility of assigning contractual rights to third parties has often been taken to suggest that they amount to a form of “property” or “asset.” This point has been seized upon by proponents of transfer-based accounts of contract law, which understand contract as a means of transferring existing rights instead of creating new rights and duties between its parties. In this article, I set out to critically examine the extent to which this assumed compatibility between transfer theories of contract and the assignment of contractual rights can truly be sustained. As I argue, only one version of transfer theory is …

Conquering Copyright: Why Copyright Needs To Be Modernized Based On Practical Illustrations Of Inconsistent Copyright Precedent, Saipranay Vellala

Akron Law Review

Copyright law establishes an author’s right to secure exclusive rights in their writings. If an author finds an infringing work, the author can file a copyright infringement suit to protect their original writings and stop an infringer from misappropriating their work. In analyzing copyright infringement, however, some legal theories, such as the Inverse Ratio Rule, mischaracterize the crux of the copyright infringement inquiry and complicate the infringement inquiry for judges and juries—adversely affecting authors. Using indie musicians as an exemplary embodiment of modern copyright jurisprudence’s adverse effects, indie musicians who merely have access to a more famous musician’s music may …

Reparation For The Irreparable: Is Punishing International Crimes A Universalist Hoax?, Kholoud Hafez Hassan

Theses and Dissertations

This thesis challenges the conventional discourse on international punishment that emphasizes the development of a single, unified system of international criminal justice. Instead, it advocates for a pluralistic approach that recognizes the fragmented nature of international punishment, which involves various actors, including permanent courts, special tribunals, internationalized tribunals, and domestic courts exercising universal jurisdiction. The sui generis nature of international crimes demands a comprehensive approach to punishment that considers multiple perspectives and norms of diverse actors involved. Rejecting the notion of universalism in determining punishment rationales and promoting accounts of sentencing consistency, the author asserts that a global framework can …

Is There A Role For Conflict Photography In Conflict Resolution? It's Complicated, Joseph Clift

Pepperdine Dispute Resolution Law Journal

In this essay, I argue that conflict photography has an important and useful role in conflict understanding and resolution. While conflict images’ usefulness has been debated, I argue that its importance has not. I start with a description of conflict photography and then provide a short historical account of the camera and its use in documenting conflicts. Next, I discuss conflict resolution and present examples of conflict resolution strategies. I then present evidence of how conflict photography can be a useful tool to support some of those strategies. Afterwards, I discuss the complicated nature of conflict photography’s usefulness. I conclude …

Law Students Left Behind: Law Schools' Role In Remedying The Devastating Effects Of Federal Education Policy, Sandra L. Simpson

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

Due to the unintended consequences of misdirected federal education policy, students come to law school with underdeveloped critical thinking and cognitive adaptability skills. As the products of the No Child Left Behind Act (NCLB) and its progeny, students educated in the United States after 2002 excel at memorization and multiple-choice exam strategies but were not afforded the practice needed to fully develop other critical professional attributes. This is problematic as these are the very characteristics law students need to be a successful student and lawyer. Further, legal employers are demanding their new lawyers possess these capabilities upon graduation from law …

Investigating The Role Of Identity Documents In Refugees’ Access To Education In South Africa, Elvis Munyoka

Southern African Journal of Policy and Development

This article examined the role of identity documentation in refugees’ access to education in South Africa. Identity documentation has become a necessity in modern societies. Proof of identity is required to demonstrate who one is, and to gain access to various government services such as health care, employment, and 􀏐inancial assistance. However, the role of identity documents in refugees’ access to education in South Africa has received less attention. Few studies have demonstrated that without identity documents, refugees confront multiple barriers to accessing primary and secondary education in South Africa. This article reviewed available studies and recent literature on the …

A Gricean Theory Of Expressive Conduct, Richard P. Stillman

University of Chicago Law Review

In Spence v. Washington, the Supreme Court devised a two-part test for determining whether a nonverbal action is expressive conduct protected by the First Amendment. According to the Spence test, a nonverbal action is expressive if and only if: (1) it is intended to communicate a particularized message; and (2) in the circumstances in which the action is performed, the likelihood is great that the message will be understood by observers.

In subsequent cases, however, the Court has made clear that the category of “expressive conduct” embraces a much wider variety of nonverbal behaviors than a literal reading of the …

Rethinking Education Theft Through The Lens Of Intellectual Property And Human Rights, Peter K. Yu

Faculty Scholarship

This Essay problematizes the increased propertization and commodification of education and calls for a rethink of the emergent concept of “education theft” through the lens of intellectual property and human rights. This concept refers to the phenomenon where parents, or legal guardians, enroll children in schools outside their school districts by intentionally violating the residency requirements. The Essay begins by revisiting the debate on intellectual property rights as property rights. It discusses the ill fit between intellectual property law and the traditional property model, the impediments the law has posed to public access to education, and select reforms that have …

Trans Bodies, Trans Speech, Parker Rose Wingate

Minnesota Journal of Law & Inequality

No abstract provided.

Give Starving Artists A Piece Of The Ip Pie: Making Room At The Table For Performers’ Rights, Meagan A. Sharp

Georgia Journal of Law & Technology

Creators protect their valuable intellectual property interests through copyright. Historically, stage performers struggled to secure copyright ownership in their performances within a larger production. As the theatre landscape changes, however, trends indicate that producers will increasingly rely on performers to develop characters and shows. This reliance could prove to be an exploitative practice if performers do not receive additional compensation for their part in creating successful works. This Note first examines the meanings of authorship, fixation, and control under the Copyright Act of 1976, then widens its lens to consider alternate interpretations of these technical terms in light of an …

178th University Of Notre Dame Commencement, University Of Notre Dame

Commencement Programs

The Commencement Program includes:

• SCHEDULE OF EVENTS 3
• GRADUATE SCHOOL COMMENCEMENT CEREMONY 8
• DOCTORAL DEGREES 10
• MASTER DEGREES 23
• MENDOZA COLLEGE OF BUSINESS GRADUATE BUSINESS 38
• GRADUATE ARCHITECTURE 44
• LAW SCHOOL 45
• UNIVERSITY COMMENCEMENT CEREMONY 49
• COLLEGE OF ARTS AND LETTERS 52
• COLLEGE OF SCIENCE 61
• COLLEGE OF ENGINEERING 66
• MENDOZA COLLEGE OF BUSINESS 71
• SCHOOL OF ARCHITECTURE 77
• VALEDICTORIAN CANDIDATES 78
• EMERITI FACULTY 78
• HONOR SOCIETIES 78
• AWARDS AND PRIZES 85
• TASSELS 104

Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie

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

No abstract provided.

Historic Preservation: Launched From Grand Central Terminal, But Derailing, Kraz Greinetz

Duke Journal of Constitutional Law & Public Policy Sidebar

In Penn Central Transportation Co. v. City of New York, the Supreme Court authorized the practice of historic preservation. Ruling that when a city designates a building as "historic" and therefore restricting its development, it is not a "taking" of private property that requires just compensation under the Fifth Amendment. Since that time, historic preservation has proliferated in America's cities. But it's time for another look. Since Penn Central was decided, the facts and law of property regulation in the United States have changed. And the decision, which was wrong from an originalist perspective when it was decided, has …

Servant Leadership In Catholic Institutions Of Higher Education, Margaret M. Fitzpatrick

Journal of Vincentian Social Action

Catholic institutions of higher learning are charged with the formation of a significant number of privileged students, who received an advanced degree worldwide. All colleges and universities of Catholic identity, especially its presidents and leadership, would gain to reflect on servant leadership from a Vincentian perspective, What must be done? How must it be done? A Catholic college creates a faith-filled climate where the presence of the Spirit deepens the communion with the entire community, city, state, and beyond. A growing leadership philosophy is based on Greenleaf’s Servant Leadership, where the behaviors and practices emphasize the well-being of those being …

From Instability To Civil Liberties: Nonviolent Resistance In Afghanistan, Rachel L. Knowles

Master's Theses

When people have a fundamental issue at stake, giving in is not an option. For these types of conflict, when people’s rights are being violated, when their countries are occupied, or when they are oppressed and humiliated, they need a powerful way to persist and fight back. Oftentimes when people are left with no choice they will use the terrible and destructive nature of violence. For decades nonviolent resistance (NVR) movements have been associated with Gandhi and Martin Luther King, but people have been using nonviolent action for years. In fact, NVR has been a part of political life for …

Diverse Analyses Of Accounting: A Series Of Case Studies, Hannah Harris

Honors Theses

This thesis consists of a diverse variety of case studies surrounded accounting and accounting-related issues. The first five cases span a broad range of topics, such as 9/11 and COVID-19 and their effects on the accounting industry. The last five cases, which were completed as a team, provide an in-depth analysis of Goldman Sachs, mostly through the team’s study of their 2020 and 2021 financial statements. These cases provide an overview of the company and the team’s suggested improvements in each line of service—audit, tax, advisory, and risk advisory. Through these cases, I was provided a much deeper insight into …

Should Have Known Better? The Standard Of Knowledge For Command Responsibility In International Criminal Law, Roee Bloch

International Law Studies

The criminal doctrine of command responsibility has a rich legal history, which makes it a widely recognized, if unsettled, concept of international criminal law. This article focuses on a key element of command responsibility: the commander’s knowledge of a subordinate's crimes. This article argues that current customary law instructs to apply a standard of actual knowledge of the commander, rather than the lower standard of constructive knowledge. The article reaches this conclusion by observing the primary shaping factor of international law—State behavior. Through the example of six diverse legal systems, the article demonstrates how the approach of legislative, executive, and …

The Common-Law Roots Of Materiality Under The False Claims Act, Noah Matthew Rich

University of Cincinnati Law Review

No abstract provided.

Clark Memorandum: Spring 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Fidei Defensor: Defending Faith to Enable Communities of Reconciliation
• Conscience, Peacebuilding, and Faith-Based Law Schools
• Elvis Was Right: The Unavoidable Intersection Between Personal Values and a Fulfilling Practice of Law
• The Future of the Establishment Clause: Implications of Kennedy v. Bremerton School District

One Image, One Thousand Words? Discussing The Outer Limits Of Resorting To Visual Digital Evidence In Cases Involving International Crimes, Solon Solomon

Georgia Journal of International & Comparative Law

Visual digital evidence plays a cardinal role in international law, particularly when it comes to international criminal law and the documentation of international crimes. This Article argues that resorting to visual digital evidence in cases involving international crimes should take place with cognizance of the prejudicial bias that such pieces of evidence can exert. In that sense, echoing the general impact of digital evidence on international criminal law, as stressed in the Berkeley Protocol on Digital Open Source Investigations as well as the Leiden Guidelines on the Use of Digitally Derived Evidence, this Article discusses why international courts as well …

Thaler V. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), Matthew Messina

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Plaintiff's Problem: Constitutional Concerns With Service Of Process Under Alaska Rule Of Civil Procedure 4(D)(7)-(8), Casey Sawyer

William & Mary Bill of Rights Journal

Rule 4 of Alaska’s Rules of Civil Procedure prescribes how service of process must be completed for a civil lawsuit, much like Rule 4 of the Federal Rules of Civil Procedure. When filing suit against the State of Alaska or one of its agencies or officers, Alaska Civil Rule 4(d)(7)–(8) require that service of process be delivered to multiple locations. The plaintiff will usually have to serve the Attorney General’s office in the district of filing (either Anchorage or Fairbanks) and also must deliver service of process to the Attorney General’s office in Alaska’s capital city of Juneau. If they …

Serious Value, Prurient Appeal, And "Obscene" Books In The Hands Of Children, Todd E. Pettys

William & Mary Bill of Rights Journal

Controversy has erupted across the country concerning sexually explicit books that are available to children in bookstores, schools, and libraries. Many have called for tough enforcement of obscenity laws, with some saying librarians and schoolteachers who distribute certain books to children should face jail time. Using four controversial books as examples, this Article takes today’s book wars as an opportunity to achieve two things. First, the Article explains the narrow circumstances in which the First Amendment permits the government to block the distribution of books to children due to concerns about the books’ prurient appeal. The Article’s second aim is …

Florida Gun Laws Weaken: Another Setback For The Mass Shooting Generation, Riley Kendall

Barry Law Review

While gun control has been a topic of controversy in the United States for decades, one area that has seemed undebatable is the protection of children from gun violence in our Nation’s schools. The methods of achieving this end goal vary from state to state. Some states have continued the longstanding tradition of designating schools as “gun-free zones,” while others have employed armed security guards. Florida has chosen the latter option for its public and charter schools. However, the Florida Legislature has taken a dramatic deviation from this path that will negatively affect students attending private religious schools: it passed …

No Place To Go: How Chronic Nuisance Ordinances Violate The First Amendment, Erin Cassidy

Seton Hall Law Review

No abstract provided.

Behind The Scenes Of The 2021 Hollywood Labor Unrest, Kimberly Shely

Washington Journal of Law, Technology & Arts

In 2021, the Hollywood guild International Alliance of Theatrical Stage Employees (IATSE) negotiated a new contract with Alliance of Motion Picture and Television Producers (AMPTP). IATSE had enjoyed a relatively peaceful labor existence in its 128 years. However, after negotiations with AMPTP stalled in 2021, IATSE held a vote to strike. The IATSE voters authorized a strike if negotiations did not produce an agreement.

If IATSE had initiated a strike, productions would have effectively shut down. If Hollywood productions shut down, the industry would suffer millions in lost profits, employees would risk an unpaid strike, and viewers would likely see …

Regulating Rape Within The Virtual World, Chandler Horne

Lincoln Memorial University Law Review Archive

As virtual reality applications become more accessible to the general public, the opportunity for immoral user interactions has shifted from possible to probable. While although virtual reality applications have revolutionized the tech industry, they have also initiated an evolution of virtual crimes, such as virtual rape. Virtual rape refers to when a virtual user exploits their avatar to rape the avatar of another virtual user. When virtual rape occurs, user rapists are often left unpunished, and user victims are often left without recourse. This paper examines how rapes occurring within virtual reality applications can be adjudicated under real-world laws. Specifically, …

From Paper To Prison: How A Rapper's Bars Can Land Them Behind Bars, Sean Freeland

Lincoln Memorial University Law Review Archive

The United States judiciary has historically treated some criminal defendants worse than others. This paper seeks to shed light on the current shortcomings of the judiciary as it relates to lyricists. Specifically, prosecutors are targeting rap artists on trial for various crimes by seeking to admit their rap lyrics as propensity evidence. This paper is divided into three parts. First, it aims to examine a small aspect of free speech in America and points out its various problems. Further, this paper identifies a solution that should make admitting art as evidence more difficult for prosecutors; as such, the second part …

The Case Against Reason-Based Abortion Bans, Gray Sutton

University of Chicago Legal Forum

No abstract provided.