Digital Commons Network^™

Your Car Is Killing You: Reducing Traffic To Promote Healthy Communities, Andrew D. Levy

Health Matrix: The Journal of Law-Medicine

In the United States, cars contribute to a bevy of health problems, constituting a large cost to U.S. taxpayers who must subsidize the medical treatment that stems from them. This Note explores solutions to this health problem by attempting to minimize the number of cars in urban spaces. In particular, it looks at reworking statutory funding strategies for bicycle lanes, calls for using certain types of bicycle lanes that will lead to wider utilization, and advocates for rezoning urban areas to promote density.

Reconstruction And Repatriation Of Looted Cultural Heritage Property: Ownership Mechanism, Yichi Zhang

School of Public Policy Capstones

The frequent foreign invasions and widespread social instability during World War II led to the displacement and loss of countless cultural relics across borders. Many of these artifacts ended up in countries with limited historical and cultural ties to them, resulting in a lack of intrinsic understanding and root connection to their origins. This root disconnection often represents the recipient nations viewing these artifacts through a lens of ownership rather than heritage, perceiving them as property or commodities instead as invaluable representations of ancient civilizations (Boz, 2023). The commodification approach fueled the illicit trade and trafficking of cultural property but …

A Benefit For The Masses: A Practical Look On How West Virginia, Rural America, And The United States Can Benefit From Statutory Horizontal Well Pooling, Leading To Increased Energy Production And Security, Garrett M. Spiker

West Virginia Law Review

No abstract provided.

What’S Past Is Prologue: The Effects Of Shelby County V. Holder In Georgia, Jane Delworth

SLU Law Journal Online

The Supreme Court’s decision in Shelby County v. Holder, which struck down Section 4 and, by extension, Section 5 of the Voting Rights Act, created a clear path for discriminatory voting laws to take hold. This article explores how the Supreme Court decision paved the way for second-generation barriers to voting, which legally diminish the influence of minority voters and in some cases, effectively block their participation altogether. It also examines Georgia’s role as a key state advancing these second-generation barriers to voting, alongside proposed legislation aimed at preventing these discriminatory practices before they can impact voters.

From Data To Decisions: Safeguarding Athletes In The Age Of Ai, Nathan Elmer

SLU Law Journal Online

Artificial intelligence (AI) and data analytics are transforming professional sports by enhancing player performance, injury prevention, and scouting. However, the rapid adoption of AI raises significant concerns about data privacy, ownership, and decision-making biases that affect athletes. While collective bargaining agreements in major sports leagues provide some protections, they fail to address the complexities of AI-driven data collection and processing. The United States should adopt a regulatory framework similar to the European Union’s General Data Protection Regulation (GDPR) to safeguard athletes’ personal data. Implementing explicit consent requirements, addressing power imbalances, and ensuring transparency in AI decision-making would protect athletes while …

Amendment 7 Ballot Candy And The Single Subject Rule: How The Legislative Supermajority Amended The State Constitution To Limit Voter Choice, Joshua A. Jones

SLU Law Journal Online

During the most recent general election, Missouri voters passed Amendment 7, a legislative ballot measure which erected bulwarks around an election process that limits voter choice. This article will discuss some of Missouri’s constitutional protections against deceptive ballot provision packages, specifically the single subject rule, as well as why they necessarily fall short of total efficacy. It does not argue for a more stringent application of the rules, because doing so would have implications for one of Missourians’ most powerful tools of direct democracy. The paper will examine Amendment 7 for its use of “ballot candy” that legislators successfully dangled …

Government-Backed Insurance For Artificial Intelligence Technologies, Renee Henson

Faculty Publications

Artificial intelligence (AI) is an unpredictable technology that has the capacity to both help and harm people. Although insurance plays a key role in compensating for harms in other contexts, AI-produced damages evade traditional principles of risk pricing which limits viable commercial insurance coverage. AI requires modified insurance systems that can compensate diverse and unpredictable losses. Just like AI, at one time nuclear energy was viewed as a new and profitable, yet wholly unpredictable, technology that had the capacity to cause devastating harm. AI poses similar threats to society in certain domains, including, for example, health care (e.g., risk management …

The Soulful Lawyer: Jungian Practices For Legal Professionals, Luis Chiesa

Buffalo Law Review

The legal profession faces a profound crisis of meaning, with lawyers experiencing some of the highest rates of depression, anxiety, and substance abuse of any profession. While techniques like mindfulness meditation have gained traction as tools to address lawyer well-being, they often fall short of fostering the deeper sense of purpose and fulfillment that so many legal professionals seek. This Article explores how Jungian depth psychology and contemplative practices can address the root causes of dissatisfaction, or “dukkha,” within the legal profession. Drawing from Carl Jung’s concepts of persona, shadow, and collective unconscious, it examines how lawyers can unmask their …

Prophetic Prosperity: Unveiling The Next Frontier Of Socially Responsible & Sustainable Investing, Alyssa Carbone

Buffalo Law Review

Islamic finance, poised for a significant rise in prominence, stands uniquely at the intersection of religious adherence and modern financial systems. With Islam projected to overtake Christianity as the dominant world religion by 20501 and Muslims constituting the fastestgrowing religious group, expected to reach a global population of nearly 3 billion adherents in 20602, the demand for financial products aligned with the values of Islam is set to soar. Accordingly, Islamic finance, specifically Islamic capital markets, has strong projections of growth, even amidst economic instability in traditional Western financial markets.3 Yet, despite its promising outlook, Islamic finance remains largely unfamiliar …

Magna Carta And The Origins Of Legislative Power, Matthew Steilen

Buffalo Law Review

No abstract provided.

Borrowing As Realization: Taxing Billionaires' Unlocked Gains, David G. Chamberlain

Buffalo Law Review

Should billionaires be able to live large by borrowing against appreciated assets? By holding and not selling the appreciated assets, billionaires pay no taxes on the wealth unlocked through the borrowing. This feat is accomplished by relying on the interplay of two fundamental principles of the U.S. federal income tax system. First is the principle of “realization.” Whether or not this principle has a constitutional foundation, which is hotly debated, the current tax system requires that, except in very limited circumstances, a gain is taxed only if it is “realized” through a sale, exchange, or other disposition of the asset. …

Editor-In-Chief’S Foreword, Megan Stupi

UC Law Constitutional Quarterly

No abstract provided.

Generative Privacy Doctrine: The Case For A New Legal Privacy Framework For Gen^Ai, Karina Devi Etminani

UC Law Constitutional Quarterly

From quills to queries, from secrets once scrawled in private to personal prompts on glowing screens, debates over privacy rights endure. Generative Artificial Intelligence (GenAI) further confounds by conflating confession with code, and intimate thoughts with algorithms. Although technologists have predicted AI’s ascent before, and have critically assessed privacy rights for decades, the unprecedented engagement with GenAI following OpenAI’s public launch of ChatGPT marks a distinct moment— one where a generation of rights holders actively builds and converses with emerging platforms while the law strains to keep pace.

Existing privacy doctrines are ill-prepared for GenAI’s dynamic data processing and its …

Murder On The Plains: The Murdock Farmhouse Slayings, Tatum L. Sander

SACAD: Scholarly Activities

On April 17, 2006, Wayne and Sharmon Stock were murdered in Murdock, Nebraska, shocking the community. The investigation was complicated by wrongful arrests and mishandled evidence. Initially, Matthew Livers, the victims’ nephew, and his cousin Nicholas Sampson were wrongfully accused after Livers gave a false confession during an 11-hour interrogation. There was no physical evidence linking them to the crime, and the case relied on a fabricated blood sample. However, forensic evidence later revealed that the real killers were Jessica Reid and Gregory Fester, two teenagers from Wisconsin. Livers' confession was deemed unreliable due to his low IQ and the …

From Murphy To The Seminole Compact: California’S Pathways To Sports Betting Legalization Without A Constitutional Amendment, Makenalani “Roo” Cash

UC Law SF Communications and Entertainment Journal

No abstract provided.

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Replicating Reality: Is Trademark Use In The Metaverse Commercial Or Expressive?, Vito Quaglia

UC Law SF Communications and Entertainment Journal

This Note will examine how trademark law should be applied to emerging digital spaces known as metaverses, which can function as both new-age video games and digital marketplaces. The Note will first explain the concept of the metaverse. Next, it will lay out the current landscape of trademark law as it is applied to marks in artistic works, including First Amendment protections for artistic relevance. Then, the Note will illustrate trademark infringement lawsuits dealing with fashion and digital media. Following that, this Note will detail how trademark law is applied to video games, especially in cases involving artistic expression. The …

Long Live The Good King: Arthur’S Niebuhrian Kingship And Pursuit Of Justice In The Once And Future King, Camille Bewley

Harding Undergraduate Research Conference

The classic The Once and Future King, written by T.H. White, is a selection of four fantasy novels with one, linear plot: the story of Arthur, the mythological King of England. Reinhold Niebuhr’s book Moral Man and Immoral Society details the Christian realism of a world in need of justice without the ability to achieve perfect application. Through good education, Arthur is well endowed with Niebuhr’s requirements for a functional society: knowledge, honor, wisdom, and compassion. Such king-like qualities make him one of the most influential mythological characters in history, and a grand exemplar for maintaining ethical goals and personal …

Front Matter

West Virginia Law Review

No abstract provided.

Table Of Contents

West Virginia Law Review

No abstract provided.

Masthead Volume 127, Issue 2

West Virginia Law Review

No abstract provided.

Theorizing The Point-Of-Order Interpretive Canons, Chun Hin Jeffrey Tsoi

West Virginia Law Review

In Law Within Congress, Jonathan Gould suggested that rulings of the House or Senate chair under the advice of their respective parliamentarians might inform statutory interpretation. This Article fleshes out the theoretical foundations of that approach. While such approach is much narrower than the broad reliance on Congress’s rules by other theorists of the “process-based” school, it also comes with strong theoretical justifications and advantages that set it apart. Part I illustrates the broad appeal of “process-based” theories by showing that even textualists have strong theoretical reasons to endorse them. Part II then surveys the theoretical advantages specific to the …

Generative Artificial Intelligence In Hollywood: The Turbulent Future That Lies Ahead, Zachary T. Young

West Virginia Law Review

Since the dawn of time, the human race has used some form of technology to assist their unwavering dedication to push society forward. From the first stone tool to the first computer, some sort of regulation controlled their usage, ranging from government regulations to industry standards. When artificial intelligence (“AI”) entered the arena of technology, regulatory bodies froze at the daunting task of controlling such a powerful tool. Across almost every industry, artificial intelligence has found its home in various work functions. Generative artificial intelligence has furthered the complexity that stems from regulating a new, and never before seen technology. …

Privatized Medicaid: An Incentivized System Of Constant Denials, Hannah R. Courtney

West Virginia Law Review

The Medicaid Program was created to fill the gap of what private insurance would not do—provide vulnerable populations with meaningful access to quality health care—but now it has been thrown into the pitfalls of private insurance. Over the last two decades, there has been a significant rise in states contracting with private Managed Care Organizations (“MCOs”) to provide services to a percentage of their Medicaid enrollees. MCOs now make decisions each year to approve or deny millions of requests for Medicaid coverage of health care services using prior authorization. Until now, the criticisms and fears surrounding privatized Medicaid have largely …

The Public Utility Regulation Of Dollar General, Olivia R. Sokos

West Virginia Law Review

As food insecurity persists across the country, few solutions have been proposed to address the lack of access to healthy food in rural regions. This Note explores whether public utilities regulation is a theoretical avenue for addressing rural food deserts. The contribution of this Note is to encourage the recognition of healthy food as a critical public good through a modern public utility lens and build solutions to inadequate food access in rural regions by considering the qualities unique to rural populations. One solution proposed herein is to apply a modern public utility framework to dollar stores, ensuring reliable and …

Front Matter

West Virginia Law Review

No abstract provided.

Stars, Stripes, And Pills: The Stock Narratives That Blind, Michelle Wilde Anderson

West Virginia Law Review

No abstract provided.

Five Prairie Reflections On Reviving Rural America, Hannah Haksgaard, Sean Kammer, Travis L. Letellier

West Virginia Law Review

This Essay offers five reflections on Ann E. Eisenberg’s book Reviving Rural America: Toward Policies for Resilience. Each reflection approaches the book from the positionality of writing from rural America, specifically the prairies of South Dakota. Collectively, the reflections cover the politics of voting in a red rural state, policies of local municipal government, the central economic principles in the book, the presence of energy production in rural America, and environmentalism’s relevancy and impact.

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Liability For Ai Agents, Maarten Herbosch

North Carolina Journal of Law & Technology

No abstract provided.