Digital Commons Network^™

The Treatment Of Digital Assets In Insolvency, Nydia Remolina Leon, Aurelio Gurrea-Martinez, Daniel Liu

Research Collection Yong Pung How School Of Law

This article provides a comprehensive analysis of the treatment of digital assets in insolvency. Given that cryptoassets can be the subject of various transactions—including purchase, sale, custody, and lending—understanding their nature and implications in insolvency is relevant for any firm, not just cryptoexchanges. The article begins by offering a general overview of the world of cryptoassets. It then examines the nature of cryptoassets from accounting, financial, and legal perspectives. While much of the literature on insolvency and cryptoassets has primarily focused on the analysis of whether cryptocurrencies constitute property of the estate, this article explores additional issues, such as the …

Sex Buying, Sex Trafficking, And Organized Crime: Introduction To A Special Issue, Marcel Van Der Watt, John A. Winterdyk

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Disrupting Transnational Human Trafficking Networks: A Practitioner's Perspective On Intelligence-Driven, Offender-Focused Strategies, Rochelle Keyhan

Dignity: A Journal of Analysis of Exploitation and Violence

This article examines human trafficking through the lens of organized crime and explores how this perspective can be applied to contemporary trafficking cases in the United States. While trafficking is often prosecuted as an isolated criminal act, many incidents are linked to larger transnational and domestic organized crime networks. The discussion highlights the activities of notorious syndicates, including international cartels, street gangs, and well-funded networks of sex buyers, demonstrating how these entities exploit vulnerable populations for profit. Reframing human trafficking as a sector within organized crime shifts investigative and prosecutorial strategies away from victim-dependent models, which often require survivors to …

The Confluence Of Conflict-Induced Vulnerability, Organized Crime, And Sex Trafficking In Receiving States: A South African Civil Society Perspective, Monique Emser

Dignity: A Journal of Analysis of Exploitation and Violence

The crime-conflict nexus has been well-documented in conflict-affected and post-conflict states. Criminal networks make use of manifold methods and strategies to exploit individual and structural vulnerabilities, particularly those affected by war, displacement, and precarious migration journeys, forming the backbone of most conflict-induced trafficking ecosystems, whether in countries of origin, transit, or receipt. This article examines the intersection of sex trafficking, diaspora communities, and organized crime within South Africa as a receiving state from a civil society perspective. It underscores the deficiencies in traditional, reductionist, enforcement-based approaches to counter-trafficking by the state, where nested subsystems, such as those produced by endemic …

Behind The Screen: Online Sex Buyer Networks And The Organized Criminal Promotion Of Exploitation, Ava Kamdem, Vanessa Bouché, Ben Silver, Nick Freeman, Justin Euteneier

Dignity: A Journal of Analysis of Exploitation and Violence

This study investigates the extent to which online sex buyer communities in the United States function as organized criminal networks pursuant to the United Nations Convention against Transnational Organized Crime’s definition of organized criminal groups. Drawing from theories of organized crime, social network analysis, and digital ecosystems, we conceptualize sex buyers not as isolated actors but as participants in coordinated, mutually reinforcing networks that share information to facilitate exploitation, mitigate risk, and sustain criminal behavior. To test this framework, we scraped over 1.2 million posts from a publicly accessible sex buyer forum, comprising 72,974 unique users and nearly 800,000 direct …

Race, Sex, And Age Disparities In Homicide Clearance Rates In Tennessee: An Intersectional Approach, Teliyah Cobb

Electronic Theses and Dissertations

Demographic factors can influence homicide solvability. This study examines the relationship between victim characteristics and homicide clearance rates in Tennessee from 2001 to 2023. Using an intersectional approach, it assesses whether victim characteristics both individually and in combination are related to case solvability. Variables of interest include: (1) victim race, age range, and sex; (2) year the case was reported; (3) crime type; (4) whether the case was cleared; and (5) the circumstances leading to clearance. A total of 11,534 homicide cases from the Tennessee Incident-Based Reporting System were analyzed.

Findings indicate that individual victim characteristics do not significantly predict …

Dentistry And The Law: Is A Lake Of Understanding Of Billing Procedures Fraud?, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal column addresses whether improper dental billing resulting from misunderstanding plan requirements constitutes fraud. The author explains the legal elements necessary to establish fraud, including knowledge, intent, and damages. The article distinguishes billing errors and contract violations from fraudulent conduct and encourages dentists to review participation agreements and billing policies to minimize compliance risks.

The Invisible Work: On Expertise, Showmanship, And The Trust That Makes Surgery Work, Anish Gupta D.D.S.

The Journal of the Michigan Dental Association

This commentary examines how clinicians can make their expertise more visible to patients through communication, education, and clinical narration. Drawing parallels to surgical checklists and professional mastery, the author argues that trust is built not only through excellent outcomes but also through helping patients understand the complexity and judgment behind treatment. The article emphasizes communication, transparency, education, and mentorship as important elements of patient-centered care.

Technological Competence And Generative Artificial Intelligence: Canadian Law Students’ Understanding And Use In Legal Education And Legal Practice, Hannah Rosborough

Reports & Public Policy Documents

This report presents results from a national survey examining Canadian JD students' and recent graduates' understanding of technological competence and their use of generative artificial intelligence in legal education and legal practice.

The survey collected responses from 631 students and recent graduates across Canadian law schools between November 2025 and January 2026, combining closed-ended questions with thematic analysis of open-ended responses. The survey addressed how students understand the duty of technological competence under the Model Code, how they use generative AI in coursework and legal workplaces, their confidence in the accuracy of these tools, the guidance and training they receive, …

Confronting Founding Injustices: Reconstructive Constitutional Adjudication And Constitutional Legitimacy In Postcolonial States, Mutasim Abuzeid

International Studies (MA) Theses

Why do some postcolonial constitutions achieve higher constitutional legitimacy than others? Across the Global South, constitutions have proliferated while legitimacy remains uneven and contested. Existing scholarship explains variation in constitutional legitimacy in postcolonial states through three dominant paradigms. Institutionalist theories equate legitimacy with procedural design and endurance, presuming that stable institutions generate compliance and, over time, diffuse support. Transformative constitutionalism locates legitimacy in social justice, emphasizing judicial doctrines such as proportionality and reasonableness to advance equality and material inclusion. Transitional justice approaches, by contrast, locate moral repair largely outside constitutional law—through truth commissions, reparations, and memory projects—often leaving the constitutional …

Law Enforcement With Rent Dissipation, Murat C. Mungan, J. Shahar Dillbary

Faculty Scholarship

We consider a framework which brings together losses arising from rent-dissipation and the workhorse model of law enforcement. Governmental actors engage in a contest to share the proceeds from the enforcement of the law through monetary fines, which leads to rent-dissipation. This causes monetary sanctions to be costly, rendering the model used for studying nonmonetary sanctions a better fit for their analysis. The effect of rent-dissipation on optimal sanctions is directly related to the sanction elasticity of offenses measured at the classic optimum (i.e., where the expected sanction equals the direct harm from the offense). When offenses are inelastic, the …

Constitutional Drafting Processes And Constitutional Success, Adam Chilton, Murat C. Mungan, Mila Versteeg

Faculty Scholarship

Several recent constitution-making processes have been celebrated for being participatory, inclusive, and representative. However, many of these processes also failed. We theorize that aspects of these kinds of constitutional drafting processes could reduce the probability of constitutional success. To show why, we construct a “Constitution Drafting game” (CD game) in which representatives from different interest groups must draft a constitution. We consider the case where the probability of constitutional success is single peaked, but the value from successful adoption is increasing in the degree of issue protection chosen. The drafting process then leads to protection choices that are above those …

From Understanding To Production: A Qualitative Case Study Of Instructional Alignment And Bar Examination Readiness At One Law School, Mackenzie E. Gray

Education (PhD) Dissertations

Many law students who understand the law struggle to produce it under examination conditions.This qualitative case study examined how instruction in three settings at one ABA-accredited law school (first-year doctrinal, upper-division doctrinal, and for-credit bar preparation courses) shaped students’ perceptions of their readiness for the California Bar Examination. Grounded in metacognitive transfer theory, the study drew on 18 classroom observations across six courses, semi-structured interviews with seven students and four professors, and a simulated bar examination scored against a criterion-referenced rubric, all collected during the Spring 2026 semester. Interview data were analyzed through codebook thematic analysis. Five themes resulted. Students …

Machine Learning For Predictive Energy And Emissions Modeling Of Vehicles And Power Grids In The United States, S M Tanvir Faysal Alam Chowdhoury

Dissertations

The environmental benefits of electric vehicle (EV) adoption depend on more than replacing internal combustion engine vehicles with electric powertrains. EV adoption reshapes electricity demand, interacts with regional generation mixes, and influences travel behavior and congestion, creating a coupled transportation-energy system in which vehicle and power-plant emissions must be evaluated together. This dissertation develops machine-learning frameworks for predicting energy consumption and emissions from vehicles and power grids under rising EV adoption. The first component forecasts grid emissions from EV charging. Using simulation data from NREL's Cambium database, a Prophet-based time-series framework predicts carbon dioxide, nitrous oxide, and methane emission rates …

From Open Banking To Banking-As-A-Service: Regulatory Challenges In The Evolution Of Financial Intermediation, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

Over the past decade, financial innovation has moved from open banking, centred on consumer-permissioned data sharing, to banking-as-a-service (BaaS), which modularizes core banking functions through application programming interfaces. This shift allows fintechs and non-financial platforms to embed financial products seamlessly, reducing transaction costs and fostering innovation. Yet the 2024 collapse of Synapse in the United States exposed the fragility of this model when intermediaries operate outside robust oversight, leaving consumers without recourse and revealing liability fragmentation and regulatory blind spots. This paper distinguishes BaaS from open banking, open finance, and embedded finance, and maps leading global models—from bank-led infrastructures to …

The Supreme Court And The Constitution, Tom Rozinski

Open Touro Created

2026

The Supreme Court and the Constitution is a casebook for undergraduate students who want to earn about the Constitutional structure of the US government. Since the Supreme Court is responsible for interpreting the Constitution, the book begins with a history of the Court before examining the processes and methods it uses to decide cases. There is also a unit on the development of judicial review and the limitations on the scope of the Court’s actions. One major unit examines the powers of the president in both foreign and domestic affairs, and includes a section on presidential immunities. Another major …

De-Centering And Re-Centering Digital Scholarship, Ten Years On, Matthew Hunter, Aaron Retteen, Micah Vandegrift

Faculty Scholarship

Ten years after the publication of a manifesto attempting to describe what digital scholarship could do for and within libraries, some of the original authors reflect on the progress of the call-to-action. This article describes areas in which the integration of digital scholarship activities as core parts of librarianship has and has not become commonplace and traces larger-scale developments in the academy and global knowledge landscape that have contributed to the accuracy of the predictions made in 2017.

Trademarks, Functionality, And Competition, Glynn Lunney

Faculty Scholarship

Courts and commentators have long thought that the purpose of trademark and unfair competition law is to distinguish fair competition from unfair competition and prohibit the latter. Yet, trademark law has a more fundamental, more foundational purpose. Before trademark law can distinguish fair competition from unfair competition, there must first be competition. That makes ensuring competition trademark law’s highest priority. Identifying and prohibiting unfair competition becomes, by necessity, a subordinate concern. Until 1982, courts recognized this hierarchy and enforced a broad and flexible functionality limitation on trademark or trade dress protection to ensure competitive markets. In 1982, however, this changed. …

Socially-Minded Investors And Corporate Behavior, Merritt B. Fox, Menesh S. Patel

Faculty Scholarship

Many equity investors are concerned with the world’s worsening social and environmental problems and are losing faith in the capacity of political institutions to respond. Corporate behavior is often contributing to these problems. Some investors, at least if fully informed as to costs and benefits involved, would favor corrective changes to corporate behavior even where that would lessen their investment returns. Two important questions arise: (1) given existing law, are such willing-to-sacrifice equity investors currently affecting firm behavior; and (2) should there be legal reform that makes firms more sensitive to these willing-to-sacrifice investors’ preferences? This Article seeks to answer …

Validating Valuation: How Statistical Learning Can Cabin Expert Discretion In Valuation Disputes, Andrew C. Baker, Jonah B. Gelbach, Eric L. Talley

Faculty Scholarship

This article challenges conventional methods used in financial valuation across transactional and litigation domains. We show that conventional valuation methods allow for considerable discretion, making it possible for each side’s experts to submit dramatically varying valuations simply by choosing among facially reasonable values of parameters that must be selected to carry out conventional valuations. We use large-scale empirical simulations powered by real-world data to demonstrate the scope of such discretion. We next consider several alternatives based on data-driven machine learning approaches, and show that they offer both approximately unbiased estimates of valuation and substantially reduced variability in valuation results. Consequently, …

Piracy, Terrorism, And The Law: Differential Equations In Hostage Situations, Gabriel Hallevy

Journal of Humanistic Mathematics

Pirates have taken the crew of an American ship hostage. They promise to release the hostages only if another pirate who is held in an American prison for commission of piracy crimes against American citizens, is released. Should the U.S. government enter into negotiations with them? Should they send armed forces and risk the hostages? Should they release the prisoner immediately and unconditionally? The article models and analyzes possible policies regarding sensitive situations involving hostages and other related risks using differential equations. The solutions are surprisingly simple, but not necessarily intuitive. Our analysis aims to demonstrate how powerful mathematics is …

Religion And Judicial Jurisdiction Conflicts In Personal Status & Inheritance Affairs, Manal Ahmad Shebaro

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

In light of the philosophy underlying the Lebanese legal system, which is based on accommodating the multiplicity of personal status laws; specifically the family system for individuals in relation to marriage, parenthood, and related matters, according to the different sects and recognized religious denominations, which form an exception to the general legal system known as civil law, the general rule governing other relationships; the study aims to analyze the impact of religion on determining judicial jurisdiction in international and internal relations related to inheritance and personal status affairs.

The objective of this study is as follows:

•             To shed light …

Cyberattacks And The Challenges Of Applying International Humanitarian Law: An Analytical Study In Traditional Rules And Diplomatic Solutions, Mohamed Ibrahim Abdelnabi

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This paper examines the inadequacy of the current legal framework of international humanitarian law in protecting civilians from the risks of cyberattacks, and analyzes the devastating humanitarian impacts of communications shutdowns and digital attacks on critical infrastructure such as hospitals. The research concludes that legal frameworks need to be modernized, international cooperation strengthened, and effective international accountability mechanisms developed to bridge the protection gap that exists in the digital age and ensure that perpetrators of these violations do not go unpunished.

Acts Of Sovereignty In Light Of Administrative And Constitutional Juisprudence In Palestine, Osayd Awawda, Bassam Qawasmeh

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This paper examines the concept of acts of sovereignty within the Palestinian legal system by analyzing its application in administrative and constitutional adjudication, particularly in cases arising from the 2021 presidential decree postponing the general elections. The paper presents the arguments advanced by the parties before the administrative courts and the Supreme Constitutional Court, and evaluates the extent to which the judicial rulings align with constitutional principles, especially the right to litigation and the right to political participation, including voting and candidacy. The paper also discusses the theoretical and practical foundations for excluding acts of sovereignty from judicial review, and …

Al Shura In Light Of The Concept Of Reality, A Historical, Jurisprudence And Legal Study, Fawzi Adham

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This research undertakes an in-depth study of the concept of Shura (Consultation) in Islam from historical, jurisprudential and legal perspectives. It begins by reviewing the concept itself, starting with a realistic understanding of it. This involves defining Shura in its current form, presenting the views of Islamic jurists on the matter, highlighting the methodological flaws in the current understanding, and offering a corrective approach to the pre-Islamic tribal view of Shura. The research also distinguishes between Shura and the concept of Mashurah. Furthermore, it presents the political concept of Shura based on the era of Caliphs Alrashidin, the Umayyad and …

Mediation As A Mechanism For Resolving Family Disputes In Lebanon: An Analytical Study Of Current Practice And Development Prospects, Amer El Masry

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This study examines the effectiveness of mediation as a mechanism for resolving family disputes in Lebanon, with a particular focus on the gap between the legal framework governing mediation and its practical application. The research addresses the extent to which mediation, in its judicial and consensual forms, can provide effective and fair solutions to family disputes within a legal system characterized by multiple personal status laws, diverse judicial authorities, and the absence of a specialized framework for family mediation. It further explores challenges related to the protection of vulnerable parties, the balance of power between disputants, institutional integration, and public …

The State’S Responsibility To Prevent And Investigate Violations Of The Right To Life In The Beirut Port Explosion, Ali Wehbi Dib

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

The right to life is recognised in International Human Rights Law (IHRL) as the "supreme right." It is considered a jus cogens norm, fundamental for both individuals and society as a whole. IHRL provides a general guarantee of the right to life. To effectively protect it, the state must take all feasible measures to prevent violations of the right to life and to respond to them. This includes investigating incidents and, when appropriate, prosecuting and punishing those responsible.

The Beirut Port explosion on 4 August 2020 was one of the most powerful non-nuclear explosions in history. It resulted in the …

From Minimum To Meaningful: A Use Of Force Training Regimen For Rural Police Departments, Joseph Corley

Dissertations, Theses, and Projects

This paper examines how small and rural law enforcement agencies can improve use of force training despite limited staffing, budgets, and training opportunities. Current Minnesota POST Board minimum standards establish baseline requirements but allow significant variation in how agencies develop and deliver training, contributing to inconsistent officer preparedness and skill retention. Drawing on current research in police training, motor skill retention, and scenario based learning, this paper argues that infrequent, skills based training is insufficient for preparing officers to manage dynamic, high risk encounters. The paper proposes an evidence based training regimen centered on two department led use of force …

Ethics Under Siege: The Conflict In Tigray Through The Lens Of Just War Theory, Daniela Widya Purba

Journal of Strategic and Global Studies

This research article explains the ethical principles of the conflict in Tigray based on the Just War Theory. By using the descriptive qualitative methodology, this research article draws data from secondary sources which includes; academic journals, news reports, as well as international legal instruments to analyze the moral trajectory of the conflict. This research begins with jus ad bellum, to assess Ethiopia’s government justification in declaring conflict within Tigray. While the government fulfilled the criteria of just cause and legitimate authority, the question stands on the ambiguous political intentions and the failure to enact peaceful alternatives before resulting in waging …

Cardozo Law News Brief: July 31, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the July 10, 2026 Cardozo Law News Brief include:

• Interim Dean of Students Francesca Acocella received the National Association of Law Student Affairs Professionals’ (NALSAP) Core Four Award in recognition of her outstanding contributions to law student affairs.
• Professor Jessica Roth spoke to Bloomberg about the Supreme Court’s Cook, Slaughter, and birthright citizenship decisions, discussing their implications for the Fourteenth Amendment.
• Professor Michael Pollack was quoted in Bloomberg about the legal history of sidewalks and responsibilities for their maintenance, and also appeared on CNN to discuss a viral story about community sidewalk construction.
• Adjunct Professor Gary …