Digital Commons Network^™

Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh

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A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …

Artificial Ignorance: Understanding The Role Of Ai In Modern Agnotology, Amit Ray, Michael Nolan

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This paper explores the concept of agnotology, the deliberate production of ignorance, within the context of modern scientific endeavors, particularly in the corporate and technological sectors. It examines how industries use various tactics to manipulate public understanding of scientific issues, often to protect profits and limit liability. The rise of private sector funding and the increasing reliance on technologies like AI and machine learning have exacerbated this process by making scientific inquiry more opaque and less accountable. Ultimately, we argue that as knowledge production becomes more entangled with corporate interests and technological systems, traditional methods of oversight and regulation are …

Pierce County Juvenile Justice Assessment, Alya Azman, Kathryn Cunningham, Anna Duncan, David M. N. Garavito, Noah Gubner, Jean Hernandez, Robyn Metcalfe, Rachel Porter, Santiago Pedraza Arenas, Meli Sameh, Sarah Cusworth Walker

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Following a 2024 County Council request, the Pierce County Performance Audit Committee contracted with the CoLab for Community and Behavioral Health Policy at the University of Washington to conduct an audit of the county’s juvenile justice system against national and research best practice. The assessment is intended to guide future county investments in preventing and responding to youth crime, particularly youth violence, and to inform current policy discussions around the need to invest significant county funds into a renovation or reenvisioning of the current Juvenile Justice Court and Detention Center (Remann Hall).

Comparing Conventional And Alternative Mechanisms Of Discovering And Accessing The Scientific Literature, William H. Walters

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This study compares the bibliographic and full-text coverage of 15 conventional and alternative discovery/access mechanisms: two multidisciplinary library databases (Scopus and the Web of Science Core Collection), five single-subject databases, the integrated library search (ILS) mechanism of Manhattan University, a scholarly search engine (Google Scholar), two web-based scholarly databases (Dimensions and OpenAlex), two academic social networks (Academia.edu and ResearchGate), and two pirate sites (Anna’s Archive and Sci-Hub). The analysis is based on known-item searches for 875 target documents in chemistry, materials science, cardiology, public health, economics, education, and psychology. Overall, Google Scholar, OpenAlex, and the ILS are the most comprehensive …

What's The Matter With Lozada: How The Board Of Immigration Appeals Coerces Immigration Lawyers To Breach Legal Ethics, Kari E. Hong

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In general, if an attorney makes a mistake, they can cure it by notifying the forum and filing the appropriate remedy. Immigration law, by contrast, stands alone by requiring the client (or a new attorney) to corroborate any mistake by filing a bar complaint against the first attorney. This requirement was established in a 1988 case, called Matter of Lozada. Much has been written on how the Lozada rule is unnecessary (a mistake does not need to be corroborated by a bar complaint and state bars are complaining about a deluge of unnecessary complaints for negligence) and harms the immigration …

Immigration Federalism In The Second Trump Administration, Stella Burch Elias

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This Article explores the ongoing transformation of state and local engagement in immigration-related rulemaking in the United States during the Second Trump Administration. The Article examines the myriad ways in which federal executive actions and state responses to those actions, alongside independent state actions and the federal government’s responses to those actions, are upending longestablished immigration law doctrines and shifting the borders of American federalism. The Article discusses legal scholars’ previous understanding of immigration federalism, embodied in United States v. Arizona, and the prior distinctions between permissible “alienage” laws and impermissible “immigration” laws, which could not be introduced by state …

Executive Clemency And Immigration Federalism: Reconsidering Presidential Power Over Deportation, Linus Chan, Lauren Butler, Emma Wittmer

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No abstract provided.

Property Values: Accounting For Racial Valorization And Stigmatization In Development, Audrey G. Mcfarlane

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No abstract provided.

Taxing Litigation Finance, Young Ran (Christine) Kim

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The emerging litigation finance industry has the capacity to expand access to justice but also raises important legal and ethical questions. Although much has been said about the industry’s potential to increase frivolous lawsuits and permit improper control over a claim by the funders, scholarly discussion on the proper tax treatment of the parties involved has fallen by the wayside. The problem arises in classifying litigation finance contracts as either a nonrecourse loan, immediate sale, or variable prepaid forward contract, all of which discretely impact the timing and character of income. Unfortunately, courts have traditionally found it difficult to draw …

The Improvement Regime: Public Trusts, Real Estates, And India’S Urban Futurities, Anwesha Ghosh

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Over the last two decades, since scholarly writing on India witnessed an “urban turn,” numerous historians have analyzed the role of the improvement trust in the redevelopment of Indian cities in the twentieth century, most specifically those of Bombay, Calcutta, and Delhi. This paper revisits and reassesses some of their key arguments to suggest that rather than studying the “failures” of the individual trusts to foster sanitary built environments, we should pay attention to the contingent workings of the city trusts that were constitutively designed for such failures. Using a comparative analysis of the Bombay and Calcutta improvement trusts, this …

Lost And Found: The Forgotten Origins Of The “Cruel And Unusual Punishments” Prohibition, John D. Bessler

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The U.S. Supreme Court and legal scholars have long traced the origins of the Eighth Amendment’s prohibition against “cruel and unusual punishments” to the English Declaration of Rights, codified as the English Bill of Rights (1689). The English Declaration of Rights recited that, in King James II’s reign, “illegal and cruel punishments” had been “inflicted,” with its tenth clause then declaring in hortatory fashion: “That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The prohibitions against excessive bail and excessive fines and the final phrase—“nor cruel and unusual punishments inflicted”—were later …

Winning The Battle, Losing The War: Rahimi, Women, And The Supreme Court, Dana Raigrodski

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Domestic violence and DV-related firearm use are a grave and persistent issue in the United States and have an extensive harmful and deadly impact in the lives of many women. In its 2024 Rahimi decision, the United States Supreme Court held that, as applied to the facts of the case, 18 U.S.C. § 922(g)(8), which bans firearms possession by those subject to a DV protective order, is facially constitutional under the Second Amendment. The Court upheld § 922(g)(8) under Bruen’s “Nation’s historical tradition of firearm regulations” test, finding that founding era laws included provisions preventing individuals who threaten physical harm …

The Ai Input Class: Constitutional Urgency And Fair Licensing In Ai Copyright Class Actions, Xuan-Thao Nguyen, Elizabeth G. Porter

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The humanities have long been under attack; now Big Tech is eating them for breakfast. Artificial Intelligence is undermining the cultural and constitutional values of human creativity; it is also threatening the livelihoods of the creative working class. Because neither Congress nor regulators can keep pace with AI’s pace of change, class actions have stepped into the breach. In the first wave of such litigation, authors and artists in courts on both coasts claim that AI companies violate intellectual property law when they “train” their systems on copyrighted works.

This Article analyzes what we call “input” AI claims—that is, proposed …

Refractive Error And Axial Length (Real) Study: Feasibility Of A Population Study In The United States, Sarah E. Singh Dr, Lisa A. Ostrin, Kristen Kerber Dr, Concepcion Cayle, Celia Gong Dr, Lal Barsha Dr, Ian Flitcroft, Síofra Harrington, James Loughman, Kathryn Saunders Prof, Fuensanta Vera-Diaz Dr

Articles

Myopia is the most common eye disease and a leading cause of blindness. A contemporary, large, and ethnically and geographically diverse study of ocular biometry and refractive error in children in the United States is needed to help better describe differences between myopic and nonmyopic eyes.

This is an initial cross-sectional report from the Refractive Error and Axial Length Growth Curve Study that includes ocular component data as a function of age, gender, and geographic location. This feasibility report will inform a planned larger longitudinal ocular growth study in children in the United States.

Cross-sectional data on children, ages 3 …

Exploring Deaf And Hard Of Hearing Peoples' Perspectives On Tasks In Augmented Reality: Interacting With 3d Objects And Instructional Comprehension, Sanzida Mojib Luna, Jiangnan Xu, Garreth W. Tigwell, Nicolas Lalone, Michael Saker, Alan Chamberlain, David I. Schwartz, Konstantinos Papangelis

Articles

Tasks in augmented reality (AR), such as 3D interaction and instructional comprehension, are often designed for users with uniform sensory abilities. Such an approach, however, can overlook the more nuanced needs of Deaf and Hard of Hearing (DHH) users who might have reduced auditory perception. To better understand these challenges, our study utilized the single-player AR game Angry Birds AR as a probe to explore how 11 DHH participants and 15 hearing participants experienced AR interactions. Our findings highlight that DHH users prefer interaction based on context, effective haptic cues, audio cue substitutes, and clear instructional design. We, therefore, propose …

Investigating The Intersection Of Cultural Design Preferences And Web Accessibility Guidelines With Designers From The Global South, Laleh Nourian, Vinaya Hanumant Naikar, Kristen Shinohara, Garreth W. Tigwell

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Cultural background influences aesthetic web design preferences, and aesthetic design impacts accessible design. However, limited research has focused on this intersection of cultural background and accessible web design. With the majority of HCI and design resources originating from the Global North, we investigated the conflicts experienced due to the cultural background of digital designers from the Global South and current web accessibility guidelines. We conducted a design activity and interview study with 10 designers from five countries in the Global South to identify how current web accessibility guidelines conflict with our participants’ cultural design preferences. We found there are specific …

U.S. Territories And The Criminal Law Curriculum, Emmanuel H. Arnaud

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No abstract provided.

Sport, Soft Disempowerment And The 1966 Fifa World Cup, Richard Woodward

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Sport is increasingly acknowledged as a vital component of the United Kingdom’s arsenal of soft power assets. However, the UK’s attempts to wring soft power from sport have met with mixed success. Many of the UK’s experiences align with an embryonic literature suggesting that sport, as well as enabling the production of soft power, is simultaneously capable of eroding it, a phenomenon dubbed ‘soft disempowerment’. Drawing upon original archival documents, this article examines how the Foreign, Commonwealth and Development Office (FCDO) commandeered the 1966 World Cup and England’s victory in the competition in a doomed attempt to communicate positive messages …

Use And Benefits Of A Therapeutic Hypnosis Interactive Media Program For Chronic Pain Management: A Pilot Study, Mark P. Jensen, Joy F. Chan, Owen Gottlieb, Laurence I. Sugarman, Emily Stensland

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Chronic pain is a common condition that has significant negative effects on individuals and society. Opioids continue to be the primary treatment provided to the billions of individuals with chronic pain, despite their general lack of efficacy and significant negative side effects. A growing body of research supports the potential of therapeutic hypnosis for helping individuals better manage their chronic pain. However, access to this treatment is limited. The availability of a hypnosis digital therapeutic has the potential to address this access problem. The current study was designed to evaluate the feasibility of a digital therapeutic hypnosis prototype (not yet …

Deputization And Privileged White Violence, Ekow N. Yankah

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A number of high-profile and racially charged killings, such as Trayvon Martin’s, Kenneth Herring’s, Ahmaud Arbery’s, and Jordan Neely’s, have been at the hands of civilians declaring themselves the law. These deaths stemmed from a phenomenon best described as “deputization.” Deputization describes a latent legal power that has empowered White people throughout American history to claim authority to enforce the law, as they see it, upon racial minorities generally and Black people in particular. This power turned the ancient common law duty to police all felons in England into a specific American common law duty to police Blacks. From the …

The International Law Commission's Seventy-Fifth (2024) Session: Immunity Of State Officials From Foreign Criminal Jurisdiction And Other Topics, Charles C. Jalloh

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The International Law Commission (Commission or ILC) held its seventy-fifth session at its seat in Geneva from April 15 to May 31 and from July 1 to August 2, 2024. The Commission was chaired by Mr. Marcelo Vázquez-Bermúdez (Ecuador), and for the first time since its establishment in 1945, elected a majority of three females out of the five officers elected to its bureau annually. The Commission celebrated its seventy-fifth anniversary and progressed its work on the topics in the program of work despite the shortening of the twelve-week General Assembly approved session to ten weeks due to the liquidity …

Three Implications Of Moore., Reuven S. Avi-Yonah

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In his majority opinion in Moore, Justice Brett Kavanaugh listed several provisions of the code that could be subject to a constitutional challenge if realization were a constitutional requirement, as suggested by Justices Amy Coney Barrett, Samuel A. Alito Jr., Clarence Thomas, and Neil M. Gorsuch. Kavanaugh wrote: In short, the Moores cannot meaningfully distinguish the [mandatory repatriation tax] from similar taxes such as taxes on partnerships, on S corporations, and on subpart F income. The upshot is that the Moores’ argument, taken to its logical conclusion, could render vast swaths of the Internal Revenue Code unconstitutional. See, e.g., 26 …

Gender Equality Plans In Research Organisations And Higher Education Institutions As A Catalyst For Transformative And Sustainable Change, Yvonne Galligan

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Gender Equality Plans (GEPs) play a pivotal role in shaping the European Union’s commitment to fostering sustainable structural change in Research organisations regarding gender equality. This article considers the dynamic evolution of the EU policy on GEPs, assesses the state of play with regards to GEPs following the requirements at EU level, and poses the question: What further can be done to deliver the transformative potential of GEPs, embed their sustainability and advance towards inclusiveness at greater speed? Drawing on the insights of feminist institutionalism, which highlights the relevance of informal practices as well as formal rules in shaping an …

Dispatches From Amendment Valley, Alison Lacroix

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No abstract provided.

Enhancing Professional Development For Third Space Roles: Reflections On The Added Value Of Learning Circles, Linde Moriau, Réka Matolay, Emma Mckenna, Andrea Toarniczky, Judit Gáspár, Márta Frigyik, Catherine Bates

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This paper explores how Learning Circles can support higher education staff in navigating the complexities of contemporary educational landscapes with greater confidence, creativity, and efficacy. It presents qualitative research rooted in the three-year Erasmus+ project CIRCLET, involving five European universities. Learning Circles were implemented as a core component of professional development programmes, aiming to foster quality integration of Community Engaged Research and Learning (CERL) in academic practice. Drawing on a collaborative autoethnographic research design, we reflected on our experiences as Learning Circle designers, facilitators, and participants to identify manifestations of professional growth emanating from our project activities. We build on …

Colombia, Covid-19, And The Colonial Trap: Reflections On The Politics Of Knowledge Production, Fionnuala Ní Aoláin, Bill Rolston, Claire Wright

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The COVID-19 pandemic has made historical and contemporary colonial relationships between and within states more fraught. This complexity is apparent within the research process itself, adding a new dimension to debates on positionality and the politics of knowledge production. Drawing on critical approaches to International Relations, and in dialogue with an emerging literature on the implications of the pandemic for knowledge decolonization, we reflect on our experience as scholars from the UK/Ireland researching colonial legacy and Transitional Justice in Colombia. The aim of this autoethnographic article is to suggest how the COVID-19 pandemic affected inequalities between researchers based in Europe …

Race, Gender, And Ordinary Peace: Assessing The Women, Peace, And Security Agenda Through A Coloniality Lens, Fionnuala Niaolain, Claire Wright

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No abstract provided.

Core Skills & "Cool Tools" From The Third Generation Of Fcil Librarians, Meredith Capps, Clement Lin, Devan Orr, Alison A. Shea, Loren Turner, Latia Ward

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There have been three generations of foreign, comparative, and international law (FCIL) librarians in the United States (US) in the postwar era. FCIL librarians of the first generation were foreign lawyers who emigrated to the US after World War II. Those of the second generation were American lawyer-librarians who built the infrastructure of FCIL librarianship into what it is today. The third generation of FCIL librarians includes the authors of this article. We perform many of the same research tasks as our predecessors, but we do so primarily online through an ever-evolving array of new and emerging technologies. This article …

The Question Not Presented: Government And Social Media Corruption After Murthy V. Missouri, Richard Painter

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The Supreme Court in Murthy v. Missouri in 2024 dismissed a suit by multiple plaintiffs alleging that the Biden Administration’s efforts to persuade social media platforms to monitor content violated the First Amendment. Although the Court did not directly decide the constitutionality of the government policy, the Court imposed a high bar for plaintiffs other than social media platforms to show standing to challenge the constitutionality of government pressure on the platforms. But the coercion problem is not the only troubling aspect of this government policy. The question not presented to the Court was the corruption problem. What happens when …

The Problem Of Purpose In Corporate Law, Matthew T. Bodie, Grant M. Hayden

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For the last half century, shareholder primacy has reigned as the dominant definition of corporate purpose, as to both the purpose of individual companies and corporate law more generally. Recently, however, the Business Roundtable, the American Law Institute’s Restatement of the Law: Corporate Governance, and many business and legal academics have developed new answers to explain why we have corporations, and the ends to which their massive economic powers should be directed. This Essay endeavors to reframe the focus of the debate beyond purpose itself into the realm of actual governing power. In order to be meaningful, purpose needs governance. …