Digital Commons Network^™

Weaponization Of Taxation: Sovereign Tax Immunity As A National Security Tool, Vinita R. Singh

Articles

Amidst calls to reconceptualize taxation as a national security tool, legislators are reexamining how the United States taxes foreign governments. Federal income taxation of foreign governments—what this Article terms “the law of immunity from taxation” or “sovereign tax immunity”—strongly influences whether and how foreign governments pursue investment in the United States. This impact on international business transactions indicates sovereign tax immunity has the potential to be a powerful national security tool. Yet, despite its import, the law of immunity from taxation has been underexplored and undertheorized. This Article steps into this gap in discourse by challenging the way recent legislative …

The Abuse Of Neutrality, Rebecca Ingber

Articles

Neutrality law is a musty and obsolete body of international law that nevertheless rears its creaky head now and again in dangerous ways, most recently in the Russia-Ukraine conflict. The law of neutrality is a study in contradictions. It is obsolete yet remains on the books in treaties and military manuals. It purports to keep the peace and protect non-warring states yet today is invoked to expand conflict and protect aggressors. The legal benefits of neutrality have been entirely overtaken by other regimes. And yet neutrality law has not lost its luster despite losing its value. Instead of letting it …

Rectifying The Rome Statute And Draft Articles On Prevention And Punishment Of Crimes Against Humanity To Include The Slave Trade, Jocelyn Getgen Kestenbaum

Articles

The slave trade is commonly misperceived as a historical crime. Yet, the scourge of the slave trade is present throughout the world today. Combatting these ongoing atrocity crimes is essential to ensure that human rights are upheld by the international community. The crime of the slave trade fills an impunity gap, especially in light of recentharms perpetuated by the Islamic State of Iraq and Syria (ISIS) against the Yazidi in Iraq. Revitalization of the conceptualization of the slave trade as a crime under international law might ensure greater enforcement of one of the oldest core international crimes. Critical proposed amendments …

Towards The Faa's Next Century: Clarifying Disclosure Requirements In Arbitration, Andrea K. Schneider, Brian Farkas

Articles

This essay provides a roadmap to the current landscape of neutrality and disclosure. It then suggests three possible reforms to the FAA that would provide better guidance to arbitrators, parties, and courts. Moreover, this essay argues that if the FAA cannot be sufficiently amended, states should take the lead. States can continue to more clearly outline disclosure requirements and enforce clearer standards than the current version of the FAA.

The Impossibility Of Religious Equality, Zalman Rothschild

Articles

The Supreme Court has recently adopted a new rule of religious equality: Laws unconstitutionally discriminate against religion when they deny religious exemptions but provide secular exemptions that undermine the law’s interests to the same degree as would a religious exemption. All the Justices and a cadre of scholars have agreed in principle with this approach to religious equality. This Essay argues that this new rule of religious equality is inherently unworkable, in part because it turns on treating that which is religious the same as its secular “comparators.” But religion is not comparable to anything neither in terms of its …

Response: Diagonal Representation, Alma Magaña

Articles

A lot has been written about the crisis of indigent defense and the plethora of factors that have led to the crisis, like the lack of guidance on how indigent defense providers can most efficiently distribute their insufficient resources. This lack of guidance has left jurisdictions across the country to their own devices, resulting in a national landscape of very different models, each with its own variations of the same problems plaguing indigent defense.

Decision-Making Supports And Cognitive Decline, Rebekah Diller

Articles

For persons with a range of cognitive disabilities, supported decision-making, rooted in a human rights approach to disability, has emerged as a tool that permits them to make legally binding decisions and avoid guardianship. As supported decision-making policy has evolved in the United States, state statutes have primarily focused on formal agreements through which individuals can designate trusted supporters to assist in obtaining information, processing that information, and communicating a decision. This Article argues that supported decision-making has promise for preserving the autonomy of persons living with dementia, but that the model of a supported decisionmaking agreement embodied in the …

Doubting Thomas And Questioning Stare Decisis Under The Roberts Court, Wilfred U. Codrington Iii

Articles

The article critically examines the erosion of stare decisis under the Roberts Court, highlighting concerns about the Supreme Court's increasing willingness to overturn established precedents. While acknowledging the importance of stare decisis in maintaining stability and equality, the author argues that its practical value is being undermined by ideological polarization and a departure from traditional legal reasoning. The article questions the Court's recent approach to precedent, particularly in cases like Dobbs v. Jackson Women's Health Organization and Students for Fair Admissions v. Harvard, and critiques the conservative majority's aggressive use of judicial power.

Subordinate Prosecutors’ Independence, Bruce A. Green, Jessica A. Roth

Articles

This essay is about subordinate prosecutors’ independence to do what they think constitutes “seeking justice” when they perceive that their boss, or their boss’s boss, wants them to do something that is unjust—not illegal, but unjust. Of course, if subordinate prosecutors want to do either what they are told to do or what they infer that a higher-up wants them to do, they can do so, as long as the conduct is legal. Subordinate prosecutors might choose to disregard their own professional judgment of what justice requires because they share their boss’s objectives, because they see conforming as a route …

Property And Information, Jeanne L. Schroeder, David G. Carlson

Articles

The article proceeds as follows. As the information theory is a reaction to legal realism, Part I explores its antecedents in the work of Wesley Newcomb Hohfeld and Ronald H. Coase. Part II presents the information theory as arising from Professor Smith’s interpretation of the Coase theorem.11 In the imaginary world of TC0, we are supposedly indifferent to organizing by property and organizing by contract. Property eclipses contract as the organon of the economy because property reduces the cost of delineation and processing—of speaking and comprehending. We show that this theory is founded on a misunderstanding of Coase. Part III …

Cross-Talk, Alicia Bannon, John Q. Barrett, Tyler Rose Clemons, Wilfred U. Codrington Iii, Mark C. Niles

Articles

The symposium examines the Supreme Court's recent trend of overturning precedent, arguing that this practice undermines the principle of *stare decisis* and the Court's legitimacy. Historically, the Court has used precedent to protect marginalized groups, but recent decisions suggest a shift toward benefiting non-marginalized interests, such as big businesses and conservative groups. This change is seen as a departure from the Court's traditional role and raises concerns about judicial humility and the politicization of the judiciary.

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Substance And Process In Corporate Law: Theory And History, William Wilson Bratton, Simone M. Sepe

Articles

Over the last half-century, corporate law has moved from substance to process as the Delaware courts have avoided direct review of the merits of transactions, substituting review of the processes that brought the transactions about. This is a familiar observation, perhaps a truism. But it is a truism that is undertheorized. This article addresses the theory gap, suggesting a structural reason for the trend. Simply, the courts avoid reviewing substance because they lack a theory of value. The theoretical void disables direct evaluation of transactional merits. Process review avoids this problem. Processes and their operation are the lawyer's stock in …

Lawyer Ceos, M. Henderson, Irena Hutton, Danling Jiang, Matthew Pierson

Articles

No abstract provided.

Colonial Experiences And Contemporary Laws, Adam Chilton, Yun-Chien Chang, Nuno Garoupa, Mila Versteeg

Articles

No abstract provided.

Criminal Procedure In A Time Of Abolition, Adam Davidson

Articles

No abstract provided.

How Are Ideologies False? A Reconstruction Of The Marxian Concept, Brian Leiter

Articles

No abstract provided.

Gender Equality In World Athletics: Transnational Norm Development By Private International Organizations, Michele Krech

Articles

No abstract provided.

A Natural Law Approach To Parental Rights, Richard Epstein

Articles

No abstract provided.

Judicial Economy In The Age Of Ai, Yonathan A. Arbel

Articles

Individuals do not vindicate the majority of their legal claims because of access to justice barriers. This entrenched state of affairs is now facing a disruption. Lawyers and non-lawyers alike are adopting artificial intelligence (AI) tools to perform legal tasks tools that sharply reduce the costs of generating legal materials. There is finally hope that AI might allow many more to access justice.

Paradoxically, what we gain in access to justice we might lose in the delivery of justice. The problem is not that AI tools are ineffective. Indeed, they are even more effective than most realize affecting every stage …

Flexibility And Resilience Are Essential Legal Skills, Margie Alsbrook

Articles

The legal profession is facing an era of change driven by technological advancements, environmental crises, shifting client expectations, and evolving societal norms. This article argues that flexibility and resilience are not just positive personality traits but essential legal skills that should be intentionally cultivated in law school curricula. By integrating adaptability into legal education—through emphasizing the evolving nature of law, incorporating interdisciplinary approaches, reshaping assessments, and fostering collaborative learning—law schools can better equip students to navigate an unpredictable future. Encouraging law students to embrace flexibility and resilience as a professional skill will not only enhance their long-term success but also …

Technique With Ideals: An Essay On Professional Identity And Cause Lawyering, Patrick Longan, Mark Brown

Articles

The accreditation standards of the American Bar Association Section on Legal Education and Admission require every school to "provide substantial opportunities to students for . .. the development of a professional identity." The standards include Interpretation 303-5, which provides guidance about what professional identity means for lawyers and how law schools should seek to shape the professional identities of their students: "Professional identity focuses on what it means to be a lawyer and the special obligations lawyers have to their clients and society. The development of professional identity should involve an intentional exploration of the values, guiding principles, and well-being …

Using Big Data To Dismantle Systemic Barriers: How Tracking Official Misconduct Can Foster Justice And Increase Accountability In The Criminal Legal System, Meagan R. Hurley

Articles

The U.S. criminal legal system is a vast and complex machine, long subject to public and scholarly scrutiny. The U.S. incarcerates more people than any other nation, holding an astonishing 1.9 million individuals behind bars. Of them, approximately eighty percent are indigent, and over sixty percent are racial minorities, despite these groups comprising a relatively small portion of the overall population. In this expansive system, which disproportionately targets minorities and the poor, it is unsurprising that justice is not always served: Human error and bias are nearly guaranteed to occur at some juncture. Experts estimate that about four percent of …

Theoretical And Experimental Investigation Of Slanted Volume Transmission Gratings For Holographic Gas Sensing, Graceson Antony, Dervil Cody, Svetlana Mintova, Izabela Naydenova

Articles

Slanted photopolymer-based diffraction gratings can undergo instant and quantifiable analyte-induced changes in both grating diffraction efficiency and peak reconstruction wavelength. This makes them an attractive option for gas sensing applications. The underlying mechanism for the sensor response is, however, poorly understood due to its complexity; the gaseous analytes produce simultaneous changes in multiple grating parameters (refractive index, thickness, refractive index modulation, and slant angle). Here, a novel and robust approach to the experimental characterization and theoretical analysis of holographic gas sensors based on slanted volume transmission gratings is presented. Slanted transmission gratings were fabricated in both undoped and MFI nanozeolite-doped …

Employment And Identity, Matthew T. Bodie

Articles

Work shapes our identities, and our identities shape our work. The tension between personal identity and work identity drives popular culture, as seen in shows like Severance and The Bear, and it frames our conceptions about who we are and what gives our lives meaning. In many respects the law has assumed a clear separation between work lives and personal lives, divvying up control and responsibility over these realms on that basis. But the divide, never absolute, has blurred considerably through technological change, legal developments, and social expectations, resulting in a more pervasive employer presence in both our workspaces and …

Experimental Investigation Of The Effect Of The Offset Ratio On The Flow Characteristics And Heat Transfer Behaviour Of A Wall-Bounded Dual Jet Flow, P. J. Murphy, S. Alimohammadi, S. M. O'Shaughnessy

Articles

A wall-bounded dual jet is formed through combining a wall jet, flowing directly adjacent to a solid wall, with a parallel, co-flowing offset jet. The combination of a wall and offset jet in this manner is commonly encountered across many industrial applications, such as electronics cooling, wastewater evacuation, and noise suppression technologies, despite remaining relatively misunderstood across the published literature. This study aims to contribute to the available dual jet experimental data and further fundamental knowledge of dual jet flows and their accompanying heat transfer characteristics. The primary objective of this experimental investigation is to analyse the effect of varying …

Experimental Investigation Of A Wall-Bounded Dual Jet Flow For Varying Reynolds Number: Flow Visualisation, Hydrodynamic Characteristics, And Associated Heat Transfer, P. J. Murphy, S. Alimohammadi, S. M. O'Shaughnessy

Articles

A wall bounded dual jet is the combination of a wall jet, flowing adjacent to a solid boundary, and a second parallel flowing jet offset from the boundary by some distance. The dual jet flow is distinctly different to that of either wall or offset jet, particularly in the region near the jet exit plane. This study represents just the 2nd experimental investigation of the flow characteristics of a dual jet flow past a solid surface. The primary aim of the present investigation is to capture flow data to accompany the dual jet thermal data previously published by the authors …

Is Ethical Review A Barrier To The Publication Of Research On Violence Against Women And Children For Low- And Middle-Income Country Researchers?, Elizabeth Dartnall, Sarah Homan, Kevin Lalor, Mpho Silima, Chi-Chi Undie

Articles

Producing and publishing research on violence against women (VAW) and violence against children (VAC) is essential for developing evidence-based solutions to these widespread issues. However, researchers in low- and middle-income countries (LMICs) face numerous challenges and structural inequities that hinder their ability to contribute to the global knowledge base. Among these, obtaining research ethics approval, which is essential for ensuring research integrity and safeguarding participant welfare, stands out as a particularly critical and often arduous hurdle. Access to research ethics approval presents significant challenges for researchers in low- and middle-income countries (LMICs), due to: (1) limited availability and accessibility of …

Dough Rheology Properties As Affected By The Inclusion Of Oat Drink Residue Flour: A Multivariate Analysis Approach, Mahmoud Said Rashed, Eimear Gallagher, Jesus M. Frias, Milica Pojić, Shivani Pathania

Articles

The global shift towards plant-based food consumption presents significant environmental benefits, yet the consequential rise in related by-products still imposes a challenge to be addressed. The present work was carried out to evaluate the rheological properties of bread dough as affected by the incorporation of dry fractionated oat drink residue flours as a functional ingredient to identify the optimum condition for incorporating fibre-rich ingredients in bakery products. Mechanically dry fractionated, dried oat drink residue flour of particle size F1: > 150, F2: 150-224, and F3: 224-300 μm was blended with strong wheat flour at 10% and 20% substitution levels of the …

Preface To Volume 16, Issue 1, Peter A. Carfagna

Articles

No abstract provided.