Digital Commons Network^™

Where Are You, Congress?: Silence Rings In Congress As Juvenile Offenders Remain In Prison For Life, Megan R. Pollastro

Brooklyn Law Review

Over the last decade, Supreme Court precedent has changed the way courts have sentenced juveniles in the United States. It has failed, however, to clearly establish the proper handling of cases in which juveniles are sentenced to extended periods of time in prison that equate to a de facto sentence of life in prison without parole. Congress has also remained noticeably silent on the issue. Children are not considered mature enough to vote, to drink alcohol, to serve on a jury, and yet, courts treat juvenile offenders as mature enough to pay for their crimes for the remainder of their …

Words We Fear: Burning Tweets & The Politics Of Incitement, Rachel E. Vanlandingham

Brooklyn Law Review

The United States government has long wrestled with the link between speech and violence, periodically employing speculative claims of potential violence and law-breaking to suppress political speech in times of national insecurity. By the late 1960s, however, the Supreme Court fully operationalized the First Amendment’s premise that most government speech suppression is antithetical to self-government, individual autonomy, equality, and liberty. The Court therefore, required immediacy of potential violence before the government could punish speech advocating such illegality, but left private actors free to censor and suppress speech. Today, social media companies, at the behest of the government, are doing what …

The First Amendment And The Imminence Of Harm, Floyd Abrams

Brooklyn Law Review

Noted First Amendment litigator Floyd Abrams engages questions about the past, the present and the future of free speech directly by considering the key words from Justice Holmes’s canonical formulation for the constitutional standard governing regulation of incitement speech—the requirement that any danger justifying such speech regulation must be “clear and present.” Mr. Abrams asks what types of “danger” are sufficiently “present” to provide that justification, using as examples the Communist teachings at issue in Dennis v. United States and The Progressive magazine’s publication of plans for constructing a hydrogen bomb. While Mr. Abrams reaches no hard and fast conclusion …

The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner

Brooklyn Journal of International Law

The international tax and investment regimes display striking similarities. They are both based on thousands of bilateral treaties that follow similar principles but differ in fine print. They each facilitate the free flow of international capital by respectively disciplining fiscal and regulatory host state conduct. Finally, they share common historical foundations and have experienced similar periods of rapid diffusion and deep contestation. Yet, while the international tax regime recently accomplished a sweeping reform to solve a decades-old legitimacy crisis, the investment regime is still grappling with its own legitimacy crisis and reform. In 2018, the multilateral tax instrument (MLI) entered …

Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy

Brooklyn Journal of International Law

The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war. …

Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam

Brooklyn Journal of International Law

With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing …

Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo

Brooklyn Journal of International Law

Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the …

Kicking The Law: The Effects Of Fifa Regulations On A World Cup Host Country’S Legislative Process In Regards To Intellectual Property Protection, Nicole-Amanda Brandofino

Brooklyn Journal of International Law

Brand protection is highly sought after by large organizations that seek to monetize valuable intellectual property. At the international level, treaties such as the TRIPS Agreement allow for protection amongst signatory nations. As a leader in the international sports field, FIFA has capitalized on its well-known brand throughout the world through the selling of merchandise and licensing to influential third parties. With the occurrence of the World Cup every four years, FIFA strives to uphold the high revenue it earns through its wide intellectual property portfolio. As the World Cup host country prepares for the tournament, it must abide by …

Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina

Brooklyn Journal of International Law

Third-party funding in global commerce and dispute resolution has gained considerable traction in the last few decades. The rise in complex international arbitration cases has encouraged a demand for third-party funding arrangements since the disputes involve large amounts of money in addition to high legal costs. This Note explores the implications of third-party funding on the practice of international arbitration, particularly with the expansion of arbitral institutions’ doctrinal rules to address the use of third-party funding. Much of the pre-existing research and literature highlights the issues that third-party funding poses in international arbitration proceedings, but fails to consider a broader, …

#Losingthethread: Recognizing Assembly Rights In The New Public Forum, Liz Grefrath

Brooklyn Law Review

The specter of banishment from the vibrant public forum of social media to the empty streets and deserted sidewalks is a matter of increasing political, social, and cultural importance. Today, nearly every government official maintains a social media presence on Facebook or Twitter, generally to promote initiatives, share ideological positions, engage constituents, and tangle with critics. Privacy controls and content moderation tools, however, offer government officials tantalizing opportunities to discretely and effectively muffle disapproval, stifle dissent, and shield themselves from criticism on their public social media pages through “blocking” features. Courts are just starting to grapple with the First Amendment …

Defining Art Aesthetically : A Revision Of Iseminger's New Aestheticism, Yeung Yu

Lingnan Theses (MPhil & PhD)

My thesis attempts to provide an aesthetic definition of art.

The thesis is divided into three parts. The first part is a summary of the different attempts in defining art in contemporary analytic philosophy, beginning with a discussion of Morris Weitz’s famous paper “The Role of Theory in Aesthetics”, in which he appealed to Wittgenstein’s “family resemblance” idea while rejecting traditional essential definitions. His attempt has led to the appearance of contemporary essential definitions, whereby art is defined through different relational properties. This is followed by a critically review on Weitz’s claims and those definitions.

The second part focuses on …

Leonard Diepveen. Modernist Fraud: Hoax, Parody, Deception, Jayme Stayer

English: Faculty Publications and Other Works

Diepeveen has spent a considerable part of his career chasing after the tricky concept of intent, how authors or works signal it, and how interpretive communities respond to it. With his most recent book, he has brought a systematician’s rigour to the question of how modernism addresses, offends, or accounts for its various audiences. One of the most engaging elements of Modernist Fraud is how Diepeveen rescues authorial intention from the New Critical and Barthesian dustbins, revealing its centrality in the evaluation and understanding of art, in spite of its unpindownable nature. The paradox of intent is that its ‘evidentiary …

Early High-Dose Vitamin D3 For Critically Ill, Vitamin D-Deficient Patients, Adit A. Ginde, Roy G. Brower, Jeffrey M. Caterino, Lani Finck, Valerie M. Banner-Goodspeed, Colin K. Grissom, Douglas Hayden, Catherine L. Hough, Robert C. Hyzy, Akram Khan, Joseph E. Levitt, Pauline K. Park, Nancy Ringwood, Emanuel P. Rivers, Wesley H. Self, Nathan I. Shapiro, B T. Thompson, Donald M. Yealy, Daniel Talmor

Emergency Medicine Articles

BACKGROUND: Vitamin D deficiency is a common, potentially reversible contributor to morbidity and mortality among critically ill patients. The potential benefits of vitamin D supplementation in acute critical illness require further study.

METHODS: We conducted a randomized, double-blind, placebo-controlled, phase 3 trial of early vitamin D3 supplementation in critically ill, vitamin D-deficient patients who were at high risk for death. Randomization occurred within 12 hours after the decision to admit the patient to an intensive care unit. Eligible patients received a single enteral dose of 540,000 IU of vitamin D3 or matched placebo. The primary end point was 90-day all-cause, …

To 13(B) Or Not To Be? How The Seventh Circuit’S Narrow Interpretation Of Remedies Under Section 13(B) Of The Ftc Act Leaves The Ftc Vulnerable, Jamie N. Noonan

Seventh Circuit Review

The Federal Trade Commission (“FTC”) has been the most efficient regulator of commerce for over a century. It serves as the primary line of defense against anticompetitive, deceptive, and unfair business practices. Between July 2017 and July 2018 alone the FTC obtained a total of 114 court orders totaling $563 million and led refund programs that delivered $2.3 billion in refunds to wronged customers. To continue obtaining such results and ensuring a fair marketplace, the FTC requires a broad range of enforcement powers. But key FTC enforcement powers under Section 13(b) of the FTC Act—the primary provision that the FTC …

Exposing The Unconstitutionality Of The Illinois Firearm Concealed Carry Act, Adam J. Share

Seventh Circuit Review

While the right to bear arms may be controversial, it is nonetheless provided by the Second Amendment to the United States Constitution. States are lawfully able to limit people’s right to bear arms to an extent but must not go so far where a State’s limits ultimately infringe upon that right. The Seventh Circuit in Culp v. Raoul pushed the limits to which a State may restrict a person’s Second Amendment right. In Culp, the court determined whether the Illinois Firearm Concealed Carry Act was constitutional. The Illinois Firearm Concealed Carry prohibits nonresidents from applying for an Illinois concealed …

Chasing Title Ix: Examining The Circular Effects Of Title Ix From An Unpopular Perspective, Mitchell W. Bild

Seventh Circuit Review

The rise in sexual misconduct awareness campaigns, particularly on college campuses, has brought a traditionally-taboo subject to the fore of national discourse. Accordingly, the federal government has required public institutions of higher education to respond aggressively to accusations of sexual misconduct by expanding the reach of Title IX’s prohibition on sex discrimination and relaxing adjudicative procedures. To enforce these changes, the U.S. Department of Education threatened to withdraw federal funding from institutions that failed to comply with its mandates after engaging in public investigations, therefore resulting in financial and reputational ruin. This aggressive practice has resulted in a systematic and …

Unreasonable: Judge Easterbrook, The Seventh Circuit, & The Deterioration Of Fourth Amendment Protection For Convicted Prisoners, Clayburn E. Arnold

Seventh Circuit Review

How limited are the constitutional rights of convicted prisoners? In a line of cases authored by Judge Easterbrook, the Seventh Circuit has allowed greater intrusion on Fourth Amendment privacy rights of prisoners than any other circuit. Today, even arbitrary and degrading visual body-cavity searches are deemed constitutional under this line of precedent. The deference to prison officials—who lack any meaningful oversite—is unwise, and leaves prisoners without a necessary protection against abuse. The Court should employ a workable standard that respects the rights of prisoners and protects them from abuse. Considering dignity within the realm of Fourth Amendment protections would meet …

When Insurance Companies Meet Their Match, The Seventh Circuit Resolves Ambiguous Replacement-Cost Policy Language, Sarah G. Anderson

Seventh Circuit Review

Disaster strikes and you, as a homeowner, are left with a partially damaged building. That is the first mess. The next mess? Arguing with your insurance company over your replacement-cost policy language. In cases of partial damage to property, replacement cost policies have often been ambiguous regarding what property the insurer will actually replace. If the siding on your house was damaged, you might wonder if the insurance company is replacing the siding on the whole house or just the siding on the side that was damaged? The insureds will argue that entire replacement should occur—for example, all the shingles …

Jurisdiction Means Jurisdiction Not Claims-Processing: The Seventh Circuit’S Flawed Approach To Pereira V. Sessions In Ortiz-Santiago V. Barr, Mayra Gomez

Seventh Circuit Review

“Jurisdiction is [not necessarily] a word of too many meanings.” Jurisdiction, in its most basic terms, refers to a court’s adjudicatory authority over a case or individual. However, courts’ holdings distinguishing between what is a jurisdictional rule and what is a claims-processing rule have left immigrants even more vulnerable to judges’ discretion. In Santiago-Ortiz v. Barr, the Seventh Circuit held that incomplete charging documents known as notices to appear do not present a jurisdictional question, but rather, a claims-processing one, violations of which can be forfeited if not raised in a timely manner. While some may refer to this distinction …

Xenopus Interferon Complex: Inscribing The Amphibiotic Adaption And Species-Specific Pathogenic Pressure In Vertebrate Evolution?, Yun Tian, Jordan Jennings, Yuanying Gong, Yongming Sang

Agricultural and Environmental Sciences Faculty Research

Several recent studies have revealed previously unknown complexity of the amphibian interferon (IFN) system. Being unique in vertebrate animals, amphibians not only conserve and multiply the fish-like intron-containing IFN genes, but also rapidly evolve amniote-like intronless IFN genes in each tested species. We postulate that the amphibian IFN system confers an essential model to study vertebrate immune evolution in molecular and functional diversity to cope with unprecedented pathophysiological requirement during terrestrial adaption. Studies so far have ascribed a potential role of these IFNs in immune regulation against intracellular pathogens, particularly viruses; however, many knowledge gaps remain elusive. Based on recent …

Towards Perpetual Peace: The Dynamics Of Us And Vietnam Relations Since The Settlement Of Agent Orange Case In 2000, Bhakti Putra Utama, Shary Charlotte Pattipeilhy, Reni Windiani

Global: Jurnal Politik Internasional

Agent Orange is a toxic chemical liquid used by the United States military during the Vietnam War in 1955-1975. The use of chemical weapons is classified as a form of crime due to violations of international agreements. This research tries to explain how Agent Orange has become a significant factor in the dynamics of relations between the US and Vietnam. The dynamics will be analyzed using the concept by Immanuel Kant. There are 6 articles that must be done to achieve lasting peace, but this article only discusses articles 1, 5, and 6 which are the basis for the establishment …

Widsam Realty Corp. V. Joyner

All Decisions

Look back farther to calculate rent.

Impact Of Organizational Culture And Perceived Process Safety In The Uae Oil And Gas Industry, Mohamed Ali Al Mazrouei Mr., Khalizani Khalid Dr., Ross Davidson Dr., Salam Abdallah Dr.

The Qualitative Report

In the last few decades, there had been a lot of accidents in the oil and gas industry throughout the world. This article reports a qualitative study of 30 employees employed in the United Arab Emirates (UAE) oil and gas industry. Health, Safety, and Environment (HSE) culture is a concept which was studied in many researches. However, this research is set to examine how certain behaviors affect the safety performance in UAE’s oil and gas industry. Four core themes that were drawn from the interviewee discussions of how safety culture, leadership safety behaviors, supervisory safety behaviors, and employee training on …

Pakistan’S Macroeconomy: Current Situation And Way Forward, Ishrat Husain Dr.

Faculty Research - Talks, Speeches, & Discourse

I would like to place the current economic situation in the historical context. For the first decades 1950-1990 Pakistan was among the fastest growing economies in the developing world. This achievement was remarkable because Pakistan had inherited an economy without any industrial base; had to rehabilitate and absorb 8 million refugees – almost one fourth of the total population; had to fight a war with a much bigger and stronger neighbour in 1965; lost the Eastern Wing and suffered a trauma in 1971. In the 1970s all major industries, banks, educational institutions were nationalized. In 1980s the country participated in …

Indonesia’S Image From China’S Perspective On South China Sea Dispute (A Preliminary Study On China’S Perception On Indonesia), Ardina Kartikasari

Global: Jurnal Politik Internasional

This paper discusses the image of Indonesia in the eyes of China on the South China Sea (SCS) dispute. China circulated the map of Nine-dotted lines in 1993 and since then China has behaved ambiguously towards Indonesia as the dotted lines encompasses some part of Indonesia’s North Natuna waters. China insists two countries have overlapping interests over some of Indonesia’s Natuna Exclusive Economic Zone which China claims as it traditional fishing ground. China, however recognizes Indonesia’s sovereignty over the Natuna Islands and has been cautious when dealing with Indonesia on the Natuna issue. This behavior continues until the last three …

Strategy To Strengthen Cooperation Between The European Union And The Mediterranean Countries Through The Union For Mediterranean (Ufm), Elistania Elistania, Farandy Nurmeiga, Agung Permadi

Global: Jurnal Politik Internasional

The European Union is an example of regional cooperations that represents regional identity. In the midst of the process of integration and expansion of membership, the European Union has an interest in building good relations with non-member countries in the immediate region, including the Mediterranean. The process of establishing cooperation between the European Union and the Mediterranean countries continues to change. The Euro-Mediterranean Partnership (EMP) in 1995 was the place for regional cooperation with most member countries and had a well-structured pillar of cooperation. However, the two entities re-formed a new cooperative platform, The Union for Mediterranean (UfM) in 2008. …

Critical Engagement On Digital Sovereignty In International Relations: Actor Transformation And Global Hierarchy, Abid A. Adonis

Global: Jurnal Politik Internasional

The idea of digital sovereignty in the last twenty years increasingly reifies into chiefly policy making debates as the reaction of China’s determined activism on internet governance, Snowden’s case, and increasingly big internet corporations’ unchecked endeavors. International actors’ growing concerns on security, economy, data protection, and socio-political issues invoke new discourses on digital sovereignty since it bears global political consequences by nature. This stimulates recent intellectual debate in academic literature on how digital sovereignty affects (or be affected by) international politics. This article critically examines the development of digital sovereignty literatures. This article classifies literature taxonomically on four major themes: …

Cognitively Normal Women With Alzheimer’S Disease Proteinopathy Show Relative Preservation Of Memory But Not Of Hippocampal Volume, Jessica Z.K. Caldwell, Jeffrey L. Cummings, Sarah J. Banks, Sebastian Palmqvist, Oskar Hansson

School of Medicine Faculty Research

Background: We examined interactive effects of sex, diagnosis, and cerebrospinal fluid (CSF) amyloid beta/phosphorylated tau ratio (Aβ/P-tau) on verbal memory and hippocampal volumes. Methods: We assessed 682 participants (350 women) from BioFINDER (250 cognitively normal [CN]; and 432 symptomatic: 186 subjective cognitive decline [SCD], 246 mild cognitive impairment [MCI]). General linear models evaluated effects of Alzheimer’s disease (AD) proteinopathy (CSF Aß/p-tau ratio), diagnosis, and sex on verbal memory (ADAS-cog 10-word recall), semantic fluency (animal naming fluency), visuospatial skills (cube copy), processing speed/attention functions (Symbol Digit Modalities Test and Trail Making Part A), and hippocampal volumes. Results: Amyloid-positive (Aβ/P-tau+) CN women …

Bainbridge Ave. Props. Inc. V. Sow

All Decisions

No abstract provided.

Simulation Of Seepage Water Inrush Mechanism And Strength Controlling Factors Of Collapse Column, Huo Bingjie, Xie Zhenhua, Fan Zhanglei, Jing Xuedong

Coal Geology & Exploration

In order to study the mechanism and main control factors of seepage water inrush in roadway affected by collapse columns, Darcy, Brinkman and N-S equations were used to describe the linkage system of flow field in aquifer, collapse column and water inrush roadway. Variables such as different parameters and different boundaries were selected to analyze the main factors influencing the seepage water inrush intensity of collapse columns. The results show that under the conditions of constant pressure and flow, the increase of aquifer permeability will lead to the increase of flow velocity in an area where the aquifer meets the …