Digital Commons Network^™

Governing The Nile Under Climatic Uncertainty: The Need For A Climate-Proof Basin-Wide Treaty, Mahemud Eshtu Tekuya

Natural Resources Journal

This article examines treaty flexibility and climate change adaptation in the context of the Nile Basin. The Nile Basin is the focus of a voluminous body of academic literature, but there are gaps in the literature regarding the legal regimes of the Nile. Political scientists have extensively studied the role of power dynamics and hydro-hegemony in their effort to determine “who gets how much [of the Nile] water, when, where and why?” Peace and Security scholars have also addressed the issue of whether the Nile River will be a source of conflict or a catalyst for cooperation. Legal scholars, on …

Vertical And Horizontal Modes Of Injustice In Air Pollution: A Comparison Of Law And Society In China And The Us, Mingjie Hoemmen

Natural Resources Journal

This article will compare legal remedies to both pollution and environmental injustice available in the United States and China. In 2015, China adopted a law that shares many features with the U.S. Clean Air Act that have proven successful in the United States. The law is still new, but China’s regional cultural differences, less experience with civil lawsuits, and uncertainty about the rule of law may risk its effectiveness. Furthermore, the evolving political situation in both China and the United States may change availability of remedies for class discrimination due to anti-pollution policies. Finally, this article will use the case …

The Emergence Of Modern Higher Education: The German University And Its Influence, Charles E. Mcclelland

History Faculty Publications

Explores the main significance of the German university in its pioneering emphasis on the search for new knowledge rather than the transmission, from older to younger generations, of relatively static professional canons. Teaching staff came increasingly to be recruited from scholars and scientists who had researched, discovered and made public new interpretations and were expected to continue to do so as a part of their official duties.

The Impact Of Regional Integration On Africa’S Manufacturing Exports, Rodgers Mukwaya

Journal of African Trade

No abstract provided.

Trade Reforms And Integration Of Cocoa Farmers Into World Markets: Evidence From African And Non-African Countries:, Komi Tsowou, Samuel K. Gayi

Journal of African Trade

No abstract provided.

President Rutherford B. Hayes Tours The Southwest Territories, Dave Devine

New Mexico Historical Review

No abstract provided.

Full Issue, New Mexico Historical Review

New Mexico Historical Review

No abstract provided.

Book Reviews

New Mexico Historical Review

No abstract provided.

Neutrosophic Set Is A Generalization Of Intuitionistic Fuzzy Set, Inconsistent Intuitionistic Fuzzy Set (Picture Fuzzy Set, Ternary Fuzzy Set), Pythagorean Fuzzy Set, Q-Rung Orthopair Fuzzy Set, Spherical Fuzzy Set, And N-Hyperspherical Fuzzy Set, While Neutrosophication Is A Generalization Of Regret Theory, Grey System Theory, And Three-Ways Decision (Revisited), Florentin Smarandache

Branch Mathematics and Statistics Faculty and Staff Publications

In this paper we prove that Neutrosophic Set (NS) is an extension of Intuitionistic Fuzzy Set (IFS) no matter if the sum of single-valued neutrosophic components is < 1, or > 1, or = 1. For the case when the sum of components is 1 (as in IFS), after applying the neutrosophic aggregation operators one gets a different result from that of applying the intuitionistic fuzzy operators, since the intuitionistic fuzzy operators ignore the indeterminacy, while the neutrosophic aggregation operators take into consideration the indeterminacy at the same level as truth-membership and falsehood-nonmembership are taken. NS is also more flexible and effective because it …

#Personaljurisdiction: A New Age Of Internet Contacts, Zoe Niesel

Faculty Articles

No abstract provided.

Law Schools Harm Genizaros And Other Indigenous People By Misunderstanding Aba Policy, Bill Piatt, Moises Gonzales, Katja Wolf

Faculty Articles

Law schools justifiably seek to enroll a diverse student body in order to enrich the academic experience and environment, and to provide attorneys who will serve all segments of our society. American law schools enjoy the constitutional right to maintain such diversity. Indeed, accreditation standards promulgated by the American Bar Association ("ABA") require it. The Association of American Law Schools carries a similar mandate.

In seeking to create a diverse student body, law schools offer applicants the opportunity to identify their backgrounds. There generally is no "diversity police" checking on the accuracy of the self-identification as a member of a …

Back To The Future: Marriage And Divorce Under The 2017 Tax Act, Mark W. Cochran

Faculty Articles

The Tax Cuts and Jobs Act of 2017 (the 2017 Tax Act) significantly altered the federal tax consequences of marriage and divorce by mostly eliminating the so-called "marriage penalty" from the individual income tax rates and abolishing the deduction for alimony payments. These changes represent the latest congressional tinkering with issues that have persisted since the earliest days of the modem income tax, turning back the clock with regard to taxation for both married and divorced couples. For the first time, since the enactment of the Tax Reform Act of 1969, the rate brackets for married taxpayers filing joint returns …

Developing Countries And International Economic Law: The Case Of Burma, Vincent R. Johnson

Faculty Articles

Roughly a quarter of a century ago, developing countries, in large numbers, signed on to the 1994 revision of the General Agreement on Tariffs and Trade3 ("GKTT 1994") and to membership in its umbrella institution, the World Trade Organization ("WTO"). Notwithstanding their erstwhile reluctance to do business with and compete against developed countries that in many instances had been colonial oppressors, they took on substantial obligations under the WTO agreements. Developing countries did so, in part, because they feared being left behind economically in a world where free trade prospered.

Online Terms As In Terrorem Devices, Colin P. Marks

Faculty Articles

Online shopping has quickly replaced the brick-and-mortar experience for a large portion of the consuming public. The online transaction itself is rote: browse items, add them to your cart, and check out. Somewhere along the way, the consumer is likely made aware of (or at least exposed to) the merchant's terms and conditions, via either a link or a pop-up box. Such terms and conditions have become so ubiquitous that most consumers would be hardpressed to find a merchant that doesn't try to impose them somewhere on their website.

Though such terms and conditions are pervasive, most consumers do not …

Let My Arm Be Broken Off At The Elbow, Chad J. Pomeroy

Faculty Articles

Though the American legal system is deferential toward religion and churches, it is undeniable that the Church of Latter-day Saints-and other like organizations-are not just churches. They are, instead, important participants in the market economy, some of them global business enterprises of major proportions. This twinning of profit and spirit is seamless for many religions, with numerous modem churches preaching a "prosperity gospel" that promises spiritual and temporal blessings in return for donations."' Still other churches-such as the Church of Scientology-directly charge for religious services that are "necessary" for spiritual improvement and advancement in the church hierarchy. And still others …

Can God Create A Rock So Heavy That He Cannot Lift It?: Outlawing Pensions Under State Constitutions, Chad J. Pomeroy

Faculty Articles

Public pensions are a problem. More than twenty-seven million people participate in state and local government pension plans. And those plans are in the hole trillions of dollars. This means that state and local governments are going to have to raise additional trillions in taxes (or shift those trillions away from schools, police, firemen, or other spending targets) to satisfy these obligations.

What can be done about such a large, seemingly intractable problem? A number of states have installed specific pension funding requirements within their constitutions. Most state constitutions contain some kind of balanced budget requirement, and a number of …

Shooting Fish, Michael L. Smith

Faculty Articles

Many academic legal articles begin with sweeping statements concerning the majesty of law, often noting that "the life of the law has not been logic: it has been experience" and that "the law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics." This is not one of those articles, as it gets straight to the point, asking the question that's on everyone's mind: if you're walking next to a stream, river, lake, or pond, and you happen to see …

Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman

Faculty Articles

All of Texas was once part of Mexico. Texas has never forgotten it. This is the historical basis for much of the Texas Latino population's struggle for equal educational opportunities. This article will discuss those struggles endured by the Latino population in their quest for equal educational opportunity from the time of Texas's entry into the Union in 1845 to present-with greater emphasis on the last half century. In each Section, I will briefly describe the history of discrimination against Mexican- Americans in that segment of education history and the relationship between the developments in that segment of education history …

It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin

Faculty Articles

Like it or not, Transnational Corporations (TNCs) are taking an increasingly active role in larger societal issues and debates. Whether it's a social advocacy campaign that seeks to reduce violence and bullying, a decision by a pharmacy company to stop selling tobacco products, or a sportswear company's decisions to take a stand in solidarity with an advocate's resistance to police brutality, TNCs are becoming increasingly vocal regarding their role in larger societal issues.

But there is a darker side to the increased intermingling between corporations and the larger societal impact; namely the potential for a corporation to be involved, or …

Global Platform Governance: Private Power In The Shadow Of The State, Hannah Bloch-Wehba

SMU Law Review

Online intermediaries—search engines, social media platforms, even e-commerce businesses—are increasingly required to make critical decisions about free expression, individual privacy, and property rights under domestic law. These requirements arise in contexts that include the right to be forgotten, hate speech,“ terrorist” speech, and copyright and intellectual property. At the same time, these disputes about online speech are increasingly borderless. Many laws targeting online speech and privacy are explicitly extraterritorial in scope. Even when not, some courts have ruled that they have jurisdiction to enforce compliance on a global scale. And governments are also demanding that platforms remove content—on a global …

Antidiscriminatory Privacy, Ignacio Cofone

SMU Law Review

Law often blocks sensitive personal information to prevent discrimination. It does so, however, without a theory or framework to determine when doing so is warranted. As a result, these measures produce mixed results. This article offers a theoretical framework for determining, with a view of preventing discrimination, when personal information should flow and when it should not. It examines the relationship between precluded personal information, such as race, and the proxies for precluded information, such as names and zip codes. It proposes that the success of these measures depends on what types of proxies exist for the information blocked and …

Front Matter

SMU Law Review

No abstract provided.

“Hashing” In The Cloud: The Private Search Defense Is Active And Potent, Tri T. Truong

SMU Law Review

No abstract provided.

Tribal Sovereignty And Online Gaming: Fantasy Sports Offer Tribes What Other Games Do Not, Cody Wilson

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

The Lessons Of 1919, Lackland H. Bloom

SMU Law Review

One hundred years ago, the Supreme Court embarked on its first serious consideration of the First Amendment’s guarantee of freedom of speech. In 1919, the Court upheld four federal criminal convictions over First Amendment defenses. Three of the majority opinions were written by Justice Holmes. In the fourth, he offered a classic dissent. Two of the cases, Frohwerk v. United States and Debs v. United States, are of middling significance. The other two, Schenck v. United States and Abrams v. United States, are iconic. From these cases have sprung an expansive and complex jurisprudence of free speech. The …

Born In Dissent: Free Speech And Gay Rights, Dale Carpenter

SMU Law Review

It is no stretch to say that Justice Oliver Wendell Holmes created the modern First Amendment a hundred years ago in his opinions in Schenck and Abrams. It is equally true that the First Amendment created gay America. For advocates of gay legal and social equality, there has been no more reliable and important constitutional text. The freedoms it guarantees protected gay cultural and political institutions from state regulation designed to impose a contrary vision of the good life. Gay organizations, clubs, bars, politicians, journals, newspapers, radio programs, television shows, web sites—all of these—would have been swept away in …

Speech And Exercise By Private Individuals And Organizations, Kent Greenawalt

SMU Law Review

No abstract provided.

Falsity And The First Amendment, G. Edward White

SMU Law Review

This Article considers the extent to which the exclusion of forms of speech from the coverage of the First Amendment has turned on the falsity of statements within the excluded categories. It does so, first, by reviewing the Supreme Court’s early and mid-twentieth century free speech decisions, to demonstrate that none of the principal cases in which the Court swept a particular category of expression within the First Amendment’s coverage involved speech that was false; and, second, by suggesting that when the Court first announced that some “breathing space” was required for factually inaccurate statements about public officials or private …

Originalist Reflections On Constitutional Freedom Of Speech, Christopher Wolfe

SMU Law Review

In this brief Article, I would like to offer some reflections on the First Amendment freedom of speech and press guarantee from an originalist perspective. This area seems to me to be one that is particularly difficult for originalists, and I think that there is insufficient acknowledgment of that fact among them.