Digital Commons Network^™

He Said, She Said: Plausible Pleadings For Reverse Title Ix Claims, James Bunster

Touro Law Review

No abstract provided.

Discretionary Injustice: Limiting Due Process Rights Of Undocumented Immigrants Upon Removal After Re-Entry, Brendan Dauscher

Touro Law Review

No abstract provided.

Qualified Does Not Mean Over Qualified: The Ada’S Accommodation Of Last Resort Should Not Be A Competition!, Dana Ortiz-Tulla

Touro Law Review

No abstract provided.

Uncle Sam’S Dilemma: Whether Prioritizing Confederate Memorials Over National Sentiment Is A Monumental Mistake, Hayley A. Valla

Touro Law Review

No abstract provided.

Selling Sex: (More) Evidence For Decriminalization, Faelynn Carroll, Walter E. Block

Touro Law Review

This paper makes a case for decriminalization of sex work in response to recent legislation restricting sex workers’ access to online platforms and to the COVID-19 pandemic. Using a feminist economic lens, we summarize the current understanding of sex work markets and analyze how agency and stigma are affected by increasingly limited access to online platforms as well as by the social and economic restrictions of COVID-19. We analyze sex work from the point of view of the same labor economics that would be applied to any other industry, rather than as a romanticized or demonized group of sexual deviants, …

Of Arms And The Militia: Gun Regulation By Defining “Ordinary Military Equipment”, Edward J. Curtis

Touro Law Review

Recent mass shootings have placed pressure on Congress and state legislatures to regulate semi-automatic rifles and handguns in the interest of public safety. However, the Second Amendment provides that, “[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. There is no obvious public safety exception.

Semi-automatic rifles, handguns, and other kinds of arms can be regulated more effectively by defining the “ordinary military equipment” militia members are expected to provide. This may be accomplished using the rationale employed by the United States …

Mercy In American Law: The Promise Of The Adoption Of The Outlook Of Jewish Law, Yehiel Kaplan

Touro Law Review

Under Jewish law, mercy and compassion are essential principles to ensure the presence of a just legal system. Not only do mercy and compassion in the law preserve traditional values of human dignity, implementing a more compassionate legal system has practical benefits in both the spheres of legal judgment and of legal punishment. This article will compare the Jewish legal system’s application of these necessary doctrines to how other modern legal systems, including the American legal system, implement mercy and compassion. As a result of this in-depth comparison, this article recommends that the American legal system, and other modern legal …

Fixing What’S Broken: The Outdated Guidelines Of The Sca And Its Application To Modern Information Platforms, Lutfi Barakat

Touro Law Review

In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to afford privacy protections to electronic communications and it has not changed since its inception. The ECPA has proven problematic as technology has advanced, but Congress has not modified the law to reflect this change. Courts have struggled to apply the law to both old technologies that have been updated and new technologies that have emerged. The ECPA needs to be revised to reflect the new advances in technology or be repealed and replaced with a new approach. This will ensure that consumer data will be safeguarded while in the …

Locking The Golden Door And Throwing Away The Key: An Analysis Of Asylum During The Years Of The Trump Administration, Samantha B. Karpman

Touro Law Review

The years of the Trump Administration have certainly been some of the most divisive in modern American political history. One of the largest divides arose from former President Trump’s brazen, “zero tolerance” immigration policies that relentlessly attacked many forms of immigration coming into the United States. Asylum-based immigration, which allows immigrants to come to this country as a safe haven when they are fleeing persecution in their home countries, was one of former President Trump’s main targets. Former President Trump even came dangerously close to eliminating asylum-based immigration with his “Death to Asylum” policy in December of 2020. President Biden …

Debunking “De Minimis” Violations Of Prisoners’ Religious Rights: Further Problems With The Supreme Court’S “Hands Off” Approach, Samantha Sparacino

Touro Law Review

Circuits are split as there continues to be an inconsistent application of Supreme Court doctrine stemming from the notion of the separation of church and the state. Imprisonment does not strip a wrongdoer of his constitutionally guaranteed rights and protections. Some Circuits have held that a minor, or de minimis, interpretation of an inmate’s religious rights can constitute a substantial burden under the Religious Land Use and Institutionalized Persons Act. In the absence of clear direction from the Supreme Court, I propose that courts should refrain from determining the value of a religious belief or practice as it relates …

Nanoporous Gold Monolith For High Loading Of Unmodified Doxorubicin And Sustained Co-Release Of Doxorubicin-Rapamycin, Jay Bhattarai, Dharmendra Neupane, Bishal Nepal, Alexei Demchenko, Keith Stine

Chemistry & Biochemistry Faculty Works

Nanoparticles (NPs) have been widely explored for delivering doxorubicin (DOX), an anticancer drug, to minimize cardiotoxicity. However, their efficiency is marred by a necessity to chemically modify DOX, NPs, or both and low deposition of the administered NPs on tumors. Therefore, alternative strategies should be developed to improve therapeutic efficacy and decrease toxicity. Here we report the possibility of employing a monolithic nanoporous gold (np-Au) rod as an implant for delivering DOX. The np-Au has very high DOX encapsulation efficiency (>98%) with maximum loading of 93.4 mg cm−3 without any chemical modification required of DOX or np-Au. We provide …

Nanoporous Gold Monolith For High Loading Of Unmodified Doxorubicin And Sustained Co-Release Of Doxorubicin-Rapamycin, Jay K. Bhattarai, Dharmendra Neupane, Bishal Nepal, Alexei V. Demchenko, Keith J. Stine

Chemistry & Biochemistry Faculty Works

Nanoparticles (NPs) have been widely explored for delivering doxorubicin (DOX), an anticancer drug, to minimize cardiotoxicity. However, their efficiency is marred by a necessity to chemically modify DOX, NPs, or both and low deposition of the administered NPs on tumors. Therefore, alternative strategies should be developed to improve therapeutic efficacy and decrease toxicity. Here we report the possibility of employing a monolithic nanoporous gold (np-Au) rod as an implant for delivering DOX. The np-Au has very high DOX encapsulation efficiency (>98%) with maximum loading of 93.4 mg cm−3 without any chemical modification required of DOX or np-Au. We provide …

Utilization Of Scholarly Journals By University Teaching Faculty Members, Muhammad Naeem, Khurram Shahzad

Library Philosophy and Practice (e-journal)

The main objectives of this study were to investigate the use scholarly journals by the faculty members at GC University Lahore, to investigate the preferred format of journals, and to furnish the recommendations for making effective utilization of journals at Universities. Survey method is selected for this study. The target population of this study was the all-academic faculty members of GC University Lahore. To determine the sample size of the target population, convenience sampling technique was used. The researcher designed a semi-structured questionnaire as data collection instrument on the basis of extensive literature review. The researcher used primary and secondary …

Shifting Contour Of Data Sharing In Financial Market And Regulatory Responses: The Uk And Australian Models, Han-Wei Liu

Research Collection Yong Pung How School Of Law

Starting from Directive 2015/2366 on Payment Services in the Internal Market — known as PSD II in the European Union (EU) — countries across the world have or are contemplating a new framework to govern data sharing among different players in the financial market. “Open Banking,” as this trend is called, requires or encourages — depending on the regulatory models adopted in different jurisdictions — banks to share consumer-permissioned banking data with third parties securely, in a form that facilitates its use. The Open Banking initiatives have diffused from the EU, and the UK, to elsewhere. The current Open Banking …

China’S Bilateral Investment Treaties, Heng Wang

Research Collection Yong Pung How School Of Law

This chapter focuses on the changes and trends in Chinese bilateral investment treaties and relatedly investment rules of China’s free trade agreements. It analyzes a number of questions: what is the changing context of China’s bilateral investment rulemaking? How to understand the evolution of China’s bilateral investment treaties? What are the major features in China’s recent practice? What are the shifts on investment dispute settlement?

Spandeck: A Relational View Of The Duty Of Care, Kian Peng Soh

Research Collection Yong Pung How School Of Law

The use of a general framework in the determination of a duty of care has seemingly fallen out of favour following the UK Supreme Court’s decision in Robinson. Relying on the example of the Spandeck framework in Singaporean jurisprudence, this piece presents the argument that such frameworks, being consistent with a relational conception of tort law, can provide a useful means of determining whether a duty of care exists. In so doing, this piece addresses some criticisms of the relational view and re-emphasises the important role the duty of care plays in the tort of negligence.

Evolution Of International Investment Agreements In Africa: Features And Challenges Of Investment Law “Africanization”, Makane Moïse Mbengue, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

African States, African Regional Economic Communities (RECs), and the African Union have adopted a number of new investment instruments in recent years. Many of these instruments are highly innovative and mark a clear departure from old European-styled IIAs. The Africanization of international investment law or, in other words, the prise en main of African States and organizations to design the regulation of international investment according to their policy and development priorities has become an evident contemporary phenomenon. At the same time, the most innovative approaches can be found in intra-African IIAs, i.e., in IIAs concluded between two or more African …

How Competition Ideals Are Emasculated In Key Industries In China, And Pathways To Reform, Dermot Cahill, Jing Wang

Fordham International Law Journal

No abstract provided.

Venturing East: The Involvement Of The International Criminal Court In Post-Soviet Countries And Its Impact On Domestic Processes, Dr. Iryna Marchuk, Aloka Wanigasuriya

Fordham International Law Journal

No abstract provided.

Apple, The Government, And You: Security And Privacy Implications Of The Global Encryption Debate, Rafita Ahlam

Fordham International Law Journal

No abstract provided.

In Search Of A Fair Share: Article 112 Norwegian Constitution, International Law, And An Emerging Inter-Jurisdictional Judicial Discourse In Climate Litigation, Petra Minnerop, Ida Røstgaard

Fordham International Law Journal

No abstract provided.

Moving Beyond Thoughts And Prayers: A New And Improved Federal Assault Weapons Ban, Esther Ness

Fordham International Law Journal

No abstract provided.

What’S Your Privacy Worth On The Global Tech Market? Weighing The Cost Of Protecting Consumer Data Against The Risk That New Legislation May Stifle Competition And Innovation During This Global, Technological Revolution., Sydney Wolofsky

Fordham International Law Journal

No abstract provided.

Who’S Off Limits? How Inconsistent Interpretation Of The Imminence Requirement Under Article 51 Of The Un Charter And Ineffective Accountability Protocols Expand Who Can Be Targeted And When Under The United States Targeted Killing Program, Maria Chrysanthem

Fordham International Law Journal

No abstract provided.

Paradox In Practice: A Reckoning Of The Common Law’S Antiquated, Prejudiced Felony Murder Rule, Julia Tedesco

Fordham International Law Journal

No abstract provided.

Journeying With Communities: A Community Engagement And Organizing Handbook For University Extension Workers, Mark Anthony Dayot Abenir, Abegail Martha S. Abelardo, Froilan A. Alipao, Melanie D. Turingan

Development Studies Faculty Publications

This handbook highlights the public and social mission of higher educational institutions (HEI) through Community Engagement; a term that brings forth the important use of Participatory Action Research (PAR) and Community Organizing for Community Development (COCD). The unique contribution of this handbook is that it specifically situates HEI Community Engagement within the unique historical context of the Philippines; thus adding a Philippine voice in the literature of Community-Engaged Scholarship (CEnS). It also provides activity exercises and case studies where readers can situate themselves and apply the theories; concepts; and tools they have learned so they can enhance the Community Engagement …

Icts And Transnational Householding: The Double Burden Of Polymedia Connectivity For International ‘Study Mothers’, Yang Wang, Sun Sun Lim

Research Collection College of Integrative Studies

In contemporary society, information and communication technologies (ICTs) are widely cherished for helping transnational households preserve a coherent sense of familyhood despite geographical separation. By virtue of the constant connectivity bestowed by ICTs, international migrants and their left-behind family members can remain involved in the mundane experiences of each other’s everyday lives and perform familial responsibilities from afar on a daily basis. However, the same polymedia environment that serves as the ‘social glue of transnationalism’ can also bring about deficiencies and potential negative implications for family functioning and well-being of family members. Drawing on both literature review and empirical evidence, …

Beyond The Screen: Transnational Networks In Early Southeast Asian Cinema, Espena Darlene Machell

Research Collection College of Integrative Studies

National cinemas in Southeast Asia did not appear in isolation. The emergence and development of national cinemas across the region were facilitated by key transnational connections and influences. This article explores three transnational factors that helped pave the way for the emergence of the national cinemas in postcolonial Southeast Asia. Travelling across borders to collaborate with one another, Southeast Asian filmmakers shared their ideas, filmmaking techniques, and political ideals. Hollywood productions also influenced their craft. All these ideas and influences would find their way into the films they created. Facilitating the transnational exchange and productions were the ethnic Chinese who …

Can Personhood Protect The Environment? Affording Legal Rights To Nature, Nicola Pain & Rachel Pepper

Fordham International Law Journal

No abstract provided.

Tactical Nuclear Weapons Cannot Comply With The Law Of Armed Conflict, Evan Richardson

Fordham International Law Journal

No abstract provided.