Digital Commons Network^™

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.

Towards A Control-Centric Account Of Tort Liability For Automated Vehicles, Jerrold Tsin Howe Soh

Research Collection Yong Pung How School Of Law

Existing motor vehicle accident laws are generally described as ‘driver-centric’, since regulatory, liability, and insurance obligations revolve around drivers. This is sometimes taken to imply that they cannot apply to automated vehicles. This article seeks to re-centre the liability discussion around the tortious doctrine of control. It argues centrally that properly understanding legal control as influence over metaphysical risks, rather than physical objects, clarifies that automated vehicles are both legally controllable in theory, despite having no human drivers, and legally controlled in practice, despite their reliance on machine learning. Examining today’s automated driving technology and businesses, this article demonstrates how …

A Deep Learning Model To Predict Traumatic Brain Injury Severity And Outcome From Mr Images, Dacosta Yeboah, Hung Nguyen, Daniel B. Hier, Gayla R. Olbricht, Tayo Obafemi-Ajayi

Chemistry Faculty Research & Creative Works

For Many Neurological Disorders, Including Traumatic Brain Injury (TBI), Neuroimaging Information Plays a Crucial Role Determining Diagnosis and Prognosis. TBI is a Heterogeneous Disorder that Can Result in Lasting Physical, Emotional and Cognitive Impairments. Magnetic Resonance Imaging (MRI) is a Non-Invasive Technique that Uses Radio Waves to Reveal Fine Details of Brain Anatomy and Pathology. Although MRIs Are Interpreted by Radiologists, Advances Are Being Made in the Use of Deep Learning for MRI Interpretation. This Work Evaluates a Deep Learning Model based on a Residual Learning Convolutional Neural Network that Predicts TBI Severity from MR Images. the Model Achieved a …

Summer Vacation In The Wild: An Historical And Archaeological Study Of Timber Land Fraud In The Tobacco Plains, Montana, Tyler Jay Rounds

Graduate Student Theses, Dissertations, & Professional Papers

During the 19th and early 20th century, Congress passed several laws intended to allow average Americans the chance to acquire portions of the public domain for their own benefit. However, contemporary observers and historians alike have noted that several of these laws—especially the Homestead Act and the Timber and Stone Act—were instead used by speculators and lumber companies to amass large landholdings by orchestrating and purchasing fraudulent entries. Local historical tradition suggests that Eureka Lumber Company, Bonners Ferry Lumber Company, and J. Neils Lumber Company employed this tactic within the Kootenai National Forest (KNF), though the veracity of such claims …

Nitrogen Dynamics And Transport Along Flowpaths In A Rural Wetland-Stream Complex, Colton Kyro

Graduate Student Theses, Dissertations, & Professional Papers

Human activities have doubled the rate of nitrogen inputs onto the landscape resulting in elevated nitrogen concentrations in our streams. Anthropogenically applied nitrogen is largely transported to stream networks via groundwater movement. Groundwater discharge occurs in distinct points along a stream but whose influences can often persist far beyond that area due to insufficient biogeochemical removal of imported nitrogen potentially causing alterations in community structure and precipitating large algae blooms. To understand the factors governing nitrogen abundance in a historical polluted stream, I used a mass-balance approach to quantify groundwater-surface water interaction and the magnitude of groundwater nitrogen input and …

Probiotic Vsl#3 Treatment Reduces Colonic Permeability And Abdominal Pain Symptoms In Patients With Irritable Bowel Syndrome, Prapaporn Boonma, Jordan M Shapiro, Emily B Hollister, Shyam Badu, Qinglong Wu, Erica M Weidler, Bincy P Abraham, Sridevi Devaraj, Ruth Ann Luna, James Versalovic, Margaret M Heitkemper, Tor C Savidge, Robert J Shulman

Children’s Nutrition Research Center Staff Publications

Background: Little is known regarding the clinical impact of treatment and treatment duration of probiotic VSL#3 on gut and microbiome function in irritable bowel syndrome (IBS). As part of a safety trial, we assessed the effect of VSL#3 treatment duration on abdominal pain, stooling, gut permeability, microbiome composition and function.

Methods: Adults with IBS were randomized into an open label trial to receive the probiotic VSL#3 for 4 or 8 weeks. Adverse events, abdominal pain, and stooling patterns were recorded daily. Gut permeability, fecal bile acid levels, and microbiome composition were profiled at baseline and after treatment.

Results: Fifteen subjects …

Scheduling Based Optimization In Software Defined Radio And Wireless Networks, Nathan Daniel Price

Doctoral Dissertations

"The objective of this work is to enable dynamic sharing of software-defined radio (SDR) transceivers through the concepts of hardware virtualization and real-time resource management. SDR is a way to build a digital radio that consists of a software back-end for digital signal processing (DSP) and an analog front-end transceiver for waveform generation and reception. This work proposes the use of a virtualization layer to decouple back-end SDR software from front-end transceivers. With this arrangement, front-ends are said to be virtualized, and it becomes possible to share a limited number of front-ends among many SDR back-ends through different multiplexing techniques. …

"Its Own Little City": Service Work In Truck Stops, Michelle Elizabeth Williams

Graduate Student Theses, Dissertations, & Professional Papers

Montana truck stops act as a meeting place for long-haul truckers, vacationers, local commuters, and the workers simply trying to earn a living. The employees at such truck stops must navigate working-class customer service norms while interacting with a unique and diverse set of customers. The ethnographic and interview data that I collected during the 2020 offers a unique view of how customer service employees fared during political unrest, global health concerns, and financial struggle. Additionally, this study highlights the power dynamics that exist in the service industry by examining how such dynamics manifest in the interactions surrounding face masks, …

Reading The Bones: A Taphonomic Investigation Of Archaeofaunal Remains Recovered From Site 48pa551, Northwest Wyoming, Morgan H. Thurman

Graduate Student Theses, Dissertations, & Professional Papers

This is a preliminary taphonomy study of archaeofaunal remains found at site 48PA551, more commonly known as the Dead Indian Creek Site. 48PA551 is a well-known and commonly cited example of a McKean Complex occupation dating to between 3,800 and 4,800 B.P. The University of Montana held a field school at the site conducting small test excavations under the supervision of Dr. Anna Marie Prentiss in 2018. In the course of this testing a highly fragmentary bone bed consisting mostly of mammalian bone, cervids largely, was discovered eroding into the nearby creek. Ten 50 x 50 cm quadrants were excavated …

Summit Learning And Rural Montana Teacher Efficacy, A Phenomenology, C. Roch Turner

Graduate Student Theses, Dissertations, & Professional Papers

Following the global COVID-19 pandemic, schools across the United States experimented with online learning platforms. Prior to that, hundreds of schools adopted the Summit Learning platform, meant to supplement face-to-face learning with digital instruction and curricula. This study is a qualitative phenomenology exploring the lived experiences of teachers in two rural Montana schools that have adopted the Summit Learning platform and maintained its use into the pandemic. Participants of this study taught core courses, such as math, science, and history. Results of this study indicate a high level of curriculum modification and support from leadership. Participants reported modified changes to …

Aquatic Locomotion In Birds – Biomechanics, Morphometrics, And Evolution, Anthony Barrett Lapansky

Graduate Student Theses, Dissertations, & Professional Papers

The entire diversity of life on earth exists in air or water. Whether an organism lives in air or water provides the most fundamental description of its physical world and establishes an organism’s ecological niche on the most essential level. Because these two fluids are vastly different from one another, they also dictate, via the process of natural selection, the morphology and physiology of the organisms which call them home. By studying how organisms interact with these fluids – to locomote or obtain food, for example – we have the ability to not only link organism form and function, but …

A Novel Technique To Improve Capture Success Of Common Ravens, Lindsey R. Perry, Terrah M. Owens, Zachary T. Slick, Jimmy D. Taylor, Jonathan B. Dinkins

Human–Wildlife Interactions

Traditional trapping techniques for common ravens (Corvus corax; raven) require significant effort, often produce low capture rates, and cannot be used in some situations. We designed a 3-m noose pole to secure ravens from nocturnal roost locations while using a strobe spotlight to temporarily disorient them. We collected measures of trapping efficiency and contrasted them with padded leghold traps also used in the study. We effectively implemented our noose pole method in July and August of 2018, 2019, and 2020 in the Baker and Cow Lakes sage-grouse (Centrocercus urophasianus) Priority Areas of Conservation in eastern Oregon, …

Efficacy Of Manipulating Reproduction Of Common Ravens To Conserve Sensitive Prey Species: Three Case Studies, Corina A. Sanchez, Brianne E. Brussee, Peter S. Coates, Kerry L. Holcomb, Seth M. Harju, Timothy A. Shields, Mercy Vaughn, Brian G. Prochazka, Steven R. Mathews, Steffen Cornell, Chad V. Olson, David J. Delehanty

Human–Wildlife Interactions

Expansion of human enterprise across western North America has resulted in an increase in availability of anthropogenic resource subsidies for generalist species. This has led to increases in generalists’ population numbers across landscapes that were previously less suitable for their current demographic rates. Of particular concern are growing populations of common ravens (Corvus corax; ravens), because predation by ravens is linked to population declines of sensitive species. Ecosystem managers seek management options for mitigating the adverse effects of raven predation where unsustainable predator–prey conflicts exist. We present 3 case studies examining how manipulating reproductive success of ravens influences …

Testa, Crain, And The Constitutional Right To Collateral Relief, Carlos Manuel Vázquez, Stephen I. Vladeck

Georgetown Law Faculty Publications and Other Works

In Montgomery v. Louisiana, the U.S. Supreme Court held that state prisoners have a constitutional right to relief from continued imprisonment if the prisoner’s conviction or sentence contravenes a new substantive rule of constitutional law. Specifically, the Court held that prisoners with such claims are constitutionally entitled to collateral relief in state court—at least if the state courts are open to other claims for collateral relief on the ground that their continued imprisonment is unlawful. In our article, The Constitutional Right to Collateral Post-Conviction Relief, we argued that, under two lines of Supreme Court decisions interpreting the Supremacy …

Delegation, Administration, And Improvisation, Kevin Arlyck

Georgetown Law Faculty Publications and Other Works

Nondelegation originalism is having its moment. Recent Supreme Court opinions suggest that a majority of justices may be prepared to impose strict constitutional limits on Congress’s power to delegate policymaking authority to the executive branch. In response, scholars have scoured the historical record for evidence affirming or refuting a more stringent version of nondelegation than current Supreme Court doctrine demands. Though the debate ranges widely, sharp disputes have arisen over whether a series of apparently broad Founding-era delegations defeat originalist arguments in favor of a more stringent modern doctrine. Proponents—whom I call “nondelegationists”—argue that these historical delegations can all be …

Federal Courts: Art. Iii(1), Art. I(8), Art. Iv(3)(2), Art. Ii(2)/I(8)(3), And Art. Ii(1) Adjudication, Laura K. Donohue, Jeremy M. Mccabe

Georgetown Law Faculty Publications and Other Works

The distinction among the several types of federal courts in the United States has gone almost unremarked in the academic literature. Instead, attention focuses on Article III “constitutional” courts with occasional discussion of how they differ from what are referred to as “non-constitutional” or “legislative” courts. At best, these labels are misleading: all federal courts have a constitutional locus, and most, but not all, federal courts are brought into being via legislation. The binary approach further ignores the full range of federal courts, which are rooted in different constitutional provisions: Art. III(1), Art. I(8); Art. IV(3); Art. II(2)/I(8)(3); and Art. …

Bivens And The Ancien Régime, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

In its most recent decision narrowly construing Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court derided Bivens as the product of an “‘ancien regime,’ ... [in which] the Court assumed it to be a proper judicial function to ‘provide such remedies as are necessary to make effective’ a statute’s purpose.” This Essay considers the relevance for Bivens claims of the Court’s shift to a nouveau régime to address the implication of private rights of action under statutes. It first describes and assesses the Court’s reasons for shifting to the nouveau r …

The Evolution And Jurisprudence Of The Foreign Intelligence Surveillance Court And Foreign Intelligence Surveillance Court Of Review, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The past eight years have witnessed an explosion in the number of publicly-available opinions and orders issued by the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review. From only six opinions in the public domain 1978–2012, by early 2021, eighty-eight opinions had been released. The sharp departure is even more pronounced in relation to orders: from only one order declassified during 1978–2012, since 2013, 288 have been formally released. These documents highlight how the courts’s roles have evolved since 2004 and reveal four key areas that dominate the courts’ jurisprudence: its position as a specialized, Article III …

The Case For Chevron Deference To Immigration Adjudications, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

Chevron skepticism is in vogue in legal academia, as Professors Shoba Wadhia and Christopher Walker’s recent entry in the genre demonstrates. They place their project within the broader academic trend of arguing for limitations on the application of deference to various administrative decisions, but their aim is ultimately narrower—to show that “this case against Chevron has * * * its greatest force when it comes to immigration.”

The Professors are incorrect. Immigration adjudication presents one of the strongest cases for deference to administrative adjudication. This case is founded in the text of the statute itself and its myriad general and …

In Search Of Equality For Women: From Suffrage To Civil Rights, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

This article analyzes women’s rights advocacy and its impact on the meanings of gender equality during the period from the achievement of suffrage in 1920 until the 1964 Civil Rights Act. It teaches that one cannot separate the conceptualization of equality or the jurisprudential philosophy underlying it from the dynamics and characteristics of the social movements that actively give it life. Social movements identify the institutions and practices that will be challenged, decisions that in turn determine which doctrinal issues will provide the raw material for jurisgenerative change. Without understanding a movement’s strategy and opportunities for action, one cannot know …

Arthur Linton Corbin, Gregory Klass

Georgetown Law Faculty Publications and Other Works

This chapter on Arthur Linton Corbin will appear in the forthcoming collection, Scholars of Contract Law. The chapter provides a brief summary of Corbin’s life, then discusses five topics: Corbin’s Socratic approach to the classroom and his introduction of the caselaw method at Yale; Corbin’s analytic approach, which was inspired by Hohfeld and is illustrated by Corbin’s definitions of “contract” and “consideration”; Corbin’s evolutionary theory of the common law, his understanding of the relationship between law and social mores, and his insistence that legal rules always be treated as mere “working rules”; Corbin’s occasional appeal, despite his general aversion …

Vertical Mergers In A Model Of Upstream Monopoly And Incomplete Information, Serge Moresi, David Reitman, Steven C. Salop, Yianis Sarafidis

Georgetown Law Faculty Publications and Other Works

We examine the role of private information on the impact of vertical mergers. A vertical merger can improve the information that is available to an upstream monopolist because, after the merger, the monopolist can observe the cost of its downstream merger partner. In the pre-merger world, because the costs of the downstream firms are private information, the monopolist has incomplete information and cannot implement the monopoly outcome: The expected pre-merger equilibrium price of the downstream product is lower than the monopoly price. After a vertical merger, the equilibrium input price that is charged to the downstream rival can either increase …

The Case Of The Dishonest Scrivener: Gouverneur Morris And The Creation Of The Federalist Constitution, William M. Treanor

Georgetown Law Faculty Publications and Other Works

At the end of the Constitutional Convention, the delegates appointed the Committee of Style and Arrangement to bring together the textual provisions that the Convention had previously agreed to and to prepare a final constitution. Pennsylvania delegate Gouverneur Morris drafted the document for the Committee, and, with few revisions and little debate, the Convention adopted Morris’s draft. For more than two hundred years, questions have been raised as to whether Morris covertly altered the text in order to advance his constitutional vision, but modern legal scholars and historians studying the Convention have either ignored the issue or concluded that Morris …

Race And Property Law, K-Sue Park

Georgetown Law Faculty Publications and Other Works

This chapter offers an outline for understanding the key role of race in producing property values in the history of the American property law system. It identifies major developments in the mutually formative relationship between race and property in America that made and remade property interests in America through the processes of 1) dispossessing nonwhites, 2) degrading their homelands, communities, and selves, and 3) limiting their efforts to enter public space and occupy or acquire property within the regime thereby established. First, it describes the use of law to create the two most important forms of property in the colonies …

The Corruption Of Copyright And Returning It To Its Original Purposes, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Since its inception, Copyright has had two purposes: the private interest of the author in being paid for her work and the public interest served by the dissemination of these works. Within the last two decades, though, some industries have systematically undermined both of those interests, redirecting the benefits of copyright towards themselves instead of the intended beneficiaries. This paper looks at the book, music, and entertainment industries, examines how copyright has been used to suppress the uses it was intended to foster, and explores ongoing and proposed avenues for course correction.

Restoring The Balance Of Copyright: Antitrust, Misuse, And Other Possible Paths To Challenge Inequitable Licensing Practices, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Libraries’ purposes of ensuring access to and preservation of information have been compromised as licensing increasingly replaces ownership. This article outlines various novel legal strategies that libraries could use to restore copyright’s intended balance, including antitrust, preemption, misuse, and unconscionability.

Trademarks As Surveillance Transparency, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

We know very little about the technologies that watch us. From cell site simulators to predictive policing algorithms, the lack of transparency around surveillance technologies makes it difficult for the public to engage in meaningful oversight. Legal scholars have critiqued various corporate and law enforcement justifications for surveillance opacity, including contract and intellectual property law. But the public needs a free, public, and easily accessible source of information about corporate technologies that might be used to watch us. To date, the literature has overlooked a free, extensive, and easily accessible source of information about surveillance technologies hidden in plain sight: …

Para-Ethnographic Study: The Project And Its Methodology, Gregory Shaffer

Georgetown Law Faculty Publications and Other Works

This paper explains the methodology that I use for my work, and it comes from the Preface of my book Emerging Powers and the World Trading System: The Past and Future of International Economic Law. This approach has an important ethnographic dimension when ethnography is viewed in a broad (but non-traditional) sense of participant observation of a field. The object of the study is the flow of norms and institutional practices in the field of international trade law, and, to a lesser extent, the related fields of international investment and intellectual property law. It is not a traditional ethnography …