Digital Commons Network^™

The Double-Side Of Deepfakes: Obstacles And Assets In The Fight Against Child Pornography, Abigail Olson

Georgia Law Review

Deepfake technology recently took the internet by storm. Although they can be used for both innocuous and nefarious purposes, deepfakes overwhelmingly depict people who appear to be creating nonconsensual pornography. The rise of deepfake technology must be accounted for in the existing federal legal framework, specifically in cases implicating images of children. While deepfakes’ malicious uses ought to be criminalized, exceptions should be made to use deepfake technology as a tool to enforce and deter purveyors of child pornography. This Note explores what the emerging legal framework addressing deepfakes should look like and considers the importance of using the “flipside” …

The Impact Of Social Capital On U.S. Based Destination Marketing Organizations And Interorganizational Relationships, Jeremy Fairley

Electronic Theses and Dissertations, 2020-2023

Previous literature echoes the notion that destination marketing organizations (DMOs) play a critical role in ensuring a desired tourism development scenario. To date, the performance measurement of destination marketing organizations is paralleled to financial indicators or operations, ignoring the presence and quality of relationships among DMOs and tourism stakeholders. Based on the premise of social capital theory, it is argued that social capital and the inter-organizational relationships between DMOs and tourism stakeholders can influence the success of tourism efforts in a destination, which in return is a contributing factor to the DMOs success as an organization. Furthermore, broader literature indicates …

The Antecedents Of Program Satisfaction And Program Loyalty For Hotel Reward Programs, Jill Plumer

Electronic Theses and Dissertations, 2020-2023

Hotel reward programs have been in existence for three decades. These programs were originally established as a customer relationship management tool to reward loyal guests for their patronage. Over time, there have been indications that the programs that are intended to inspire loyalty to the company have actually inspired loyalty to the program itself. The aim of this study was to analyze the antecedents of program satisfaction and program loyalty in hotels to determine the relationship between the program attributes and the impact on program loyalty. Switching costs were also analyzed to determine if they played a moderating role in …

Employing A Network Perspective To Study Hazardous Events In Tourism: Tourism Connections, Island Preferences, And Tourism Market Concentrations In The Hawaiian Islands (2015-2021), Frida Bahja

Electronic Theses and Dissertations, 2020-2023

The purpose of this study was to employ a network perspective to detect fluctuations in tourism (at the level of tourism areas and by inbound tourism markets) that co-occur with hazardous events. Specifically, the study focuses on the Air Travel Tourism (ATT) network of the Hawaiian Islands and its changes with the incidence of nine hazardous events from 2015 to 2021. The three main aspects of the ATT network, which include tourism connections, island preferences, and concentrations of inbound tourism markets were analyzed for a total of eighty-four monthly and seven annual network models. The results suggest that the network …

How Experts Have Dominated The Neuroscience Narrative In Criminal Cases For Twelve Decades: A Warning For The Future, Deborah W. Denno

Faculty Scholarship

Phineas Gage, the man who survived impalement by a rod through his head in 1848, is considered “one of the great medical curiosities of all time.” While expert accounts of Gage's post-accident personality changes are often wildly damning and distorted, recent research shows that Gage mostly thrived, despite his trauma. Studying past cases such as Gage’s helps us imagine—and prepare for—a future of law and neuroscience in which scientific debates over the brain’s functions remain fiery, and experts divisively control how we characterize brain-injured defendants.

This Article examines how experts have long dominated the neuroscience narrative in U.S. criminal cases, …

Rescinding Rights, Joseph Landau

Faculty Scholarship

No abstract provided.

Do Local Governments Really Have Too Much Power? Understanding The National League Of Cities' Principles Of Home Rule For The 21st Century, Nestor M. Davidson, Richard Schragger

Faculty Scholarship

This Article explains and defends the National League of Cities’ Principles of Home Rule for the 21st Century, which the authors participated in drafting. The Principles project both articulates a vision of state-local relations appropriate to an urban age and, as with previous efforts stretching back to the Progressive Era, includes a model constitutional home rule article designed to serve as the foundation for state-level constitutional law reform. This Article explains the origins of the Principles, outlines the major components of its model constitutional provision, and defends the model against a set of criticisms common to this and past home-rule …

Can The Fourth Amendment Keep People "Secure In Their Persons"?, Bruce A. Green

Faculty Scholarship

No abstract provided.

A Tale Of Two Civil Procedures, Pamela K. Bookman, Colleen F. Shanahan

Faculty Scholarship

In the United States, there are two kinds of courts: federal and state. Civil procedure classes and scholarship tend to focus on the federal, but refer to and make certain assumptions about state courts. While this dichotomy makes sense when discussing some issues, like federal subject matter jurisdiction, for many aspects of procedure this breakdown can be misleading. When understanding American civil justice, two different categories of courts are just as salient: those that routinely include lawyers, and those where lawyers are fundamentally absent.

This essay urges civil procedure teachers and scholars to think about our courts as “lawyered” courts—which …

Firearms And Protest: Lessons From The Black Tradition Of Arms, Nicholas J. Johnson

Faculty Scholarship

Kenosha was no aberration. Our history is filled with episodes of righteous protest boiling over into violence. Where violence is imminent, our traditions and laws allow innocents to use corresponding violence in self-defense. This arrangement is imperfect and demands hard thinking about how to refine and possibly improve it. One source of lessons toward this end is the experience of Black freedom fighters who navigated turmoil that dwarfs our current troubles. The principles that guided their struggle help frame a sphere of legitimate gun use during periods of civil unrest. These principles emerge from a considered philosophy and practice of …

Global Scripts In Transnational Legal Orders And Governance, Susan Block-Lieb

Faculty Scholarship

Global scripts—the rules, norms, and standards in international texts, and the tacit assumptions that surround and give meaning to them—exist on numerous issues (finance, trade, economic development, climate change, education, human rights, and gender equality), at every level of engagement (international, national, local), and at every phase of recursive norm construction and contestation. Case studies involving global scripts appear across a wide range of scholarship—considering sociological, anthropological, or sociolegal perspectives, or on international political economy, international organizations, international relations, or law and development—but because they are focused on one piece of the puzzle at a time, variation exists regarding the …

Reflections/Lovingkindness, Abner S. Greene

Faculty Scholarship

No abstract provided.

Lawyers And The Lies They Tell, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of their fiduciary relationships with courts and clients. For instance, states can sanction lawyers for some speech inside a courtroom that would be protected if uttered by a non-lawyer. This Article explores whether lawyers’ free speech rights should also be different from those of other speakers when lawyers, acting on their own behalf, participate in political discourse. Applying the current First Amendment framework, the authors question the bar’s assumption that, simply because lawyers are subject to rules of professional conduct, courts can …

Nonprofit Board Composition, Atinuke O. Adediran

Faculty Scholarship

This Article addresses a critical gap in the literature and current debates about the composition of nonprofit boards. The law of fiduciary duties and nonprofit governance best practices do not provide sufficient guidance on how to compose boards to empower the communities they serve. And even as the corporate sector is seizing on current important moments to debate the inclusion of employees and racial and ethnic minorities on corporate boards, nonprofit boards are largely left out of these debates. The Article introduces the concept of board capital, which originated from the for-profit management literature, but has gained a stronghold in …

Peter Shane: Looking Back And Looking Forward, James J. Brudney

Faculty Scholarship

No abstract provided.

Discussions In Dispute Resolution: The Foundational Articles, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

Bringing Up The Bodies, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Legitimizing Lies, Courtney M. Cox

Faculty Scholarship

Lies are everywhere today. This scourge of misinformation raises difficult questions about how the law can and should respond to falsehoods. Legal discourse has traditionally focused on the law’s choice between penalizing and tolerating lying. But this traditional framing vastly oversimplifies the law’s actual and potential responses. Using trade secrets as a case study, this Article shows that the law sometimes accepts lies as a legitimate option for fulfilling legal requirements and may even require lies in increasingly common circumstances.

Commonly supposed legal and moral commitments against lying do not undermine this reality. To the contrary, the Article reveals that …

Mala Prohibita, The Wrongfulness Constraint, And The Problem Of Overcriminalization, Youngjae Lee

Faculty Scholarship

The wrongfulness constraint, as a principle of criminalization, is supposed to preclude criminalization in the absence of wrongfulness. Crimes that look especially problematic from the perspective of the wrongfulness constraint are mala prohibita offenses. The aim of this Essay is to consider the question whether the wrongfulness constraint can serve as an effective tool to curb overcriminalization by looking at the case of mala prohibita offenses. This Essay defends the following propositions. First, because of the availability of an array of tools to defend various mala prohibita offenses as satisfying the wrongfulness constraint, it is often not a straightforward matter …

Negotiating Status: Pro Bono Partners And Counsels In Large Law Firms, Atinuke O. Adediran

Faculty Scholarship

Law firm pro bono work provides access to justice to low-income people and other vulnerable populations. The professionals that manage pro bono programs are at the forefront of that process. The limited available research on these professionals do not often distinguish lawyers from other managers or theorize about their status vis-à-vis other law firm lawyers. Yet the status of lawyers who are also managers of pro bono programs influences both their identities and the management and provision of legal services and advocacy. Drawing on original demographic and interview data, this article shows how law firm pro bono partners and counsels …

Innovation And Equality: An Approach To Constructing A Community Governed Network Commons, Rider W. Foley, Olivier Sylvain, Shelila Foster

Faculty Scholarship

Networked computing affords users distinct opportunities to communicate with each other, build relationships, transact business, and create. Yet, the digital divide perpetuates existing disparities between social groups. Interventions that rely on private ownership or philanthropy often fall short. Efforts to redress these disparities require collaboration across academic disciplines and with government and private sector organizations. This paper chronicles efforts in Harlem to address this through a collaborative approach to networked computing. We draw on two concepts--responsible innovation and co-governance--to sketch a community-based approach to networked computing. Second, the article identifies two potential systems, based in property law, through which a …

A New Telecommunications Act: Prioritizing Consumer Protection And Equality, Olivier Sylvain

Faculty Scholarship

Through the Telecommunications Act of 1996, Congress imposed long overdue duties and structural limits on the telephone, broadcasting, and cable industries. Though the 1934 law was bold and important, legislators unwittingly enabled a handful of companies to concentrate power in those markets.

As needed as it was, the Telecommunications Act also had flaws. Congress’s structureof- the-market approach in 1996 did not protect against disparities in consumers’ access. Nor did it (or could it) anticipate the informational harms that the internet would facilitate or enable.

These concerns ought to be the primary focus of reform today. To be sure, the Federal …

The False Promise Of General Jurisdiction, Maggie Gardner Gardner, Pamela K. Bookman, Andrew Bradt, Zachary Clopton, D. Theodore Rave

Faculty Scholarship

The Supreme Court has said that general jurisdiction provides at least one clear and certain forum to sue defendants, and that assumption has begun to shape the Court’s understanding of specific jurisdiction. But that assumption is wrong. General jurisdiction does not provide a guaranteed U.S. forum for foreign defendants or in cases involving multiple defendants. And even when defendants can be sued “at home,” such cases may be (and not infrequently are) dismissed for forum non conveniens, sometimes even when no alternative forum is available.

Nor is a regime reliant on a general jurisdiction backstop desirable. The Court’s narrowed version …

Impeaching Legal Ethics, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

In the investigations, hearings, and aftermath of President Trump’s first impeachment, lawyer-commentators invoked the rules of professional conduct to criticize the government lawyers involved. To a large extent, these commentators mischaracterized or misapplied the rules. Although these commentators often presented themselves to the public as neutral experts, they were engaged in political advocacy, using the rules, as private litigators often do, as a strategic weapon against an adversary in the court of public opinion. For example, commentators on the left wrongly conveyed that, under the rules, government lawyers had a responsibility to the public to voluntarily assist in the impeachment, …

Still Against Prosecutors, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Housing The Decarcerated: Covid-19, Abolition & The Right To Housing, Norrinda Brown

Faculty Scholarship

The coronavirus pandemic revealed the need to advance the right to housing and abolition movements. The need for advancements in both spaces was no more painfully apparent than among the recently decarcerated population. Securing housing for the recently decarcerated is particularly difficult due to the “culture of exclusion” that has long pervaded subsidized housing policy, enabled by a patchwork of federal laws, including the Anti-Drug Abuse Act (ADA) of 1988 and the Supreme Court’s ruling in HUD v. Rucker. The culture of exclusion is arbitrated by local housing authorities and works on three levels: eligibility, enforcement, and set asides. As …

Teacher Perceptions On The Impact Of Changes In Educational Practices And Student Learning For A Covid-19 Post-Pandemic Classroom: A Mixed Methods Study, Laine Smith

Doctor of Education Dissertations

The COVID-19 pandemic disrupted educational practices around the world, changed the instructional interface of the classroom and impacted student learning. The purpose of this research study was to identify teacher perceptions of this change, understand how teachers addressed those changes in the classroom, and determine what teachers saw as the next best steps to address student learning disparities going forward.

A mixed methods approach was used to conduct this research. Participants who completed the survey and/or mini focus groups were teachers in County X during the 2019-2022 school years. A thematic analysis was conducted for each mini focus group, quantitative …

Invasive Earthworms In The Crown Of The Continent System And Implications For Land Management, Meghan Elizabeth Scott

Graduate Student Theses, Dissertations, & Professional Papers

The United States contains invasive earthworms originating from Europe and Asia; the majority are European lumbricids. Direct introduction occurs primarily through human activity and, once established, earthworm populations are difficult to address. When exotic earthworms engage in bioturbation, they negatively alter subterranean food webs and nutrient cycling by disrupting soil layering systems. The most prominent form of physical alteration is the change and removal of the topmost organic layer. This disruption is associated with altered nitrogen and carbon cycling, as well as altered forest floor plant communities.

The Crown of the Continent ecosystem is located in southwestern Alberta, southeastern British …

The Introduction Of Veteran Service Organizations To The State Of Montana’S Department Of Corrections, Zachary C. Rehm

Graduate Student Theses, Dissertations, & Professional Papers

Veteran Service Organizations (VSO) exist throughout the United States and serve veterans, service members, dependents, and survivors. Some VSOs provide programming for veterans in their communities, such as job fairs, organizing fundraising events, raising awareness around the issues affecting veterans, assisting in the application process, and assisting in rehabilitation efforts. The American Legion specifically was chartered by Congress in 1919 as a 'patriotic veterans organization'. Since its conception, the Legion stands at nearly 2 million in membership, scattered throughout 13,000 posts worldwide. Most recent studies from the Justice of Bureau Statistics indicate that 8% of all incarcerated inmates are United …

My Partner Didn’T Hit Me, So It’S Not Abuse: Exploring Factors That Contribute To Labeling Psychological Abuse Experiences & Help-Seeking, Jessica Jean Peatee

Graduate Student Theses, Dissertations, & Professional Papers

Despite the prevalence and detrimental impacts of psychological abuse, research has consistently demonstrated that many survivors of intimate partner violence (IPV) do not recognize or label these experiences as forms of relationship violence (e.g., Goldsmith & Freyd, 2005; Pipes & LeBov-Keeler, 1997; Raymond & Bruschi, 1989). Several help-seeking models suggest that abuse recognition may be a critical factor for survivors in the help-seeking process (e.g., Burke et al., 2004; Liang et al., 2005). Thus, the present study took a mixed-methods approach to explore what factors survivors identified as important for labeling experiences of psychological abuse and seeking help. As rates …