Digital Commons Network^™

Legal Issues In Tribal E-Commerce, Adam Crepelle

American University Business Law Review

No abstract provided.

Empirical Evidence On Robot Taxation: Literature Review And Technical Analysis, Bret N. Bogenschneider

American University Business Law Review

The literature on robot taxation has continued to expand since 2018 with numerous articles now referring to empirical evidence. The evidence presented in prior studies comprises abstract modeling and statistical pattern reviews with no statistically significant findings reported to date. Notably, one article is an advocacy piece by a tech lobbyist who at one point purchased priority Google results for the search "robot taxation." In some cases, technical errors are sufficient to reverse the stated results. Examples of error in empirical analyses include (i) motivated reasoning, such as the failure to model simpler or best explanations; (ii) lack of causal …

Recent Law Reforms In Eu Sustainable Finance: Regulating Sustainability Risk And Sustainable Investments, Felix Mezzanotte

American University Business Law Review

Responding to increasingly degrading environmental and social conditions, the European Commission has fostered important legal and regulatory reforms to achieve sustainable finance objectives in Europe. However, these reforms are numerous, complex, and fast-paced. They have proved difficult to grasp and contextualize, while adding to the intricacies of an already highly sophisticated EU legal and regulatory regime. This Article outlines and examines such reforms with the purpose of providing necessary insights into the current state of EU law and regulation in the area of sustainable finance. The first part of the Article conceptualizes the meaning of sustainability risk and of sustainable …

An Originalist Victory, J. Joel Alicea

Scholarly Articles

Roe v. Wade and Planned Parenthood v. Casey are no more. Like Plessy v. Ferguson before them, Roe and Casey were constitutionally and morally indefensible from the day they were decided, yet they endured for generations, becoming the foundation of a mass political movement that did all it could to prevent their overruling. Thus, like the overruling of Plessy, the overruling of Roe and Casey was by no means inevitable; it was the result of a half-century of disciplined, persistent, and prudent political, legal, and religious effort. The victory in Dobbs v. Jackson Women’s Health Organization was earned by …

The Role Of Adoption In Dobbs-Era Pro-Life Policy, Elizabeth Kirk

Scholarly Articles

It is incumbent upon those who wish to provide alternatives to abortion for pregnant women to advance policies that highlight the unique gifts of adoption in a way that ensures it is a meaningful option. Of course, there are many venues for this to occur, whether in education, media, advertising, private initiative, or legislation. The particular policy appropriate for each state will depend on many factors, including the availability of legal abortion.

Religious Liberty And Judicial Deference, Mark L. Rienzi

Scholarly Articles

Many of the Supreme Court’s most tragic failures to protect constitutional rights—cases like Plessy v. Ferguson, Buck v. Bell, and Korematsu v. United States—share a common approach: an almost insuperable judicial deference to the elected branches of government. In the modern era, this approach is often called “Thayerism,” after James Bradley Thayer, a nineteenth-century proponent of the notion that courts should not invalidate actions of the legislature as unconstitutional unless they were clearly irrational. Versions of Thayerism have been around for centuries, predating Thayer himself.

The Supreme Court took a decidedly Thayerian approach to the First Amendment in the first …

A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy Brustin

Scholarly Articles

Over the last four years, the US Supreme Court has granted certiorari in four immigration bond review cases. The sheer number of cases the Court has recently considered underscores the significance of this area of immigration law. Each case centers on whether the Immigration and Nationality Act or the Constitution mandates a bond review hearing after prolonged detention. Yet these cases leave unresolved the issue of whether initial bond hearings themselves meet the due process threshold required of civil confinement proceedings. Federal circuit and district courts have addressed aspects of this question and found procedural due process violations. However, most …

Long Covid And Medical Gaslighting: Dismissal, Delayed Diagnosis, And Deferred Treatment, Larry Au, Cristian Capotescu, Gil Eyal, Gabrielle Finestone

Publications and Research

While we know a lot more about Long Covid today, patients who were infected with Covid-19 early on in the pandemic and developed Long Covid had to contend with medical professionals who lacked awareness of the potential for extended complications from Covid-19. Long Covid patients have responded by labeling their contentious interactions with medical professionals, organizations, and the broader medical system as “gaslighting.” We argue that the charge of medical gaslighting can be understood as a form of ontological politics. Not only do patients demand that their version of reality be recognized, but they also blame the experts who hold …

Creating An Interpretive Edition Of "Sage And Spirit", Michael Crowley

Publications and Research

This paper reports on a practice-based research project designed to create a critically edited score of Bob Weir’s Sage and Spirit for solo guitar. Since no score exists for the piece, potential performers must first go through the time-consuming process of transcription as a way to learn how it works. This may deter potential performers who are either unfamiliar with the Dead’s music or lack formal training to undertake this preliminary work. This project was designed as an attempt to bridge the gap between what musical information is available through published sources and the concerns of the music’s potential performers. …

A Comparative Study Of Immigration Integration Programs For Selected City Governments In California, Oregon, Washington, And Texas, Christelle Lorenzana

Master's Projects

Over the last eight decades, immigration into the United States has increased and has become a prominent political issue in the United States (Pew Research Center, 2015). Although the federal government is responsible for enforcing immigration laws, municipalities work with immigrants directly in a more supportive role. Currently, no national policy focuses on integration or welcoming immigrants to the urban community. In recent decades, the federal government has focused on immigration enforcement, border control, and what to do about the influx of undocumented immigrants entering the U.S. However, cities are working to develop their own programs, tools, and policies to …

Evaluating The Entrepreneurship Ecosystem In Stockton, California, Angelina Abella

Master's Projects

In any community, entrepreneurs and small business owners play an important role in the fabric of the community. The concept of “community wealth-building” is the idea that cooperatives, Community Development Financial Institutes (CDFIs), impact investors, and local governments, can “...strengthen locally-rooted and locally-held businesses and investing vehicles…” (Field, 2015, n.p.). It is believed that keeping businesses local results in “...more local tax revenue, more local business activity and more local employment” (Field, 2015, n.p.).

Therefore, supporting an entrepreneur may contribute to the overall quality of life of the community by supporting them, their families, and their employees. This can be …

Conservation And Prevalence Of Sequence Paired Sites In Humans, Punit Sundar

Master's Projects

The completion of the Human Genome Project in 2003 made it possible to leverage the power of computers to quicken biological discoveries. The human genome contains rich information relevant to the proper functions of cells that is computationally arduous and costly to investigate in a laboratory setting. Specifically, gene expression levels in cells can be impacted when functionally relevant motifs in the DNA are mutated preventing proper transcription factor binding. To study the consequences of such mutations, it is necessary to first identify such functionally relevant regions of the genome using computational approaches. A signaling pathway that is of particular …

“When Will The Time Finally Come When There Will Only Be Humans”: An Unknown Letter From Beethoven To Heinrich Von Struve, Julia Ronge

The Beethoven Journal

Transcription, translation, and discussion of a recently discovered letter from Ludwig van Beethoven to Heinrich von Struve from 1795. In the letter, Beethoven expresses a yearning for a time when there are only humans, without distinctions of rank and class. This sentiment accords with Schiller’s ode An die Freude, which Beethoven set to music more than once.

Review Of Beethoven 1806 By Mark Ferraguto, Desmond Sheehan

The Beethoven Journal

No abstract provided.

“The Bonn Master-Baker Gottfried Fischer’S Reminiscences Of Beethoven’S Youth” [Des Bonner Bäckermeisters Gottfried Fischer Aufzeichnungen Über Beethovens Jugend]. Translated Into English, With Editorial Commentary And Notes., Susan Cooper

The Beethoven Journal

No abstract provided.

From “Radical Blunders” To Compositional Solutions: A Form-Functional Perspective On Beethoven’S Early Eroica Continuity-Sketches, Thomas Posen

The Beethoven Journal

Beethoven’s sketches to his third symphony, the Eroica, have fascinated scholars since Nottebohm’s pioneering study of the Eroica Sketchbook in the late nineteenth century. More recently, Alan Gosman and Lewis Lockwood finished a complete transcription of the sketchbook, which has led to a resurgent interest in these sketches. In this article, I re-evaluate Beethoven’s approaches to composing the first movement of the Eroica symphony by reappraising two supposed problems with the first two exposition continuity-sketches. Contrary to prior studies, which have interpreted these reputed compositional problems as “failed experiments” or “radical blunders” (Tovey 1941, 80), I interpret them …

Vicks In The Classroom: A Study On The Effects Of Teacher Cultural Awareness On Hispanic/Latinx Student Discipline, Arthur A. Maldonado

Dissertations

With the booming Hispanic/Latinx populations nationwide, particularly in the state of California, the disproportionate disciplining of this student population for minor infractions such as defiance is an issue that has persisted for many decades. Therefore, to better inform this phenomenon, a historical perspective and critical look into the cultural awareness of teachers was examined throughout this research. The purpose of this mixed-methods study was to examine the relationship between middle school teacher cultural awareness and the disciplining of Hispanic/Latinx students in the schools being studied. The findings in this study reveal cultural perceptions from teachers that current body of research …

Understanding Unrecognized Chicana Leadership: Adversity, Resilience, Healing, And Liberation, Blanca Tavera

Dissertations

The path to Chicana leadership is laced with struggle, adversity, and intergenerationaltrauma—but strengthened by resilience. This research focused on unrecognized Chicana leadership generated by adversity and in response to years, decades, and centuries of social injustices, inequities, and systematic oppression. Interviews and focus groups were conducted using a Chicana feminist epistemology lens and testimonio methodology. Culture, language, spirituality, and intuition were dominant factors in the research. From an intuitive knowing, the women of the study redefined notions of sacrifice, healing, resilience, leadership, and liberation. In modeling what their mothers and the women before them had done, they understood the embodiment …

“I Think I’Ve Always Thought I Have To Prove Myself”: Interpretations, Perceptions, And Teacher Sensemaking At A Distance, Rafael Zavala

Dissertations

This grounded theory, constant comparative method study provides a Critical Race Institutional Logics Perspective account of Latina teacher sensemaking of distance learning. Distance learning—while not a particularly new school initiative, school reform effort, or organizational change—brought forth an organizational change that unmasked racist systems and deficit policy models perpetuating persistent, pervasive, disproportionate, low academic achievement for Latinx students. This study looked at how Latina teachers made sense of and enacted distance learning from their own personal values, beliefs, perceptions, and or impressions. Particularly, this study analyzed the role of race and its effects in shaping Latina teacher practice through these …

Jparsec - A Parser Combinator For Javascript, Sida Zhong

Master's Projects

Parser combinators have been a popular parsing approach in recent years. Compared with traditional parsers, a parser combinator has both readability and maintenance advantages.

This project aims to construct a lightweight parser construct library for Javascript called Jparsec. Based on the modular nature of a parser combinator, the implementation uses higher-order functions. JavaScript provides a friendly and simple way to use higher-order functions, so the main construction method of this project will use JavaScript's lambda functions. In practical applications, a parser combinator is mainly used as a tool, such as parsing JSON files.

In order to verify the utility of …

Plasma Spheroidization Of Gas-Atomized 304l Stainless Steel Powder For Laser Powder Bed Fusion Process, M. Hossein Sehhat, Austin T. Sutton, Chia-Hung Hung, Ben Brown, Ronald J. O'Malley, Jonghyun Park, Ming-Chuan Leu

PSMRC Faculty Research

Particles of AISI 304L stainless steel powder were spheroidized by the induction plasma spheroidization process (TekSphero-15 spheroidization system) to assess the effects of the spheroidization process on powder and part properties. The morphology of both as-received and spheroidized powders was characterized by measuring particle size and shape distribution. The chemistry of powders was studied using inductively coupled plasma optical emission spectroscopy for evaluation of composing elements, and the powder’s microstructure was assessed by X-ray diffraction for phase identification and by electron backscattered diffraction patterns for crystallography characterization. The Revolution Powder Analyzer was used to quantify powder flowability. The mechanical properties …

Liquid Core Detection And Strand Condition Monitoring In A Continuous Caster Using Optical Fiber, Deva Prasaad Neelakandan, Dinesh Reddy Alla, Jie Huang, Ronald J. O'Malley

PSMRC Faculty Research

Real-time monitoring of the liquid core position during the continuous casting of steel has been demonstrated using low-cost distributed optical-fiber-based strain sensors. These sensors were installed on the containment roll support structures in the segments of a production continuous caster to detect the position of the solid–liquid interface and monitor the strand condition during the continuous casting. Distributed Fiber Bragg Grating sensors (FBGs) were used in this work to monitor strain at six roll positions in the caster. The sensor performance was first validated by comparing optical strain measurements with conventional strain gauge measurements in the lab. Next, optical strain …

Multimodal Ultrasound Imaging For Improved Metastatic Lymph Node Detection, Sidhartha Jandhyala

Dartmouth College Ph.D Dissertations

Head and neck squamous cell carcinoma (HNSCC) is the sixth most common cancer worldwide and is complex in nature due to the variety of organs located in the head and neck region. Knowing the metastatic state of the lymph nodes is paramount in accurately staging and treating HNSCC patients. Currently, metastatic lymph node detection involves the use of magnetic resonance imaging and/or x-ray computed tomography, followed by biopsies for histological confirmation. The main diagnostic criteria is the size of the nodes; however, current imaging methods are not 100% accurate due natural lymph node variability. Ultrasound imaging is able to provide …

Equitable Subordination Of A Claim Depends On Insider Status, Conduct Of The Claimant, And If There Was Harm, Nicholas Smargiassi

Bankruptcy Research Library

(Excerpt)

Equitable subordination is a remedial doctrine pursuant to which a creditor’s claim may be subordinated to other claims. The doctrine is designed to “undo or to offset any inequality in the claim position of a creditor that will produce injustice or unfairness to other creditors in terms of the bankruptcy results.” Equitable subordination is codified in section 510(c) of Title 11 of the United States Code (the “Bankruptcy Code”). Section 510(c) of the Bankruptcy Code “authorizes a bankruptcy court to ‘subordinate for purposes of distribution all or part of an allowed claim to all or part of another allowed …

The Barton Doctrine's Applicability To Suits Against Bankruptcy Trustees When The Bankruptcy Court Lacks Jurisdiction Over The Matter, Chelsea Frankel

Bankruptcy Research Library

(Excerpt)

In Barton v. Barbour, the Supreme Court established the general rule that a lawsuit cannot be brought against a receiver for acts done within their authority without leave of the court that appointed such receiver. The Court precluded a personal injury suit against a company's receiver without leave of the appointing court, finding that if the plaintiff were permitted to recover on his personal injury claim against the receiver, he would be recovering from the receivership property "without regard to the rights of other creditors or the orders of the court which is administering the trust property." The …

Ownership Status Of Inherited Retirement Accounts In Bankruptcy, Aron Kaplan

Bankruptcy Research Library

(Excerpt)

Immediately upon filing a petition for relief under title 11 of the United States Code (the “Bankruptcy Code”), a bankruptcy estate is created by operation of law that consists of the debtor’s assets from which the creditors will be repaid. The Bankruptcy Code states that the estate includes “all legal or equitable interests of the debtor in property as of the commencement of the case.” This broad language reflects Congress’s intent that there be sufficient assets in the estate to protect the interests of creditors.

Despite this broad legislative language, there are certain categories of property that the debtor …

Fdcpa Claims: Are Intangible Injuries “Concrete” Injuries?, Kimberly Moyal

Bankruptcy Research Library

(Excerpt)

The Fair Debt Collection Practices Act (“FDCPA”) was passed to prohibit a debt collector from engaging in abusive debt collection practices. The FDCPA serves to protect a consumer by giving a consumer a statutory claim against an abusive debt collector. In 2016, the U.S. Supreme Court, in Spokeo, Inc. v. Robins, ruled that a party pursuing a statutory claim, like an FDCPA claim, must meet the Article III standing requirements of the U.S. Constitution. To establish the first element of the Article III standing analysis, the plaintiff must prove that they suffered a “concrete and particularized” injury.

After …

A Hotel Does Not Meet The Definition Of "Single Asset Real Estate" And May Reorganize Under Subchapter V Of Chapter 11 Of The Bankruptcy Code, Patrick Canavan

Bankruptcy Research Library

(Excerpt)

Enacted via the Small Business Reorganization Act ("SBRA") in 2019, Subchapter V streamlines the reorganization process, allowing small business debtors to file bankruptcy in a timely and cost-effective manner. The goal behind the legislation is to encourage reorganizations, which will generally result in creditors receiving a higher distribution than in a liquidation and more small businesses surviving. Section 1182(1) of title 11 of the United States Code (the "Bankruptcy Code") limits those who can file a Subchapter V case to a "small business debtor" who does not own a "single asset real estate" project ("SARE"). Thus, if the debtor …

The Effect Of Insider Status On The Court's Approval Of A Key Employee Retention Plan, Perry Chresomales

Bankruptcy Research Library

(Excerpt)

When a company that has filed for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") seeks to retain essential employees through the course of its bankruptcy, the payments made with the goal of retaining key employees are subject to the requirements of section 503(c) of the Bankruptcy Code. These payment plans, also known as Key Employee Retention Plans or "KERPs", are designed to "provide certain Key Employees with a financial incentive to forgo seeking alternative employment during the Debtors' bankruptcy proceeding as well as after confirmation of a chapter 11 plan." In …

Courts Apply A Case-By-Case Analysis In Distinguishing A Meritorious Motion To Disqualify From A Delaying Litigation Tactic, Cathrena Collins

Bankruptcy Research Library

(Excerpt)

It is becoming increasingly rare for an attorney to remain at the same firm for an entire career. Lateral movements of lawyers coupled with large firms employing hundreds of attorneys creates ample opportunity for conflicts of interest to arise. The American Bar Association explains a conflict of interest is present when "there is a significant risk that a lawyer's ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the other lawyer's responsibilities or interest." Furthermore, Rule 1.10(b) dictates that a lawyer joining a new firm …