Digital Commons Network^™

Class Action Waivers In Arbitration Agreements: The Twenty-First Century Arbitration Battleground And Implications For The E.U. Countries, Linda S. Mullenix

Emory International Law Review

Without doubt the U.S. Supreme Court in the twenty-first century has been obsessed with the problem of corporate attorneys’ inclusion of class action waivers in arbitration agreements. This article traces the emergence of the class action waiver issue, which developed in tandem with the plaintiffs’ embrace and proliferation of class action litigation at the end of the twentieth century. The discussion comments on plaintiffs’ initial attempts to request and secure class arbitration where the arbitration clauses were silent, culminating in Supreme Court’s opinion permitting arbitrators to determine this issue. With the Court opening the door to possible classwide arbitration, corporate …

Will Climate Change Be The Next Grotian Moment?, Michael P. Scharf

Case Western Reserve Journal of International Law

Under the classic paradigm of international environmental law articulated in the 1941 Trail Smelter arbitration decision, States are responsible for downstream or downwind harm that crosses from their territory into another State. But climate change threatens not just neighboring States but the entire global commons. This Article explores whether the conditions are ripe for a “Grotian Moment”—a paradigm shifting development leading to accelerated formation of customary international law related to the human right to a healthy environment.

U.S. National Security And Climate Change, Alexandra E. Koch, Nicole K. Carle, Gregory P. Noone

Case Western Reserve Journal of International Law

As sea temperatures rise and natural disasters intensify, it is critical that the U.S. national security strategy actively include plans to account for global climate change and address the complex environmental and humanitarian challenges that parallel and are driven by rising temperatures, such as resource scarcity, forced displacement, and regional instability. Climate change acts as a “threat multiplier for instability” in some of the most volatile regions of the world and can contribute to rising tensions even in historically stable regions. Climate change can also lead to increased vulnerability of military infrastructure and logistics, undermine military readiness, and demand a …

Taxing Dirty Luxuries, Victoria J. Haneman

Case Western Reserve Journal of International Law

Dirty luxuries are items that are pleasant or nice to have, not necessities, that absolutely bludgeon the environment. From the merely affluent to the ultra-rich, consumers enjoying dirty luxuries, such as luxury clothing, private jets, superyachts, SUVs, and vacation cruises, drive one of the most polluting types of consumption on the planet. This Article explores the climate costs of dirty luxuries, considers the current and proposed international efforts to address the climate impact of these luxuries, and proposes structures by which these luxuries may be taxed to either reduce consumption or compensate for negative externalities.

Fossil Fuel Fraud, Wes Henricksen

Case Western Reserve Journal of International Law

In some recent climate litigation cases, plaintiffs have added a claim for common law fraud, in addition to the more traditionally pursued claims for nuisance, negligence, and trespass. Fraud claims against fossil fuel companies center on the decades-long campaign of climate change doubt that was organized, funded, and carried out by oil, gas, and coal industry leaders, as well as public relations firms and industry advocacy groups working on their behalf. But while the doubt campaign certainly fits the fraud mold—a purposeful effort to mislead for profit—because it was aimed at defrauding the public at large, rather than defrauding a …

Climate Change And Cross-Border Displacement: What The Courts, The Administration, And Congress Can Do To Improve Options For The United States, Kate Jastram

Case Western Reserve Journal of International Law

There is no doubt that the United States, even under existing law, could do much more to protect people displaced across international borders in the context of climate change and disasters. All branches of government have a role to play. Federal courts must thoughtfully assess litigants bringing asylum and CAT claims in the context of climate change and disasters. The administration must clarify interpretation of the refugee definition and use all available tools at its disposal to create new legal pathways as outlined in the White House Report. For its part, Congress must modernize the statutory basis for international protection …

Book Reviews

Jackson Purchase Historical Society Journal Archive

Book Reviews

Bourbon's Backroads: A Journey Through Kentucky's Distilling Landscape

River Shows, Blues, Ragtime, Jazz and Country Music: It All Equals Rockabilly, Part One

We Shall Conquer or Die: Partisan Warfare In 1862 Western Kentucky

Faith in Politics: Southern Political Battles Past and Present

Kentucky Quilts and Quiltmakers: Three Centuries of Creativity, Community, and Commerce

Across the Kentucky Color Line: Cultural Landscapes of Race from the Lost Cause to Integration

Rebels on the Border: Civil War, Emancipation and Reconstruction of Kentucky and Missouri

Toward the Corner of Mercy and Peace

Drowned Town

New Perspectives on Civil War Era Kentucky

The …

Andean Sediment Response To Natural And Anthropogenic Changes At The Catchment Scale, Jessica Kitch

School of Geography, Earth and Environmental Sciences Theses

Changing climate and population growth poses a challenge for the water, food and energy security nexus, particularly in glacier-fed mountainous catchments. Soil erosion, driven by both natural and anthropogenic activities, further exacerbates the challenge for resource security. Soil erosion is contributing to increased levels of sediment in river systems threatening crucial river functions, including crop irrigation, drinking water, and hydroelectricity. Past studies in the Andes regarding soil erosion have indicated that human activities have accelerated soil erosion and rates often exceed natural soil production. To date, the majority of Andean studies have primarily focused on larger eastern catchments, with fewer …

Policing The Strait: How China’S Policing Of The Taiwan Strait Violates The U.N. Convention On The Law Of The Sea, Elizabeth C. Parker

American University International Law Review

As tensions continue to grow across the Taiwan Strait, China is using domestic maritime law to justify an expansion of police power in the international waters of the Taiwan Strait in violation of international law. This Comment will argue that the People’s Republic of China has violated the UN Convention on the Law of the Sea (“UNCLOS”) by implementing non-resource-related police power in waters meant only for resource exploration and management. In comparing the language of China’s domestic maritime law with that of UNCLOS, this Comment will show that the People’s Republic of China has used domestic law to reinterpret …

The Conundrum Of The Essential Security Exception: Can The Wto Resolve The Gatt Article Xxi Crisis And Save The Dispute Settlement Mechanism?, Stephen Kho, Yujin Mcnamara, Sarah Kirwin, Brooke Davies

American University International Law Review

The continued blocking of Appellate Body members to the World Trade Organization’s dispute settlement mechanism has thrown the multilateral trading system’s most important governing body into an existential crisis. As a precondition for resuming the WTO’s dispute settlement functions, the United States has insisted that WTO Members agree that the “essential security exception” under Article XXI(b) of the General Agreement on Tariffs and Trade of 1994 is wholly self- judging and thus nonjusticiable. This article argues that the U.S. position is unsupported by the text, context, object and purpose, and negotiating history of Article XXI. Moreover, the U.S. position poses …

Repurposing The United Nations Trusteeship Council To Govern The Establishment Of Outer Space Settlements, Andrew Wulf

Northwestern Journal of International Law & Business

Current existing international law and treaties on outer space do not address or regulate private actors’ property claims or human settlements in outer space. American companies such as SpaceX and Blue Origin, as well as countries like the United States, Russia, and China, are seeking to create colonies on the Moon and Mars. However, there is no international legal authority to allow or regulate this. In order to legitimize and control this impending outgrowth of human settlements, this paper proposes that the U.N. Trusteeship Council be repurposed to govern non-state actors’ claims of outer space property.

First, this paper explains …

Do Ndcs Submitted By The Parties Under The Paris Agreement Imply Binding Commitments? A Legal Analysis, Sharaban Tahura Zaman

American University International Law Review

NDCs submitted by State Parties under the PA genuinely do not represent commitments and intentions from the author State to be legally bound by the pledges they’ve communicated within their submitted NDCs. While NDCs reflect the political will and aspirations of nations, tied to their socio-economic realities, they lack concrete, enforceable domestic mitigation standards. This dilemma poses pressing questions: If NDCs are primarily political declarations and domestic courts don’t hold states accountable for their submitted mitigation targets, how can we ensure states fulfill their pledges for mitigation? Can NDCs genuinely drive state behavioral change for energy transition? Furthermore, there is …

One Hundred Years Of Eeg For Brain And Behaviour Research, Faisal Mushtaq, Dominik Welke, Anne Gallagher, Yuri G Pavlov, Layla Kouara, Jorge Bosch-Bayard, Jasper J F Van Den Bosch, Mahnaz Arvaneh, Amy R Bland, Maximilien Chaumon, Cornelius Borck, Xun He, Steven J Luck, Maro G Machizawa, Cyril Pernet, Aina Puce, Sidney J Segalowitz, Christine Rogers, Muhammad Awais, Claudio Babiloni, Neil W Bailey, Sylvain Baillet, Robert C A Bendall, Daniel Brady, Maria L Bringas-Vega, Niko A Busch, Ana Calzada-Reyes, Armand Chatard, Peter E Clayson, Michael X Cohen

School of Psychology

On the centenary of the first human EEG recording, more than 500 experts reflect on the impact that this discovery has had on our understanding of the brain and behaviour. We document their priorities and call for collective action focusing on validity, democratization and responsibility to realize the potential of EEG in science and society over the next 100 years.

Right To Be Forgotten As A Legal Protection For The Victims Of Electronic Sexual Violence Cases, Putri Zaltina, Lidwina Inge Nurtjahyo

The Indonesian Journal of Socio-Legal Studies

The 2020 National Commission on Violence Against Women's Annual Records identified the rise of a new type of violence against gender in Indonesia, specifically electronic-based sexual violence (Kekerasan Seksual Berbasis Elektronik/KSBE) which is part of gender-based violence in the digital spaces or Online Gender-Based Violence (OGBV). In 2020, KSBE cases increased 300% compared to the previous year. So far, the arrangements for tackling KSBE perpetrators in Indonesia have been inadequate. Existing laws do not contain procedures that are sensitive to victims and lack a human rights and gender perspective. Currently, Indonesia has adopted a new regulation related to handling sexual …

Editorial Foreword Ijsls Volume 3 Number 2, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

This edition of the journal presents three articles on environmental issues. The first article examines the impact of tourism policies in the Komodo National Park on the indigenous peoples who inhabit the region. The second article analyses the efforts of Jakarta residents to access justice for clean water, while the third article considers the water conservation efforts that have resulted in land conflicts in Manggarai, Nusa Tenggara. The remaining two articles address women's issues, specifically the representation of women in parliament and the phenomenon of electronic-based sexual violence.

Optimizing Uav-Assisted Data Collection In Iot Sensor Networks Using Dual Cluster Head Strategy, Keiwan Soltani, Federico Coro, Sajal K. Das

Computer Science Faculty Research & Creative Works

The proliferation of the Internet of Things (IoT) has significantly impacted the integration of digital and physical realms, with Wireless Sensor Networks (WSN s) playing a crucial role. However, these sensor nodes often face challenges related to battery constraints and deployment in inaccessible terrains. The advent of Unmanned Aerial Vehicles (UAVs) presents a transformative solution, particularly for data collection from remote IoT devices. This work explores the application of UAV s to improve data collection in dense IoT sensor networks. We propose a novel approach called optimizing UAV-assisted data collection in IoT sensor networks using Dual Cluster Head (UAVDCH) that …

A Hypergraph Approach To Deep Learning Based Routing In Software-Defined Vehicular Networks, Ankur Nahar, Nishit Bhardwaj, Debasis Das, Sajal K. Das

Computer Science Faculty Research & Creative Works

Software-Defined Vehicular Networks (SDVNs) revolutionize modern transportation by enabling dynamic and adaptable communication infrastructures. However, accurately capturing the dynamic communication patterns in vehicular networks, characterized by intricate spatio-temporal dynamics, remains a challenge with traditional graph-Based models. Hypergraphs, due to their ability to represent multi-way relationships, provide a more nuanced representation of these dynamics. Building on this hypergraph foundation, we introduce a novel hypergraph-Based routing algorithm. We jointly train a model that incorporates Convolutional Neural Networks (CNN) and Gated Recurrent Units (GRU) using a Deep Deterministic Policy Gradient (DDPG) approach. This model carefully extracts spatial and temporal traffic matrices, capturing elements …

Warmonger Attack: A Novel Attack Vector In Serverless Computing, Junjie Xiong, Mingkui Wei, Zhuo Lu, Yao Liu

Computer Science Faculty Research & Creative Works

We debut the Warmonger attack, a novel attack vector that can cause denial-of-service between a serverless computing platform and an external content server. The Warmonger attack exploits the fact that a serverless computing platform shares the same set of egress IPs among all serverless functions, which belong to different users, to access an external content server. As a result, a malicious user on this platform can purposefully misbehave and cause these egress IPs to be blocked by the content server, resulting in a platform-wide denial of service. To validate the effectiveness of the Warmonger attack, we conducted extensive experiments over …

Secure Location-Based Authenticated Key Establishment Scheme For Maritime Communication, Saurabh Agrawal, Anusha Vangala, Ashok Kumar Das, Neeraj Kumar, Sachin Shetty, Sajal K. Das

Computer Science Faculty Research & Creative Works

Maritime communication helps vessels and ports plan their movements, exchange environmental information, and communicate among themselves. The vessels' movement and changing location are critical to keep them secure from data interception and data tampering by unauthorized parties during transmission. To secure maritime communication, we propose a novel lightweight authentication scheme sensitive to the current ship location. We assess the effectiveness of the proposed protocol in defending against a range of security threats while keeping communication and computation costs low and meeting the desired security and functional requirements of anonymity and untraceability. The detailed security analysis using the widely accepted Scyther …

The Monster In The Closet (Collectively, The Essays), Chanelle Burnett

Writing Beyond the Prison Living Archive

Creative Essays on Women prisoners; Humane treatment; Social Justice; Health care; Criminal Justice; Rehabilitation; Reform; Hypocrisy

Unmasked, Remecos Barley

Writing Beyond the Prison Living Archive

Essay on Self-realization; Self-help; Mental health

Hoodies In The Halls Of Power: A Rhetorical Materialist Critique Of Professional Decorum In The United States Senate, Ryan Cheek, Samuel T. Allen

English and Technical Communication Faculty Research & Creative Works

This brief paper explores the controversy surrounding Senator John Fetterman's sartorial choices of casual attire in the hyper-professionalized space of the United States Senate. Fetterman's clothing choices transcend mere fashion; they embody a statement of class identity and challenge the established power dynamics within the Senate. His attire reflects Pittsburgh's industrial and labor-oriented history, in contrast to the conventional, affluent image most associated with politicians. Although controversial, Fetterman's white male privilege minimized the consequences of his indecorous behavior. The reactions to Fetterman's attire highlight the debate over what constitutes appropriate professional decorum, unveiling the underlying biases and demonstrating how something …

2024 January, Morehead State University. Office Of Communications & Marketing.

Morehead State Press Release Archive, 1961 to the Present

Press releases for January of 2024.

Endorsing A Biophychosocial Perspective Of Pain In Individuals With Chronic Pain: Development And Validation Of A Scale, Maria Kleinstäuber, Eric L. Garland, Brittany L. Sisco-Taylor, Mathias Sanyer, Julia Corfe-Tan, Antonia Barke

Psychology Faculty Publications

Objectives:

Patients' beliefs about pain play an important role in their readiness to engage with chronic pain self-management. The central aim of this study was to validate a self-report instrument to assess a specific set of pain beliefs, patients' endorsement of a biopsychosocial model of chronic pain (PEB).

Methods:

Interdisciplinary experts in the field of pain were involved in creating an instrument, the PEB Scale, to operationalize patients' endorsement of a biopsychosocial pain model. A sample of 199 patients with chronic pain was recruited to evaluate the factorial structure (principal axis factoring), the internal consistency (Cronbach's alpha), the convergent …

Mental Workload As A Predictor Of Atco's Performance: Lessons Learnt From Atm Task-Related Experiments, Enrique Muñoz-De-Escalona, Maria Chiara Leva, José Juan Cañas

Articles

Air Traffic Controllers' (ATCos) mental workload is likely to remain the specific greatest functional limitation on the capacity of the Air Traffic Management (ATM) system. Developing computational models to monitor mental workload and task complexity is essential for enabling ATCOs and ATM systems to adapt to varying task demands. Most methodologies have computed task complexity based on basic parameters such as air-traffic density; however, literature research has shown that it also depends on many other factors. In this paper, we present a study in which we explored the possibility of predicting task complexity and performance through mental workload measurements of …

Recommendations To Internal Auditors Regarding The Auditing And Attestation Of Mathematical Programming Models, Jose Rincón, Greg Akai, Daryl Ono

Librarian Publications & Presentations

Mathematical programming planning models increase operational efficiency and minimize operating costs, but the underlying mathematics generally is complex. Combinatorial optimization is technically sophisticated which requires a strong quantitative background to successfully implement. Most internal auditors will not have the technical training to critically assess the underlying mathematics of mathematical programming planning models, but the internal auditor can still provide insight and attestation which can increase the efficiency of mathematical programming planning models.

Business Schools At A Crossroads: Navigating New Reality In American Higher Education, Anatoly Zhuplev, Jose Rincón

Librarian Publications & Presentations

This paper was accepted for presentation at the Applied Business and Entrepreneurship Association International (ABEAI) 20th annual conference (2024), in Wailea, Maui, Hawaii on November 16th - 19th. The paper explores the current higher education strategic landscape, identifies key trends and challenges, and offers insights into the future of B-education.

Discriminative Stimuli Promote The Efficacy Of Delay Tolerance Training, Katherine R. Brown, Samantha J. Nercesian

Psychology Faculty Publications

Schedule thinning occurs after functional communication training to teach individuals to tolerate delays to accessing functional reinforcers. One challenge that can emerge during schedule thinning is poor discriminated use of the newly taught functional communication response (FCR). Although prevalence of this treatment challenge remains largely unknown, it appears to be relatively uncommon during schedule thinning approaches that incorporate arbitrary discriminative stimuli. In contrast, several studies using naturalistic discriminative stimuli during delay tolerance schedule thinning have reported this treatment challenge. In the current study, we examined the efficacy of embedding arbitrary discriminative stimuli into delay tolerance schedule thinning to improve discriminated …

Direct Vs. Indirect Contact: A Naturalistic Experiment In Teaching Multicultural Competence, Elizabeth Tish Hicks, Melanie M. Domenech Rodríguez, Melissa Tehee

Psychology Faculty Publications

This study examines the impact of different types of intergroup contact with diverse others on students’ cultural awareness, knowledge, and skills. An undergraduate Multicultural Psychology course required direct intergroup contact by attending at least three multicultural events every semester. However, during the COVID-19 pandemic, this requirement was shifted to allow indirect intergroup contact activities. This paper examined differential shifts on students' cultural competence-related attitudes in sections where students were required to engage in direct intergroup contact (pre-pandemic) versus students who were allowed to engage in indirect intergroup contact (pandemic-transition and pandemic-prepared). Students across all course sections and semesters (N …

Understanding The Role Of Cultural Competence In Peer Mentorship Programs For International Students: A Student Development Theory Perspective, Nikheal Patel, Daniel W. Calhoun, Steven Tolman

Leadership, Technology & Human Development: Faculty Publications

International students often face challenges while pursuing higher education in a foreign country. These challenges can negatively impact their sense of belonging and community, resulting in social disconnection. Examining the role of culturally competent peer mentoring programs for international students can foster a sense of belonging among international students. Peer mentorship may provide international students with a supportive environment and community, helping them navigate university life. In contrast, student development theory can inform the design of programs and services that support international students in their transition to American higher education. These strategies can create a more inclusive and welcoming environment …