Digital Commons Network^™

Jurisdictional Choice For Space Resource Utilization Projects: Current Space Resource Utilization Laws, Giannoni-Crystal, Francesca

Santa Clara Journal of International Law

Space resource utilization is coming. While some legal impediments exist, they are not insurmountable. The ban on the appropriation of resources found in Article II of the Outer Space Treaty (“OST”) does not apply to extracted resources, according to the most reasonable interpretation of Article II and the view held by almost all countries and the overwhelming majority of scholars. The Moon Agreement is not a barrier to space resource utilization because it has not been adopted by many countries (and none of the major space-faring ones). By contrast, the Artemis Accords, which have been signed by a significant number …

The Exceptional Unfairness Of The “Exceptional And Extremely Unusual Hardship” Test, Bin Mohsin, Momin

Santa Clara Journal of International Law

Legislators often face criticism for introducing ambiguous terms into law. The "exceptional and extremely unusual hardship" (EEUH) standard in U.S. immigration law is one such prominent example. Delving into a historical analysis, the article tracks the evolution of the EEUH standard from its incorporation in the Immigration and Nationality Act of 1952 to its current applications. Through a comprehensive survey across different jurisdictions such as the UK, Canada, and Australia, the paper exposes the inadequacies of the EEUH standard, emphasizing its obsolescence. Advocating for a paradigmatic reassessment, it proposes the replacement of the EEUH standard with the “best interest of …

Regulating The "Unregulated": The European Union And United Kingdom Have Put In Place Anti-Money Laundering Directives For The Art Market. Should The United States Follow?, Lauren A. Turner

Case Western Reserve Journal of International Law

No abstract provided.

Thunder Road: The Implementation Of The Representative Actions Directive In Europe, Alexandre Biard-Denieul

Emory International Law Review

In December 2020, the European Union adopted breakthrough legislation setting out new rules for collective redress—better known as “representative actions”—in Europe. EU Directive 2020/1828 gives representative entities the possibility to seek injunctive and/or compensatory measures on behalf of groups of consumers affected by mass harm situations. The EU Member States had until December 25, 2022 to transpose the European rules into their national legal systems. The transposition phase was expected to be key as the Directive gives significant leeway to the Member States to decide on several important procedural aspects likely to influence the overall functioning and effectiveness of representative …

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 …

How And When Post Intensive Care Syndrome-Family Is Measured: A Scoping Review, Kati Hayes, Sam Harding, Bronagh Blackwood, Jos M. Latour

School of Nursing and Midwifery

Objectives: Family members of Intensive Care Unit (ICU) patients can experience mental health difficulties. These are collectively described as Post Intensive Care Syndrome-Family (PICS-F). There are no standardised outcome measures to benchmark the impact of PICS-F. This scoping review aimed to map and characterise interventions, outcomes, and outcome instruments related to PICS-F. Methods: Eight databases were searched in June 2023: Pubmed, CINAHL, Ovid Medline, EMBASE, PsycInfo, AMED, Emcare and Cochrane. The grey literature was also searched. Studies published after 2012 related to PICS-F were included. Search strategy included: (Population) family members of adult ICU patients, (Concept) PICS-F, (Context) ICU settings. …

Association Of Life History Strategy And Mate Retention Behavior In Men And Women, Sepide Pazhouhi, Ray Garza, Farid Pazhoohi

School of Psychology

From an evolutionary perspective, both men and women use a variety of guarding tactics to keep their romantic partners in the relationship. For men, these benefits increase paternity certainty, while for women, they guarantee male investment in the woman and her children. The current research aimed to explore the association between life history strategy (LHS) and mate retention behaviors in men and women from Iran and the UK. We hypothesized that individuals with a slower life history strategy will show a positive association with benefit-provisioning mate retention (e.g., gift-giving, affection), and a negative association with cost-inflicting mate retention (e.g., emotional …

Loss Of The Scavenger Receptor Marco Results In Uncontrolled Vomocytosis Of Fungi From Macrophages, Chinaemerem U. Onyishi, Yusun Jeon, Gyorgy Fejer, Subhankar Mukhopadhyay, Siamon Gordon, Robin C. May

School of Biomedical Sciences

Vomocytosis, also known as nonlytic exocytosis, is a process whereby fully phagocytosed microbes are expelled from phagocytes without discernible damage to either the phagocyte or microbe. Although this phenomenon was first described in the opportunistic fungal pathogen Cryptococcus neoformans in 2006, to date, mechanistic studies have been hampered by an inability to reliably stimulate or inhibit vomocytosis. Here we present the fortuitous discovery that macrophages lacking the scavenger receptor MAcrophage Receptor with COllagenous domain (MARCO), exhibit near-total vomocytosis of internalised cryptococci within a few hours of infection. Marco^−/− macrophages also showed elevated vomocytosis of a yeast-locked C. albicans strain, …

International Ocean Discovery Program Expedition 399 Preliminary Report: Building Blocks Of Life, Atlantis Massif, Andrew M. Mccaig, S.Q. Lang, Peter Blum, Expedition 399 Scientists, Andrew Parsons

School of Geography, Earth and Environmental Sciences

No abstract provided.

Safer Keyham Community Survey: Phase Two Final Report 2024, Caroline Watson, Rebekah Southern, Zoe James, Katie Mcbride

School of Law, Humanities and Social Sciences

This report sets out the findings of the autumn 2023 community survey that was conducted in Keyham and the surrounding neighbourhoods of Ford, North Prospect, and Morice Town in Plymouth, Devon. The survey served as a comparison to the survey completed 12 months earlier for the Safer Keyham evaluation (Watson et al., 2023), which was an independent evaluation of the Home Office funded community policing and community safety activities and the Ministry of Justice funded victim support activities in Keyham and the surrounding areas following the shooting incident of 12 August 2021.The aims of the autumn 2023 survey were:• To …

The Digital "To Kill A Mockingbird": Artificial Intelligence Biases In Courts, Vera Lúcia Raposo

California Western International Law Journal

No abstract provided.

Protecting Traditional Knowledge And Indigenous Peoples' Rights: The Key To Developing International Environmental Laws That Promote Harmonious Relationships With Nature, Melissa A. Padilla

California Western International Law Journal

No abstract provided.

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 …

Board Of Editors & Table Of Contents, California Western International Law Journal

California Western International Law Journal

No abstract provided.

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.

Digital Physicians: Unleashing Artificial Intelligence In Transforming Healthcare And Exploring The Future Of Modern Approaches, Ban Salman Shukur, Mohd Khanapi Abd Ghani, Burhanuddin Bin Mohd Aboobaider

Mesopotamian Journal of Artificial Intelligence in Healthcare

Growing global awareness that attention to health care is the basis for maintaining citizens' quality of life. Health institutions seek to increase interest in electronic care services and enhance patient results by integrating artificial intelligence techniques. Artificial intelligence tools are indispensable to diagnosis, treatment, and patient care. Integrating artificial intelligence techniques into the development of the electronic healthcare environment works to enhance public health and disease prevention and provide free services to all citizens. Designing electronic platforms raises health awareness in society, provides health programs and initiatives, and reaches homes, gardens, schools, and universities through applications based on artificial intelligence. …

An Optimized Framework For Kidney Disease Detection And Prediction Using Dl Techniques, El-Sayed M. El-Kenawy, Marwa M. Eid, Ahmed M. Elshewey, Ahmed M. Osman

Mesopotamian Journal of Artificial Intelligence in Healthcare

In recent years, chronic kidney disease (CKD) has become a crucial public health concern and issue, resulting in serious mortality rates. Therefore, we introduce a powerful system for kidney disease diagnosis that develops up-to-date approaches and applications. Our powerful system is meant for early detection, individual patient monitoring, and optimal CKD patient outcomes. The study introduces a CKD detection ecosystem primarily intended for optimized early detection techniques to be able to manage significant weaknesses in current systems and also for proactive treatment. This ecosystem also provides medical practitioners with up-to-date diagnostic technology, incorporating advanced Convolutional Neural Networks (CNN) that guarantee …

Hybrid Model Approaches For Accurate Time Series Predicting Of Covid-19 Cases, Hussein Alkattan, Bashar Talib Al-Nuaimi, Alhumaima Ali Subhi, Benson Turyasingura

Mesopotamian Journal of Artificial Intelligence in Healthcare

This study compares the performance of ARIMA, LSTM, and hybrid models in predicting COVID-19 cases and analyzing forecast errors. Utilizing real-world data, the models were assessed for accuracy and trend prediction over numerous months. Heatmaps of prediction errors revealed that the hybrid model reliably outperformed ARIMA and LSTM by accomplishing lower error extents. The findings highlight the preferences of combining statistical and deep learning approaches for time series predicting. The results contribute to progressing predicting accuracy, which is basic for pandemic response arranging and public health administration.

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.