Digital Commons Network^™

Reconceptualizing Presidents' Clemency Power Under The Framework Of Human Rights: The Right To Seek Capital Clemency In Taiwan, Mao-Hong Lin

Fordham International Law Journal

The incorporation of the International Covenant on Civil and Political Rights into Taiwan’s domestic law provided death row inmates with the legal basis to submit requests for the President’s mercy. However, Presidents have persistently ignored these requests without any response to the inmates, and the judiciary regularly dismissed the cases of the inmates by rendering decisions in support of the Presidents’ inaction. The court justifications for these decisions were that the clemency power falls under the executive prerogative, and that it is a political question in nature and therefore not subject to judicial oversight. This Article argues against these justifications. …

“Kill, Rape, Control”: Gender-Based Violence By Gang Members In El Salvador As Crimes Against Humanity Under International Criminal Law, Elizabeth Garrison

Fordham International Law Journal

In the Northern Triangle countries (El Salvador, Honduras, and Guatemala), gang violence, particularly against women, girls, and LGBTQ+ persons, results in gross violations of human rights and is a major driver of forced displacement. Gang members systematically use gender-based violence, including rape, femicide, kidnapping, sexual slavery, and persecution of LGBTQ+ persons, to exert territorial control over the local population. However, the international community has failed to recognize both the severity and systemic nature of gender-based violence by gang members. This Note—which focuses on El Salvador, but has implications for the rest of the Northern Triangle countries—argues that gender-based violence by …

Captain Hook To Space Crook: Towards A Convention On The Suppression Of Space Piracy, Vinita Singh

Fordham International Law Journal

While the commercial future of outer space endeavors is bright, parallels between outer space and the high seas and advances in modern technology suggest Space Piracy will become a real and serious peril to States and their nationals. Because preexisting international law does not adequately empower States to tackle this threat, States must proactively consider adoption of a Convention on the Suppression of Space Piracy. Based on the strengths and weaknesses of applicable law of the sea and criminal aviation law, this work offers draft language for two key provisions of this Convention—a definition of “Space Piracy” and a delineation …

The Participation Of Non-State Actors In The Bbnj Agreement's Area-Based Management Tools Regime: Successes And Roadblocks, Charlotte Verdon

Fordham International Law Journal

The recently adopted BBNJ Agreement creates a multilateral framework for the establishment of Area-Based Management Tools (ABMTs) in marine areas beyond national jurisdiction. Part of the process for establishing ABMTs under the new Agreement is the consultation of non-State actors (NSAs). ABMTs such as marine protected areas can negatively impact various NSAs, such as Indigenous Peoples that may rely on fishing in ABMTs for subsistence or cultural practices. At the same time, NSAs possess unique knowledge that can be instrumental in the design and management of ABMTs. The Article explores the theoretical and practical justifications for involving NSAs in the …

Swimming Against The Current: Ethiopia's Quest For Access To The Red Sea Under International Law, Mahemud Eshtu Tekuya

Fordham International Law Journal

In October 2023, Prime Minister Abiy Ahmed Ali declared access to the Red Sea is “an existential matter” for Ethiopia, reigniting the longstanding dispute with Eritrea over the Assab Red Sea coastal areas. This Article addresses the need for a peaceful resolution of this dispute while scrutinizing the legitimacy of Ethiopia’s claim for access to the Red Sea within the framework of international law. Contrary to the prevailing view among Ethiopian scholars, the Article argues that Ethiopia lacks a legitimate ownership claim over Assab or any parts of the Red Sea. However, it argues that Ethiopia, as a landlocked …

Universal Criminal Jurisdiction V. Universal Civil Jurisdiction: Why It Matters, Margaret Myaskovskaya

Fordham International Law Journal

No abstract provided.

The International Legal Framework Of Oceanic Shipping Of Carbon Dioxide For Permanent Storage, Carolina Arlota And Michael B. Gerrard

Fordham International Law Journal

No abstract provided.

Human Rights & The Rights Of Nature: Friends Or Foes?, Jérémie Gilbert

Fordham International Law Journal

No abstract provided.

Criminal "Apartheid" In The Occupied Palestinian Territory?: A Call For A More Nuanced Approach From The Perspective Of International Criminal Law, Kai Ambos

Fordham International Law Journal

No abstract provided.

Exile As A Human Rights Violation, Frédéric Mégret

Fordham International Law Journal

No abstract provided.

Selective Assistance As An Evidentiary Problem In Genocide Cases, Paul Behrens

Fordham International Law Journal

No abstract provided.

Not An Apartheid State, A Defamed State, Jeremy Rabkin

Fordham International Law Journal

No abstract provided.

A Decade Of Impunity: Finding Justice For The Yazidi Women Victims Of The Islamic State, Leah Calabro

Fordham International Law Journal

No abstract provided.

Shall We Dance? How Arbitral Tribunals And National Judiciaries Can Move In Tandem To Stop Corruption While Not Stepping On The Other's Toes, Jaimee Salgado

Fordham International Law Journal

No abstract provided.

The International Trade Law Implications Of Regulating E-Cigarettes: Lessons From Tobacco Litigation, Genevieve Wilkinson And Elizabeth Sheargold

Fordham International Law Journal

No abstract provided.

Book Review: Nuclear Weapons And International Law, Existential Risks Of Nuclear War And Deterrence Through A Legal Lense, 2 Volumes, Second Edition, By Charles J. Moxley Jr. (2024), Roger S. Clark

Fordham International Law Journal

No abstract provided.

Effect Of Various Irrigation Protocols And Antioxidant Application On Bonding Performance Of Two Adhesive Systems To Coronal Dentin, Nada Omar, Haidy N. Salem, Ahmed Abdou, Lamiaa M. Moharam

Chemical and Biochemical Engineering Faculty Research & Creative Works

Background: The aim was to evaluate the effect of different irrigation protocols and antioxidants application on the shear bond strength (SBS) of two different adhesive systems to deep coronal dentin at different temperature. Material and Methods: One hundred and twenty human premolar teeth were cut longitudinally in two halves, then the prepared specimens were allocated into four main groups according to the irrigation protocols; Distilled water (control), Sodium hypochlorite (NaOCl) + Ethylenediamine Tetra-acetic Acid (EDTA), and NaOCl + Editronate (HEDP), two subgroups according to irrigation solutions temperature; 4°C and 37°C, two divisions according to grape seed extract (GSE) application (with …

A Narrative Map Of Fort Missoula: Silence, Stillness And Death In Living Cultural Memory, Daniel A. Goldhamer

Graduate Student Theses, Dissertations, & Professional Papers

Fort Missoula is a rare site of history, memory, and narrative. This project seeks to trace the complex web of identities and relationalities at the Fort through a narrative map: a method that combines site-based ethnography and qualitative storytelling relying on first-person perspective. This methodological framework reveals that Fort Missoula’s distinct character lies in its role as a living archive of cultural memory, accessible through the past, present, and future narratives of its places and spaces. Engaging with the theories of Foucault (1972), de Certeau (1984), and Low (2017), the narrative map of Fort Missoula is a work that investigates …

Breathing Hard In Beautiful Places, Lars Chinburg

Graduate Student Theses, Dissertations, & Professional Papers

Chinburg, Lars, M.S., Spring 2024

Breathing Hard in Beautiful Places, Abstract

In Breathing Hard in Beautiful Places, Lars Chinburg explores his connections to the people and places that have made him who he is in a collection of personal essays. The collection is inspired by the talents of many writers–Bill Bryson’s wry travel observations, Norman Maclean’s lyricism on the interplay of nature and family, Sigurd Olson’s gorgeous descriptions of place, and David Sedaris’ knack for drawing hilarity out of the prosaic, among many others.

Many of the essays touch on the power of play as a force for good and …

Sudden Oak Death, Jeffrey William Guay

Graduate Student Theses, Dissertations, & Professional Papers

A novel set contemporaneously in rural Montana, Sudden Oak Death follows two protagonists, Wade and his teenage daughter Paige. Each are fighting different addictions, as Wade is in alcoholism recovery, and Paige recently came home from a drug treatment program. In order to succeed, Paige must reintegrate herself into public high school, despite suffering from undiagnosed dyslexia. Wade is raising his family as a single father, and struggles to maintain his emotional stability in the face of his own recovery.

An Endemic Issue: Malawi's Struggle To Prevent Childhood Malaria, Hailey A. Smalley

Graduate Student Theses, Dissertations, & Professional Papers

Malaria is one of the most prolific diseases in the world, generating hundreds of millions of cases and hundreds of thousands of deaths a year. In 2021, the World Health Organization initiated preliminary trials for the first malaria vaccine in three countries, including Malawi. This project explores the impact of the malaria vaccine on community perspectives and health outcomes related to malaria , describes ongoing challenges that health workers face when disseminating the vaccine, and explains how Malawi’s experience implementing the malaria vaccine reflects larger trends in international aid.

Better Understanding The Barred Owl, Adam Lee Potts

Graduate Student Theses, Dissertations, & Professional Papers

This thesis research presents an analysis of barred owl nest site selection in an understudied region of their expanded range. The barred owl has dramatically expanded its range westwards over the last 150 years, prompting multiple conflicting reinterpretations of their species account. Hypotheses of range expansion are reviewed to provide context for this study’s research. This study gathers empirical data on nest site selection in the mixed conifer forests of Montana’s Seeley-Swan and Mission Valleys. Eight barred owl nests were located following extensive territory surveys. Field measurements of tree height and diameter using USFS Forest Inventory and Analysis (FIA) plot …

Identifying And Predicting Patterns Of Snowpack Ripening With Machine Learning Methods, Clement Cherblanc

Graduate Student Theses, Dissertations, & Professional Papers

The timing of water release from the snowpack plays key roles in ecosystem services, groundwater recharge, and water resource management. However, two internal barriers in a standing snowpack must be overcome before runoff can outflow from the base: 1) the cold content must be exhausted, and 2) the interconnected network of snow grains must be filled with liquid water to residual saturation. Expressing the liquid water as latent heat allows the two barriers to be grouped as an energy (J/m²) to define a snowpack’s Runoff Energy Hurdle (REH). The growth and loss of REH is driven by evolution of pore …

Defining Lgbtqia2+ Specialized Substance Use Treatment Services From A Client-Informed Approach, Chonghui (Gabriella) Ji

Graduate Student Theses, Dissertations, & Professional Papers

Background: This study explored the concept of specialized substance use treatment services among a sample of Lesbian, Gay, Bisexual, Transgender, Queer and/or Questioning, Intersex, Asexual, and Two-Spirit (LGBTQIA2+) individuals: their definition, perceived barriers to receiving these services, and ways of improving such services. Having direct input from past and potential treatment-seeking LGBTQIA2+ individuals could help to deepen our understanding of how to meet the unique treatment needs of these populations.

Method: Data were collected from 219 LGBTQIA2+ individuals within the United States through an online and anonymous survey. Inclusion criteria for participation were self-identifying as LGBTQIA2+, being 18 years of …

Adjusting For Covariates Representing Potential Confounders, Mediators, Or Competing Predictors In The Presence Of Measurement Error: Dispelling A Potential Misapprehension And Insights For Optimal Study Design With Nutritional Epidemiology Examples, Roger S Zoh, Diana M Thomas, Carmen D Tekwe, Xiaoxin Yu, Colby J Vorland, Nikhil V Dhurandhar, David M Klurfeld, David B Allison

Children’s Nutrition Research Center Staff Publications

Background: Variables such as dietary intake are measured with error yet frequently used in observational epidemiology. Although this limitation is sometimes noted, these variables are still often modeled as covariates without formal correction or sincere dialogue about measurement unreliability potentially weakening the validity of statistical conclusions. Further, larger sample sizes increase power (bias) to detect spurious correlations. Counterintuitively, recent work suggested a non-monotonic relationship between confounder unreliability and how much controlling for the confounder reduces (or induces) bias when testing for an exposure-outcome association. If true, such non-monotonicity would be especially concerning for applications such as nutrition, where measurement reliability …

Catalyzing Communities Of Research Rigour Champions, Audrey C Brumback, William X Q Ngiam, Dana M Lapato, David B Allison, Christin L Daniels, Michael Dougherty, Haley F Hazlett, Kara L Kerr, Susan Pusek, Naomi Schrag

Children’s Nutrition Research Center Staff Publications

The biomedical sciences must maintain and enhance a research culture that prioritizes rigour and transparency. The US National Institute of Neurological Disorders and Stroke convened a workshop entitled 'Catalyzing Communities of Research Rigor Champions' that brought together a diverse group of leaders in promoting research rigour and transparency (identified as 'rigour champions') to discuss strategies, barriers and resources for catalyzing technical, cultural and educational changes in the biomedical sciences. This article summarizes 2 days of panels and discussions and provides an overview of critical barriers to research rigour, perspectives behind reform initiatives and considerations for stakeholders across science. Additionally, we …

Collect Spatiotemporally Correlated Data In Iot Networks With An Energy-Constrained Uav, Wenzheng Xu, Heng Shao, Qunli Shen, Jian Peng, Wen Huang, Weifa Liang, Tang Liu, Xin Wei Yao, Tao Lin, Sajal K. Das

Computer Science Faculty Research & Creative Works

UAVs (Unmanned Aerial Vehicles) Are Promising Tools For Efficient Data Collections Of Sensors In IoT Networks. Existing Studies Exploited Both Spatial And Temporal Data Correlations To Reduce The Amount Of Collected Redundant Data, In Which Sensors Are First Partitioned Into Different Clusters, A Master Sensor In Each Cluster Then Collects Raw Data From Other Sensors And Compresses The Received Data. An Energy-Constrained UAV Finally Collects The Maximum Amount Of Compressed Data From Different Master Sensors. We However Notice That The Compressed Data From Only A Portion Of Clusters Are Collected By The UAV In The Existing Studies, While The Data …

Resource Aware Clustering For Tackling The Heterogeneity Of Participants In Federated Learning, Rahul Mishra, Hari Prabhat Gupta, Garvit Banga, Sajal K. Das

Computer Science Faculty Research & Creative Works

Federated Learning Is A Training Framework That Enables Multiple Participants To Collaboratively Train A Shared Model While Preserving Data Privacy. The Heterogeneity Of Devices And Networking Resources Of The Participants Delay The Training And Aggregation. The Paper Introduces A Novel Approach To Federated Learning By Incorporating Resource-Aware Clustering. This Method Addresses The Challenges Posed By The Diverse Devices And Networking Resources Among Participants. Unlike Static Clustering Approaches, This Paper Proposes A Dynamic Method To Determine The Optimal Number Of Clusters Using Dunn Indices. It Enables Adaptability To The Varying Heterogeneity Levels Among Participants, Ensuring A Responsive And Customized Approach To …

Personalized Federated Graph Learning On Non-Iid Electronic Health Records, Tao Tang, Zhuoyang Han, Zhen Cai, Shuo Yu, Xiaokang Zhou, Taiwo Oseni, Sajal K. Das

Computer Science Faculty Research & Creative Works

Understanding The Latent Disease Patterns Embedded In Electronic Health Records (EHRs) Is Crucial For Making Precise And Proactive Healthcare Decisions. Federated Graph Learning-Based Methods Are Commonly Employed To Extract Complex Disease Patterns From The Distributed EHRs Without Sharing The Client-Side Raw Data. However, The Intrinsic Characteristics Of The Distributed EHRs Are Typically Non-Independent And Identically Distributed (Non-IID), Significantly Bringing Challenges Related To Data Imbalance And Leading To A Notable Decrease In The Effectiveness Of Making Healthcare Decisions Derived From The Global Model. To Address These Challenges, We Introduce A Novel Personalized Federated Learning Framework Named PEARL, Which Is Designed For …

Undeniable Authentication Of Digital Twin-Managed Smart Microfactory, Anusha Vangala, Ashok Kumar Das, Sajal K. Das

Computer Science Faculty Research & Creative Works

Smart Microfactories Use Additive Manufacturing to Create Products with Mixed Materials and Variable Sizes. Digital Twin Technology Enhances Control of the Additive Manufacturing Equipment in These Factories, Increasing Productivity and Minimizing Errors. the Digital Twins Communicate with the Machines to Furnish Sensitive Data and Instructions, Which Must Be Protected from Tampering. Authentication Rescues the Digital and Physical Twins from Menacing Attacks Such as Privileged Insider, Impersonation, Ephemeral Secret Leakage (ESL) and Man-In-The-Middle (MiTM) Attacks. to This End, We Propose Lightweight Authentication among the Digital and Physical Twins with the Undeniability of Issued Commands and Deniable Key Agreement. It Achieves Perfect …