Digital Commons Network^™

The Centennial Of Meyer And Pierce: Parents’ Rights, Gender-Affirming Care, And Issues In Education, Ira C. Lupu

GW Law Faculty Publications & Other Works

This paper was prepared for a Symposium marking the centennial of the Supreme Court’s decisions in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). At their inception, Meyer and Pierce reflected constitutional principles of economic freedom and parental control of their children’s education. Part I traces the path of ideas put in motion by Meyer and Pierce. These include the decline of their economic freedom component and the broader grounding of their doctrines of parental authority. Eventually, the chameleon-like legacy of Meyer and Pierce stretched to include First Amendment concerns of religious exercise and knowledge acquisition, as …

Durability, Flexibility And Plasticity In The U.N. Convention On The Law Of The Sea, Sean Murphy

GW Law Faculty Publications & Other Works

The overall resilience of the U.N. Convention on the Law of the Sea during the forty years since its adoption in 1982—its durability, its flexibility and its plasticity in the face of myriad challenges that have unfolded over time—is largely attributable to certain design features within the Convention, to a willingness to ‘bend’ the Convention toward practical outcomes when necessary, and to the foresight of the drafters in closely tying the Convention to other agreements and standards, as well as to the general field of international law, so that the Convention might evolve as the world evolves. There are risks …

Feature Comment: Ethics, Compliance, And The Dispiriting Saga Of Craig Whitlock’S Fat Leonard, Steven L. Schooner

GW Law Faculty Publications & Other Works

This essay discusses the forthcoming book, Fat Leonard: How One Man Bribed, Bilked, and Seduced the U.S. Navy (480 pp, Simon & Schuster, 2024), authored by Washington Post investigative reporter, Craig Whitlock. The book chronicles the extraordinary ''Fat Leonard" saga (or scandal), involving Glenn Marine, an Asia-based ship husbanding contractor, and its "business" with the U.S. Navy. The animating character, not surprisingly, is Leonard Francis, and the book spans his career and demise, which eventually prompted investigations (of hundreds of Naval servicemembers, including 90 admirals), multiple criminal plea bargains, and a staggering number of military administrative actions.

On the one …

China's Anti-Secession Law: Background, Legal Significance, And Recent Developments, Donald C. Clarke

GW Law Faculty Publications & Other Works

What is the significance of China’s 2005 Anti-Secession Law (ASL) specifically as a legal document? In other words, how if at all is it different for any practical purpose from a policy announcement? Would anything be different if it did not exist at all? What was the point of having the National People’s Congress issue it instead of, for example, the State Council (whose Taiwan Affairs Office in 2022 issued a White Paper)? What was the point of calling it a law, instead of something like “An Announcement to Taiwanese Compatriots,” as the NPC Standing Committee had done in 1979? …

Guardians Of Ethics For The Profession Of Arms: Judge Advocates Assisting Commanders To Choose The Harder Right Over The Easier Wrong, Lisa M. Schenck

GW Law Faculty Publications & Other Works

This article provides an explanation of the unique and critical role of members of the Service Judge Advocate General’s Corps, not only as attorneys providing legal services to commanders, staff, personnel, and family members, but also as Guardians of Ethics for the military, the Profession of Arms. Moreover, military lawyers are key leaders who are responsible to lead or guide others to the right ethical decision. And when Judge Advocates are not present at the table to provide sage, educated, measured, advice—or fail to speak up and address potential ethical issues that arise or they are ignored— military leaders do …

Copyright And The Training Of Human Authors And Generative Machines, Robert Brauneis

GW Law Faculty Publications & Other Works

There are many limitations on copyright of which human authors can and do take advantage as they are learning. However, there is no blanket fair use immunity for use of copyrighted works to educate human authors, even though those authors typically do not go on to create substantially similar works. Human authors typically end up paying, directly or indirectly, for most of the copyrighted works from which they learn. Should it be different when human beings use copyrighted works to train generative AI models? This article concludes that it should not, in spite of two prominent arguments to the contrary. …

Compensation Under The Microscope: Michigan, Jeffrey Gutman

GW Law Faculty Publications & Other Works

The number of exonerees denied compensation in Michigan – 25 – is the third highest in the country, behind New York and California. As of this writing, there are 107 Michigan exonerees listed in the National Registry of Exonerations who have filed for state compensation. By comparison, of the 88 exonerees who filed in Ohio, only six have been denied. The purpose of this article is to analyze why the number of denials in Michigan is as high as it is. Part of the answer lies in a particularity of the Michigan compensation statute. The Michigan legislature is, however, considering …

The Implications Of Section 230 For Black Communities, Spencer A. Overton, Catherine Powell

GW Law Faculty Publications & Other Works

Section 230 of the Communications Decency Act generally immunizes online platforms such as Facebook, YouTube, Amazon, and Uber from liability for third-party user content (e.g., posts, comments, videos) and for moderation of that content. This article addresses an important issue overlooked by both defenders and critics of Section 230: the implications of the law and proposed reforms for Black communities. By relieving tech platforms of most legal liability for third-party content, Section 230 helps facilitate Black social activism, entrepreneurship, and artistic creativity. Further, Section 230 also relieves platforms of most legal liability for content moderation, which boosts platforms’ freedom to …

The Cost Of Justice At The Dawn Of Ai, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

Justice isn’t free, but it might soon get much less expensive. Policies concerning issues such as arbitration, class actions, and plea bargaining depend on how much legal services cost, but the legal literature has generally ignored past and future cost trends and their implications. The result is a legal system that may change dramatically because of economic forces without active consideration of potential responses. Part of the reason for the lack of attention is that changes in legal productivity can be difficult to measure or forecast. Some commentators have concluded that the legal sector has become more expensive in recent …

The Sentinel Stirs: Government Procurement Law After Loper Bright Enterprises, Christopher R. Yukins, Kristen Ittig, Nicole Williamson

GW Law Faculty Publications & Other Works

Administrative law – and by extension, government procurement law – is in a period of transition in the United States. The judiciary, sometimes alarmed by the perceived excesses of the administrative state, is reexamining the deference traditionally afforded agency interpretations of law. As part of that transition, the Supreme Court in Loper Bright Enterprises v. Raimondo (June 2024) overruled the test it first established in Chevron v. Natural Resources Defense Council (1984), which held that if a statute was ambiguous, the courts would defer to an agency’s reading of that statute so long as the agency’s interpretation was reasonable. This …

Constitutional Federalism And The Nature Of The Union, Anthony J. Bellia Jr., Bradford R. Clark

GW Law Faculty Publications & Other Works

Federalism is an essential feature of the Constitution’s design and structure, but the Constitution does not spell out every respective authority of the federal government and the States in precise detail. This omission has led some observers to embrace broad—if not unlimited—federal power and reject certain longstanding federalism doctrines—such as state sovereign immunity, the anti-commandeering doctrine, and the equal sovereignty of the States. The objection to such doctrines is that the Constitution does not affirmatively grant States these sovereign rights and powers. This charge overlooks long forgotten background context essential to faithful interpretation of the Constitution. The former British Colonies …

Hiding In Plain Sight: Erisa's Cure For The $1.4 Trillion Health Benefits Market, Amy Monahan, Barak D. Richman

GW Law Faculty Publications & Other Works

Since 1974, the Employee Retirement Income Security Act (ERISA) has imposed fiduciary duties on those who manage and administer employee benefit plans. But for the largest employee benefits – retirement benefits and health plans, which together constitute 13% of total national compensation – ERISA’s fiduciary duties have played very different roles. For retirement benefits, ERISA scrutinizes plan managers and requires employers to select plan investments with care. For health plans, there is a regulatory vacuum, as ERISA imposes few federal requirements yet preempts state efforts to ensure quality plan offerings. In short, ERISA has advanced protections for retirement plans but …

Enhancing Protection Of “Climate Refugees” In Destination Hubs: A Comparative Analysis Of Legal Mechanisms And Governance Challenges In The United States And India, Randall S. Abate, Chhaya Bhardwaj

GW Law Faculty Publications & Other Works

The plight of climate refugees is a global crisis that requires global cooperation and regional responses. The United States and India are important regional destination countries for climate refugees. “Climate refugees” are not recognized as a category of people entitled to protection in either country; however, legal mechanisms in both countries can be applied to cross-border displacement due to climate change. Part I of the article introduces the challenge of defining the term “climate refugees.” Part II addresses legal mechanisms in India that can be used to protect people displaced across the border as refugees or protected persons, and Part …

Sex, Lies, & Videotapes: Denial Of Wrongs Against Women, Laurie S. Kohn

GW Law Faculty Publications & Other Works

“He totally denies it . . . he says it didn’t happen.” With that, former President Donald Trump dismissed all allegations against then-Senate candidate Judge Roy Moore for sexual misconduct with minors. While in office and since then, Trump has repeatedly displayed the power of denial in the face of allegations of wrongdoing toward women. Trump is largely right that denial works. He is not alone in considering an accused’s denial as the end of the story, even in the face of strong contradictory evidence. In doing so, Trump merely echoes a dominant attitude in the United States. Our culture …

Causing Or Risking Climate Catastrophe, Donald Braman, Aaron Regunberg, David Arkush

GW Law Faculty Publications & Other Works

This Essay explores the potential criminal liability of major fossil fuel companies (FFCs) under state laws prohibiting reckless conduct that causes or risks catastrophe. Using Pennsylvania's criminal code § 3302 as a case study, we argue that FFCs' decades-long pattern of deceptive conduct regarding climate change—continuing to aggressively market and sell fossil fuels while actively concealing and denying the catastrophic risks their own scientists had identified—constitutes criminal behavior under these statutes. We demonstrate how FFCs' actions satisfy the key elements of these crimes: they created risks of catastrophe through their emissions and disinformation campaigns, acted recklessly in doing so given …

Finnimore & Fisher Inc. V. Town Of New Shoreham, 291 A.3d 977 (R.I. 2023)., Austin F. Gibilisco

Roger Williams University Law Review

No abstract provided.

2023 Rhode Island Public Laws

Roger Williams University Law Review

No abstract provided.

Barrier Breakers: Celebrating The Rhode Island Supreme Court’S First Female Majority, Kailey E. Chalmers

Roger Williams University Law Review

No abstract provided.

Premier Land Dev. V. Kishfy, 287 A.3d 19 (R.I. 2023)., Samantha Rhodes

Roger Williams University Law Review

No abstract provided.

State V. Morillo, 285 A.3d 995 (R.I. 2022)., Ryan J. Becker

Roger Williams University Law Review

No abstract provided.

Traditional Notions Of Fair Play And Substantial Justice?: The Interplay Between Remote Work, State Regulations, And Personal Jurisdiction, Kathryn M. Couture

Roger Williams University Law Review

No abstract provided.

The Battle Over Gender-Affirming Healthcare For Transgender Minors: Analyzing Anti-Transgender Healthcare Bills In Arkansas And Texas, Brandon Calton

Roger Williams University Law Review

No abstract provided.

Assessing Tax Revenue Implications Of Environmental Policy: A Case Study Of China’S Channel City Policy, Yongwen Yang, Juhee Lee

School of Earth, Environmental, & Marine Sciences Faculty Publications

Recent studies suggest that while environmental policies yield positive environmental effects, they also incur costs for various entities. However, there is a gap in research regarding these policies’ financial impact from the government's perspective. To investigate the extent to which government tax revenue is affected by environmental policies, we employ the Difference-inDifferences (DID) method to estimate the impact of a regional air pollution control policy in China known as the Channel City Policy on the tax revenue of city governments. Our findings indicate that the Channel City Policy (CCP) enhances air quality by reducing PM2.5, SO2, and NOx concentrations by …

Finops-Driven Cloud Optimization Models For Enterprise Applications, Manikantha Varaprasad Inakollu

Computer Science and Engineering Faculty Publications

Cloud computing has revolutionized enterprise IT infrastructure, yet escalating costs and resource inefficiencies threaten to undermine these benefits. This research examines FinOps-driven optimization models that enable organizations to balance cloud performance, cost efficiency, and business value. The study addresses the critical challenge enterprises face in managing cloud expenditures while maintaining operational excellence. Through comprehensive analysis of FinOps principles and practical optimization frameworks, we develop models that integrate financial accountability, technical efficiency, and business alignment. Our research demonstrates that organizations implementing structured FinOps practices achieve 25-40% cost reductions without compromising application performance. The study contributes both theoretical frameworks for understanding cloud …

Enhancing Erp Auditability And Compliance Using Permissioned Blockchain, A Framework For Transparent And Immutable Enterprise Resource Planning Systems., Manikantha Varaprasad Inakollu

Computer Science and Engineering Faculty Publications

Enterprise Resource Planning systems serve as the backbone of modern organizational operations, yet their centralized architecture creates significant challenges for auditability and regulatory compliance. This research proposes a permissioned blockchain framework to enhance ERP auditability by creating immutable, transparent, and traceable records of all system transactions and modifications. The study addresses critical gaps in current ERP systems where transaction histories can be altered, audit trails prove insufficient, and compliance verification remains cumbersome. Through examination of existing ERP limitations and blockchain capabilities, we develop an integrated architecture that maintains operational efficiency while providing cryptographic assurance of data integrity. Our framework employs …

European Union Sanctions Impact On The Sector Stock Prices – The Ukrainian War Effect?, Patrycja Chodnicka, Piotr Jaworski, Marcin Kot

Journal of Banking and Financial Economics

The aim of this paper is to analyze the current impact of the implementation of the European Union sanctions related to the Ukrainian War on the abnormal rates of return on the stock prices of companies listed on the stock exchanges. It was hypothesized that the implementation of the European Union sanctions related to the Ukrainian War is causing the varied abnormal rates of return on the stock prices of companies listed on the stock exchanges, taking into consideration the type of sector and the geographical proximity to the military conflict. The analysis used panel data event studies prepared using …

Expansionary Federal Monetary Policy And U.S. Banks’ Risk Profiles During The Covid-19 Pandemic-Induced Economic Recession, Maoyong Zheng, Cesar Escalante

Journal of Banking and Financial Economics

This study focuses on the pandemic phase when the U.S. economy dealt with significant economic recessionary pressures due to widespread, prolonged social mobility restraints. The Federal Open Market Committee (FOMC) promptly pursued expansionary policies, such as lowering the federal funds rate to almost zero until February 2022. This study employs a Dynamic Panel Data Generalised Moment Method Model (DPD-GMM) to analyse the impact of the COVID-19 pandemic’s economic shocks and FOMC’s expansionary policy on U.S. banks’ loan portfolio and asset complement risk profiles. Our analysis extends from two pre-pandemic years through the pandemic recession and recovery periods (until early 2022) …

The Planned Reforms Of The American And European Deposit Insurance Systems: Similarities And Differences, Konrad Szeląg

Journal of Banking and Financial Economics

Last year, at around the same time, two reforms of deposit insurance systems were announced – one in the United States and the other in the European Union. The American proposal of the reform was triggered by the banking crisis of March 2023 (bank runs and failures) and it was put forward by the Federal Deposit Insurance Corporation in May 2023. In Europe, the European Commission published in April 2023 its legislative proposal to reform the current EU framework for crisis management in the banking sector (including both deposit insurance and bank resolution). The EU proposal for the reform was …

Government Subsidy In The U.S. Mortgage Market: A Structural Analysis With Bunching, Bowen Shi, Yunhui Zhao

Journal of Banking and Financial Economics

It is crucial to better understand the U.S. residential mortgage market, where the global financial crisis originated. In this paper, we develop an infinite-horizon continuous-time structural model to study the effects of the longstanding and widespread Government-Sponsored Enterprises (GSEs) mortgage default insurance subsidy on U.S. mortgage underwriters’ equilibrium lending behaviour. Despite the richness of the model, we obtain analytical solutions for the equilibrium loan size and interest rate. We then employ truncated loan-level data to estimate the subsidy’s magnitude using maximum likelihood by exploiting a distinctive data feature that many borrowers bunch at the subsidy eligibility cutoff. We find that …

Indirect Measure Of Financial Constraints: Evidence From Unquoted Innovative Smes, Katarzyna Prędkiewicz

Journal of Banking and Financial Economics

This paper examines whether companies’ innovativeness affects the availability of capital and, therefore, whether this group is financially constrained. It uses an objective, indirect way of measuring financial constraints based on the assumption that financially restricted firms only invest when internal cash flow allows them to do so. Therefore, the research was based on the investment-cash flow equation, more precisely the adjusted ECM model adapted to the SME sector. The companies’ innovativeness was measured based on a proprietary synthetic indicator covering a broad range of information on innovation activity. The research was conducted on a sample of 403 firms, including …