Digital Commons Network^™

International Arbitration And Conflicts Of Law: Three Hard Questions For Symeon, Peter B. Rutledge

Scholarly Works

The presence of a foreign element in a legal relationship inevitably introduces intricate choice-of-law issues. This postulate holds especially true in the context of international arbitration. Arbitration involves an exceptional degree of procedural freedom (including over the choice of the applicable law) and a distinctive conflict-of-laws regime that may be unbound from a particular national legal system. This article examines several choice-of-law issues arising in the context of international arbitration. In particular, Section I of this article addresses whether the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards, otherwise known as the New York Convention, is selfexecuting …

Copyright And Artificial Intelligence, Part 2: Copyrightability

Copyright, Fair Use, Scholarly Communication, etc.

This report by the United States Copyright Office addresses the legal and policy issues related to artificial intelligence (AI) and copyright as outlined in the Office’s August 2023 Notice of Inquiry (NOI).

The report will be published in several parts each one addressing a different topic. This part addresses the copyrightability of works created using generative AI. The first part, published in 2024, addresses the topic of digital replicas—the use of digital technology to realistically replicate an individual’s voice or appearance. A subsequent part will turn to the training of AI models on copyrighted works, licensing considerations, and allocation of …

After Courts: Democratizing Statutory Law, Ryan D. Doerfler, Samuel Moyn

Michigan Law Review

In Federalist No. 78, Alexander Hamilton argued for locating interpretive authority over law separately from those institutions tasked with formulating it. Hamilton’s vision, never accurate as a description of American practice, has not been credible for a long time. To the extent enormous power is still allocated to judges, our legal institutions have been out of step with our legal theory, which has long regarded them as political actors and policymakers. More practically, every term it is clearer and clearer that the role of the Supreme Court in statutory cases (including checking administrative rulemaking and other processes) is, if anything, …

As The Rainstorm Continues, Must We Throw Out The Raincoat Too? Private Enforcement Of Section 2 Of The Voting Rights Act, Derek A. Zeigler

Michigan Law Review

For almost six decades, the Voting Rights Act (VRA) has been a bulwark against the worst impulses of government actors who would rather manipulate the rules to stay in power than vigorously compete on the battleground of ideas. In the modern era, the U.S. Supreme Court has routinely weakened the Act’s protections, including its core remaining enforcement provision, Section 2, which protects voters from racially discriminatory policies. Today, Section 2’s continued vitality is at risk. In November 2023, the Eighth Circuit held that Section 2 lacks an implied private right of action—a decision at odds with three of its sister …

Standalone Municipal Liability, Avery Figo Comar

Michigan Law Review

Under Monell v. Department of Social Services, municipalities may not be held liable for constitutional violations attributable to an errant employee’s actions. Instead, Monell dictates that municipal liability is appropriate only when the municipality itself is “the moving force” behind the constitutional violation. The Fourth and Fifth Circuits, based on a flawed reading of the Supreme Court case City of Los Angeles v. Heller, adopt an inapposite approach to the relationship between municipal and individual liability. Although every other circuit allows municipal claims to proceed absent any individual claim arising from the same underlying facts, the Fourth and …

Front Matter

Michigan Law Review

Front Matter for Volume 123, Issue 6 of Michigan Law Review

Younger And Older Abstention, Fred O. Smith Jr.

Michigan Law Review

When victims of systemic rights violations in state criminal proceedings seek federal court relief, governmental defendants often ask federal courts to abstain for reasons of federalism. These arguments frequently disregard the Supreme Court’s emphasis that abstention is a narrow exception to federal courts’ duty to exercise jurisdiction. Lower federal courts are increasingly employing a form of “free-floating federalism,” diverging from the Supreme Court’s careful balance between comity and individual rights. This has led to lower courts’ significant expansion of criminal abstention doctrine, leaving severe irreparable harm unaddressed in an increasingly broad range of settings, such as pretrial detention and child …

Spending Clause Standing, Edward Webre Plaut

Michigan Law Review

The Biden Administration’s American Rescue Plan Act allotted almost $220 billion to state, local, and tribal governments to help combat the COVID-19 pandemic. This money, the Coronavirus State and Local Fiscal Recovery Fund, gave recipients wide spending discretion to address their struggling economies. But the legislation had one key limitation: Recipients could not use the money to “directly or indirectly” cut their taxes. If a recipient violated this “Offset Provision,” the Department of the Treasury might recoup the funds.

Nearly two-dozen states alleged that the Offset Provision was unduly coercive and ambiguous, violating the Spending Clause. However, with no threatened …

Proteomic Characterization And Comparison Of The Infective And Adult Life Stage Secretomes From Necator Americanus And Ancylostoma Ceylanicum, Yide Wong, Bruce A. Rosa, Makedonka Mitreva, Et Al.

2020-Current year OA Pubs

More than 470 million people globally are infected with the hookworms Ancylostoma ceylanicum and Necator americanus, resulting in an annual loss of 2.1 to 4 million disability-adjusted-life-years. Current infection management approaches are limited by modest drug efficacy, the costs associated with frequent mass drug administration campaigns, and the risk of reinfection and burgeoning drug resistance. Subunit vaccines based on proteins excreted and secreted (ES) by hookworms that reduce worm numbers and associated disease burden are a promising management strategy to overcome these limitations. However, studies on the ES proteomes of hookworms have mainly described proteins from the adult life stage …

Liquid Biopsy For Spinal Tumors: On The Frontiers Of Clinical Application, Sze Kiat Tan, Matthew L Goodwin, Et Al.

2020-Current year OA Pubs

STUDY DESIGN: Narrative review.

OBJECTIVES: This article aims to provide a narrative review of the current state of research for liquid biopsy in spinal tumors and to discuss the potential application of liquid biopsy in the clinical management of patients with spinal tumors.

METHODS: A comprehensive review of the literature was performed using PubMed, Google Scholar, Medline, Embase and Cochrane databases, and the review was limited to articles of English language. All the relevant articles which were identified to be related to liquid biomarker study in spinal tumors, were studied in full text.

RESULTS: Liquid biopsy has revolutionized the field …

Recurrent Carotid Paragangliomas In A Syndromic Patient With A Heterozygous Missense Variant In Dna Methyltransferase 3 Alpha, Ryan J German, Blake Vuocolo, Liesbeth Vossaert, Lisa Saba, Robin Fletcher, Matthew L Tedder, Bekim Sadikovic, Jennifer Kerkhof, Michael Wangler, Carlos A Bacino

Duncan NRI Faculty and Staff Publications

We report a 40-year-old African American female with a novel variant in exon 8 of DNA methyltransferase 3 alpha (DNMT3A), (NM_022552.4: c.905G>C, p.G302A) who presented with a history of recurrent carotid paragangliomas, mediastinal mass, intellectual disability, dysarthria, cholelithiasis, diabetes mellitus, hypertension, and dysmorphic features. We interpret this novel variant as likely pathogenic and causative for the patient's syndromic features of Heyn-Sproul-Jackson syndrome. Heyn-Sproul-Jackson syndrome is a condition caused by gain-of-function genetic changes in DNMT3A. Paragangliomas have also been observed in non-syndromic patients with genetic alterations in DNMT3A. We describe a patient with clinical features of Heyn-Sproul-Jackson syndrome such as …

Systematic Reexamination Of Early Verb Dominance: Verbal And Nonverbal Characteristics Of Caregiver Input And Their Contribution To Long-Term Language Outcomes, Minju Kim, Jeonghee Mun, Gayoung Kim, Solyeon Jeon, Youngon Choi

Psychology Faculty Articles and Research

Early language input to infants varies in lexical composition across languages and contexts. For instance, American-English input emphasizes nouns more than verbs, while Mandarin Chinese and Korean inputs provide more verbs than nouns, the difference of which is considered an influential factor in the child’s early vocabulary acquisition. Furthermore, a possibility was raised that nonverbal input accompanying child-directed language provides additional support for verb meanings in verb-dominant caregiver input. However, these early verb dominance and support patterns have been derived from a handful of studies that examined very small samples. Thus, we aimed to systematically reexamine the verb dominance pattern …

Confidentiality In Addiction Treatment: Navigating 42 Cfr Part 2 Within Human Services, Chaniece Winfield, Jessica Huffman

Counseling & Human Services Faculty Publications

Recent federal legislation, including the Mental Health Parity and Addiction Equity Act (MHPAE) and the Comprehensive Addiction and Recovery Act (CARA), has placed greater emphasis on quality integrated health care, with a focus on access, treatment options, and evidence-based practices. Changes to Federal 42 CFR privacy protections also impact individuals seeking substance use disorder treatment, either as a primary diagnosis or comorbidity. Human service professionals, as generalists in the behavioral health field, provide vital treatment, recovery, and prevention services for individuals with substance use and addictive disorders. This paper explores the implications of these legislative changes, particularly regarding privacy protections …

Application Of Multi-Angle Spaceborne Observations In Characterizing The Long-Term Particulate Organic Carbon Pollution In China, Yun Hang, Qiang Pu, Qiao Zhu, Xia Meng, Zhihao Jin, Fengchao Liang, Hezhong Tian, Tiantian Li, Tijian Wang, Junji Cao, Qingyan Fu, Sagnik Dey, Shenshen Li, Kan Huang, Haidong Kan, Xiaoming Shi, Yang Liu

Faculty, Staff and Student Publications

Ambient PM2.5 pollution poses a major risk to public health in China, contributing to significant mortality and morbidity. While overall PM2.5 concentrations have declined in recent years, the changes in PM2.5 chemical constituents remain inadequately understood due to limited ground monitoring networks. We developed a Super Learner model that integrates MISR satellite data, chemistry transport model simulations, and land use information to predict daily OC concentrations across China from 2003 to 2019 at a 10-km spatial resolution. The model achieved high predictive accuracy with a cross-validation R2 of 0.84 and an RMSE of 4.9 μg/m3. Our findings show elevated OC …

Fixing Fixed Term Recall An Insights Paper: February 2025, Miranda Shanks, Katie Mcbride, Zoë James

School of Law, Humanities and Social Sciences

This Insights Paper seeks to provide a comprehensive understanding of the application of fixed term recall (FTR) within the criminal justice system (CJS) and their impact on the rehabilitation and resettlement journeys of individuals on licence. The paper explores how FTR are currently being applied, examines the experiences of those subject to them, and identifies strategies to reduce the use of FTR while improving their effectiveness in managing non-compliance of low-risk individuals.

Exploring Islamophobia Through Intersectionality., Suparna Bagchi

School of Law, Humanities and Social Sciences

No abstract provided.

Family Law Wordpress Blog (Vol 2. 2011-2016), Julie Shapiro, Ronald C. Slye, Annette E. Clark

Professor Julie Shapiro Legacy Project

No abstract provided.

Challenges And Future Strategies For B-Schools, Anatoly Zhuplev, Francisco J. Valle, Jose Rincón, Max Plithides

Management Faculty Works

This chapter examines the evolution of American higher education (HE) and business schools (B-schools) in the historical and contemporary strategic context. It explores the influence of the Humboldtian model on the contemporary HE industry in America. The chapter analyzes the current HE landscape, revenue sources, and global reach. The chapter investigates strategic disruptors like demographic shifts, skyrocketing costs of college and student loan burden, technological impacts, including proliferation of IT and AI, eroding public confidence in HE, and political and regulatory trends. The chapter explores solutions like accreditation reform and diversified credentials. It examines pressures on B-schools, including slow technology …

From Pickaninny To Superpredator To The Prison Pipeline: The Criminal Legal System’S Immunization To Black Children’S Pain, Brenita Softley

Seattle Journal for Social Justice

No abstract provided.

Sanctioned Cruelty: The Legal Endorsement Of Violence Against Slaves In Southern Courts, Evan Matthew Gelobter

Seattle Journal for Social Justice

No abstract provided.

Disability And Discrimination In Washington Jails: The Federal Judicial Loophole In Washington State Protections, Kyle Barnes

Seattle Journal for Social Justice

No abstract provided.

Examination Of The International Judicial Practice And Prospect In Relation To The Palestine–Israel Conflict: Following The Al-Aqsa Flood Operation, Sharefah A. Almahuna

Seattle Journal for Social Justice

This paper concerns the conflict in Gaza that started on the Seventh of October, 2023, and is ongoing. It intends to explain the judicial institutions that prevent and punish atrocity crimes, particularly the International Court of Justice (ICJ) and the International Criminal Court (ICC). Additionally, this paper provides an objective analysis of some controversial issues brought about by the conflict. It addresses issues of controversy by answering the following questions: first, why are both the ICJ and ICC involved in the current conflict in Gaza?; second, why does Israel argue that judicial proceedings should treat acts committed in Gaza as …

About The Authors, Sjsj

Seattle Journal for Social Justice

No abstract provided.

Works Of Audience, Works Of Authorship, And The Human’S Way Of Knowing, Michael Mactaggert

Seattle Journal for Social Justice

No abstract provided.

Art Law & The Law Of The Horse, Brian L. Frye

Seattle Journal for Social Justice

No abstract provided.

Is The Promise Of Zora Neale Hurston’S Florida Lost?, Elizabeth Troutman

Seattle Journal for Social Justice

No abstract provided.

Sex, Desire, And Violence: Rape Is About Power, Narcissus

Seattle Journal for Social Justice

No abstract provided.

Victims As The Heart Of The Matter: The South African Amnesty As Promised In Practice, Ronald C. Slye

Seattle Journal for Social Justice

No abstract provided.

The Legal Intersectionality Of English Language Learners And Special Education Students: Ensuring Students Receive Mandated Services, Brett A. Geier

Seattle Journal for Social Justice

Students in the United States are afforded many rights and protections to ensure they receive an appropriate education. Supplemental programs that support academic achievement and social growth are common to eviscerate obstacles and equalize educational opportunities. Students who are disabled and students who qualify as English Language Learners are two categories that are entitled to receive state and federal financial and programmatic support. Despite being discrete programs, they have the potential to intersect so that students can qualify for both programs. For many reasons, though, these potentially dually qualifying students are often misidentified, leaving them underserved. There is a plethora …

Worker Protection Or Commercial Facilitation: The British Empire, Labor Governance And The Gradual Invisibilization Of Labor Coercion During The Age Of High Imperialism, Christopher Roberts, Michelle Ong

Seattle Journal for Social Justice

This article considers labor governance and coercive labor practices in the British Empire between the late nineteenth and early twentieth centuries. In particular, it focuses its attention on several major commissions of inquiry undertaken around the British Empire in the period, as well as reforms that took place alongside those inquiries. In part, the article concludes these reforms were motivated by protective purposes, demonstrating some degree of genuine concern with workers’ well-being. More significantly, however, it finds these reforms were motivated by British imperial desire to ensure stable labor supplies, enhance the legitimacy of the British Empire, and establish more …