Digital Commons Network^™

Pillar Two: Much Ado About Next To Nothing?, Julie Roin

Public Law and Legal Theory Working Papers

The OECD has spent the last fifteen years working on the design and implementation of rules for the taxation of the income derived from international transactions, rules that its members hope will both increase corporate tax revenues and minimize “destructive” tax competition. In 2021, it released its two-part “Inclusive Framework.” Although Pillar One of this Framework still languishes, legislation necessary for the implementation of Pillar Two, which is designed to force all countries to impose a minimum tax on income derived by large multinational enterprises, has been enacted by most of the countries in the European Union, Japan, South Korea …

Structural Logics Of Presidential Immunity, Aziz Z. Huq

Public Law and Legal Theory Working Papers

In Trump v. United States, the Supreme Court wrought two new presidential immunities from criminal prosecution. Supplemented by a pair of penumbral evidentiary rules, these inhibit criminal indictment or conviction of the president, and indeed many subordinate officials, across many imaginable fact-patterns. The Court justified this result on consequentialist, not originalist or precedential, grounds. But its analysis of immunity’s effects was radically incomplete. It focused narrowly on the person of the president, eschewing any attempt to situate or relate that individual’s incentives and behavior to the wider institutional contexts of the executive branch at large or the partisan-political environment of …

Islands Of Algorithmic Integrity: Imagining A Democratic Digital Public Sphere, Aziz Z. Huq

Public Law and Legal Theory Working Papers

This essay offers a new analytic lens for evaluating the design of digital platforms from the perspective of democratic values. It develops a model of desirable platform design, and them ask present legal interventions move is toward that aspiration. The aspirational model is not draws on an idea found in the scholarly literatures in political science and sociology about economic development . This is the notion that development policy should aim to seed “islands of integrity,” into patrimonial or nepotistic state structures as a way of building foundations for a more robust and hence public-regarding state apparatus. This literature explores …

Family, Faith And Nation: The Roberts Court And The Global Pivot Against Legal Liberalism, Aziz Z. Huq, Tom Ginsburg

Public Law and Legal Theory Working Papers

The Roberts Court has veered sharply in a culturally conservative direction. Traditional solidarities of faith, family, and nation have been elevated above the individual autonomy interests that motivated the justices in the twentieth century. The Supreme Court’s jurisprudence in this vein complements and is reinforced by changes in public law more generally—for example, in recent executive orders that amplify the same values. In legal scholarship, this jurisprudential shift is pervasively framed in terms of domestic electoral politics, in particular as a product of Republican dominance of the presidency and the Senate at key moments.

But expand the analytic lens outward, …

Constitutional Drafting Processes And Constitutional Success, Adam Chilton, Murat C. Mungan, Mila Versteeg

Public Law and Legal Theory Working Papers

Several recent constitution-making processes have been celebrated for being participatory, inclusive, and representative. However, many of these processes also failed. We theorize that aspects of these kinds of constitutional drafting processes could reduce the probability of constitutional success. To show why, we construct a “Constitution Drafting game” (CD game) in which representatives from different interest groups must draft a constitution. We consider the case where the probability of constitutional success is single peaked, but the value from successful adoption is increasing in the degree of issue protection chosen. The drafting process then leads to protection choices that are above those …

Bypassing Agency Adjudication, Brian Lipshutz

Public Law and Legal Theory Working Papers

This Article examines the contested practice of bypassing agency adjudication to accelerate judicial review of non-final executive action. Parties typically challenge final action under the Administrative Procedure Act (APA). But parties may also seek an injunction or declaratory judgment with respect to a non-final action that violates a statute or the Constitution. Traditionally, such “ultra vires” review required a clearly unlawful action and an inadequate administrative remedy. But modern courts further limit it by applying three judicially developed timing doctrines—exhaustion, ripeness, and Thunder Basin.

This Article explains why the traditional ultra vires model— without the timing doctrines—should govern the bypassing …

The American Attack On Academic Freedom In Comparative Perspective, Tom Ginsburg

Public Law and Legal Theory Working Papers

Academic freedom is under threat in many countries, and the United States is no exception. This chapter places the American framework for academic freedom in comparative perspective, and describes the techniques being deployed against it. A common threat is to leverage the use of government funds as a way to change internal university governance. Less common, however, is something that we have seen in the United States, which is a threat to academic freedom from civil society itself. The trend is accelerating through social media, and is structurally similar to that of the fascist period in Europe in which there …

Pretrial Detention Without Counsel, Alison M. Siegler, Jaden M. Lessnick

Public Law and Legal Theory Working Papers

In federal courts across the country, judges are locking defendants in jail before trial without first giving them a lawyer. This deprivation-of-counsel crisis not only violates the statutory, regulatory, and administrative right to counsel at initial appearance hearings, but may even contravene the Sixth Amendment. This article builds on our Freedom Denied report—the first nationwide study of federal pretrial detention—and new data collected since. It makes three primary contributions. First, we explain the sources and nature of the right to counsel at federal initial appearance hearings (the first bail hearing in federal court). Second, we provide a data-driven illustration of …

Review Of Two Books: Sunset Colonies: A Visual Elegy To South Florida's Mobile Home Communities And Dry Tortugas: Stronghold Of Nature, Michelle Sonnenberg

Florida Geographer

A multitude of Floridas exist in the collective, cultural imagination. Our relationships with each are complex and varied. From hikers wading waist deep with gators in the Fakahatchee Strand to suburban yards dotted with plastic pink flamingos, the people of Florida possess myriad, ever-evolving relationships to place. Nowhere is this more apparent than in South Florida, where high rises tower above Biscayne Bay and the Wall Street of the South while the land sinks below the weight of climate change and king tides. Imagine the multicultural tango that is the Magic City juxtaposed with the outflow of the River of …

Falsifying Tradition, Darrell A.H. Miller

Public Law and Legal Theory Working Papers

From cases spanning gun rights, reproductive freedom, religious liberty, and personal jurisdiction; to separation of powers and other structural features of the Constitution, courts increasingly rely on tradition to guide their decisions. Often, judges appeal to tradition in a vaguely empirical way, as “facts to study, not convictions to demonstrate about,” in the words of Justice Antonin Scalia. Yet, for a claim that purports to be factual, there’s very little agreement, or even analysis, about what renders this factual assertion—tradition—true or false. This Article tackles that foundational issue.

Part I surveys the ways in which courts use tradition in different …

The Constitution And The War On Dei, Sonja A. Starr, Genevieve Lakier

Public Law and Legal Theory Working Papers

his Article examines how the second Trump Administration’s aggressive attacks on programs, policies, and speech loosely associated with diversity, equity, and inclusion [DEI] intersect with the constitutional guarantees of equal protection and freedom of speech. We argue first that there is little doctrinal support for the administration’s pervasive efforts to justify its war on DEI by invoking the Equal Protection Clause and parallel statutory law. Instead, the administration is stretching existing colorblindness doctrine beyond recognition, into a radical vision that we label “anti-antisubordination.” On this view, vindicating equality values does not only require restricting practices that treat individuals differently based …

The Tom Sawyer Effect: Invisible Work And Labor Market Power, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.

Bargaining In The Shadow Of The Efaa, Samuel Cole

Public Law and Legal Theory Working Papers

No abstract provided.

Fleeing Structural Stigma: Psychological Outcomes For Transgender And Gender-Diverse Internally Displaced Persons, Max E. Cartagena

Cal Poly Humboldt theses and projects

In 2025, at least 1,000 bills targeting transgender and gender-diverse (TGD) individuals were introduced across the United States, contributing to an environment of escalating structural stigma. As a result, many TGD individuals have relocated from states with high levels of stigma to those with lower levels in search of safety, access to care, and social affirmation. This study examines these individuals as internally displaced persons (IDPs) and is informed by refugee psychological literature, as both experiences arise from coercive structural forces that compel individuals to relocate. This perspective highlights the involuntary nature of their migration, driven by the need for …

Criminal Procedure Without Consent, Kate Weisburd

Faculty Scholarship

Scholars and advocates have long argued that a person’s consent to a warrantless police search is often so inherently coerced, uninformed, and shaped by race, class, gender, citizenship status, and disability that to call it a “choice” is fiction. This critique is not limited to police searches based on consent. Waiving rights and consenting to otherwise unconstitutional state action permeates criminal procedure. The definition of a seizure, the third-party doctrine, custodial confessions, plea bargains, and agreements to alternatives to incarceration (such as GPS ankle monitoring) all hinge on the idea of voluntary choices—choices that are often just as coerced and …

Assessment Of Metal Contamination And Potential Health Risk Of Roadside Vegetables Along The Sayre Highway, Province Of Bukidnon, Philippines, John R.N. Labajo, Junesa U. Cristobal, Myrna G. Pabiona

Applied Environmental Research

This study assessed heavy metal contamination in roadside vegetables (Ipomoea batatas and Moringa oleifera) across five urbanized localities in Bukidnon, Philippines, and evaluated potential human health risks. Metal concentrations (Cd, Cr, Cu, Co, Fe, Mn, and Zn) were analyzed via atomic absorption spectro-photometry and compared against FAO/WHO maximum permissible limits. The results revealed severe contamination, with Mn (575.27–862.17 mg kg-1) and Fe (256.46–706.68 mg kg-1) dominating natural soil mineralogy (Adtuyon series) and anthropogenic inputs. Toxic Cr (16.20–21.93 mg kg-1) exceeded permissible limits by nine and a half times in Quezon. Health risk assessments revealed negligible noncarcinogenic risks (THQ …

Spatial Distribution And Potential Ecological Risk Of Microplastics In Surface Sediments Of The Inner Gulf Of Thailand, Sarayut Suanluang, Pathompong Vibhatabandhu, Sarawut Srithongouthai

Applied Environmental Research

The global surge in plastic usage during the COVID–19 pandemic raised concerns about increased microplastic (MP) contamination in aquatic environments. This study assessed the abundance, characteristics, and ecological risk of MPs in surface sediments of the inner Gulf of Thailand during the post–COVID–19 period (April 2021). The sediment samples were analyzed via density separation, stereomicroscopic examination, and polymer identification via micro–FTIR. The mean MP abundance was 196.07 ± 85.60 pieces kg-1, with concentrations ranging from 73.08 to 351.19 pieces kg-1. PTFE and PP were the dominant polymer types, comprising 50% and 32% of all the MPs, respectively. Fibers (34%) and …

Public Attention Index Of Air Pollution Exposure From Pm2.5 In Thailand, Pailin Suntigul, Sittidaj Pongkijvorasin

Applied Environmental Research

Thailand faces a persistent PM2.5 challenge, with pollution levels consistently exceeding the World Health Organization’s guidelines. In response, the Thai government has made air pollution a national priority, implementing various policies and city-level plans to reduce exposure. These policies are often temporary and do not fully address root causes, whereas the limited monitoring coverage across Thailand restricts a comprehensive assessment of PM2.5 exposure severity. This study addresses the data gap by constructing a public attention index for PM2.5, using internet search data from Google Trends, to quantify public awareness and concern regarding PM2.5 exposure. This index aims to improve the …

Spatial And Temporal Trends In Surface Water Quality And Pollution Sources In Ben Tre, Vietnam: A Principal Component Analysis/Factor Analysis-Based Approach, Nguyen Xuan Tong, Luu Tang Phuc Khang

Applied Environmental Research

Surface water quality is vital for maintaining ecological health and supporting sustainable development, particularly in the Mekong Delta, Vietnam, where water is heavily utilized. However, rapid urbanization and economic activities have led to water pollution. This study assessed the spatial and temporal variations in surface water quality in Ben Tre Province from January 2022 to December 2023 using 384 samples collected across dry and rainy seasons and two zones (headwater streams and cities). The water quality index (WQI) was calculated on the basis of 15 parameters, and principal component analysis/factor analysis was applied to identify pollution sources. Five key factors …

Analysis Of Guitar Works And Important Materials Used For Informed Performance, Joao Vitor David

Research Papers

This paper provides a short analysis and important historical background on the works performed by the author in his Master's Recital on May 4, 2023. The following pieces were chosen to exemplify the program's different technical and musical complexity levels. The five works covered are John Dowland's Lachrimae Pavan, Johann Sebastian Bach's Prelude and Allemande from BWV 996, Mauro Giuliani's Rossiniana n1, Miguel Llobet's Canciones Populares Catalanas, and Sergio Assad's Aquarelle. Dowland's section aims to show general information about his life, the lute, and materials to support an informed performance for guitarists. Bach's prelude and Allemande from the suite BWV …

Current Behavior Analytic Research On Assent And Assent Withdrawal Of Students With Disabilities, Zailey K. Greeno

Research Papers

The field of behavior analysis is ever-evolving, just as the seven dimensions of applied behavior analysis have instructed it to (Baer et al., 1968). Over time, certain procedures, such as electric shock, spanking, and restriction of movement (Leaf et al., 2021), have become unethical, which has resulted in modifications to the Ethics Code for Behavior Analysts (Behavior Analyst Certification Board, 2020), as well as everyday practice to ensure these unethical interventions are no longer utilized. Despite these advances, there are still areas that are lacking in the field. Therefore, the current paper will review the literature in behavior analysis that …

The Alien Tort Statute And U.S. Extraterritorial Jurisdiction: Legal And Economic Corporate Governance Implications Beyond Al Shimari V. Caci Int'l, Gabriel Richardson

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

This note is divided into four overall parts. To continue with the academic dialogue regarding the ATS, the first part (Part I) deals with the historical overview and case law of the ATS, while contrasting the development of extraterritoriality in the United States with that abroad (particularly, Europe). More specifically, the first part is divided into two subparts—Subpart A provides a comprehensive background and historical legal overview of the ATS and Subpart B discusses the international trend, particularly in Europe, in extending legal mechanisms to hold corporations accountable beyond their borders, unlike the United States—which, again, was once at the …

Characterization Of The Erv41-Erv46 Complex As A Retrograde Receptor For Misfolded Secretory Proteins, John Andrew Fuesler

Dartmouth College Ph.D Dissertations

The Endoplasmic Reticulum (ER), the site of secretory protein biosynthesis

provides a favorable environment to promote polypeptide folding, protein

oligomerization and export. Although the ER contains many chaperones and other

factors that assist in protein folding, this process is error prone. Eukaryotes have

evolved protein quality control checkpoints to maintain homeostasis in the secretory

pathway, however these processes are imperfect and may result in proteotoxicity

when toxic levels or aggregates of proteins arise. Mutations in proteins involved in

trafficking in the early secretory pathway are closely associated with disease states.

Therefore, it is of great interest to further understand how …

Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen

Seattle University Law Review

Because of their substantial equity portfolios, BlackRock, Vanguard, and State Street (the Big 3) are central players in corporate governance. It is, therefore, critical to understand how they vote. One puzzle is that their support for shareholder proposals on environmental and social matters appears to waiver. In 2020, for instance, BlackRock supported 11.1% of environmental proposals at S&P 500 firms. In 2021, it seemingly reversed course, supporting 55.2%. It then flipped again, supporting 32.1% in 2022. Such statistics suggest that the Big 3 are constantly changing their views on these topics. This Article seeks to better understand whether this is …

The Face Of Ageism, The Reach Of Ageism: Law, Medicine And Society, Janet Dolgin

Hofstra Law Faculty Scholarship

No abstract provided.

Perspectives On Music Within The Deaf And Hard Of Hearing Community, Anna Hanbeck

Graduate Research Papers

This study investigates how Deaf and hard of hearing (DHH) individuals perceive and experience music. Through a survey with DHH participants, the research explores alternative modes of musical perception, including vibration, visual cues, and emotional response. Findings reveal that many DHH individuals actively engage with music through multisensory strategies, challenging the understanding of music as primarily a hearing-based experience. The results highlight the importance of inclusive musical practices and technologies that provide diverse sensory experiences. Music is an experience that can be sought through different means. This research contributes to a broader understanding of accessibility in the arts and underscores …

The Role Of Financial Literacy Education In Shaping Students’ Future Financial Decisions, Arianna Shornock

Honors Program Theses

This paper aims to explore the relationship between the effectiveness of financial literacy programs and their influence on students' future decision-making. In this study, survey data were collected from a random sample of young adults aged 18-25 years, primarily located in the Midwest region of the United States. This study suggests that students who took a financial literacy class are less likely to perform better on financial literacy topics and are less likely to have higher perceived confidence when making financial decisions, which contrasts with the existing evidence in the literature over financial literacy programs. Possible explanations for this deviation …

Queer Coasts: Beach Space, Climate Change, And The American Queer Community, Erin Cardoza

Open Access Master's Theses

Queer coastal spaces and beaches have been culturally and historically significant to the LGBTQ+ community for decades. These sites provide visibility, acceptance, and community allowing for LGBTQ+ folks to connect, organize, and find refuge from societal stigma and discrimination. However, these spaces face increasing threats from climate change, gentrification and privatization, and shifting societal dynamics. This research was conducted at two historically queer beaches on the American East Coast, Herring Cove in Provincetown, Massachusetts, and Jacob Riis Park in Queens, New York. This study examined the similarities and differences between these sites regarding (1) the importance of beach spaces for …

Female Client Preferences Of A Financial Advisor’S Gender, Rachel Ames Clayberg

Honors Program Theses

This research examines the gender preferences of female clients when selecting a financial planner. While an increasing number of women are seeking financial advice, the percentage of female financial advisors remains relatively low, with even fewer holding the prestigious Certified Financial Planner designation. The disproportionate representation in the field raises concerns that, if women prefer to work with female financial planners, their needs may not be fully addressed. Through a survey utilizing conjoint analysis, this study determines if implicit gender bias exists when clients choose a financial planner, without directly asking clients about their preferences. Findings indicate that female respondents …

The Philippine Digital Paradox: Challenges, Opportunities, And The Way Forward, Shamir Jakaria

Asian Review

The rapid growth of digital technologies is reshaping public governance. This paper examines the challenges and opportunities of digital transformation in Philippine public administration. While digital technologies offer significant benefits such as streamlined services, enhanced transparency, and improved citizen engagement, the Philippines faces critical barriers including infrastructure gaps, cybersecurity risks, and a persistent digital divide. Through a systematic review of academic studies, government reports, and policy documents, the study identifies key strategies for advancing e-governance, such as infrastructure development, cybersecurity reforms, and digital literacy programs. The paper highlights successful local and national initiatives, including the Philippine Identification System (PhilSys) and …