Digital Commons Network^™

Who Needs The State? We Do (Maybe), Deborah M. Weissman

North Carolina Law Review

No abstract provided.

The Nil Glass Ceiling, Tan Boston

University of Richmond Law Review

Name, image, and likeness (“NIL”) produced nearly $1 billion in earnings for intercollegiate athletes in its inaugural year. Analysts argue that the shockingly high totals result from disproportionate
institutional support for revenue-generating sports.

Although NIL earnings have soared upwards of eight figures to date, first-year data reveals that significant gender disparities exist. Such disparities raise Title IX concerns, which this Article illustrates using a hypothetical university and NIL collective. As such, this Article reveals how schools can facilitate gender discrimination through NIL collectives, contrary to Title IX. Although plainly applicable to NIL transactions in which schools are involved, Title IX’s …

Portland Street Response: Year Two Program Evaluation, Greg Townley, Emily Leickly

Homelessness Research & Action Collaborative Publications and Presentations

Executive Summary Excerpt:

Overview of the Program Portland Street Response (PSR), a program within Portland Fire & Rescue (PF&R), assists people experiencing mental health and behavioral health crises. The program operates daily from 8 AM to 10 PM and responds to calls throughout the city of Portland. The team consists of mental health crisis responders, community health medics/ EMTS, community health workers, and peer support specialists. PSR is dispatched from the Bureau of Emergency Communications (BOEC) when a caller reports one or more of the following and the individual has no known access to weapons and is not displaying physically …

Founding Fathers Of The Modern American Neo-Nazi Movement: The Impacts And Legacies Of Louis Beam, William Luther Pierce, And James Mason, Jon Lewis, Haroro J. Ingram, National Counterterrorism Innovation, Technology, And Education Center, Program On Extremism, George Washington University

Reports, Projects, and Research

This study analyzes the leadership style, impact, and enduring legacies of three crucial leaders in the white supremacist and neo-Nazi movements: Louis Beam, William Luther Pierce, and James Mason. It examines the interplay of leadership traits, significant events in the life narratives of the leader, and the legacies of these three key pioneers towards two aims. First, our analysis draws on the CIP Leadership Framework and charismatic leadership studies to assess the respective leadership roles of Beam, Pierce, and Mason. Second, it considers how the leadership traits and ideological impact of these leaders shaped contemporary far-right movements in the United …

Understanding And Applying Sar To Ideological And Nation- State-Sponsored Cybercrimes, Thomas J. Holt, Steve Chermak, Joshua D. Freilich, Emily Greene-Colozzi, National Counterterrorism Innovation, Technology, And Education Center

Reports, Projects, and Research

The use of computer hacking, malicious software, and other forms of cyberattacks against U.S. infrastructure has increased dramatically since the 1990s. Many of these attacks target corporations and individuals for instrumental economic gain, such as the theft of personal information for use in fraud. Ideologically motivated attacks also occur, though the degree to which they are understood or documented is generally limited. For instance, jihadi groups have expressed an interest in cyberattacks since the early 2000s (see Holt et al., 2022). Similarly, DHS (2009) noted in the late 2000s that they expected cyberattacks from environmental or animal liberation-focused groups to …

Facilitating Suspicious Activity Reporting At The Community Level, Karyn Sporer, Brooke Buxton

Reports, Projects, and Research

The purpose of this report was to identify how the Department of Homeland Security (DHS) and other law enforcement agencies can leverage community partnerships to help counter targeted violence and to provide actionable insights on what technological, social, and financial barriers exist for families of extremists in reporting suspicious activities.

Knowledge Gaps In Reporting, Joel Elson, Erin M. Kearns

Reports, Projects, and Research

NCITE researchers conducted a national online survey to better understand the many points in which breakdowns occur during the process of identifying and sharing information about potential terrorism and targeted violence (TTV) threats.

Using Classification Of Instructional Program Codes In Hrd: Invited Reaction, Paul B. Roberts

Human Resource Development Faculty Publications and Presentations

This reaction begins by highlighting four strengths of the article: (a) the clear introduction of CIP codes and how they are utilized; (b) where the discipline of HRD fits with the CIP code system; (c) the illustration of how CIP data can be utilized in HRD research; (d) the call for faculty to become more aware or CIP codes and impacts of this system upon programs. This reaction will also present some challenges and highlight an important use of CIP codes that was not discussed in the article. This reaction will then present a case that demonstrates why we as …

Teaching For Now And Planning For Later: Balancing A User-Friendly Web And Sustainability Practices As Digital Scholarship Librarians, Ruth Carpenter, Amy E. Gay

Library Scholarship

The following video and slides are from a presentation we gave at Reclaim Open 2023. The presentation talks about how SUNY Create is used at Binghamton, including our workflows for digital project management, defining roles and responsibilities, and our web accessibility checklist.

When Sparks Fly Because Of Your Neighbour’S Independent Contractor: The Stricter-Liability Test Of Private Nuisance In Singapore – Pex International Pte Ltd V Lim Seng Chye And Another And Another Appeal [2020] 1 Slr 373, Samuel Hzi Xun Tay

Singapore Law Journal (Lexicon)

When your land has been damaged by your neighbour’s independent contractor, who should be held responsible—the contractor or your neighbour? Previously, it was considered by some to be difficult to pin liability on one’s neighbour. 1 This position was criticised for being unfair and unjust, especially in situations where one was unable to obtain recourse from the contractor.

The Advisory Jurisdiction Of The Constitutional Tribunal Under Article 100 Of The Constitution, Don Jia Hao Ho

Singapore Law Journal (Lexicon)

Singapore has a Constitutional Tribunal as provided for under Article 100 of the Constitution. The Tribunal is vested with advisory jurisdiction which ordinary courts do not have. This article explores the constitutional basis for the Tribunal’s existence, jurisdictional issues surrounding the Tribunal, as well as the legal effect of the Tribunal’s opinion. Moreover, this article evaluates the continued relevance of the Tribunal. In doing so, a comparative approach is adopted where appropriate.

What Cases Are To Be Heard By The Appellate Division And Why: Noor Azlin Bte Abdul Rahman And Another V Changi General Hospital Pte Ltd [2021] 2 Slr 440, Grace Jin Yi Nai

Singapore Law Journal (Lexicon)

On 2 January 2021, certain statutory amendments came into effect: specifically, the Supreme Court of Judicature (Amendment) Act 2019 (Act 40 of 2019) (“SCJ(A)A”) which amended the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) (“SCJA”), and the Rules of Court (Amendment No. 5) Rules 2020 (“ROC(A)”) which amended the Rules of Court (Cap 322, R 5, 2014 Rev Ed) (“ROC”). These amendments had a significant impact on the court appellate system. For clarity, the pre-2 January versions of the legislation will be referred to as the “former SCJA” and “former ROC”, while the post-2 January versions will …

Single Crime, Dual Crime And Another? Expansion Of The Concept Of Joint Liability Under Section 34 Of The Penal Code – Public Prosecutor V Azlin Bte Arujunah And Other Appeals [2022] 2 Slr 825, Ting Xuan Jordan Chia, Natalia Mai Do Ngoc

Singapore Law Journal (Lexicon)

It is well-understood that for most crimes to be established, the requirements of actus reus (the physical element) and mens rea (the mental element) need to be proven beyond a reasonable doubt. However, in situations involving joint offenders, if one of the offenders dealt the fatal blow, while the other offender acted as a lookout, can the other offender really be said to have the actus reus of the particular offence?

The Lack Of A Time Bar: An Injustice Within Unjust Enrichment Claims – Esben Finance Ltd And Others V Wong Hou-Lianq Neil [2022] 1 Slr 136, Jie Loong Tan

Singapore Law Journal (Lexicon)

Limitation periods refer to the period within which a claimant who has a right to claim against another person, i.e., the defendant, must begin court proceedings to establish that right. Once that period has passed, the defendant can no longer be sued on that particular action. This is to prevent the threat of an action from continually hanging over the defendant such that once the limitation period has passed, the defendant can be sure that the claimant is no longer able to sue.

Stephen’S Prudent Person And The Standard Of Proof In Indian Evidence Act Jurisdictions, Siyuan Chen

Singapore Law Journal (Lexicon)

Sir James Fitzjames Stephen’s Indian Evidence Act of 1872 remains on the statute books of many Commonwealth jurisdictions. The contents of the statute have also remained largely intact. Unsurprisingly, then, there has been a growing chasm between what the statute provides for and how the common law rules on evidence have developed. However, the statute’s treatment of the concept of standard of proof has arguably been more sophisticated than what the courts have given credit for. In this article, it is argued that a return to the statute’s original conception of standard of proof will go some way in alleviating …

Taming Reflective Loss – Miao Weiguo V Tendcare Medical Group Holdings Pte Ltd [2022] 1 Slr 884, Pey Woan Lee

Singapore Law Journal (Lexicon)

At common law, the “no reflective loss” (“NRL”) principle bars a shareholder from bringing a personal action to recover any diminution in share value resulting from a wrong inflicted by a thirdparty wrongdoer on the company. Such reduction in value is not treated as the shareholder’s personal loss as it is a “mere reflection” of the company’s loss. And this is so even if the company does not seek to recover from the wrongdoer or settles with the wrongdoer for a sum well below its actual loss. Though endorsed by the highest courts, the NRL principle remains controversial by reason …

Valedictory Reference In Honour Of Justice Andrew Phang: Compilation Of Valedictory Addresses For Justice Andrew Phang, Hon. Sundaresh Menon, Indranee Rajah, Lucien Wong, Hon. Yihan Goh, Adrian Tan, Davinder Singh, Scott Tan, Hon. Andrew Phang

Singapore Law Journal (Lexicon)

On 15 December 2022, Justice Andrew Phang retired from the Supreme Court Bench. To pay tribute to Justice Phang’s 18 years of service, a Valedictory Reference was convened on 28 November 2022. The following is a collection of speeches delivered at the event by distinguished members of the Bar – a fitting tribute to celebrate Justice Phang’s outstanding contributions to local jurisprudence and legal scholarship, and the indelible mark he left on the lives of those around him.

Foreword, Pey Woan Lee

Singapore Law Journal (Lexicon)

As I pen this foreword, I cannot help but reflect on the radical transformation that the launch of ChatGPT has brought about in the way we communicate. The emergence of this generative language model has shattered the notion that only humans can engage in written discourse. While I am excited about the immense potential that this development holds for enhancing the quality and efficiency of our work, I am also deeply troubled by the existential questions it raises. The rise of powerful machines undoubtedly heightens the risk of human redundancy. As AI continues to surpass human capabilities, the question of …

Slj Editorial Notice, Singapore Management University

Singapore Law Journal (Lexicon)

The editors of the Singapore Law Journal wish to notify readers that the article “Saving Argos: The need to adopt a pet trust statute in Singapore” by Lin Shuang Ju, which previously appeared under the citation (2023) 3 SLJ 130, has been retracted.

Reforming World Bank Dispute Resolution: Icsid In Context, Susan Franck

Michigan Journal of International Law

During a tumultuous moment in history with shifts in power and politics, international dispute settlement stands at a crossroads. In theory, international dispute settlement should not institutionalize abuses of power, rely upon a monolithic one-size-fits-all model, or be a waste of resources, which will inevitably generate stakeholder dissatisfaction. Rather, dispute resolution should reflect both a commitment to the rule of law and equal treatment that sustains nuanced, fair, and just procedures most likely to provide results of substantive quality. Against this backdrop and with the major reforms concluded in July 2022, this article explores the reality of dispute resolution at …

Trade-Based Solutions For Revitalizing Post-Conflict Economies, Ryan R. Migeed

Michigan Journal of International Law

International trade improves efficiency in home markets, creates new sources of demand for domestic industries, and boosts worker productivity. However, some types of trade are better than others for reviving the economies of countries emerging from internal or international armed conflicts. This note evaluates existing trade mechanisms that ostensibly help developing countries but fail to actually do so. It ultimately recommends the use of investor-state partnerships over trade-based mechanisms as the appropriate tool for improving the economies of post-conflict states. Part I evaluates a number of these existing trade mechanisms, including preferential trade agreements and the General System of Preferences. …

The Pacific Sentinel, June 2023, Portland State University. Student Publications Board

The Pacific Sentinel

Editor: Dan Chilton

Articles in this issue include:

• Letter From the Editor
• Android Flowers of the Future
• Gary Numan Tours North America
• Emily King, the Queen of Hearts
• Who Protects Us?
• The Landing to Close Its Doors
• The First (& Forgotten) 'R'
• Celebrate the Legacy, Ignore the History
• Donuts & Dao's
• About Town
• What We're Enjoying

Re-Imagining The Duty To Consult: Requiring A Substantive Outcome To Further Reconciliation, Naomi Austin

Dalhousie Journal of Legal Studies

The Crown has a duty to consult with Indigenous peoples on actions that may adversely affect claimed Indigenous interests that have not yet been established as recognized rights. Currently, the duty to consult remains a procedural obligation that does not require the consent of the Indigenous claimants to move forward. The crux of the duty to consult is to reconcile Crown and Indigenous interests. This paper explores how the duty to consult can better promote reconciliation by requiring a substantive outcome. Requiring a substantive outcome enhances the ability of Indigenous claimants to protect their own interests in the face of …

Association Of Type 2 Diabetes Subgroups With Cognitive Status Without Modification From Lifestyle Intervention, Michael P. Bancks, James Lovato, Ashok Balasubramanyam, Mace Coday, Karen C. Johnson, Medha Munshi, Candida Rebello, Lynne E. Wagenknecht, Mark A. Espeland

Clinical Research Faculty Publications

Context: Type 2 diabetes is a risk factor for incident dementia but whether risk and treatment/prevention strategies differ by diabetes subgroup is unknown. Objective: We assessed (1) whether specific type 2 diabetes (T2D) subgroups are associated with mild cognitive impairment (MCI) or probable dementia (PD), and (2) whether T2D subgroups modified the association of the Action for Health in Diabetes (Look AHEAD) multidomain intensive lifestyle intervention (ILI) with MCI/PD. Methods: We included 3760 Look AHEAD participants with T2D and overweight or obesity randomly assigned to 10 years of ILI or diabetes support and education. We used k-means clustering techniques with …

Researching Covid To Enhance Recovery (Recover) Adult Study Protocol: Rationale, Objectives, And Design, Leora I. Horwitz, Tanayott Thaweethai, Shari B. Brosnahan, Mine S. Cicek, Megan L. Fitzgerald, Jason D. Goldman, Rachel Hess, S. L. Hodder, Vanessa L. Jacoby, Michael R. Jordan, Jerry A. Krishnan, Adeyinka O. Laiyemo, Torri D. Metz, Lauren Nichols, Rachel E. Patzer, Anisha Sekar, Nora G. Singer, Lauren E. Stiles, Barbara S. Taylor, Shifa Ahmed, Heather A. Algren, Khamal Anglin, Lisa Aponte-Soto, Hassan Ashktorab, Ingrid V. Bassett, Brahmchetna Bedi, Nahid Bhadelia, Christian Bime, Marie Abele C. Bind, Lora J. Black, Andra L. Blomkalns, Hassan Brim, Mario Castro, James Chan

Division of Basic Science Faculty Publications

Importance SARS-CoV-2 infection can result in ongoing, relapsing, or new symptoms or other health effects after the acute phase of infection; termed post-acute sequelae of SARS-CoV-2 infection (PASC), or long COVID. The characteristics, prevalence, trajectory and mechanisms of PASC are ill-defined. The objectives of the Researching COVID to Enhance Recovery (RECOVER) Multi-site Observational Study of PASC in Adults (RECOVER-Adult) are to: (1) characterize PASC prevalence; (2) characterize the symptoms, organ dysfunction, natural history, and distinct phenotypes of PASC; (3) identify demographic, social and clinical risk factors for PASC onset and recovery; and (4) define the biological mechanisms underlying PASC pathogenesis. …

Post-Processed Data And Graphical Tools For A Conus-Wide Eddy Flux Evapotranspiration Dataset, J. M. Volk, J. L. Huntington, F. Melton, B. Minor, T. Wang, S. Anapalli, R. G. Anderson, S. Evett, A. French, R. Jasoni, N. Bambach, W. P. Kustas, J. Alfieri, J. Prueger, L. Hipps, L. Mckee, S. J. Castro, M. M. Alsina, A. J. Mcelrone, M. Reba, B. Runkle, M. Saber, C. Sanchez, E. Tajfar, R. Allen, M. Anderson

AES Faculty Publications and Presentations

Large sample datasets of in situ evapotranspiration (ET) measurements with well documented data provenance and quality assurance are critical for water management and many fields of earth science research. We present a post-processed ET oriented dataset at daily and monthly timesteps, from 161 stations, including 148 eddy covariance flux towers, that were chosen based on their data quality from nearly 350 stations across the contiguous United States. In addition to ET, the data includes energy and heat fluxes, meteorological measurements, and reference ET downloaded from gridMET for each flux station. Data processing techniques were conducted in a reproducible manner using …

Mosquito Bed Net Use And Associated Factors Among Pregnant Women In Rwanda: A Nationwide Survey, Joseph Kawuki, Elorm Donkor, Lilian Nuwabaine, Ghislaine Gatasi

School of Nursing & Midwifery, East Africa

Background

In malaria-endemic countries such as Rwanda, the appropriate use of mosquito bed nets is an effective intervention for malaria prevention. Despite being one of the demographics most impacted by malaria, there is a dearth of literature on the usage of mosquito bed nets by pregnant women in Rwanda. The study aimed to assess the prevalence and associated factors for mosquito bed net use among pregnant women in Rwanda

Methods

We used weighted data from the 2020 Rwanda Demographic and Health Survey of 870 pregnant women, and multistage stratified sampling was used to select participants. Multivariable logistic regression was conducted …

Sexual Violence And Associated Factors Among Women Of Reproductive Age In Rwanda: A 2020 Nationwide Cross-Sectional Survey, Lilian Nuwabaine, Joseph Kawuki, Earnest Amwiine, John Baptist Asiimwe, Quraish Sserwanja, Ghislaine Gatasi, Elorm Donkor, Humphrey Atwijukiire

School of Nursing & Midwifery, East Africa

Background; Sexual violence against women is a global public health issue with both short- and long-term effects on the physical and mental health of women. This study aimed to determine the prevalence of sexual violence and its associated factors among women of reproductive age in Rwanda.

Methods: We used secondary data from the 2020 Rwanda Demographic and Health Survey of 1,700 participants, who were selected using multistage stratified sampling. Multivariable logistic regression was conducted to explore factors associated with sexual violence using SPSS (version 25).

Results: Of the 1,700 women of reproductive age, 12.4% (95%CI: 11.0–14.1) had …

The Factors Associated With Caesarean Section At A Rural Hospital In Southwestern Uganda: A Cross-Sectional Study, Lilian Nuwabaine, Mathius Amperiize, Patience Annet Nakalega

School of Nursing & Midwifery, East Africa

Background

Globally, the overall prevalence of caesarean section (CS) is estimated at 18.6%, with 27% in high-income countries and 6% in low- and middle-income countries. There is an increase in trends of CS in Uganda from 8.5% in 2012 to 11% in 2016. No studies have been carried out to account for the high rates of CS at Kisiizi Hospital in Uganda. This study determined the proportion and factors associated with CS delivery at a rural hospital in southwestern Uganda.

Methods

This was a cross-sectional study of 321 immediate postnatal women in a rural hospital in southwestern Uganda. A structured …

The Slow Race: Achieving Equity Through Legislative And Agency Minority Impact Statements, Jancy Nielson

Minnesota Journal of Law & Inequality

No abstract provided.