Digital Commons Network^™

Corporate Cybersecurity Governance: Director Liability Under Europe’S Nis2 Directive And The Emerging Fiduciary Duty Of Proactive Cybersecurity Oversight, Stacey B. Barrack

American University Business Law Review

This Comment examines the implications of the European Union’s Network and Information Security 2 Directive (“NIS2”) on corporate cybersecurity governance, with a particular focus on the fiduciary duties of directors in multinational corporations operating in the United States. The NIS2 Directive, adopted in 2023 and currently being transposed into national law by EU member states, mandates that boards of directors must directly approve and oversee—and can be liable for—the cybersecurity risk management measures taken by their companies. 

This Comment delves into the intersection of NIS2 with Delaware corporate law and examines how NIS2 influences the fiduciary duty of oversight for …

The Future Of Monetary Federalism: Rethinking Supremacy In The Stablecoin Era, Richard H. Fair

American University Business Law Review

[INTRODUCTION] In the summer of 2023, the State of Wyoming enacted a law authorizing its state treasurer to issue a blockchain-based, state-backed digital stablecoin known as the Wyoming Stable Token (“WYST”). Two years later, Congress passed the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act, GENIUS, or the Act), moving to establish a comprehensive federal regulatory regime for stablecoins. These dueling initiatives have sparked more than regulatory confusion; they have set the stage for a structural clash between state financial innovation and federal monetary supremacy. At the heart of this confrontation lies a question that the Constitution …

Can Corporations Be Trusted? Voluntary Compliance And The Limits Of Non-Coercive Business Regulation, Yuval Feldman

American University Business Law Review

This Article extends the voluntary compliance framework developed in Can the Public Be Trusted? The Promise and Perils of Voluntary Compliance, to the corporate context. While recent scholarship has explored when states can rely on non-coercive regulatory approaches with individual citizens, comparatively little attention has been paid to whether these insights translate to business entities. This Article argues that corporations present both greater challenges and greater opportunities for voluntary compliance regimes. On one hand, the instrumental orientation of corporate decision-making, amplified by fiduciary duties and competitive pressures, may systematically undermine the intrinsic motivations that voluntary compliance frameworks depend upon. Drawing …

A Proposed Tort To Address The Negligent Enablement Of Cloud Data Breaches, Michael L. Rustad

American University Business Law Review

[INTRODUCTION] The term “cloud computing” means the remote storage of software applications, tools, and data accessed through the internet. Cloud customers enter into subscription agreements with providers who give 24/7, on-demand, as-needed access to software, storage, and networking services owned and managed by providers through a web browser. “Many businesses are transitioning to the cloud for data storage, remote work, and collaboration.” Cloud providers operate their software as a software-as-a-service (“SaaS”) model, under which customers pay a subscription fee to access the software. Netflix and Amazon Prime Video are examples of subscription services that deliver television programs and videos through …

Preserving Platform Innovation With A Narrow Exception: Section 230(C)(1) Immunity For Algorithmic Recommendations, John "Jack" Di Masi

American University Business Law Review

This Comment examines Section 230(c)(1)’s immunity for online platforms that use machine-learning algorithms to recommend third party content and proposes a narrow exception for truly “bad-actor” cases. It reviews Section 230’s text, as well as its early cases, showing that Congress intended broad protection for editorial functions such as content organization. It then traces how recommendation algorithms evolved and how courts treat algorithmic sorting as a neutral tool. This Comment addresses conflicting interpretations and defends broad immunity for routine curation. This Comment argues that immunity should be stripped only after a balancing test under a three-factor “bad-actor” framework—one that evaluates …

The Growing Divide: The Video Privacy Protection Act’S Inconsistent Subscriber Standard And The Need For Reform, Andrea Pacheco

American University Business Law Review

The Video Privacy Protection Act of 1988 (“VPPA”) has been brought into the twenty-first century due to a series of class action lawsuits surrounding consumer privacy rights in an increasingly digital world. A circuit split has emerged among the federal appellate courts on the meaning of the word “subscriber” under the VPPA and whether the statute’s protections should extend to casual users of goods and services provided by videotape service providers. The outcome of this debate carries significant implications for consumer privacy and business compliance obligations due to the escalation of business practices involving the collection of consumer data and …

Blame It On The Algorithm (But Sue Them Both): Joint Enterprise And Agency In Ai-Driven Hiring Discrimination, Khushi Palan

American University Business Law Review

The proliferation of artificial intelligence (AI) in hiring processes has created a significant accountability gap in employment discrimination law. While federal statutes like Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act focus on finding liability for traditional employers, they fail to adequately address the unique role of third-party AI vendors whose algorithms often drive discriminatory outcomes. This Comment examines the emerging legal landscape through the lens of Mobley v. Workday, where the District Court for the Northern District of California recognized that AI vendors can function as “agents” of …

Public Facing, Privately Shielded: The Employment Gap Created By Title Vii’S Private Club Exemption, Ansley Salmon

American University Business Law Review

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination by employers but exempts “bona fide private membership clubs” that are tax-exempt under Internal Revenue Code Section 501(c). Despite this seemingly clear statutory language, there is a notable lack of appellate decisions interpreting this exemption under Title VII. This scarcity of precedent has led to inconsistent approaches across circuits. For example, the Fifth Circuit has drawn heavily from the Private Club Exemption under Title II of the Civil Rights Act while the Seventh Circuit has treated the two exemptions as entirely distinct. This Comment argues that the Title …

Dwarf Tomato Cultivar Selection Guide, Abigail Lazier, Noah Langenfeld

Plants, Soils and Climate Student Research

This cultivar guide provides information on eighteen dwarf tomato cultivars grown at Utah State University. The goal is to help growers compare varieties based on plant size, productivity, fruit characteristics, and quality. Each cultivar profile includes a photograph of the plant along with key information on growth habit, size classification, yield, fruit size, and soluble solids (°brix). Whether you are selecting tomatoes for a patio, indoor garden, greenhouse, or other space-limited growing system, this guide offers an easy-to-use resource for identifying cultivars that best match your available space and production goals.

The Tech-Nuclear Renaissance: A New Critical Juncture For American Nuclear Energy Policy, Henry P. Otte

CMC Senior Theses

Nuclear energy has re-emerged as a central priority in American energy policy. This thesis examines the Trump administration’s efforts to support nuclear energy development and plant restarts, and asks whether today’s nuclear renaissance represents a critical juncture for nuclear energy policy. By analyzing American, French, and Swedish nuclear energy history, this thesis applies a three-variable analytical framework, state autonomy and administrative structure, political permeability, and crisis influence, to identify the institutional conditions necessary for durable policy change and evaluate the structural characteristics of this new environment. The central finding is that today’s push is distinct from prior attempts at expansion, …

Promoting Occupational Harmony With High School Students Transitioning To College, Megan Maekawa

Occupational Therapy | OTD Capstone Projects

Background: Many students struggle to balance their occupations, especially in their first year of college. One reason they struggle may be that they are unprepared for the demands of college life as they transition out of high school. They may struggle with adjusting to different academic standards, adapting to their new social life, transitioning to a new environment or living situation, and managing their mental health. Occupational therapists support high school students in learning and implementing occupational harmony. Occupational therapists can support pre-college students in a summer bridge program as students learn to balance their academics, manage their social …

Cultivating An Evangelistic Culture At Mountain Chapel Methodist Church Through Preaching, Nicholas Channing Hughes

Dissertations

The purpose of this project was to examine the effectiveness of an intentional sermon series, Everyday Evangelism, in cultivating an evangelistic culture at Mountain Chapel Methodist Church, a Global Methodist congregation. The study used a program evaluation model and addressed the question, How does preaching cultivate an evangelistic culture in the local church, along with questions concerning growth in prayerfulness for the lost, gospel conversations, acts of compassion, invitations to Christian community, follow-up with seekers, and whether leaders exhibited greater change than the congregation as a whole. The project employed a pre- and post-series survey design using two participant groups, …

Immigration, “Literary Value”, And The Logic Of Late Capitalism In Piersandro Pallavicini’S Il Mostro Di Vigevano (1999), Simone Brioni Dr.

Department of English Faculty Publications

According to Fredric Jameson’s Postmodernism, or, The Cultural Logic of Late Capitalism (1991), postmodern culture functions as an expression of the logic of late capitalism, manifesting in stylistic pastiche, the dominance of spectacle, a waning of historical consciousness, and a corresponding erosion of affect. Central to Jameson’s critique is the contention that postmodernism forecloses the possibility of imagining alternatives to capitalism. This article argues that Piersandro Pallavicini’s Il mostro di Vigevano (1999) exemplifies some of these features, and it shows how its description of immigrants to Italy as ingenuous, innocent, and simple-minded insinuates that they come from backward places …

In The Beginning There Was Positive Law: Section 25, Calder V. Bull, And Constitutional Continuity, Kevin C. Walsh

Scholarly Articles

From the beginning of its operation as fundamental law for the government of the United States, the Constitution has continually operated as supreme and judicially enforceable positive law. This is the principal claim I offer as an “original-law originalist” in response to contrary claims advanced by Professor Jonathan Gienapp in Against Constitutional Originalism: A Historical Critique. Gienapp argues in Against Constitutional Originalism that “[h]istoricizing the original Constitution . . . poses a foundational challenge to originalism as it has long been conceived.”2 Constitutional originalism depends on perceived continuity with the past. But the perception of constitutional continuity turns out to …

Laudato Si' And The Limits Of Law: Reflections On The Vocation To Protect Integral Ecology, Lucia A. Silecchia

Scholarly Articles

In 2015, Pope Francis’s widely anticipated encyclical, Laudato Si’: On Care for Our Common Home, was released. It was a wide-ranging commentary on the state of the world, with much to say to economists, ecologists, farmers, theologians, educators, architects, artists, and pastors. It may, however, have been of particular interest to lawyers eager to see what Pope Francis had to say about law’s particular role. 

On this question, Laudato Si’ painted an inconsistent portrait of law’s suitability to this task. Pope Francis spoke passionately about the need for law at all levels to tackle the complexities of caring for our …

Qui Tam Relators As Article Iv Officials, Chad Squitieri

Scholarly Articles

Since the earliest days of the republic, Congress has empowered private plaintiffs—called qui tam relators—to bring claims in court on behalf of the United States. Today, qui tam litigation accounts for billions of dollars in judgments and settlements each year. But despite qui tam’s modern significance and historical pedigree, its constitutionality has recently been questioned. To wit, several sitting Supreme Court Justices have suggested that qui tam violates the President’s Article II authority because it empowers private relators—who are neither appointed nor supervised by the President—to enforce federal law. Following similar logic, a lower federal court recently ruled a prominent …

Strict Scrutiny And The Viewpoint Continuum, A.G. Harmon

Scholarly Articles

Consider the following instances: A cell phone photograph picturing a man's left kneecap. A statement that the speaker thinks, "The name Josiah is really cool." A woman who runs her bicycle over a business owner in order to gain celebrity and increase attention for her new podcast. An intentional lie told to acquire a job. A student who insists on answering his math exam questions in runic symbols.

At one point or another, American courts have considered the merits found in favor of instances similar to these and other like circumstances as amounting to "viewpoints." As such, they …

Alabama Criminal Code Development Collection, University Of Alabama School Of Law

Manuscript Collections

The Alabama Criminal Code Development Collection contains copies of the Criminal Code of Alabama, original drafts and edits, and email correspondence and meeting notes regarding creation.

Osteopathic Manipulative Treatment For Pain With Medication And Opioid-Sparing Effects: A Narrative Review, Austin Buroker, Matthew A. Savallo, Ryan Relyea, Matthew Eximond, Dennis Besong

South Atlantic Division GME Research Days 2026

No abstract provided.

Cologuard, Call To Action! A Structured Outreach Intervention For Patients With Unreturned Cologuard Kits, Crystal Bharat, Sophia Zia, Harsh Bhatt, Abd Almasih Barbar Askar, Kulwinder Bhatnura, Dhruv Patel, Dennis Besong

South Atlantic Division GME Research Days 2026

No abstract provided.

A Stroke That Wasn’T: Thrombotic Thrombocytopenic Purpura Presenting With Isolated Neurologic Deficits, Renuka Mahatara, Sahil N. Parikh, Amelia Piccone, Merid Moqattash, Nicole Ryan, Dmitri Zbarsky

South Atlantic Division GME Research Days 2026

No abstract provided.

A Case Of Rocky Mountain Spotted Fever, Deepa Nuthalapati, Natalie Kuo-Hsuan Yang, Rajiv Shah, Valerie Sinkler

South Atlantic Division GME Research Days 2026

No abstract provided.

Utilization Of Psa Testing For Prostate Cancer Screening Among Patients At A Resident-Run Outreach Clinic In Charleston, South Carolina, Usa From 2020-2025: A Retrospective Analysis, Matthew Eximond, Nick Mullins, Arpit Arora, Sirin Khajaviyan, Chris Fecek

South Atlantic Division GME Research Days 2026

No abstract provided.

A Quality Improvement Project To Enhance Early And Consistent Prenatal Care In The Spanish Speaking Female Population At The Fqhc West Ashley Fetter Clinic, Ana Martinez Conde, Sophia Zia, Joye Fordham, Dennis Besong

South Atlantic Division GME Research Days 2026

No abstract provided.

Increasing Patient Enrollment In The Healow App At Fetter Health Care Network, Genevieve Mccloskey, Goodness Ezeanyaso, Collin Cheatle, Dennis Besong

South Atlantic Division GME Research Days 2026

No abstract provided.

The Effects Of A Stepped-Care Mental Health Program On Trauma Recidivism At A Level I Trauma Center, Gabriella Rivas, Juliette Gammel, Kola George, Kenneth Ruggiero, Tatiana Davidson, Hannah Espeleta, Langdon Hartsock, Kristoff Reid

South Atlantic Division GME Research Days 2026

No abstract provided.

Red Flags: Intraoperative Transfusion As A Predictor Of Anastomotic Failure, Alejandro De Leon Castro, Aj Schwartz, A Todd-Tharaday, A Collier, Ch Meyer, C Dente, Rn Smith, Jd Sciaretta, J Nguyen

South Atlantic Division GME Research Days 2026

No abstract provided.

Does The Serum Salicylate Need To Be Checked On Every Patient With An Overdose? Could A Toxic Salicylate Concentration Be Ruled Out With The Absence Of An Elevated Anion Gap?, Ibrahim Al-Saadi, William Lopez Jr, Hedaya Othman, Nicholas Connors

South Atlantic Division GME Research Days 2026

No abstract provided.

When The Caregiver Becomes The Victim: Root Cause Analysis Of A Provider Safety Event And Development Of A Quality Improvement Framework, Sadia Akram, Barbara Gracious, Anjali Pathak, Muniza Shah

South Atlantic Division GME Research Days 2026

No abstract provided.

Comparative Assessment Of Arterial Line And Pulse Contour Derived Hemodynamics Monitoring In A Post-Cardiac Surgery Icu Patient: Pilot Observation, Chiraag Ashokkumar, Justin Gisel

South Atlantic Division GME Research Days 2026

No abstract provided.