Digital Commons Network^™

The Political Constraint On Constitutional Law, Abderrahmane Amalou

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the extent to which constitutional law is conditioned by political power and by the concrete structure of the state. It argues that constitutional norms cannot be understood in isolation from the historical, ideological, and institutional context in which they operate. The paper studies how political forces shape the meaning, scope, and effectiveness of constitutional rules, especially in states where formal institutions coexist with strong political constraints. It thus presents constitutional law not as a purely autonomous legal order, but as a field deeply marked by relations of power.

Article 31 Of The 1972 Constitution And Treaty Law, Hassan Ouazzani Chahdi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This study examines the provisions of Article 31 of the Moroccan Constitution of 1972 in relation to treaty law. It analyzes the constitutional allocation of powers in the negotiation, ratification, and approval of international agreements, and discusses the categories of treaties that require prior legislative authorization. The article places the Moroccan constitutional framework in comparative perspective and evaluates its ambiguities regarding simplified agreements, parliamentary control, and the place of treaties within the domestic legal order. It thus sheds light on the relationship between constitutional law and international commitments in Morocco.

Organic Laws In Morocco: A Comparative Study, Mohammed Acharki

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This study examines the emergence and legal status of organic laws in Morocco in comparative perspective. It discusses how this category of norms relates to the constitution, ordinary legislation, and the organization of public powers, while also comparing Moroccan developments with other constitutional systems. The article explores the definition, fields of application, adoption procedures, and constitutional effects of organic laws, emphasizing their special place within the legal hierarchy. It argues that organic laws play an important role in shaping constitutional practice and institutional organization.

Reference To Spain’S Most Modern Agrarian Laws And The Constitutional Norms That Inform Spanish Agrarian Law, Juan Jose Sanz Jarque

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper provides an overview of the principal modern agrarian laws in Spain and the constitutional principles that shape Spanish agrarian law. It identifies major legislative texts on agrarian reform and development, cooperatives, rural leases, agrarian transformation societies, and family farming, and then relates them to constitutional provisions adopted in 1978. The article shows how constitutional norms concerning property, social rights, environmental protection, regional development, and public intervention influence the interpretation and orientation of agrarian legislation. It offers a concise legal framework linking statutory reform to broader constitutional objectives in agriculture.

Concealed Feudal Privilege: The Past And The Future In The Making Of Property Law, Ugo Mattei

Texas A&M Journal of Property Law

This article critically examines the evolution of private property law from its origins in European and American legal traditions to its current entanglement with global capitalism and digital technology. Drawing on historical analysis and recent scholarship, the author argues that modern private property, far from realizing the promise of emancipation from feudal privilege, has served to cloak new forms of class domination. Through narratives crafted by jurists, property law has continually mediated the interests of the powerful and marginalized popular masses, substituting class-based privilege for blood privilege. The article explores how legal concepts—such as privacy and the social function of …

Property In The Short Twentieth Century, Fernando Atria

Texas A&M Journal of Property Law

This article examines the evolution of property law in the "short twentieth century," focusing on the shift from a classical, unified, and individualistic concept of property toward one defined by its "social function." Drawing on Anna di Robilant's historical analysis and legal developments in Chile, the article discusses three interrelated strands of the social critique of property: the doctrine of abuse of right, the concept of the social function of property, and the pluralist ("tree-like") model of property regimes. It contrasts the Will Theory and Interest Theory of rights to clarify the nature of "fractured rights," where legal powers may …

Lessons From The Making Of Modern Property: Reinventing Roman Law In Europe And Its Peripheries, 1789–1950, Laura S. Underkuffler

Texas A&M Journal of Property Law

This article examines the evolution and reinvention of Roman law concepts in shaping modern property law across Europe and its peripheries between 1789 and 1950. Focusing on Anna di Robilant’s analysis, it explores how nineteenth-century jurists utilized the ideal of dominium—property as an individual’s absolute entitlement—to respond to the social and economic upheavals of the era. While this model emphasized personal autonomy, freedom, and equality, it was inherently in tension with the demands of collective needs and societal change. The article discusses the practical and philosophical clashes between dominium and the social function of property, tracing the historical debates and …

Romanist-Bourgeois Property And The Development Of The Modern Capitalist World System, Anna Di Robilant

Texas A&M Journal of Property Law

This article examines the role of Romanist-bourgeois property law in the development of the modern capitalist world system, focusing on how nineteenth-century jurists deliberately crafted and adapted Roman law-based property doctrines to address the evolving social relations of production in both Europe and its peripheries. Rather than viewing legal concepts as merely reflective of broader economic transformations, the author highlights the active role played by a professional class of jurists in shaping property law to legitimize and structure emergent capitalist class dynamics. The article critically engages with competing scholarly perspectives that either privilege market expansion or downplay class relations, arguing …

Scheduling As An Organizational Capability, Felix Delmonte

Mechanical and Civil Engineering Faculty Publications

This study synthesizes evidence on schedule governance as an organizational capability integrating Lean practices, BIM, Digital Twin, and AI to convert scheduling into continuous, data driven decision making that links front line observations to executive risk appetite and funding choices, showing how 4D/5D BIM, clash detection, automated material takeoff, and IoT enabled twins shorten planning horizons, reduce design errors by up to 80%, improve timeline adherence by 20%–30%, and, when AI is applied, further cut delays by about 18% and procurement costs by approximately $2.5 million; a four layer Integrated Lean–Digital Framework is proposed to align strategic intent, collaborative digital …

Ethics Of Artificial Intelligence For Lawyers: Resistance Is Futile: Candor, Supervision, And Fees, Cliff Mckinney

Arkansas Law Notes

In Star Trek: The Next Generation, the Borg deliver their iconic warning to every species they encounter: “Resistance is futile.” The line resonates because it conveys the inevitability that once the Borg arrive, escape is no longer an option.

For lawyers, the duties of candor, supervision, and fairness in fees are just as inescapable. ABA Formal Opinion 512 (“ABA Opinion”) makes clear that, regardless of how powerful artificial intelligence becomes, it cannot relieve attorneys of their obligation. Attorneys must verify what they file, oversee how their colleagues use the technology, and ensure that clients are charged fairly. This installment examines …

Poster: Reserve & National Guard Student Transitions, James Crotty

Doctoral Student Association Conference

A qualitative study of a subgroup of veteran students facing unique socialization challenges when transitioning from the military to academic environments. This qualitative, exploratory study will use narrative inquiry to examine the socialization challenges of RANG (Reserve and National Guard) military students in the higher education community college environment. By analyzing these challenges, the researcher hopes to contribute to a greater understanding of non-traditional students and how college administrators and instructors can more effectively support their academic and career goals.

This presentation would be of particular interest to students and candidates in the Instructional Design Leadership doctoral program.

Cost Sharing Agreements & The Arm's Length Standard: A Matter Of Statutory Interpretation?, Sienna C. White

Florida Tax Review

A zeitgeist's collective momentum is curious. The arm's length standard has been the touchstone of international transfer pricing and Code section 482 for the better part of a century, but its relevance is under scrutiny. As evidenced by the Organisation for Economic Co-operation and Development's (OECD's) Base Erosion & Profit Shifting policy proposals (BEPS), a growing consensus among the international community suggests the arm's length standard is no longer adequate to accurately and fairly tax the multinational enterprises (MNEs) that make up the modem global economy. Xilinx, Inc. & Subsidiaries v. Commissioner of Internal Revenue (Xilinx I), Xilinx, Inc. …

Reimagining Graphical Representation: A Case Comment On The Registration Of India’S First Scent Trademark, Siddhant Shinde

Indian Journal of Law and Technology

This case comment analyses the Trade Marks Registry’s decision of permitting the registration of India’s first scent trademark, filed by Sumitomo Rubber Industries Ltd. for a “smell reminiscent of roses as applied to tyres”. This decision raises a key question concerning the graphical representation requirement under the Trade Marks Act, 1999. While the Registry accepted a seven-dimensional scientific vector model of the scent as sufficient graphical representation, the Order offers little engagement with the legal reasoning required to support such a departure from conventional understandings of graphical representation. Thus, this case comment attempts to doctrinally justify such an interpretive expansion …

Paul’S Porneia: A Lexical Study Of Sexual Ethics And Communal Boundaries In The Pauline Corpus, Robert G. Flores

Undergraduate Honors Theses

This thesis thoroughly examines the Apostle Paul’s use of the Greek term πορνεία within the Pauline corpus to challenge the normative translation of sexual immorality and the accompanying assumptions connected to this broad phrase. Modern scholarship continually isolates individual occurrences of πορνεία leading to inconsistent and reductionistic interpretations. Rather, through sustained philological analysis of πορνεία and its cognates, this thesis aims to situate Paul’s πορνεία within its contemporary cultural, historical, and lexical milieu with the objective of making Paul’s πορνεία distinct. With this background, it is posited that πορνεία functions as a communal boundary marker used to differentiate between the …

The Sentience Of The Horse And The Philosophy Of Natural Horsemanship: Implications For Hrd Leadership, Rob E. Carpenter

Human Resource Development Faculty Publications and Presentations

This paper advances a biologically grounded philosophy of leadership through the lens of Natural Horsemanship. It reframes leadership as an embodied, sentient process rather than a purely cognitive or behavioral construct. Drawing from neuroscience, affective biology, sociology, and human resource development (HRD), it proposes that the horse–human relationship provides a living model for relational intelligence. The horse’s exquisite attunement to human emotion—mediated through limbic regulation and bio-behavioral synchrony—reveals that influence arises not from authority but from coherence. Leadership, like horsemanship, is a reciprocal act of co-regulation in which trust, safety, and communication are revealed through physiology before language. By examining …

An Empirical Study On The Self-Compassion Among College Students In Sabah, Malaysia, Fung Lan Yong, Loreta Ling Ling Uie

Jesselton Journal of Educators and Scholars

The purpose of this study was to examine the self-compassion among 51 college students in Kota Kinabalu, Sabah, Malaysia.  Data were collected by administering the Self-Compassion Scale by Kristin D. Neff (2003), and subsequently analyzed using SPSS 26.0.  Wilcoxon signed rank test showed that four items were significant at p < 0.001, while another eight items were significant at p < 0.05 based on a hypothesized value of 3.5. Overall percentages indicated that college students tend to have a low-average level of self-compassion.  Lastly, some recommendations on ways to increase their self-compassion were made in light of the findings.

The Role Of Pet-Parenting Attitudes In Shaping Consumer Behavior Toward Preventive And Wellness-Oriented Pet Care, Jin Hua Jian, Chee Vui Wong, Jiangwei Yang

Jesselton Journal of Educators and Scholars

The increasing tendency to view pets as family members has transformed consumer behaviour in contemporary pet care markets, particularly in relation to preventive and wellness-oriented consumption. This study examines how pet-parenting attitudes shape consumer decision-making and expenditure on preventive pet care in an emerging urban context. Grounded primarily in Consumer Culture Theory, with the Theory of Planned Behavior as a supporting lens, the study adopts a quantitative approach using survey data collected from 400 urban pet-owning households. The findings indicate that pet-parenting attitudes exert a significant positive influence on preventive and wellness-oriented pet care expenditure. This influence operates both directly …

Law Alumnus Offers Gift Of Compassion, Bill Dabney

University of Mississippi News

OXFORD, Miss. – In his 47 years as a law professor, L. Darnell Weeden has witnessed students face unforeseen hardships and hopes to relieve some of the financial burden associated with such challenges.

Determining The Optimal Management Of Geriatric Type Ii Odontoid Fractures: A Comparative Network Meta-Analysis, Shaan Patel, Shiva A. Nischal, Kush M. Kale, Stavros Matsoukas, Joshua Heller, Jack Jallo, James S. Harrop, Srinivas K. Prasad

Department of Neurosurgery Faculty Papers

UNLABELLED: Type II odontoid fractures are the most common cervical injury in geriatric populations, yet optimal management remains debated. This study compared the safety and effectiveness of non-surgical management (NSM), anterior dens screw (ADS) fixation, and posterior arthrodesis (PA) in these patients. A systematic review and frequentist network meta-analysis was conducted according to PRISMA-NMA guidelines. PubMed/MEDLINE, Embase, and CENTRAL were searched from inception to October 2025. Comparative studies including patients ≥ 60 years with Anderson-D’Alonzo type II fractures and reporting at least one primary outcome (mortality, union, stable non-union, unstable non-union) were eligible. Random-effects network models generated pooled odds ratios …

Black Women In Leadership, Rhiannon Noel, Joanna Sackel

Faculty and Staff Publications & Presentations

No abstract provided.

“I Don’T Like Girls”: Centring Young Children’S Perspectives On Gender In Early Childhood Care And Education Settings., Chloe Hurley, Judith Butler, Jane O'Sullivan

Women+ in Early Career Research Symposium

Gender development begins in early childhood and is shaped through social interactions, cultural norms, and institutional practices. This paper explores how young children learn, reproduce, and at times challenge gender norms within Early Childhood Care and Education (ECCE) settings in Ireland. Drawing on Feminist Poststructuralist and Intersectional theory, the study centres children’s perspectives, addressing a gap in ECCE gender research that has largely prioritised adult voices. Using participatory, rights-based methods with children alongside educator interviews and setting observations, the study generated rich, child-led data. Preliminary findings indicate that children largely conform to traditional gender norms in play, interactions and self-expression, …

Public Perception Of Risk In Missing Persons Investigations, Harry Lockett, Stefana Juncu

International Journal of Missing Persons

The current study investigated public perceptions of risk in missing person cases. A total of 271 participants were sequentially presented with five fictional vignettes describing missing individuals. Each case included a baseline description of the disappearance being "out of character" and four of these cases were paired with an additional risk factor: substance abuse, depression, dementia, or repeat missing status. The gender of the missing person was also manipulated between participants. Participants rated each case using both the standard categorical scale (Low/Medium/High) and an Extended Scale ranging from 1 to 7 and were also invited to respond to exploratory items …

Capital Punishment And Domestic Terrorism: Reconsidering Domestic Terrorism As An Aggravating Factor, Josh B. Starner

Criminal Law Society Blog

Federal law permits the death penalty when an individual commits an offense after substantial planning to cause death or commit terrorism. Yet the ambiguity surrounding the term “terrorism,” particularly in domestic contexts, complicates the application of the federal statute. This Article argues that invoking the terrorism aggravating factor in domestic cases undermines the justifications for capital punishment and risks inconsistent enforcement. Drawing on recent examples, including the prosecution of Luigi Mangione and the deaths of Renee Good and Alex Pretti by ICE officials, this Article illustrates how the “domestic terrorist” label can cause harsh prosecutorial discretion, intensify political polarization, and …

Democracy. Sovereignty And Tax Competition: The Role Of Tax Sovereignty In Shaping Tax Cooperation, Diane Ring

Florida Tax Review

Virtually all efforts to confront and curb tax competition effectively require some measure of cooperation among nation-states. Regardless of the precise amount and type of competition deemed acceptable, the cooperation question arises. Only for those who would advocate a complete acceptance of all forms of "tax competition" would cooperation seem irrelevant, although even for those pro-competition advocates, some joint advocacy on the part of the "competing" nations has formed an important part of their efforts to maintain competitive practices. Assuming we envision a world in which there is some notable commitment by a number of nations to tackle the problem …

Epigenetic Constraint Landscapes And Repair-Mediated Genome Evolution In Human Lineages, Jaymes Mozingo

UM Graduate Student Research Conference (GradCon)

Evolutionary change is often framed primarily in terms of mutation and selection, yet this perspective overlooks a prior, testable question: which genetic changes are permitted to persist within the genome at all. This project presents a methods-driven pilot analysis that examines whether epigenetic regulation of DNA repair context constrains the retention of rare genomic variants, leaving a falsifiable signature in population-level data. The study uses de-identified, consented high-coverage Y-chromosome sequencing data and public phylogenies (e.g., FamilyTreeDNA, YFull). An explicit, a priori variant-selection rule is applied to define a class of rare lineage-discordant SNP states arising within a specified downstream phylogenetic …

Faculty Handbook Section Ii - All Faculty Policies And Procedure - Updated 03/06/2026, All Faculty

Faculty Handbooks

No abstract provided.

Executive Overreach: Evaluating The Unitary Executive Theory & The Doj, Cardozo Journal Of Equal Rights & Social Justice Symposium, Peter M. Shane, Haiyun Damon-Feng, Ashraf Ahmed, Nathaniel Donahue, Wilfred U. Codrington Iii, Rebecca Roiphe, Jocelyn Simonson, Harry Sandick, Evan T, Barr, Jessica A. Roth

2025–2026 Flyers

The Unitary Executive Theory & Multi-Member Agencies:

• Peter M. Shane, Distinguished Scholar in Residence & Adjunct Professor of Law at NYU School of Law
• Haiyun Damon-Feng, Assistant Professor of Law at Cardozo Law School
• Ashraf Ahmed, Associate Professor of Law at Columbia Law School
• Nathaniel Donahue, Golieb Fellow at NYU School of Law
• Wilfred Codrington III Walter, Floersheimer Professor of Constitutional Law

Agencies With Executive Functions: The DOJ:

• Rebecca Roiphe, Joseph Solomon Distinguished Professor of Law at New York Law School
• Jocelyn Simonson. Herman Badillo '54 Professor of Law at Brooklyn Law School
• Harry Sandick, Partner at Patterson Belknap Webb …

Dynamic Adverse Selection With Flow Limited Liability: A Closed-Form Approach To Price Regulation, Luca Di Corato, Michele Moretto

Fondazione Eni Enrico Mattei Working Papers

This paper studies a continuous-time regulatory problem in which a firm holds persistent private information about demand and is subject to a flow limited-liability constraint. The regulator regulates prices through a dynamic mechanism that ensures truthful reporting of the evolving type. Limited liability imposes a state-dependent lower bound on the firm’s instantaneous utility, inducing a reflecting boundary in continuation utility and giving rise to a tractable singular-control representation. We derive closed-form expressions for the optimal pricing rule and the associated continuation-utility function, and we characterize the optimal up-front transfer required to induce truthful revelation of the firm’s initial type. The …

Legacies Worth Considering: (Re)Examining The Assumptions Behind Denial Strategies, Samuel Zilincik

The US Army War College Quarterly: Parameters

Contemporary analyses of denial strategies risk conceptual confusion because they neglect the legacies of two distinct traditions: coercion versus control. This article explores the two traditions’ legacies from a broader perspective. It shows how neglecting those legacies contributes to conceptual confusion concerning operational conduct and strategic affairs in the South China Sea. The article facilitates smoother communication between and among civilians and military members involved in operational planning, which is essential if the United States and its allies want to combine military and nonmilitary instruments in future operations.

Successful Large-Scale Combat Operations Require Artificially Intelligent Breaching Munitions, Michael P. Carvelli

The US Army War College Quarterly: Parameters

The US Army must invest in artificial intelligence–enabled breaching munitions to succeed in large-scale combat operations. This article combines existing technologies to propose a new capability the Army does not currently possess. It lays out the current state of breaching materiel, identifies additional technology available, and proposes combining multiple pieces of existing technology to create improved breaching munitions for the Army’s use. This new capability will require practitioners and policymakers to enable the creation of artificial intelligence systems through acquisition and tactical experimentation.