Digital Commons Network^™

Lacking Copyright: A Policy Brief On The Prohibition On The Public Education Sector Of The Philippines To Own Copyright And Its Consequences, Clifford C. Chan, Yasmine Lee R. Tadeo, Sheena T. Rima, Romeo Joshua Movido

Asia-Pacific Journal of IP Management and Innovation

The COVID-19 pandemic has brought about numerous consequences upon the global community, whether socially or economically. The education sector has not been isolated from the effects of the pandemic, having to largely suspend face-to-face classes, its traditional approach to learning, in favor of alternative modalities in teaching. To ensure learning continuity despite the difficulties caused by the pandemic, the Department of Education - Philippines promulgated a series of DepEd Orders directing public and private schools to adopt alternative methods of learning such as online distance learning and the preparation of Self Learning Modules. The resort to the different learning modalities …

First Keynote Address: The Two Impeachments Of Donald J. Trump, Congressman Jamie Raskin

Missouri Law Review

I believe that violation of the Emoluments Clauses was the original sin of the Trump Administration, and it began essentially on the first day of Trump in office when he said he was not going to give up his more than 150 businesses. He was not going to stop doing business with foreign governments, and he was not taking any pledge about refusing to take money from the federal government. The Foreign Emoluments Clause states that no president, no federal official, may accept presents or emoluments – which are payments – offices or titles of any kind whatsoever from a …

Vol. 99, No. 4: Table Of Contents, Denver Law Review

Denver Law Review

No abstract provided.

Rural Decentralization And Infant Mortality Among Select Indian States: A Preliminary Analysis, Nisha Bellinger

Political Science Faculty Publications and Presentations

In 1992 the 73rd amendment to the Indian constitution called on states to create and empower rural local governments. Despite the amendment, however, there is variation in the extent of decentralization of power from states to rural local governments in the country. How has this process of decentralization influenced health outcomes in India? The research note addresses this question by collecting preliminary data on political, administrative and fiscal decentralization and examining trends in different dimensions of decentralization and infant mortality rates among select states (Assam, Rajasthan, Kerala and Tamil Nadu) from 1994 to 2017. These states display disparities in the …

Changing Hands: Recommendations To Improve New York’S System Of Gubernatorial Succession, Fordham Law School Rule Of Law Clinic, Ian Bollag-Miller, Stevenson Jean, Maryam Sheikh, Frank Tamberino

Rule of Law Clinic

Despite the frequency with which the state’s highest executive offices have changed hands, New York is unprepared to deal with a panoply of issues relating to its constitution’s gubernatorial succession provisions. In this report, the Fordham Law School Rule of Law Clinic proposes reforms to address four principal issues with the existing gubernatorial succession provisions: gubernatorial inability, gubernatorial absence, lieutenant governor replacement, and the gubernatorial line of succession.

Lying At Plea Bargaining, Thea Johnson

Georgia State University Law Review

This Article describes the regular use of lying during plea bargaining by criminal justice stakeholders and the paradox it presents for those who care about creating a fairer criminal legal system. The paradox is this: lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system, even as that lying makes way for—and sustains—the problematic system it seeks to avoid.

The Article lays out a taxonomy of lying at plea bargaining by organizing the types of lies into three categories: lies about facts, lies about law, and lies …

Tax Coordination, Blaine G. Saito

Georgia State University Law Review

The United States implements much of its social policy through its income tax laws. The Code is rife with tax expenditures for education, housing, community economic development, retirement savings, and health care to name a few. But the IRS is not an agency with expertise in any of these areas and developing such expertise would draw resources away from its core tax administration mission. Commentators have thus called for a series of changes from turning these tax expenditures into outlays for these programs to divesting the IRS/Treasury of most of the administration of social policy tax expenditures. Yet, given American …

Jurisdiction At Work: Specific Personal Jurisdiction In Flsa Collective Actions After Bristol-Myers Squibb, Anaid Reyes Kipp

Georgia State University Law Review

In Bristol-Myers Squibb Co. v. Superior Court (BMS), eighty-six California residents and five hundred ninety-two nonresidents from thirty-three different states, who had originally filed eight separate complaints, used ordinary party joinder rules to file a mass tort action in California state court, alleging that Bristol-Myers Squibb’s blood-thinning drug made them sick. The Supreme Court held in 2017 that the California state court did not have specific personal jurisdiction over the national pharmaceutical company because its contacts with California were insufficient in relation to the claims by nonresident plaintiffs. Although BMS was a mass action filed in state court, its …

Does Size Matter? Nanoscale Particle Size As An Indicator Of Inherency In Nanopharmaceutical Patent Validity, Kirsten Fehlan

Georgia State University Law Review

Scientific and technological advances in nanopharmaceuticals bring the doctrine of inherent obviousness to a head. On the one hand, nanotechnology promises to offer novel ways to target and treat traditionally incurable diseases by operating at a scale that is comparable to the scales that most biological systems use. On the other hand, nanotechnology inventions that result in improved pharmacokinetic properties are susceptible to validity challenges based on inherent obviousness.

Inherency and obviousness are two independently recognized and well-understood principles in United States patent law. Inherency refers to a claimed limitation or feature that is either necessarily present in, or the …

Foreword: Rethinking Antitrust, Susan Smelcer, Jeffrey L. Vagle

Georgia State University Law Review

No abstract provided.

Cognitive Foreclosure, Peter O'Loughlin

Georgia State University Law Review

Digital markets now fundamentally intertwine with our social and economic lives. International enforcement actions—the United States (U.S.) and European Union (E.U.) Google cases in particular—demonstrate from a behavioral economic perspective how digital platforms may be beginning to implicate antitrust’s two most fundamental doctrinal components—conduct and market power—in nuanced ways. In short, the regulatory and policy landscape showcases that we may be moving closer towards an antitrust world whereby firms can manipulate consumers’ psychological shortcomings to foreclose competition—a new form of nefarious conduct that might appropriately be termed “cognitive foreclosure.” Yet as a demand-side market failure, one should be cautious about …

Cultural Identities And Territoriality In A Global Marketplace, J. Janewa Osei-Tutu

Articles

No abstract provided.

Fair + Equitable June/July 2022, International Association Of Assessing Officers

Fair + Equitable

The June/July 2022 issue cover story reports on split tax rates and land development in Detroit.

Does The Okun's Law Hold In The Brics Countries And Nigeria?, U. Aminu, A. Abel, A. R. Garba

Economic and Financial Review

The unemployment-output nexus is a topical issue in developing countries, particularly with some evidence against the trade-off suggested by Okun’s law. This study, therefore, investigates the validity of Okun’s law in the BRICS countries and Nigeria, based on annual data between 1993 and 2020, using the Panel ARDL model. We validate the Okun’s law with evidence of an inverse relationship between output and unemployment in the BRICS countries and Nigeria. We, therefore, recommend that policymakers should boost both nominal and potential output by fully diversifying the economy to enhance productivity and reduction in the unemployment rate. We also recommend that …

Renewing The Vagueness Challenge To Crimes Involving Moral Turpitude, Melissa London

Washington Law Review

Noncitizens who have been convicted of a “crime involving moral turpitude” (CIMT) under the Immigration and Nationality Act (INA) can be deported. However, the INA fails to provide a definition for “moral turpitude” or a list of crimes that necessarily involve “moral turpitude.” As a result, judges are given wide discretion to decide when a crime is morally reprehensible enough to render a noncitizen deportable. This moral determination in the CIMT analysis has led to disparate results among the lower courts, which deprives noncitizens of meaningful notice of what conduct could render them deportable. In 1951, the Supreme Court held …

(Wp 2022-05) Change In And Changing Economics, John B. Davis

Economics Working Papers

Change in economics has likely always been a subject of discussion in economics and political economy. That discussion may have languished in the first post-World War II decades when neoclassicism was ascendent and dominated economics, but the emergence of game theory, more recently behavioral economics, and a variety of other new fields and approaches in economics since the 1980s has re-invigorated interest in the subject so that now there are many views on it. Yet systematic investigation of what change in economics involves has advanced little. Change is clearly always on-going in any discipline, but when it is said there …

Beyond Deliberate Indifference: Rethinking Institutional Responsibility And Title Ix Liability In K-12 Education, Gabrielle Maginn

Minnesota Journal of Law & Inequality

No abstract provided.

An Opportunity To Learn: Engaging In The Praxis Of School Finance Policy And Civil Rights, Davíd G. Martínez, Julian Vasquez Heilig

Minnesota Journal of Law & Inequality

No abstract provided.

Corporate Management Should All Be Feminists, Joan Macleod Heminway

Minnesota Journal of Law & Inequality

No abstract provided.

Masthead And Table Of Contents, Volume 100, Number 3

Nebraska Law Review

Articles

Voiding the Federal Analogue Act -- Andrew Fels 577

Welcoming Lakeesha and Vincenzo to the Restatement of Torts -- Barbara Kritchevsky 637

The New Qualified Immunity Quandary -- Justin C. Van Orsdol 692

When the Math Matters: Improving Statistical Advocacy in Gerrymandering Litigation Robin L. Juni 727

Note: Precedents Ignored: Erroneous Applications of Due Process Precedents Lead to Unjust Consequences for Pretrial Detainees and a Lack of Accountability for Jailers— Whitney v. City of St. Louis, 887 F.3d 857 (8th Cir. 2018) -- Deena Keilany 762

Comment: Once Mentally Ill, Always So? Maybe Yes, Maybe No: Addressing the 18 …

Once Mentally Ill, Always So? Maybe Yes. Maybe No: Addressing The 18 U.S.C. § 922(G)(4) Circuit Split And Lifetime Gun Bans For The (Formerly) Mentally Ill, Melissa J. Araiza

Nebraska Law Review

Under 18 U.S.C. § 922(g)(4), an individual who is adjudicated as mentally ill or who has received a prior involuntary commitment to a mental health institution may not possess a firearm.This federal code section was first established in the late 1960s, yet it remains unclear whether this regulation on firearms dispossession is a permanent or temporary disability.In Tyler v. Hillsdale County Sheriff’s Department (Tyler III), Clifford Tyler brought an as-applied constitutional challenge against § 922(g)(4), alleging that the statute was unconstitutional because it prevented him from possessing a firearm even though he was no longer mentally ill and …

When The Math Matters: Improving Statistical Advocacy In Gerrymandering Litigation, Robin L. Juni

Nebraska Law Review

Lawyers regularly joke about their supposed inability to address mathematical issues. However, mathematical concepts are sometimes at the core of a legal dispute, and lawyers do a disservice to their clients if they are not able to engage in effective advocacy in these contexts. This Article discusses Gill v. Whitford, a gerrymandering dispute involving an important mathematical idea— the core statistical concept of regression analysis, particularly multivariable regression analysis—which Chief Justice Roberts referred to in Whitford as “sociological gobbledygook.” In fact, the mathematical analysis has crucial implications and connections to the legal issues. This Article explains the statistics behind that …

Stigma And Rurality: How Community Type Influences Stigmatizing Views Toward Mental Illness, Kirsten P. Speights

Honors Theses

Public stigma, or a set of negative attitudes and beliefs that can contribute to discrimination against those with mental illnesses, negatively affects behavioral health care and may be particularly prevalent in rural communities. The goal of this study was to examine public stigma across rural, suburban, and urban communities, as well as its association with mental health symptoms. An online survey was conducted using Amazon’s Mechanical Turk (MTurk) service as well as the University of Southern Mississippi’s SONA platform. Demographic data, community type, and mental health symptoms were collected via self-report inventories. When looking at the combined SONA (n= 298) …

A Comparative Analysis Of Statutory Remedies For Wrongful Convictions In The Fifty States, Abigail St. John

Honors Theses

Thousands of individuals have been wrongfully convicted across the United States. When an exoneration occurs, an individual’s conviction is absolved, and their innocence is proved through newly discovered evidence. While it might be impossible to protect from the errors of the criminal justice system, it is in the hands of the state to compensate the wrongly convicted. There is an abundance of research that focuses on reforming the existing wrongful conviction compensation legislation, but there is a lack of scholarly data that explains the motivations behind this compensation. Moreover, few researchers have considered the role of partisanship and political parties …

Know Thyself: Access To Own Credit Report And The Retail Mortgage Market, Amit Kumar

Research Collection Lee Kong Chian School Of Business

Borrowers may misestimate their probability of mortgage approval in the absence of precise signals of creditworthiness. Credit reports, which contain such signals, became easily accessible for all U.S. consumers since 2005, while it was already the case in seven states. A difference-in-differences strategy exploiting this change shows that pool quality of mortgage applicants improved as a result—approvals increased, whereas subsequent delinquencies decreased. These findings are consistent with a mechanism where under-estimators enter the applicant pool and over-estimators drop out, because easier access to credit reports reduces misestimation of one’s own probability of mortgage approval. Additional findings rule out supply-driven explanations.

Coloured On The Spectrum: An Autoethnographic Examination Of Autistic Dissonance In White Australia, Black Africa, Academia & Creative Industries, Jordan Azor

Postgraduate

My dissertation is an Autoethnographic examination of Autism diagnosed in adulthood. I aim to provide authoritative, first-person perspective into experiences and reflections of a lifetime of dysfunction leading to diagnosis and the process of reconciling new diagnosis in maturity. Through Habitus and Intersectionality I retrospectively and retroactively explore issues of race, cultural context, social dysfunction, ineffective communication and professional breakdown. I provide insight into social and personal revelations informed by contextualising past experiences through the lens of then undiagnosed Autism and propose new responses and amendments of behaviour and conduct explored which seek to and effectively establish and maintain greater …

Developing And Implementing A Strategic Ministry Plan For Crosspoint Community Church In Huntington, West Virginia, Eddie C. Gandy

Doctoral Dissertations and Projects

Various organizations use strategic planning to produce growth and promote organizational health. Crosspoint Community Church in Huntington, West Virginia, had never developed or implemented a strategic plan. This project seeks to develop and implement a strategic plan for Crosspoint Community Church to produce growth and promote ministry health. A team of twenty congregants participated in the project. Through six three-hour sessions, the team used storyboarding to create a mission statement and a vision statement and identify and define the foundational values framing the strategy. The team evaluated the church’s ministries, leadership structure, facilities, and finances to develop a strategy to …

Effectiveness Of Telemental Health Services In Rural Communities, Elizabeth Vebangsi

Doctoral Dissertations and Projects

Telemental health has been recognized as a technique to improve access to care delivered to Rural communities and those willing to use telehealth services have increased tremendously since its introduction. Literature evaluates patients’ satisfaction with telemental health services and their acceptance to improve care delivery in rural communities. The literature review identified three major themes: improved care, increased use of telemental health services, and reduced cost and timesaving. Even though some studies uncovered issues from technology, poor connectivity, and delay in audio-visual transmission, the potential of mental health services continues to enhance care delivery to rural communities.

Modeling And Simulating Brain Damage From Football Helmet Impacts, Tate Russell Fonville

Doctoral Dissertations and Projects

The objective of this research was to present a model for brain damage to investigate the head’s response to mechanical loadings. A Finite Element (FE) head and brain mesh used throughout this dissertation was constructed from Magnetic Resonance Imaging (MRI) scan data of one of the authors and validated in previous research. A computational modal analysis was first conducted on the whole head and an isolated brain to identify the resonant frequencies, mode shapes, and locations. A physics-based Internal State Variable (ISV) constitutive model for polymers was modified to include damage in the form of pore growth. The brain damage …

Racial Trauma In Civil Rights Representation, Angela Onwuachi-Willig, Anthony V. Alfieri

Faculty Scholarship

Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of adversely impacted individuals and groups but also for greater awareness of the risks of secondary or vicarious trauma for lawyers who represent traumatized clients and communities. In this Article, we join this chorus of attorneys and academics. Harnessing the recent civil rights case of P.P. v. Compton Unified School District …