Digital Commons Network^™

An Analysis Of The Dpa And False Claims Act In The United States V. Colas Djibouti Case, Sophie Perret

Dissertations and Honors Papers

This thesis examines the February 2021 dual enforcement action against Colas Djibouti SARL - a Deferred Prosecution Agreement resolving criminal wire fraud charges and a parallel civil settlement under the False Claims Act - arising from the supply of substandard concrete and falsified laboratory results on United States Navy construction contracts at Camp Lemonnier, Republic of Djibouti. It argues that the resolution is at once a doctrinal success and a structural failure. Doctrinally, the case illustrates the expanding reach of U.S. federal enforcement over foreign subsidiaries operating in high-risk jurisdictions: the wire fraud statutes supplied jurisdiction where territorial principles would …

Contested Authority: The Legal Framework For Ultra Vires Sovereign Debt And Its Implications For Public Debt Transparency, Sebastian Grund, Roshak Momtahen

Emory International Law Review

Despite the absence of a dedicated legal or institutional framework governing sovereign debt, the interests of government debtors and their creditors are balanced through a plethora of private and public ordering mechanisms. This Article examines “ultra vires” debt, or debt issued beyond the powers of the issuer, as a crucial element of the debtor-creditor relationship, and a potential source of tension. It describes a situation whereby a sovereign issues a financial obligation in violation of its own domestic laws. As recent high-profile lawsuits involving Venezuela and Ukraine have shown, the legal consequences of ultra vires sovereign debt issuance are …

From Russia Without Love: A Unique Path Forward For Western Asset Holders Looking To Recover Expropriated Property In Russia, Anthony Liberatori

Northwestern Journal of International Law & Business

Chelsea Football Club, Sean Baker’s Academy Award-winning film “Anora,” and billionaire parties in St. Barth’s: the rapid rise of Russian capital since the collapse of the Soviet Union has permeated international popular culture and underscores the modern global economy. However, Vladimir Putin’s invasions into Ukraine in 2014 and 2022 have caused the international community — particularly the West — to sanction Russia, challenging its place in an increasingly globalized supply chain, and harkening anti-Russian sentiment not seen since the Cold War. In response to sanctions, Russia has begun nationalizing Western assets left behind within its borders, leaving company owners scrambling …

Taxation And The Fair And Equitable Treatment Standard In International Investment Arbitration, Jiangfeng Li

Northwestern Journal of International Law & Business

The recent decade has witnessed an increase of cases in which foreign investors have challenged host states’ taxation measures in international investment arbitrations, arguing that they violated investment treaty protection standards including fair and equitable treatment (“FET”). After conducting a close examination of cases involving taxation-related claims in international investment arbitration, this article reveals that in the cases involving the host states’ taxation measures, the ability of investors to invoke FET claims is very limited, and the chances of foreign investors succeeding in protecting their investment interests through FET claims are much lower compared to other types of non-taxation-related claims. …

Presidential Power And Global Finance: The Rise And Limits Of Financial Warfare, Michael Glanzel

Northwestern Journal of International Law & Business

The president’s power over global financial transactions has become one of the most potent tools in America’s foreign policy arsenal. Since the outbreak of World War I, presidents have frequently employed financial instruments to coerce or punish foreign actors. But it was President Biden’s employment of financial weaponry in the wake of Russia’s invasion of Ukraine that represented the most complex and far-reaching exercise of presidential power in global finance. From weakening the Russian central bank’s access to the dollar market, to cutting off key Russian financial institutions from American lenders, to deplatforming Russian entities from the Society for Worldwide …

Family Law—When Equity Isn’T Enough: The Case For Clearer Standards In Family Law—Cavanagh V. Cavanagh, 267 N.E.3d 574 (Mass. App. Ct. 2025), Brianna Conlon

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Investigation Of Factors Influencing Electric Vehicle Adoption In Indonesia: Ev Owners’ Perspectives, Desrina Yusi Irawatia, Nur Aini Masruroh, Nur Mayke Eka Normasari

ASEAN Journal on Science and Technology for Development

Electric vehicle (EV) uptake in Indonesia remains markedly below policy benchmarks. This study applies the Unified Theory of Acceptance and Use of Technology version 3 (UTAUT3), an extension of UTAUT2 that incorporates personal innovativeness as an additional construct to examine its impact on both behavioral intention and actual EV adoption within the Indonesian context. Unlike studies that typically survey the general public, this study focuses on actual EV users and owners, providing more representative and responsive insights into real-world EV usage. A total of 208 respondents participated, with 135 from the Jabodetabek area and 73 from Surabaya. The UTAUT3 framework …

Opening Address For The American Society Of International Law 2025 Midyear Meeting: "No Liberty Without An Independent Jury", Hon. Leo M. Gordon

Case Western Reserve Journal of International Law

No abstract provided.

Child Welfare And Global Governance: A New Framework For Cross-Border Accountability, Megan Ryan, Bailee Gibbs

Case Western Reserve Journal of International Law

The U.N. Convention on the Rights of the Child has long failed to adequately protect all children, such as those separated from their families due to detention, deportation, exile, imprisonment, or death. Although Article 9(4) of the UNCRC imposes obligations on States when separations occur due to the actions of State Parties, a clear gap exists between these obligations and their implementation. Specifically, Article 9(4)’s effectiveness is often undermined by obstacles such as tensions between State sovereignty and international law, insufficient domestic measures, and weak enforcement mechanisms for holding States accountable. This Article discusses these obstacles, presents two case studies …

Challenging National Security List Designations In U.S. Courts, Ruowen Shi

Case Western Reserve Journal of International Law

National security list designations have emerged as a prominent feature of U.S. foreign policy, directly targeting individuals and entities through administrative channels. Programs such as the SDN List, the Entity List, and the 1260H List deliberately restrict access to financial resources and critical technologies, functioning in practice as de facto sanctions. These lists span a regulatory spectrum, differing in statutory bases, policy objectives, and severity of consequences, but all share the common feature of making delisting extremely difficult. A series of cases demonstrates that such barriers stem primarily from the limited applicability of the Administrative Procedures Act (APA) in the …

Disrupting Power Dynamics In The Archives: The Digital Pv Panther Project, Gatekeeping, And The Texas Black Cooperative Extension & Home Demonstration Collection, T. Dewayne Moore, Evelyn Todd

The Griot - Southern Conference on African American Studies, Inc.

This article examines the Texas Black Cooperative Extension & Home Demonstration Collection at Prairie View A&M University as both a major recovery of twentieth-century Black rural history and a contemporary intervention into archival power. Funded by a National Endowment for the Humanities grant, the Digital PV Panther Project employed undergraduate and graduate students to process sixty-three county-level finding aids, 163 archival boxes, and more than 3,200 folders documenting segregated Black Extension work from 1923 to 1963. Beyond preservation, the project challenges long-standing regimes of archival gatekeeping. Drawing on critical archival studies and Black Digital Humanities scholarship, the authors argue that …

The Role Of Socioeconomic Development In Preventing Violent Extremism, Caelan Stewart

CISLA Senior Integrative Projects

No abstract provided.

From Progressive Politics To Media Censorship: Analyzing The Trajectory Of Lgbt Rights In Taiwan And China, Sabrina Malec

CISLA Senior Integrative Projects

No abstract provided.

Fisc Opinion Digest 2022 - 2025, Alejandra Gutierrez

Joint PIJIP/TLS Research Paper Series

This digest summarizes selected opinions of the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Court of Review (FISC-R) regarding Section 702 of the Foreign Intelligence Surveillance Act (FISA). It covers the FISC’s annual review of intelligence agencies’ Section 702 certifications and the FISC and FISC-R’s opinions related to the statutory definition of Electronic Communications Service Providers (ECSPs). Publicly available opinions are posted on the FISC website, and further resources are available through the Intel.gov IC on the Record Database, a website of the Office of the Director of National Intelligence (DNI).

Originalism, Methodolatry, And The Only Guarantee Of Wisconsin, Chad M. Oldfather

Faculty Publications

Originalism, loosely defined, commands a majority on the Supreme Court and dominates legal discourse in a way that would have been unrecognizable a generation ago. Yet its actual constraining effect on judicial behavior remains doubtful. This Article offers two contributions to the long-running debate. First, it identifies a pathology in both originalist scholarship and practice that it terms "methodolatry"—a preoccupation with methodological refinement that threatens to elevate method over the purposes interpretation is meant to serve. Second, and more importantly, it argues that debates over interpretive method, however vigorous, fail to address the core problem. Text and history offer relatively …

Toddlers, Investors, And Tax Policy, Lauren Shores Pelikan

Faculty Publications

There is a continuing childcare crisis that worsens every year. Congress has historically used tax incentives aimed at parents and employers to try to alleviate the lack of affordable childcare. However, with private equity's increasing investment in the childcare sector, this Article advocates for an entirely new approach: Congress should encourage more people to work in the childcare sector by enacting a tax benefit for the individual childcare service provider.

Childcare is a broken market. The labor-intensive nature of the industry results in razor thin profit margins, and wages remain low due to entrenched racial and gender norms. There is …

The Bankruptcy Judge And The Generalist Tradition, Alexander Gouzoules

Faculty Publications

The prevailing academic consensus is that bankruptcy judges are specialists presiding over specialized courts. This Article contends that this description is incomplete and, in some respects, inaccurate. Drawing on scholarly models of judicial specialization and historical surveys of the field, this Article contends that bankruptcy judges reflect a hybrid design choice: procedural specialization combined with substantive generalism. This model delivers many of the observed benefits of judicial specialization (including efficiency and technical competence) while preserving the cross-pollination of ideas and other benefits associated with the generalist tradition of American judging.

This Article also reflects on contemporary developments—most notably the rise …

Anticancer Efficacy Of Methyl-Cantharidimide (Mca) In Liver Cancer, Yidong Li

Theses and Dissertations

Cancer is still one of the major public health challenges worldwide to the present day. Multi-drug resistance (MDR) that occurs in cancer chemotherapies is a non-negligible cause of cancer treatment failure and tumor recurrence. Overexpression of ATP-binding cassette (ABC) transporters is one of the most frequent mechanisms of MDR occurrence. Therefore, the establishment of a chemotherapy agent whose anticancer efficacy would not be affected by the overexpression of ABC transporters is in demand. Methyl-cantharidimide (MCA), a cantharidin (CTD) analog, has been approved in China for clinical liver cancer treatment. This study revealed that MCA was efficacious in the ABCB1-, ABCG2-mediated …

The Impact Of Social Media On The Occurrence And Prevalence Of Stress And Anxiety On College Students, Pushpita Paul

Theses and Dissertations

The purpose of this study was to examine the ways that social media affects stress and anxiety levels within college students. A self-administered, anonymous survey was used to assess college students’ perceptions of social media’s impact on mental health. The 14- item survey included questions on social media use, stress, anxiety, social interaction, and demographics. Data were collected both online and in person at St. John’s University. Online surveys were shared through student groups using Google Forms. In-person surveys were conducted at campus locations such as the cafeteria, student lounge, library, and events. Each survey took about 5–10 minutes to …

Deconstructing Shifting Narratives: Critical Discourse Analysis Of Terminology Trends In Unfpa’S State Of World Population Reports (1978-2024), Naqib A. Noory

Theses and Dissertations

Rooted in both scholarly inquiry and lived experience in global development, this study explored how language shapes power, inclusion, and representation. It analyzed the evolution of population and development discourse in UNFPA’s State of World Population reports (1978–2024) using Fairclough’s Level 1 Critical Discourse Analysis framework. Giddens’ Structuration Theory provided a broader lens linking linguistic change to the interaction between institutional structures and human agency. A theory-based coding framework, drawing on Malthusian, Senian, Spivakian, and MDG/SDG paradigms, guided the analysis of evolving discourse. Findings revealed a layered narrative: earlier scarcity framings persisted beneath newer development language; rights and empowerment rhetoric …

Peeking Behind The Veil Of The District-Level Literacy Leader: Does Research Match Reality?, Kristel R. Collins

Theses and Dissertations

The purpose of this study was to investigate district-level literacy leadership (DLLL), focusing on the leadership behaviors enacted by district-level literacy leaders, their alignment with the International Literacy Association Standards for the Preparation of Literacy Professionals (2017), and their use of systems thinking principles to influence literacy improvement in K–12 settings. The study addressed a critical gap in the literature regarding how DLLLs function at the district level to mediate between policy and classroom practice. Participants included six DLLLs from Central Texas public school districts. All participants held advanced degrees, had at least two years of district-level literacy leadership experience, …

Exploring The Leadership Qualities Of Lgbtq+ School Administrators Through The Prism Of The Developmental Model Of The Closet, Andrew Mcintosh

Theses and Dissertations

This qualitative study explored how LGBTQ+ school administrators perceive the influence of their lived experiences on their leadership qualities. Additionally, this study examined post-closet growth, closet adaptations, and how legal protections influence LGBTQ+ school administrators. A narrative methodology was employed to shed light on the lived experiences of participants. A mix of purposive, convenience, and snowball sampling was used for this study. The researcher recruited school administrators from public school districts and private schools located in the Northeastern United States. School administrators include positions such as assistant principal, principal, assistant superintendent, director, superintendent, and head of school. Eight participants took …

Investigating The Practicality Of Parent-Implemented Intervention In Literacy For Children With Autism Residing In Under-Resourced Communities, Chasidy P. Kennedy

Theses and Dissertations

The opportunity to learn how to read is a human right that should be available to all students. Developing strong reading skills significantly impacts a student’s quality of life, societal integration, and establishes the foundation for future academic success. Unfortunately, this belief is not always equally prioritized when it comes to educating students with developmental delays, such as autism spectrum disorder (ASD). Students with ASD often face unfair assumptions about their abilities, leading to delays in exposure to literacy instruction. Additionally, students with ASD from under-resourced communities face increased challenges, as access to timely diagnosis, high-quality educational facilities, and supportive …

A Case Study On Implementing Culturally Responsive Sustaining Education: Tesol Teachers’ Perspectives On Supporting Caribbean Immigrant Ell Students, Barbara Delaleu

Theses and Dissertations

The purpose of this qualitative case study was to explore how Teaching English to Speakers of Other Languages (TESOL) teachers implemented Culturally Responsive and Sustaining Education (CRSE) practices to support Caribbean immigrant English Language Learners (ELLs) in suburban schools. Grounded in Ogbu’s cultural ecological theory and the CRSE framework, the study examined teachers’ beliefs, instructional practices, and professional experiences to understand how culturally sustaining pedagogy (CSP) influenced student engagement and academic growth. Eight middle school TESOL teachers who worked with Caribbean immigrant ELLs—speakers of Haitian Creole, Spanish, and English-based Creoles participated in the study. Data were collected through semi-structured interviews, …

An Exploration Of The Perceptions Of Black Women Leading Interscholastic Sports Programs, Leslie Zeelika Pieters-Klatsky

Theses and Dissertations

The purpose of the study was to examine the perceptions of Black women leading interscholastic sports programs. Prior research examined the underrepresentation of women in sports leadership, but no study has examined prejudice toward the Black woman in an interscholastic sports leadership role. Data were collected through in-depth semi-structured interviews with Black women leading interscholastic athletics, using Kimberlé Crenshaw's intersectionality as a theoretical framework. This study sought to give voice to a select group of women who perceived being barred entry into the white-male-dominated field of interscholastic sports leadership by the Good Old Boys’ Network and the Good Old Girls’ …

Reading Between The Lines: Exploring How Technical High School Teachers Navigate Race And Neurodiversity Through Literacy Practices, Genesis A. Ryant

Theses and Dissertations

This qualitative study employed a hybrid hermeneutic phenomenological design to explore how technical high school teachers experienced and interpreted literacy instruction for Black and Brown neurodivergent students. Grounded in Critical Race Theory (CRT) and Disability Critical Race Theory (DisCrit), the research examined how educators’ perceptions, instructional practices, and collaborative relationships shaped access, equity, and empowerment in career and technical education contexts. Data was collected from seven academic and trade teachers through semi-structured interviews, focus groups, lesson artifacts, and reflective journals. Analysis followed Peoples’ (2020) hermeneutic explication process and Saldaña’s (2021) multi-cycle coding methods, integrating in vivo, process, and axial coding …

Police Supervisor Selection Process And The Need For Uniformity In Practices To Improve Police Leadership In The Usa, Catrina M. Rhatigan

Theses and Dissertations

Effective police leadership is crucial to sustaining the culture shift in law enforcement. Leaders need to lead, and how the executive staff assess their leadership capabilities will determine whether they are up to the task. Police executives need to determine first what their motives are: to fill open supervisory spots? Promote the best leaders? This study and the results highlight the need to focus on the latter, identify the leadership qualities that best fit your department's needs, and work from there. A lack of oversight and inconsistent standards for police supervisors leads to poor policing and inadequate responses to significant …

The Latent Lens: Exploring Hetereogeneity In The Use Of Physical Restraints Via Latent Class Analysis And The Lens Model, Andrew Miele

Theses and Dissertations

Research on the use of physical restraints has revealed high rates of heterogeneity between clinical settings and an array of potential risk factors at both the patient and provider level. This is most evident in general medical hospitals, where patient populations are more heterogenous than other settings and physicians often can rely only on observable characteristics of patients to assess safety risks. More recent work has shown that coherent subgroups of restrained patients can be derived from demographic and clinical indicators. Identification of coherent patient subgroups may aid in understanding both the heterogeneity of the restrained patient population and differences …

Emotional Valence In Sustainable Fashion Advertising And The Cognitive And Affective Drivers Of Consumer Response As Determinants Of Digital Engagement Behavior, Cassidy Jane Cisz

Theses and Dissertations

The dominance of the linear value chain and its perpetuation of overconsumption create persistent barriers to sustainable fashion brands in their effort to articulate a value proposition that justifies the price premium associated with ethical and sustainable production. To address this challenge and remain competitive within a marketplace dominated by low-cost fast fashion, these brands must differentiate through appeals that clearly reflect their values, mission, and climate commitments. While advertisements for sustainable goods use a broad set of persuasive strategies, this study evaluates two dominant emotional appeals, Positive Environmental Appeals (PEA) and Negative Environmental Appeals (NEA), both of which are …

Reading Comprehension For The English As A Second Language Learner: Oral Or Silent Reading Which Method Of Instruction Is More Effective?, Rosanne Ravo-Vernon

Theses and Dissertations

Educators have seen and will continue to see an influx of students in the classrooms who require English as a second language (ESL) instruction. The goal of this research will provide support for educators and administrators in preparing curriculum that focuses on the needs of these students. In pursuit of this aim, the researcher of this study sought to identify which method of reading instruction best suits English language learning (ELL) in the classroom. The research would identify components of both oral round robin and silent reading activities and then reading comprehension activities completed over the course of a two- …