Digital Commons Network^™

Escape Probability: Rethinking Wartime Protection Of Nuclear Facilities, Pearle M. Lipinski

Michigan Journal of International Law

The 2022 Russian attacks on the Chernobyl and Zaporizhzhia nuclear facilities in Ukraine shocked the international community. Claims that the attacks constituted war crimes immediately entered the public consciousness, and a flurry of opinions were set forth on the international humanitarian law (“IHL”) protections afforded to nuclear plants, focusing on Article 56 of Additional Protocol I of the Geneva Conventions, which provides special protection to nuclear electrical generating stations. These opinions primarily focused on the immediate applicability and shortcomings of Article 56 on the attacks at hand, often operating on the presumption that a massively consequential environmental and humanitarian disaster …

A Gap In The Cybertipline: Electronic Service Provider Liability And Child Safety, Brianna Evans-Sheehan

NYLS Law Review

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The online exploitation of children is a widespread problem that requires immediate action. This Note proposes that Congress …

The Innocence Trap, Caitlin Glass, Julian Green

Minnesota Law Review Vols. 106:2 onward (2021-present)

What makes a conviction wrongful? Developments in DNA science have led to a wave of exonerations over the past thirty years, revealing sources of error in the criminal legal process. Innocence organizations proliferated to represent people whose convictions could be overturned by newly discovered evidence. This is vital work for the individuals who are released and for the purpose of systemic change. At the same time, a focus on exonerations constructs a relatively narrow conception of wrongful convictions—one that is synonymous with factual innocence.

This Article argues that a broader conception of wrongful convictions may be revealed through co-ideation with …

Regulatory History And Judicial Review, Todd Phillips, Anthony Moffa

Minnesota Law Review Vols. 106:2 onward (2021-present)

The Administrative Procedure Act (APA) requires federal agencies to simply “incorporate in the rules adopted a concise general statement of their basis and purpose” after they receive comments from the public, and the Supreme Court ruled in Overton Park that courts are to adjudicate whether rules are arbitrary and capricious based on agencies’ contemporaneous rationales. Judge-created doctrines incentivize agencies to rely on these “concise” statements to elucidate their rationales, and, as a result, rulemaking preambles have ballooned in size as agencies seek to insulate themselves from critical courts.

This Article contends that although the APA’s statutory requirement is in tension …

Fine And Punishment: Remedial Versus Punitive Penalties Under The Eighth Amendment, Jack Swain

Minnesota Law Review Vols. 106:2 onward (2021-present)

The Bank Secrecy Act, enacted in 1970, was intended in part to prevent American taxpayers from hiding funds in secret bank accounts overseas. At the time of the Act's enactment, a former U.S. Attorney for the Southern District of New York named secret foreign accounts as the single largest loophole in American tax law. This problem persists today. Over the last two decades, several of the largest banks in Switzerland have paid billions in fines after admitting to helping American clients hide billions in taxable assets.

Obtaining a bank account in a foreign jurisdiction like Switzerland is a luxury that …

The "Miscarriage Of Justice" Exception To Appeal Waiver Enforcement: Debunking And Demystifying The Circuit Split, Bex Warner

Minnesota Law Review Vols. 106:2 onward (2021-present)

Ninety-seven percent of all federal criminal convictions come from a plea agreement, and two-thirds of federal plea agreements contain an appeal waiver. The Supreme Court has held that appeal waivers can be enforced, but not under what circumstances. What happens if a criminal defendant waives their right to appeal and then is sentenced to time incarcerated that is higher than the statutory maximum? Or what happens when a defendant claims counsel was ineffective in giving them advice about entering into the plea agreement? Or when a criminal defendant claims the judge gave them a higher sentence because they are Black? …

Presidential Control Of The Civil Service, Nicholas Bednar

Minnesota Law Review Vols. 106:2 onward (2021-present)

Conventional wisdom treats the federal civil service as largely beyond the President’s reach. This Article challenges that assumption. Legal scholars too often focus on constitutional powers rather than statutory authority. Yet the President has possessed statutory authority to regulate entrance into the civil service and the conduct of federal employees since before the passage of the Pendleton Act. Through detailed case studies spanning recruitment, conduct, unionization, and removal, this Article demonstrates how Presidents routinely alter the structure of the civil service. The analysis shows how Presidents can use this statutory authority to strengthen administrative capacity when used in good faith …

Flexible Work, Rigid Discrimination, Natalia Ramírez Lee

Minnesota Law Review Vols. 106:2 onward (2021-present)

Legal scholars optimistically predicted that the adoption of remote work would provide historically excluded workers upward mobility through an opportunity to join the workforce or access better jobs. Remote work is now widespread and the empirical data on it demonstrates that, in practice, remote work arrangements are subject to the same workplace norms and biases that disadvantage marginalized groups on-site, risking exacerbating instead of remediating inequalities. Specifically, the data suggests that, in some instances, employers are deploying remote work unequally, denying remote work to workers of color who particularly benefit from flexibility.

This Article explains how the legal system is …

The Judiciary's Intrusion Into The Power To Tax: The Constitutionality Of Taxing Unrealized Gains And Argument For Deference To The Elected Branches, Blaise Knueppel

Minnesota Law Review Vols. 106:2 onward (2021-present)

In the United States, investment income (e.g., capital gains, dividends, interest) is favored over earned income (e.g., salary, self-employment, tips). While Congress bears some responsibility for the favorable treatment that investment income gets, it has not acted alone. The judiciary, for its part, has contributed a rule that shields any taxation of investments until they have become realized. In Eisner v. Macomber (1920), the Supreme Court determined that investments must be separated from their capital and that there must be some form of receipt before the gain is considered taxable. In other words, the Macomber Court read a rule that …

Ai-Enabled Urban Decision-Making: From Infrastructure To Policy Implementation, Amir Hosein Taherkhani

Doctoral Dissertations

Urban infrastructure systems face unprecedented compound threats from aging physical stock, climate-driven hazard escalation, and large-scale systemic shocks, yet the analytical tools available to decision-makers remain inadequate in both empirical scope and equity orientation. This dissertation advances urban resilience science along two complementary empirical frontiers.The first investigation develops a deep reinforcement learning framework for socially equitable, flood-aware bridge portfolio maintenance optimization. Using Proximal Policy Optimization, a portfolio of 19 flood-vulnerable bridges in Suffolk County, Massachusetts is optimized over a multi-year planning horizon integrating HAZUS-based flood hazard simulation across four return-period scenarios (10, 50, 100, and 500 years), HEC-18 hydraulic scour …

The Long And Short Of It: Exploring The Essential Dynamics Of Select Geophysical Flows, Adhithiya Sivakumar

Doctoral Dissertations

Geophysical flows are central to important climatological processes, yet their strong turbulence and additional complexities -- density stratification, wave-current interaction, and phase change -- make analytical prediction and direct numerical simulation infeasible in many regimes. This dissertation adopts a reductionist approach in which simplified representations -- often inspired by observed scale disparities -- are utilized to isolate and investigate the organizing mechanisms of these complex flows. Within this framework, three distinct but thematically connected problems are studied.

We first study Langmuir turbulence in the open ocean, in which surface gravity waves interact with wind-driven currents to organize the mixed layer …

In Their Own Words: Why First-Generation Minority Students Take On Leadership Roles At Hispanic-Serving Institutions, Suzette Ramsundar Ed.D

Theses and Dissertations

While there is an abundance of research on student leadership and how it impacts student retention (Tinto, 1987 and Pascarella & Terenzini, 2005), it is typically from the university's perspective. This phenomenological study, however, investigated the experiences and perceptions of first-generation minority students who commuted to campus and pursued leadership roles at Hispanic-Serving Institutions (HSIs). Utilizing phenomenological methodology, this research examined the lived experiences of eight student leaders to understand how they made meaning of their leadership engagement.

Student leaders in this study shared the details of the significant challenges they navigated, including financial pressures, commuting demands, cultural barriers, and …

Comparative Law: Cases, Text, And Materials, Francesca Bignami

GW Law Faculty Publications & Other Works

This new casebook offers a contemporary approach to the teaching of comparative law.  By integrating an up-to-date set of cases, code texts, and scholarly materials drawn from the civil law and common law traditions, as well as from Islamic law and customary law, it captures today’s dynamic legal landscape.  Beyond the western jurisdictions that typically feature in the general comparative law course, the book gives sustained attention to Brazil, Pakistan, South Africa, and Ethiopia. Subject areas covered are private law, procedural law, labor law, administrative law, digital law, and constitutional law.  Looking to professional life after graduation, this book equips …

Trial By Character, Hillel J. Bavli

Emory Law Journal

In this Article, I argue that courts regularly deviate from Federal Rule of Evidence 404(b), which prohibits character evidence—evidence of a defendant’s past misdeeds offered to prove that the defendant acted in conformity with a certain character trait on the occasion in question. These deviations undermine the fairness of a trial and the presumption of innocence. The Article addresses this problem in three ways. First, it explains how courts have misinterpreted Rule 404(b)—an error that I call the permitted-purpose fallacy—and how they have fortified this misinterpretation with a body of flawed principles and precedent. Second, it reports the results …

Ambiguity's Final Auer: Insisting On Consistency After Loper Bright Enterprises, Shannon S. Pickrell

Emory Law Journal

Can one lose something they still have? Apart from this potential brainteaser, a common sense understanding of loss requires an item to actually be removed from its owner. Nevertheless, under the United States Sentencing Commission Guidelines, an interpretive rule automatically punishes convicted defendants for money they never took by including “intended loss” in the definition of loss. This interpretive rule multiplies the number of years a defendant spends in prison due to the doctrine of Auer deference, even though such a rule is not supposed to have the weight of law. Auer deference requires courts to defer to agency interpretations …

Remedying Labor Violations Of The United States–Mexico–Canada Agreement On Both Sides Of The Border, Lourdes A. Perez

Emory Law Journal

The labor provisions of the United States’ Free Trade Agreements contain language that allows labor violations to seep through unpenalized. Parties to the United States–Mexico–Canada Agreement (USMCA) sought to rectify this by drafting the most comprehensive labor provisions of any free trade agreement to date by crafting the Facility-Specific Rapid Response Mechanism (RRM). This Mechanism provides that a particular facility found to be in violation of the USMCA labor provisions must enforce a remediation plan that preserves workers’ rights or face the threat of losing its preferential trade status. The most salient way facilities breach the USMCA’s labor provisions is …

Coerced Corporate Consent, Jason J. Jarvis

Emory Law Journal

Corporations are not human beings, but they have rights, including the constitutional right of due process. The United States Supreme Court recently held in Mallory v. Norfolk Southern Railway Co. that due process is satisfied when a state requires that a corporation consent to personal jurisdiction before it can conduct business in that state. The Court did not analyze, however, whether such business registration statutes can be coercive and, if so, when. These unanswered questions expose corporations to previously unexplored risks.

Involuntary consent is an oxymoron. Consent must be knowing and voluntary, and consent extracted by threat is coerced and …

Is The Gig Really Up?: Exploring Statutory Protections For Moonlighting Workers, Chiazom E. Ugo-Obi

Emory Law Journal

Moonlighting, side hustles, and part-time jobs often refer to secondary employment pursued by employees. While the terminology may vary, the underlying reality remains the same: Legal protections against an employer’s ability to restrict such activities are limited. Nothing stops employers from implementing policies or employment contracts prohibiting participation in additional employment. For many workers, holding an additional job is not a choice born of passion or professional fulfillment but a financial necessity driven by rising costs, stagnant wages, and economic instability. These workers, often already vulnerable within the labor market, face significant challenges when employers impose restrictive policies that limit …

Renormalizing The Nondelegation Doctrine, Ronald J. Krotoszynski, Jr., Hon. A. Richard M. Blaiklock

Emory Law Journal

In West Virginia v. EPA, the Supreme Court held that with respect to regulations that involve “major questions”—meaning questions of “great political or economic significance”—the agency seeking to regulate a major question must successfully identify “clear congressional authorization” for its actions. The major questions doctrine (MQD) essentially creates a new nondelegation doctrine rule. The nondelegation doctrine requires that Congress provide an “intelligible principle” when it delegates policymaking authority to a federal administrative agency; the MQD, in turn, enforces the nondelegation doctrine by requiring Congress plainly and directly to authorize an agency to regulate major questions. It is difficult to …

Genes For Sale!, Anya E.R. Prince

Emory Law Journal

In March 2025, 23andMe, the flagship direct-to-consumer (DTC) genetic testing company, filed for bankruptcy. Just like that, the genetic information of fifteen million customers was up for sale to the highest bidder, creating a firestorm of reactions from the public, media, state attorneys general, and legislators warning of the dire outcomes that could arise from the sale of such sensitive data. The warnings seemed reasonable, as federal law does little to protect consumers from the widespread sale and misuse of their genetic data.

Yet, in retrospect, the public concerns and media frenzy could potentially be seen as excessive given the …

Unlikely Criminals: Inside The Ivf Drug Grey Market, Maybell Romero

Emory Law Journal

In this Article, I admit to committing crimes, specifically buying fertility drugs on the in vitro fertilization (IVF) drug grey market. Drawing from personal experience, I explore how people wanting to undergo IVF turn to the criminalized fertility drug grey market to access necessary but prohibitively expensive fertility medications that would otherwise be out of reach. In the absence of comprehensive insurance coverage, patients often rely on informal online communities to obtain medications at lower prices, often from other patients whose IVF cycles have been canceled or who have excess drugs. While these transactions fulfill a critical need, they also …

Making Environmental Cancer Risk Legally Visible: Legal Epidemiology, Chemical Regulation, And The Failures Of Cancer Cluster Investigations, Beverley C. Thompson

Emory Law Journal

Environmental cancer risks remain difficult to detect, investigate, and remediate despite decades of federal regulation under the Toxic Substances Control Act (TSCA). Cancer cluster investigations are designed to identify unusual patterns of cancer and their environmental causes, but fragmented authority, inconsistent methodologies, and narrow investigative frameworks routinely prevent these investigations from addressing population-level harms. By failing to detect and address cancer clusters, public health systems inadvertently perpetuate environmental injustices, disproportionately harming communities already underserved and overburdened by pollution.

These failures are not merely scientific but reflect legal and institutional design choices that determine which cancer risks are visible, investigable, and …

Variability In Mountain Pine Beetle (Coleoptera: Curculionidae) Gene Expression In Response To Increasing Concentrations Of Species-Specific Double-Stranded Rna, Kylie J. Bickler, Zachary Bragg, Flávia Pampolini, Bethany R. Kyre, Lynne K. Rieske

Entomology Faculty Publications

Sensitivity to double-stranded RNA (dsRNA)-induced gene silencing has been observed in multiple coleopterans. Initial work with mountain pine beetle, Dendroctonus ponderosae Hopkins, determined that specific ubiquitously expressed essential genes can cause mortality when silenced by carefully designed dsRNAs. However, current dsRNA production methods are not economically feasible for production at scale. Therefore, identifying the minimum efficacious dose is a critical step to deployment. To investigate the relationship between dsRNA dose and subsequent gene expression, adult mountain pine beetles were fed either a target or control dsRNA across a gradient of concentrations, including 2.5, 1.0, 0.25, and 0.025µg/µl, and relative gene …

Dissolution Or Restructuring? Fiscal Implications For Taxpayers In Special Tax Districts: A Case Study Of The Reedy Creek Improvement District, Tasha Huber

MPA/MPP/MPFM Capstone Projects

Although extensive research has examined the creation and function of special tax districts in the U.S., little research has been done regarding the fiscal and governance implications of dissolution of these entities. This study examines the fiscal outcomes of dissolution versus restructuring special districts, using the former Reedy Creek Improvement District as the primary case study. Using a qualitative approach, the analysis compares restructuring and dissolution cases in California, Vermont, and Tennessee. Drawing on publicly available material such as financial documents, media coverage, and legislative records, this research evaluates impacts on taxpayer burden. Findings suggest that dissolving large, active special …

Expenditure Management Strategies For Long-Term Fiscal Sustainability In South Korea, Jaehyun Ryu

MPA/MPP/MPFM Capstone Projects

This capstone examines strategies for managing government expenditures to secure long-term fiscal sustainability in South Korea. Although South Korea currently maintains a relatively low public debt-to-GDP ratio compared with other OECD countries, rapid population aging, slowing economic growth, and the continued expansion of mandatory expenditures pose significant long-term fiscal risks. Given the political and economic constraints associated with tax increases and growth-led debt management, this study focuses on expenditure management as a primary and feasible policy instrument for sustaining fiscal soundness.

The research combines empirical analysis with comparative case studies. First, the study examines the relationship between government debt and …

Ai Data Center Boom: An Analysis Of Economic And Legislative Impacts, Shelby Jackson

MPA/MPP/MPFM Capstone Projects

The United States is currently experiencing an Artificial Intelligence (AI) data center boom due to increased demand for generative AI following the launch of models such as ChatGPT. Data centers, particularly hyperscale data centers, have become a flashpoint due to environmental and public health concerns, along with rising utility costs. Although more than 70% of Americans do not want data centers in their community, state and local governments often offer tax incentives to attract data center development with the aim of job creation and tax revenue.

This study assessed whether the financial benefits that AI data centers may offer state …

Best Practices For Budgeting In Small Non-Profit Organizations: The Arts Commission Of Danville/Boyle County, Esther Rugerio

MPA/MPP/MPFM Capstone Projects

Nonprofit arts organizations face unique financial management challenges due to limited staffing, restricted funding sources, and fluctuating revenue streams. This thesis examines the Arts Commission of Danville/Boyle County located in Danville, KY. It identifies opportunities to strengthen financial oversight, accountability, and long-term sustainability. Using a qualitative research approach and document-based analysis, the study evaluated organizational budgets, governance documents, and nonprofit financial management best practices.

The findings revealed several areas for improvement, including reliance on line-item budgeting, recurring use of carry-forward funds, limited board financial oversight, fiscal sponsorship complexities, and a lack of formal financial policies. Recommendations include adopting a program-informed …

Should Kentucky Adopt A Formal Statewide Framework To Address The Local Fiscal Effects Of Tax-Exempt Public Universities On Host Communities?, Trina Shields, Catie Baumstark

MPA/MPP/MPFM Capstone Projects

Kentucky’s public universities provide significant educational, economic, and workforce development benefits to the Commonwealth. However, because these institutions are exempt from local property taxes, questions arise about the fiscal effects on the communities that host them. While the benefits generated by universities extend beyond municipal boundaries, the fiscal effects of tax-exempt property are often concentrated within host communities. As universities expand their campuses and acquire additional property, local governments may face increased demands for public services without a corresponding increase in property tax revenue.

This study examines whether Kentucky should adopt a formal statewide framework to address the local fiscal …

Defamation, Privacy, And The First Amendment: Cases & Problems (3rd Ed.), George Biashvili

Books

I created this resource in anticipation of teaching my Torts II class, which will primarily explore defamation and privacy torts. Though I searched for a suitable coursebook, I found that none contained all of the opinions I consider essential for teaching the nuances and complexities of these subjects. Additionally, I wanted to spare my students the exorbitant price tags associated with traditional law school texts. Hence, I assembled a collection of relevant privacy and defamation cases that align with the objectives of my course. Each case is accompanied by a set of questions to further stimulate class discussion. Where I …

Limits On Damages For Breach Of A Forum Selection Clause, Coyle, John, Monestier, Tanya

Santa Clara Law Review

When a plaintiff sues in a court other than the one designated in a forum selection clause, the defendant’s remedial options are limited. It can ask the court to dismiss the case outright. Or it can ask the court to transfer the case to the designated forum. The defendant typically cannot, however, recover money damages—in the form of attorneys’ fees and related expenses—that it incurs in the course of persuading the court that transfer or dismissal is appropriate. This is because the conventional wisdom among judges has long been that damages are not available for breach of a forum selection …