Digital Commons Network^™

Religious Employment And The Tensions Between Liberty And Equality, R. Shawn Gunnarson, James C. Phillips, Christopher A. Bates

BYU Law Review

Located in Title VII of the Civil Rights Act of 1964 is an exemption for religious employers that is often misunderstood. Often courts and commentators mischaracterize it as a narrow privilege for religious employers to hire people of the same religion. But the statute’s text says otherwise. This article resolves interpretive debates about the meaning and application of the religious employer exemption through a close textualist reading that discovers a new understanding of the structure of Title VII. Our approach applies the tools of textualism, the prevailing theory of statutory interpretation. Paying attention to the text and structure of Title …

Rural Solar Rights, Troy A. Rule

BYU Law Review

Utility-scale solar projects on private land—the fastest growing form of energy development in the United States today—generate low-cost, carbon-free electricity and can invigorate rural economies. However, they are also attracting unprecedented local opposition as local governments across the country adopt ordinances prohibiting or severely restricting solar farm development within their jurisdictions. Fortunately, state legislatures have multiple means of preventing municipal governments from unreasonably restricting solar energy. Among other things, states can legislatively preempt excessive local solar siting restrictions, manage more solar project permitting at the state government level, or statutorily require municipalities to classify solar farms as a “permitted use” …

The Inconvenience Doctrine, Alexi Pfeffer-Gillett

BYU Law Review

In a nation of stark inequalities, the Roberts Court is often portrayed as siding with the wealthy and powerful. Many scholars argue that the Court has abandoned legal principles altogether and instead simply chooses winners and losers based on the conservative majority’s political agenda. Meanwhile, scholarly examinations of the legal reasoning underlying the Court’s most impactful decisions are largely confined to specific subject areas. Such compartmentalized analyses, though, overlook broader patterns in the Court’s rulings that transcend substantive legal boundaries.

This Article bridges the gap in these parallel conversations by connecting the Roberts Court’s reasoning across many legal fields with …

A Zealous Advocate, A Robust Cross: Cross-Examination Of Non-Adverse Witnesses By The Guardian Ad Litem, Scott Swain

BYU Law Review

“When the lives and fundamental rights of children are at stake, there must be no silent witnesses.”1 — Carol Bellamy

Systemic pressures in child welfare litigation regularly lead guardian ad litem attorneys to default to the positions and recommendations of state social services. In such cases, witnesses called by the state in trials and evidentiary hearings are non-adverse to the guardian ad litem. This dynamic undermines the purposes of cross-examination rules, threatening the procedural interests of the parties involved. This paper will use a procedural due process balancing test to guide its analysis as it proposes three potential solutions: a …

Biotechnologies And The Treaty Gap: Why Biological Weapons Governance Is Falling Behind; And Some Thoughts On How To Fix It, James Giordano

Strategic Insights

This commentary examines how rapid advances in biotechnology are outpacing the ability of existing international agreements, especially the Biological Weapons Convention (BWC), to effectively govern emerging risks. Dr. Giordano explains that technologies such as synthetic biology, gene editing, and AI-assisted biological design are creating capabilities that blur the line between legitimate research and potential misuse, leaving enforcement and oversight systems outdated. These developments expose a “treaty gap” in which governance does not match technological reality, undermining global norms against biological weaponization. Strengthening international governance frameworks, improving transparency and verification mechanisms, and incorporating emerging science into treaty language will be essential …

Titin-Related Familial Dilated Cardiomyopathy: Factors Associated With Disease Onset, Renee Johnson, Robert A Fletcher, Stacey Peters, Monique Ohanian, Magdalena Soka, Andrei Smolnikov, Katherine E Abihider, Michael J Ackerman, Flavie Ader, Mohammed M Akhtar, Ahmad S Amin, Euan A Ashley, John J Atherton, Rachel Austin, Annette F Baas, Richard D Bagnall, Samantha Barratt Ross, Jean-Louis Blouin, Emily E Brown, Henning Bundgaard, Douglas Cannie, Przemyslaw Chmielewski, Gemma Correnti, Maria Generosa Crespo-Leiro, Matteo Dal Ferro, Lisa M Dellefave-Castillo, Fernando Dominguez, Dennis Dooijes, Anne M Dybro, Youssef Ed Demri, Mohamed El Hachmi, Luis Escobar-Lopez, Sarah Jajesnica Foye, Maria Franaszczyk, Marta Gigli, Esther Gonzalez Lopez, Adeline Goudal, Sharon Graw, Michel Guipponi, Eric Haan, Jan Haas, Daniel J Hammersley, Frederikke G Hansen, Christopher S Hayward, Thomas Morris Hey, Stephane Heymans, Carolyn Y Ho, Arjan C Houweling, Jodie Ingles, Angela Ingrey, Andrew Jabbour, Paul A James, Joeri A Jansweijer, Jan D H Jongbloed, Anne M Keogh, Jose M Larrañaga-Moreira, Ronald H Lekanne Deprez, Ivan Macciocca, Peter S Macdonald, Nicolas Mansencal, Julia Mansour, Cristina Martinez-Veira, Barbara Mcdonough, Julie Mcgaughran, Kristen Medo, Marco Merlo, Ewa Michalak, Lorenzo Monserrat, Helen Mountain, Steven A Muller, Anne M Murphy, Brittney Murray, Emily C Oates, Elizabeth Ormondroyd, Nicholas Pachter, Alessia Paldino, Aurélien Palmyre, Naveen L Pereira, Kermshlise C Picard, Nicola Poplawski, Sanjay Prasad, Julie Proukhnitzky, Jean-Francois Pruny, Patricia Reant, Pascale Richard, Anne Ronan, Farbod Sedaghat-Hamedani, Christopher Semsarian, Garrett Storm, Sophie Stroeks, Petros Syrris, Matthew R G Taylor, Kate Thomson, Tina Thompson, J Peter Van Tintelen, Christoffer Rasmus Vissing, Kathryn E Waddell-Smith, Mathew Wallis, Dominica Zentner, Clare Arnott, Ali J Marian, Jaewon Oh, Siv Fokstuen, Cynthia A James, Roberto Barriales-Villa, Benjamin Meder, Karim Wahbi, John R Giudicessi, Victoria N Parikh, James S Ware, Nicolas Piriou, Caroline Rooryck, Neal K Lakdawala, Luisa Mestroni, Gianfranco Sinagra, Perry M Elliott, Hugh Watkins, Elizabeth M Mcnally, Philippe Charron, Karin Y Van Spaendonck-Zwarts, Pablo Garcia-Pavia, Maria Luisa Peña-Peña, Jens Mogensen, Alex Hoerby Christensen, Zofia T Bilińska, Torsten B Rasmussen, Jonathan G Seidman, Christine E Seidman, Anneline S J M Te Riele, Job A J Verdonschot, Yigal M Pinto, Imke Christiaans, Diane Fatkin

The Brown Foundation: Institute of Molecular Medicine

Background and aims: Truncating variants in the TTN gene (TTNtv) are the most common genetic cause of dilated cardiomyopathy (DCM) but also occur as incidental findings in the general population. This study investigated factors associated with the clinical manifestation of TTNtv.

Methods: An international multicentre retrospective observational study was performed in families with TTNtv-related DCM. Shared frailty models were used to estimate associations of variant characteristics with lifetime risk of DCM, and logistic regression to estimate odds ratios (ORs) for individual-level clinical risk factor profiles (cardiac conditions, cardiovascular comorbidities, lifestyle) and DCM.

Results: A total of 3158 subjects in 1043 …

Parliamentary Gridlock In Tanzania: An Examination Of The Politics Of Changing The Cashew Nut Industry Act (Cap 203), Palme Kawishe

Tanzania Journal of Sociology

The legislature plays a pivotal role in overseeing the management of public resources through the budget process, which provides a formal forum for debating how funds are mobilised, allocated, and spent. Through this process, the legislature reviews and amends the laws governing a government’s annual revenues and expenditures. However, legislative review is often shaped by underlying political dynamics. Focusing on legislative-executive relations, this article examines the political dynamics that unfolded in Tanzania’s parliament during the amendment of the Cashew Nut Industry Act (Cap. 203) and how these dynamics produced parliamentary gridlock. It further explores how the fusion of party and …

Legal Issues Arising From The Military Use Of Ai-Supported Biometrics, Marten Zwanenburg

International Law Studies

Biometrics is increasingly used by armed forces for a variety of purposes, such as access control, the registration of detainees, and increasingly also targeting. The capabilities of biometric systems are considerably strengthened when they are enabled by artificial intelligence (AI). This article analyzes legal questions that are raised by the military use of such AI-supported biometrics. It argues that relevant legal frameworks are International Humanitarian Law, international human rights law, and the right to privacy in particular, as well as data protection law. The article finds that arguably, IHL may require the use of (AI-supported) biometrics in certain situations if …

Multiple Sclerosis: An Ethnically Diverse Disease With Worldwide Equity Challenges Accessing Care

Faculty, Staff and Students Publications

Multiple sclerosis (MS) affects approximately 2.9 million people in the world, exerting a significant economic and societal burden. The disease is increasingly identified among populations considered as uncommonly affected. MS is reported in all regions of the World Health Organization (WHO) member states in Africa, the Americas, South-East Asia, Europe, the Eastern Mediterranean and the Western Pacific, affecting all ethnicities while exhibiting substantially variable prevalences. Countries with high MS prevalence and some with moderate frequencies generally have economically better structured healthcare systems. Nevertheless, health disparities in these countries are accentuated by suboptimal accessibility of care for their minorities, immigrants and …

Ndls Communicator: Week Of 12.22.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Supreme Court Justice Amy Coney Barrett returns to Notre Dame Law for a wide-ranging fireside conversation with students
• Notre Dame Law Professor Diane Desierto Awarded Research Grants to Advance Global Human Rights Work
• International Expertise at ND Law: Visiting Professors Strengthen Scholarship and Community
• Notre Dame Law School’s Religious Liberty Clinic Secures Return of Stephen Jarrard to County Jail’s Ministry Program After Years of Religious Discrimination
• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging court to protect Jewish communities from discriminatory land-use barriers
• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging …

Linda Simms Chin And Regina Williams, Mark Naison

Oral Histories

With their sorority-led initiatives that help unite the Bronx and its inhabitants, Chin and Williams feel a sense of optimism and pride for their borough. Both of them discuss that a prime example of this sisterhood was evident during Barack Obama’s presidency. This could be seen through both Chin and Williams, whether it was Chin reminiscing of the progress and resilience of African-Americans in the United States, or Williams discussing the fulfillment of seeing lines for blocks and blocks of people ready to vote and make this momentous day to occur. Chin and Williams recognize and acknowledge the importance of …

Advancements In Perfect Matchings Within Neutrosophic Fuzzy Graphs: Theory And Applications, Muhammad Saeed, Fatima Razaq

Neutrosophic Systems with Applications

Graph theory has been widely used in exemplifying relational structure, and a greater generalization to fuzzy and neutrosophic space enables the exemplification of uncertainty, indeterminacy, and inconsistency in complex systems. Some of these extensions include the neutrosophic fuzzy graphs that provide a more detailed description of the loose relations between the vertices and the edges. However, unlike in classical graph theory, where the concepts of matching and perfect matching are well developed, very little has been studied on how the two concepts can be extended to neutrosophic fuzzy graphs. To seal this gap, the current paper develops and defines the …

Acl Injuries In Major League Soccer: A 10-Year Analysis Of Injury Rate And Return To Play, And Performance Metrics By Player Position, Brian Forsythe, Catherine Hand, Camden Bohn, Francis Hand, Vahram Gamsarian, Daanish Khazi-Syed, Joshua Chang, Vikranth Mirle, Eric Giza, Robert Brophy, Danyal Nawabi, Bert Mandelbaum

2020-Current year OA Pubs

BACKGROUND: Anterior cruciate ligament (ACL) injuries are among the most debilitating injuries in professional soccer, often leading to extended recovery times and performance impacts. While much is known about ACL injury outcomes in European leagues, data specific to the Major League Soccer (MLS) remains limited.

PURPOSE/HYPOTHESIS: This study aimed to assess the return to play (RTP) times, RTP rates, and performance outcomes after ACL reconstruction in MLS athletes. It was hypothesized that RTP times would improve over the study period and that player performance would stabilize by the third post-injury season, consistent with findings from other professional soccer leagues.

STUDY …

Parallel Speculative Reasoning With Variable Budgets In Generative Models, Victor Carbune, Florian Hartmann

Defensive Publications Series

Generative models employing a sequential internal reasoning process with a fixed computational budget may experience latency or produce lower-quality outputs. A system for parallel speculative decoding with variable budgets can analyze an input prompt to predict a distribution of potential computational budgets and subsequently initiate multiple decoding streams in parallel, where each stream may be conditioned on a different budget from the distribution. An early termination mechanism can monitor the parallel streams and select a response from a stream that finishes its generation process, without waiting for more computationally intensive streams to complete. This technique can manage the trade-off between …

Full Issue, Kritika Kultura

Kritika Kultura

No abstract provided.

Exploring K-Pop Fandom As A Space Of Support: The Case Of Lgbtq+ Fans From Australia And The Philippines During The Covid-19 Pandemic, Thomas Baudinette, Kelsey Scholes

Kritika Kultura

This article draws upon qualitative interviews with seventeen LGBTQ+ individuals to explore the role of K-pop fandom in providing support to queer communities during the COVID-19 pandemic. The article adds a new critical perspective into academic and journalistic accounts of K-pop fandom to insist on K-pop consumption as a practice that fundamentally improves fans’ mental health. Beginning by establishing how K-pop fandom spaces, particularly on social media, were considered to already support LGBTQ+ fans’ attempts to make sense of their gendered and sexual identities under societal heteronormativity, the article details specific benefits that LGBTQ+ fans experienced with regard to their …

Symbolism In Liu Yichang’S Inside The Temple, Lingshuang Lai, Yue Zhang

Kritika Kultura

Liu Yichang’s (刘以鬯, 1918–2018) novella Inside the Temple (Sinei; 寺内), has been widely regarded, along with The Drunkard (Jiutu; 酒徒) and Intersection (Duidao; 对倒), as one of the best representatives of Liu’s work due to its narrative completeness and unique literary style. This article explores the symbols that Liu adopts in Sinei as he merges Western stream-of-consciousness techniques with Chinese poetic language. Liu’s synthesis offers fresh insight into humanity, life, and society from two perspectives: “abstract” and “concrete.” Certain images in the novella carry an “abstract” geometric quality and can be categorized as either symbols of the “straight line” (zhixian; …

Towards A Trans-Ethnic Representation Of Survival: Illness And Medical Writing In The Rag Doll Plagues, Qianqian Xu, Baojie Li

Kritika Kultura

As a peculiar condition affecting the body or mind, illness is an inescapable aspect of human existence. While intimately connected to the body, it does not belong solely to the domain of natural science. Instead, illness is a phenomenon inherently embedded in power relations and cannot be understood without the influence of external factors such as politics, religion, ideology, and economics. In Alejandro Morales’s historical novel The Rag Doll Plagues, the diachronic histories of different geographic spaces intersect synchronically due to the pervasive presence of human disease. Morales invites readers to explore the interplay between illness— particularly epidemic and pandemic …

Whose Story Is It? Postcolonial Racialization, Social (Im)Mobility, And Crony Capitalism In Tash Aw’S Five Star Billionaire, Chi Miao

Kritika Kultura

Malaysian Chinese author Tash Aw’s novel Five Star Billionaire narrates the stories of five Malaysian Chinese individuals striving to establish themselves in Shanghai by seeking opportunities for advancement, economic prosperity, and personal transformation. Drawing from Dan Shen’s narratological theory of dual narrative dynamics, which states how texts can have overt and covert narrative progressions, this article elucidates the novel’s hidden agenda by exploring how the characters’ experiences in contemporary China are intricately connected to their past in Malaysia. If interpreted according to the narrative’s overt progression, Five Star Billionaire depicts individuals who are enticed and ensnared by the forces of …

Korean Division Trauma And Mourning Communities, Kim Seok, Kim Jong Gon

Kritika Kultura

Division trauma is marked by traits specific to the Korean context, including extreme ideological polarization and a complex mix of superiority and inferiority. Our research introduces the concept of “mourning communities” as a framework for collective healing. It synthesizes the psychoanalytic theory of mourning with Turner’s notion of Communitas, understood here as an evolving mode of social engagement. While previous studies have attributed division trauma to the collapse of the “Nation≠State” caused by colonial rule and the Korean War, they have not fully accounted for its enduring impact on Korean society. We argue that division trauma was internalized within the …

Restoring A Cultural Wetland With Poetry: How Huahai Writes And Acts With A Chinese Environmental Conscious, Qingqi Wei

Kritika Kultura

My translation of Huahai—a Chinese ecological poet who is both an artist and activist—has revealed his environmental insights that are meant to be ecocritical, cross-cultural, and practically constructive. His “Twenty-Four Solar Terms”1 sound structurally at a natural pace with the seasonal changes, tune the poetic rhythms with those of the solar terms, and exude the essence of national culture without preaching archaic and complex moralities. Equally important is the poet’s anxieties based on a broader context of climate change in that he critically emphasizes excessive human activities. His concerns with global warming explicitly strike a chord with contemporary readers during …

Pilosopiko-Hermeneutikong Pagbasa Sa Mga Kaisipan Nina Bonifacio P. Sibayan, Ernesto A. Constantino, At Andrew B. Gonzalez, Fsc Hinggil Sa Wikang Panturo Sa Sistemang Pang-Edukasyon Ng Pilipinas, Jay Israel De Leon

Kritika Kultura

Pinag-aralan sa papel na ito ang kaisipan ng tatlong Pilipinong lingguwista na sina Bonifacio P. Sibayan (1916-2005), Ernesto A. Constantino (1930-2016), at Andrew B. Gonzalez, FSC (1940-2006) hinggil sa wikang panturo sa sistemang pang-edukasyon ng Pilipinas. Sa pangkalahatan, nilayon ng pag-aaral na tukuyin ang mga pagkakasundo at di-pagkakasundo ng mga pananaw ng tatlong lingguwista mula sa isang diyalohikong pagbasa sa lente ng pilosopikal na hermeneutika ni Hans-Georg Gadamer. Ipinalagay ni Gadamer na ang bawat isang inidibidwal ay may sariling “abot-tanaw” o saklaw ng paningin mula sa isang partikular na punto de bista, kabilang na ang kaniyang mga kaalaman, damdamin, at …

The Artist’S Resale Right: Global Perspectives And Vietnam’S Path To Protection Under The Evfta, Tran Anh Tuan, Tran Kien

Hasanuddin Law Review

The artist’s resale right, enabling visual artists to receive royalties from secondary market sales, is a pivotal intellectual property mechanism with varied global adoption. This article traces its historical evolution from early 20th-century legislation to its inclusion in international frameworks, contrasting the European Union and United Kingdom’s harmonized approaches with the United States’ rejection due to differing copyright philosophies. It examines the resale right provisions in a new-generation free trade agreement, analyzing Vietnam’s current legal gap under its intellectual property framework and the feasibility of incorporation. The article evaluates arguments for and against the resale right, highlighting its role in …

Judicial Discretion And Ultra Petita In Employment Termination Cases: Lessons From Dutch Arbitration System, Laode Muhammad Sabur, Abdul Razak, Hamzah Halim, Jamhur

Hasanuddin Law Review

The principle of ex aequo et bono occupies a unique position within Indonesia’s legal landscape: although not expressly codified, it is increasingly invoked by judges to pursue substantive justice in employment termination disputes. This judicial practice, however, raises concerns regarding legal certainty and the boundaries of judicial authority, especially when decisions extend beyond the parties’ claims and risk violating the ultra petita doctrine. This article examines the application of ex aequo et bono in Indonesian labor courts through a normative legal analysis, using both comparative and conceptual approaches. A focal point of the study is Supreme Court Decision No. 223 …

Feminism And Gender Equality Among Orang Asli Women: Implications For Customs And Laws, Rafidah Abd Karim, Ramlee Mustapha, Norwaliza Abd Wahab, Mohd Hasrol Hafizz Aliasak, Nurul Farhani Che Ghani, Irwansyah Irwansyah

Hasanuddin Law Review

Although Malaysia has made progress in recognising Indigenous rights, the perspectives of Orang Asli women on feminism and gender equality remain largely absent from legal and academic discourse. This article examines the legal tensions between indigenous customary laws and Malaysia’s constitutional commitment to gender equality, as perceived and experienced by Orang Asli women. The central legal issue explored is whether customary practices that reflect patriarchal norms can withstand constitutional scrutiny under Article 8 of the Federal Constitution, and how these practices align with Malaysia’s obligations under CEDAW and UNDRIP. Using a doctrinal legal methodology, the study systematically examines constitutional provisions, …

Sharenting In Malaysia: Balancing Parental Rights And Children’S Privacy In The Digital Age, Siti Zaharah Jamaluddin, Mohammad Abu Taher, Iman Syamil Ahmad Rujhan

Hasanuddin Law Review

This study explores the phenomenon of “sharenting,” the widespread practice of parents sharing information, photos, and videos of their children online, within the Malaysian context. As social media becomes deeply embedded in daily life, sharenting serves as a common means for parents to document and share their parenting journey. However, this practice raises significant concerns about striking a balance between parental rights and children’s rights to privacy, consent, and protection from long-term digital exposure. While Malaysian parents often view sharenting as an expression of their rights, it may inadvertently infringe upon the child’s autonomy and digital footprint, which is permanent …

A Cross-National Analysis Of State Institutional Authority Disputes, Jawade Hafidz

Hasanuddin Law Review

The distribution of authority among state institutions is a fundamental component of any governmental framework, as it helps prevent jurisdictional overlaps that could lead to institutional conflicts. When such conflicts over authority do occur, it becomes imperative to have a mechanism in place for their resolution. This study is designed to explore and analyze the comparative regulatory structures for resolving authority disputes among state institutions, as outlined by the legislation in Indonesia, the United States, Germany, and Canada. Furthermore, the research aims to identify the characteristics of disputes concerning state institutional authority and suggest optimal regulatory solutions for their resolution. …

Ghosts At The Gate: A Call For Vigilance Against Ai-Generated Case Hallucinations, Christina Frohock

Articles

No abstract provided.

"Diss," That, And The Other: The Legal Implications Of 'Diss Tracks', Roy S. Gutterman

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Finding Our Harmonies: Why And How Music Should Be Licensed For Use As Ai Training Material, Samantha Dietrich

Loyola of Los Angeles Entertainment Law Review

No abstract provided.