Digital Commons Network^™

What Constitutes A Theoretical Contribution, Noel Scott

Research outputs 2022 to 2026

No abstract provided.

After Notice And Choice: Reinvigorating “Unfairness” To Rein In Data Abuses, Lina M. Khan, Samuel A.A. Levine, Stephanie T. Nguyen

Faculty Scholarship

The Federal Trade Commission (FTC) has long served as America’s default privacy enforcer. Yet for much of its history, the agency relied on self-regulation through a “notice and choice” framework that left the public vulnerable in an era of rampant data collection and digital surveillance. Businesses overwhelmed users with dense privacy notices while amassing and exploiting vast troves of personal data. The agency’s historical approach, rooted in outdated assumptions about self-correcting markets and an ideologically cramped view of the FTC’s authorities and mandate, helped usher in a digital economy where data abuses became routine.

During the Biden Administration, the FTC …

Bound: The Imaginative Surplus Of Contractual Intent, Elizabeth F. Emens

Faculty Scholarship

Contract law is generally understood in terms of enforcement. The legal definition of a contract is a promise that the state will enforce. Individuals are empowered by contract law to create legal arrangements that the state will step in and enforce. And yet most contracts never make it to court.

This Article inverts the conventional focus on enforcement through a study of extralegal contracts. These are formal written agreements that parties call contracts but are not intended for legal enforcement. Examples of these extralegal contracts include no-suicide contracts and contracts for sexual slavery.

Examining extralegal contracts offers multiple insights. First, …

Litigating National Security In The Wto Era, Petros C. Mavroidis

Faculty Scholarship

From one dispute between 1948 and 1994, there have now been 14 requests for a panel establishment (based on the General Agreement on Tariffs and Trade (GATT), Article XXI – the exception for national security) during the World Trade Organization (WTO) era (1995–now). The majority of them ended up in the issuance of a panel report, all of which were issued after 5 April 2019. As the WTO Appellate Body has been dysfunctional as of November 2019, no appellate report has been issued. Appeals have been lodged, but as there is no Appellate Body to entertain them, they were lodged …

The Past, Present, And Future Of Proxy Voting Choice, Dorothy S. Lund

Faculty Scholarship

This article provides an early attempt at understanding what voluntary pass-through voting could mean for the marketplace. I first provide an overview of my argument in my 2018 Journal of Corporation Law article and the events that followed. I then survey passthrough voting initiatives that have taken hold at three asset managers — BlackRock, Vanguard, and State Street. I then conclude with some preliminary observations about how voting choice is likely to affect the proxy voting landscape and outline open questions.

The Financial Sector And Global Dollar System, Gary Gensler, Lev Menand, Joshua Younger

Faculty Scholarship

The second Trump administration’s approach to financial markets and institutions mixes familiar deregulatory policies with a range of other policies (financial and non-financial) that are largely without precedent and may lead to significant structural change in the long term. Combined, these policies have the potential to affect the financial sector in at least four ways. First, they could threaten the foundations of the global dollar system – mutual cooperation, trust, and interdependency, both between the producers and consumers of financial instruments and among the nations that constitute the dollar bloc. Second, they may undermine financial stability by loosening prudential standards, …

Bile Acid Regulation Of Xenobiotic Nuclear Receptors On The Expressions Of Orosomucoids In The Liver, Ji Ho Suh, Inyoung Cheon, Hyun-Jung Jung, Sung Ho Lee, Mi Jeong Heo, Matthew Deberge, Clavia Ruth Wooton-Kee, Kang Ho Kim

Children’s Nutrition Research Center Staff Publications

The constitutive androstane receptor (CAR) and pregnane X receptor (PXR) are xenobiotic nuclear receptors activated by various xenobiotics, drugs, hormones, and bile acids (BAs). Upon activation, these nuclear receptors play critical roles in regulating systemic energy homeostasis. However, precise mechanisms through which CAR and PXR influence systemic metabolism remain incompletely understood. Here, we investigated the impact of CAR and PXR on the liver-secreted hormone (i.e., hepatokine) expressions in response to BA stress such as cholic acid (CA) feeding. Our analysis revealed that several BA-activated genes, including the well-known CAR/PXR target, aldo-keto reductase family 1, member B7 (Akr1b7 …

Identifying Perceived Barriers In Special Education, Alexus K. Wilson

Electronic Theses and Dissertations

This study explored the lived experiences of teachers and administrators supporting students with disabilities transitioning from special education to general education settings. Grounded in a phenomenological approach within a qualitative research paradigm, the research aimed to uncover how educators perceive and navigate the challenges, barriers, and successes associated with this complex transition process. Data were collected through semistructured interviews with a purposive sample of special education teachers, general education teachers, and school administrators from a small urban district in Texas. The study followed a qualitative methodology that focused on transition theory, and data were analyzed using thematic analysis.The research procedures …

Ti Arte Kas Representasion Ti Nakem: Umuna A Poskolonial A Panangsirig Iti The Birth Of A Founder (1971) Ni Rodrigo O. Almosara, Rene Boy E. Abiva

Katipunan

Binubuhay ni Abiva ang alaala ni Manuel V. Gallego, bilang tagapagtatag ng Manuel V. Gallego Foundation Colleges, sa pamamagitan ng pintang The Birth of a Founder (1971) ni Rodrigo Almosara. Sinusuri niya kung paanong isinesentro ni Almosara sa gitna ng kambas ang larawan ni Gallego upang palibutan ng mga imaheng nagpapakita ng naging ambag niya sa paglinang ng mga sektor ng wika, edukasyon, at agrikultura sa Nueva Ecija at higit na malawak na rehiyon ng Gitnang Luzon. Dinadakila ni Abiva ang alaala ni Gallego bilang bisyonaryo na nagsulong ng kaniyang makabayang pagtanaw sa muling pagbubuo ng bansa sa gitna ng …

Asino Ti Agtawid?: Ti Panagabel Iti Kina-Ilokano Iti Self-Portrait Mask (2021) Ni Luce F. Melegrito, Mark Louie Tabunan

Katipunan

Hinaharap dito ni Tabunan ang Self-portrait Mask 1 (2021), isang ilustrasyong digital ni Luce Melegrito, upang pag-aralan ang kasalimuotan ng usapin ng identidad na hinubog ng kasaysayan at karanasan ng migrasyon at diaspora. Isinusulong niya ang performatibong kalikasan ng identidad sa paggamit ng wika at paghabi ng mga imaheng hinango sa personal na buhay, binuo ng magkakahidwang puwersa ng turismo, at kinilala bilang integral na bahagi ng kultural na pamana. Sa halip na ituring na instrumento ng pagkukubli, nagiging obheto ng paglikha ang maskara sa loob ng pagsusuri ni Tabunan. Ginagawan niya ng paralelismo ang kasaysayan ng pagkakatatag ng Calle …

The Ownership Of Mine Tailings, Barry Barton

UBC Law Review

No abstract provided.

International Abolitionist Advocacy: The Rise Of Global Networks To Advance Human Rights And The Promise Of The Worldwide Campaign To Abolish Capital Punishment, John D. Bessler

All Faculty Scholarship

The modern international human rights movement began with the U.N. Charter and the U.N. General Assembly's adoption of the Universal Declaration of Human Rights. Although the movement to abolish the death penalty is rooted in the Enlightenment, global advocacy to halt executions and to abolish capital punishment has accelerated exponentially in recent decades. This Article discusses the origins of global networks to advance human rights and highlights the growing international advocacy, including by nation-states and nongovernmental organizations ("NGOs"), for a worldwide moratorium on executions and to abolish capital punishment altogether. The total number of countries conducting executions in the past …

Antibacterial Performance Of Fe₂O₃ Nanoparticles Synthesized Via Biosynthesis From Chitosan, Faisal Kadhim, Mohamed Bedoui, Ali Aldalawi

Journal of Applied Sciences and Nanotechnology

In this study, Fe₂O₃ nanoparticles were synthesized by a hydrothermal method using chitosan extract and ferric chloride (FeCl₃) as precursor at 150 °C. The hydrothermal approach provides precise control over the size and morphology of the nanoparticles by promoting the decomposition and crystallization of the precursors near their evaporation temperatures. The aim of this study was to quantify the antibacterial activity of the nanoparticles to regulate the production of Fe₂O₃ NPs. The optical and structural properties of Fe₂O₃ nanoparticles (NPs) were investigated and tested using various techniques, including X-ray diffraction (XRD), field emission scanning electron microscopy (FESEM), ultraviolet-visible (UV-vis) spectroscopy …

Characterization And Water Uptake Of Reinforced Polymer Blend Using Nanoclay And Rock Wool, Rana Salih, Shanaz Ahmad

Journal of Applied Sciences and Nanotechnology

The current work focuses on assessing flexural properties, and water uptake of polymeric composites prepared using various reinforcements. These additives consist of kaolinite nano clays and rock wool (RW). In addition to a polymer blend that consists of epoxy and polyester resins as the matrix. The castings were made using a hand lay-up approach. Nanoclay (NC) was added in weight fractions of 5% and 7%, together with RW added in a volume fraction of 10% as reinforcement. The impact test was employed to decide the optimum mixing ratio of the polymer blend that used as a matrix. From the results …

Assessing Teaching Effectiveness In Journalism And Communication: A Data-Driven Perspective Using Hypersoft Set, Xiaoxi Zhang

Neutrosophic Sets and Systems

No abstract provided.

Status And Distribution Of Diseases Caused By Phytoplasmas In Africa, Shakiru Adewale Kazeem, Agnieszka Zwolińska, Joseph Mulema, Akindele Oluwole Ogunfunmilayo, Shina Salihu, Joy Oluchi Nwogwugwu, Inusa Jacob Ajene, Justina Folasayo Ogunsola, Adedapo Olutola Adediji, Olubusola Fehintola Oduwaye, Kouamé Daniel Kra, Mustafa Ojonuba Jibrin, Wei Wei

All Peer-Reviewed Publications

Phytoplasma (“Candidatus Phytoplasma” species) diseases have been reported globally to severely limit the productivity of a wide range of economically important crops and wild plants causing different yellows-type diseases. With new molecular detection techniques, several unknown and known diseases with uncertain etiologies or attributed to other pathogens have been identified as being caused by Phytoplasmas. In Africa, Phytoplasmas have been reported in association with diseases in a broad range of host plant species. However, the few reports of Phytoplasma occurrence in Africa have not been collated together to determine the status in different countries of the continent. Thus, this paper …

Planning A New Paradigm: Tribal Co-Stewardship And Federal Public Lands Planning, Monte Mills, Martin Nie

Articles

Planning is a critical part of the federal government’s management of the nation’s public lands. Over the last half century, Congress has mandated that each of the four major public land management agencies; the U.S. Forest Service, the Bureau of Land Management, the U.S. Fish and Wildlife Service, and the National Park Service, develop and rely on plans to guide their oversight of public lands and resources. Virtually every activity or decision affecting these public lands can be traced back to language in—or missing from—a plan. But, despite the importance of planning, the process by which each agency develops and …

The New Redlining: How Progressive Policies Restrict The Development Of Housing Supply And Perpetuate America's Racist Property Law Past, Steve Calandrillo, Kelsey Dunn

Articles

Recent scholarship has exposed America’s racist property law past. During the twentieth century, decades of deliberate state-sponsored discrimination (a.k.a., “Redlining”) made homeownership—and the accumulation of wealth—more difficult for people of color. In 1948, the Supreme Court outlawed these practices in the seminal case, Shelly v. Kraemer. However, the damage had been done, and has proven to be long-lasting. Redlining slowed economic mobility for people of color and exacerbated the racial wealth gap. As a result, America is in the midst of an affordable housing crisis that disproportionately impacts people of color.

Readers well versed in economics and public policy …

The Equal Protection-Fourth Amendment Shell Game: An Essay On The Limited Reach Of The 2023 Affirmative Action Cases, The Fourth Amendment, And Race Beyond Skin Color, David B. Owens

Articles

In striking down race-conscious admissions at Harvard and the University of North Carolina, the Supreme Court used lofty rhetoric about the importance of ending race discrimination, even calling the command of Equal Protection “universal.” In two ways, this Essay explores the legal and practical limits of the affirmative action cases and illustrates how the Court’s claimed concern about race discrimination rings hollow. First, this Essay discusses state actors permitted to use race in their decision-making: the police. Unlike elite universities whose policies are subject to exacting scrutiny, the Supreme Court permits police to use race when deciding whom to seize …

The Role Of Smart Actuarial Calculations In Improving The Quality Of Financial Reports Of The Iraqi Insurance Company, Zena Abdulstar Allayla, Waheed Mahmood Al-Ibrahimi

Journal of Economics and Administrative Sciences

The research aims to explore the role of actuarial calculations supported by artificial intelligence technologies (smart actuarial calculations) in enhancing the accuracy and quality of financial reporting. Companies face challenges related to the accuracy, transparency, and speed of preparing financial reports, necessitating innovative solutions based on smart technologies. The research analyzed the literature and employed an exploratory methodology to study the impact of smart actuarial calculations on the integrity of financial reports. The association between the application of artificial intelligence and professional standards and their impact on the performance of insurance companies and financial reporting practices was also examined. The …

Building Open Finance, Douglas W. Arner, Ross P. Buckley, Christine M. Wang, Dirk A. Zetzsche

Notre Dame Journal of International & Comparative Law

As one of the most digitalized sectors of the economy, finance is increasingly dependent on data. Over the past decade, the implementation of Open Banking and Open Finance in an increasing number of major jurisdictions around the world, including the European Union (EU), the United Kingdom (UK), Australia, Brazil, and the United Arab Emirates (UAE), seeks to break down data silos, empower consumers, and increase competition among financial service providers, aiming to maximize the value of financial data for innovation, growth, and competitiveness. In addition to mandatory requirements, other governance approaches to Open Finance, including collaborative arrangements and voluntary initiatives, …

Re/Inventing Desire: Asexuality As A Tool For Utopian Intimacies, Amaranta Martinez Martinez

Dissertations, Theses, and Capstone Projects

Asexuality became widely known in 2001 when David Jay, launched the Asexuality, Visibility and Education Network (AVEN), however, it’s been just throughout the last decade that it has gained popularity among LGBTQ studies. This thesis explores asexuality beyond its conventional framing as a sexual orientation, positioning it instead as a theoretical framework with the potential to challenge hegemonic understandings of sexuality. It does so by tracing the historical construction of sexual desire through the discipline of sexology, demonstrating how its discourses helped reinforce compulsory sexuality—the expectation that individuals must experience and act upon sexual desire (Emens 2014). Building upon this …

Alle Or Elle: Automatic Speech Recognition On Louisiana French, Emily Chiu

Dissertations, Theses, and Capstone Projects

Applications of automatic speech recognition largely serve the most commonly spoken languages, but can cause harm through bias when used for speakers of underrepresented language varieties who are not adequately supported. This experiment’s goal is to reveal how state-of-the-art end-to-end ASR systems perform with Louisiana French, a nonstandard variety of French that has suffered a history of state-sanctioned language oppression in Louisiana.

Path Dependency And The Politics Of U.S. Health Reform, Sophia Spadafore

Dissertations, Theses, and Capstone Projects

This study examines the impact of path dependency on health reform efforts in the United States, specifically analyzing how past policy decisions constrain subsequent reform possibilities. Utilizing the theoretical framework of historical institutionalism, the study investigates two significant cases—the passage of Medicare and Medicaid in 1965 and the The Patient Protection and Affordable Care Act (ACA) in 2010—to illustrate how successful healthcare reforms embed institutional arrangements that limit future policy innovation. Through a comparative case study approach grounded in legislative records, historical texts, and scholarly analyses, the research highlights that major healthcare reforms in the U.S. have consistently been structured …

Individual, Social, And Environmental Factors Associated With Patterns Of Parasitic Infection In Capuchin Monkeys (Cebus Imitator), Megan C. Henriquez

Dissertations, Theses, and Capstone Projects

Parasites, and the infectious diseases they carry, are thought to have significantly impacted our evolutionary trajectory for millennia. Exploring how parasites are acquired and transmitted by their hosts in wild, natural populations is integral to understanding how similar processes may have shaped host-parasite co-evolutionary relationships over time. However, parasitological studies in humans and in non-human primates have produced inconsistent results, highlighting the dynamic, nuanced, and unique relationships individual parasites have with their hosts. These relationships are largely regulated by variation in factors at host, social, and environmental levels. Characteristics unique to the host (e.g., age and sex), factors pertaining to …

Looking For The Public In Public Law, Nikhil Menezes, David E. Pozen

Faculty Scholarship

The “public” is everywhere and nowhere in contemporary public law. Everywhere, in that the term is constantly invoked to justify and explain existing arrangements. Nowhere, in that serious attempts to identify a relevant public and elicit its input are few and far between. Scholars and officials depict the U.S. public as playing myriad roles in governance — checking, guiding, approving, repudiating—without offering an account of how public preferences are formed or how they exercise influence on questions of interest.

This Article seeks to identify and call attention to the foundational dilemmas underlying this disconnect, to clarify their normative contours and …

Don’T Mess With Mr. In-Between, Brian Langille, Ben Mayer-Goodman

Dalhousie Law Journal

In a separate, related paper, we reveal and criticize an important “methodical error” which is commonly made in labour law jurisprudence. In this paper, we undertake a review of the attempts by Canadian and UK legislators and decision makers to overcome some of the problems of applying labour law’s traditional orthodoxy in the face of an ever more complex world by creating new categories “in between” the existing classes of employees and independent contractors. These attempts often fail precisely because they perpetuate the traditional approach and its methodological error, maintaining its perverse incentive structures. Our advice: “Don’t mess with Mr. …

The Unfulfilled Promise Of Confédération Des Syndicats Nationaux: A Case Study On The Reconciliation Of Equality And Freedom Of Association, Andrea Talarico

Dalhousie Law Journal

The evolution of the protection of collective bargaining rights in Canada has been marked by a tension between freedom of association (section 2(d) of the Canadian Charter of Rights and Freedoms, “the Charter”) and equality (section 15(1) of the Charter). In most cases before the Supreme Court of Canada (“the SCC”), the SCC has examined both rights separately. More recently, the SCC has treated equality as a value (rather than a right), using the value of equality to inform its interpretation of freedom of association. Both these approaches (the “Siloed Approach” and the “Charter Values” approach) fail …

“17 Going On 23”: Sentencing Young People To Life In Canada, Debra Parkes

Dalhousie Law Journal

Canada is one of 67 countries worldwide that allows young people—those under the age of 18—to be sentenced to life imprisonment. In 2008, the Supreme Court of Canada recognized the presumption of diminished moral blameworthiness of young people as a constitutional principle of fundamental justice and invalidated a law that presumed youth should be sentenced as adults for some serious crimes, including murder. The burden is, therefore, always on the Crown to rebut the presumption and prove that a youth sentence would not be long enough to hold the young person accountable for their behaviour. Where the presumption can be …

Examining The Legal Responsibilities And Key Challenges Of Personal Representatives In Malaysian Inheritance Management, Muhammad Amrullah Drs Nasrul, Anis A'Fifah Zairin Zain, Wan Noraini Wan Mohd Salim

The Indonesian Journal of Socio-Legal Studies

Personal representative connotes a person authorised under the law to manage the estate of the deceased person. The personal representative is responsible to gather all the assets belonging to the deceased and distribute the assets to the beneficiaries legally. The process of inheritance management in Malaysia requires a formal application to be made to the administrative bodies for the appointment of a personal representative, either as an executor or administrator. However, instances of misappropriation of the deceased’s estate by personal representatives have raised serious concerns, affecting the proper administration of estates and the rights of beneficiaries This study emphasises on …