Digital Commons Network^™

How Domestic Institutions Shape The Global Tech War, Anu Bradford, Eileen Li, Matthew C. Waxman

Faculty Scholarship

The United States (U.S.), China, and the European Union (EU) are engaged in a national security-driven economic competition over advanced technology. Many scholars and commentators focus on the external dimension of this geopolitical contest; that is, they describe the strategic choices by each actor in terms of geopolitical realities, threat perceptions, and relative power. However, this Article brings to the fore the internal dimension of the global tech war. We argue that each player’s strategy in the tech war is a function of its internal features, including basic constitutional powers, domestic legal institutions, and the relationships between the government and …

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 The agency’s historical approach, rooted in outdated assumptions about self-correcting markets and an ideologically cramped view of the FTC’s authorities and mandate, helped usher in a digital economy where data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 …

The Administrative State's Second Face, Emily R. Chertoff, Jessica Bulman-Pozen

Faculty Scholarship

We often assume that there is one administrative state, with one body of administrative law that governs it. In fact, the administrative state has two distinct faces: one turned toward regulation and benefits distribution, and one turned toward physical force and surveillance. The two faces are growing further apart under the Roberts Court, which has hemmed in the first face with decisions like Loper Bright while showing solicitude for national security and law enforcement agencies.

This Article delineates the two faces of the administrative state. It provides a descriptive account of the second face and the distinctive administrative law that …

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.

Beyond Issuers: The Future Of Private Securities Litigation, Joshua Mitts

Faculty Scholarship

Private securities litigation has traditionally been viewed as a subfield of corporate governance, reducing agency costs by disciplining wayward management. In this brief Symposium essay, I argue that the future of private securities litigation lies beyond issuers. I discuss how a fraud claim under Rule 10b-5 can be understood as a kind of economic tort, and set out, in broad strokes, an economic analysis of claims against non-issuer defendants. I then consider emerging trends in the case law against non-issuers in social media and market manipulation cases. I conclude by identifying some challenges and opportunities for securities litigation in a …

Law Enforcement Privilege, Rebecca Wexler

Faculty Scholarship

You can’t question a secret you haven’t been told. The criminal legal system depends on fair and open proceedings to expose and regulate unlawful and unconstitutional police conduct through the courts. If police can use claims of secrecy to systematically thwart criminal defendants’ access to evidence, judicial review will fail. And yet that is exactly what is happening under a common-law doctrine called the “law enforcement privilege.” The privilege empowers police and prosecutors to rely on the results of secret investigative methods while withholding information from the defense about how those methods work. It risks perpetuating unconstitutional conduct, enabling wrongful …

Presidential Supremacy Over Administrative Agencies, Gary Gensler, Lev Menand

Faculty Scholarship

In the United States, the public has long benefited from the role played by administrative agencies with a degree of autonomy from the White House, each agency with distinct duties and authorities to implement the law as set out by Congress.

In its first hundred days, the second Trump administration has moved rapidly to centralise control over all administrative agencies, including so-called independent agencies, which have long operated at a greater remove from the White House than ‘executive’ agencies like the Department of State and the Department of Commerce. The administration is asserting an interpretation of the Constitution known as …

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, …

Competence-Competence, Delegation, And The Aaa/Icdr Rules, Christopher R. Drahozal, George A. Bermann, Jack J. Coe Jr., Catherine A. Rogers

Faculty Scholarship

In 2021 and 2022, the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR) amended their arbitration rules to address a “potential controversy” said to be caused by the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration. The “potential controversy” is over whether the rules providing that arbitrators have “the power to rule on [their] own jurisdiction” should be interpreted as delegation clauses — that is, as “clearly and unmistakably” delegating exclusive authority to resolve jurisdictional challenges to the arbitrators instead of the court. Most courts have so interpreted the rules.

By contrast, the …

Legal Personhood For Artwork, Sergio Alberto Gramitto Ricci

UC Law Journal

Artwork is unique and irreplaceable. It is signifier and signified. The signified of a work of art is its coherent purpose. But the signified of a work of art can be altered when not protected. The ramifications of unduly altering the signified of a work of art are consequential for both living and future generations. While the law provides protection to artists and art owners, it fails to grant rights to works of art themselves. The current legal paradigm, designed around the interest of owners and artists, also falls short of protecting Indigenous art aimed at conserving traditions and cultural …

Targeting S1pr2 In Sepsis, One Fragmented Mitochondrion At A Time

Faculty, Staff and Students Publications

No abstract provided.

High Immunoproteasome And Low Constitutive Proteasome Subunit Levels Correlate With Sensitivity To Bortezomib-Containing Chemotherapy: Update From The Children’S Oncology Group Aall1231 Trial, Zinia Kwidama, Gaye Jenkins, David T Teachey, Meenakshi Devidas, Mignon L Loh, Gertjan J L Kaspers, Sonja Zweegman, Gerrit Jansen, Terzah M Horton, Jacqueline Cloos

Faculty, Staff and Students Publications

No abstract provided.

Recognition And Management Of Persistent Chylomicronemia: A Joint Expert Clinical Consensus By The National Lipid Association And The American Society For Preventive Cardiology, Vijay Nambi, Diane Brisson, Iftikhar J Kullo, P Barton Duell, Erin D Michos, Michael D Shapiro, Gerald F Watts, Daniel Gaudet, Christie M Ballantyne

Faculty, Staff and Students Publications

Extreme hypertriglyceridemia, defined as triglyceride (TG) levels ≥1000 mg/dL, is almost always indicative of chylomicronemia. The current diagnostic approach categorizes individuals with chylomicronemia into familial chylomicronemia syndrome (FCS; prevalence 1-10 per million), caused by the biallelic combination of pathogenic variants that impair the lipolytic action of lipoprotein lipase (LPL), or multifactorial chylomicronemia syndrome (MCS, 1 in 500). A pragmatic framework should emphasize the severity of the phenotype and the risk of complications. Therefore, we endorse the term "persistent chylomicronemia" defined as TG ≥1000 mg/dL in more than half of the measurements to encompass patients with the highest risk for pancreatitis, …

Collective Acoustics In Pan: Conserved Roots In The Evolution Of Human Musicality, Pawel Fedurek, Cédric Girard-Buttoz, Shinya Yamamoto

Faculty, Staff and Students Publications

The evolution of human musicality has attracted immense and intense cross-disciplinary research attention. However, despite widespread interest, there has been surprisingly little explicit focus on the conserved roots and evolutionary precursors of musicality in our closest relatives, chimpanzees (Pan troglodytes) and bonobos (P. paniscus). We here aim to evaluate the extant literature on chimpanzees and bonobos in behavioral contexts relevant to evolutionary theories of musicality, especially simultaneous production of acoustics signals by multiple individuals ("collective acoustics"). We illustrate the importance of this literature by evaluating and comparing a pair of recent, influential, and competing theories on the evolution of human …

Biomolecular Condensates In Immune Cell Fate, Yun Huang, Bruno Di Stefano

Faculty, Staff and Students Publications

Fate decisions during immune cell development require temporally precise changes in gene expression. Evidence suggests that the dynamic modulation of these changes is associated with the formation of diverse, membrane-less nucleoprotein assemblies that are termed biomolecular condensates. These condensates are thought to orchestrate fate-determining transcriptional and post-transcriptional processes by locally and transiently concentrating DNA or RNA molecules alongside their regulatory proteins. Findings have established a link between condensate formation and the gene regulatory networks that ensure the proper development of immune cells. Conversely, condensate dysregulation has been linked to impaired immune cell fates, including ageing and malignant transformation. This Review …

What Constitutes A Theoretical Contribution, Noel Scott

Research outputs 2022 to 2026

No abstract provided.

Building The Australian Counselling Profession's Research Capacity For The Future: A Collaborative Strategic Approach, Nathan Beel, E. A. Cocodia, Katrina Andrews, Stephani Stephens, Sonam Pelden, Shannon Hodges

Research outputs 2022 to 2026

Background: This paper presents an analysis of the current research landscape within the Australian counselling profession, identifying key challenges and proposing a strategic approach to building research capacity. Problem Statement: Written by a taskforce of educational leaders, it reports their perceptions and experiences of the multifaceted challenges hindering research development. These challenges encompass the limited pipeline of future doctoral-trained counselling educators, the barriers to promotion opportunities for current counsellor educators, and the impact these deficits may have on the profession overall. Proposed Solutions: To address these challenges, the paper proposes a series of targeted strategies aimed at stakeholders across the …

Developing An Inclusive Dance Guide For Children With Cerebral Palsy: A Co-Design Process And Initial Feasibility Study, Eduardo Duarte Machado, Laura Miller, Joanna Nicholas, Joanne Cross, Rhyannon Orr, Michael H. Cole

Research outputs 2022 to 2026

Background: Participation in community activities has shown positive outcomes for all children, yet those with cerebral palsy (CP) still experience varying levels of inclusion. This study aimed to address the challenges faced by families of children with CP in accessing community-based dance classes by co-designing a practical guide to support their inclusion. Design: The guide was developed through a collaborative process involving academic researchers, dance professionals, therapists and families of children with CP. The co-design phase was guided by the International Association for Public Participation (IAP2), workshops were conducted with 11 research partners, including two parents of children with CP, …

Top Management Green Commitment And Employee In-Role Green Performance: An Emerging Economy Study, Hung Trong Hoang, Nhat Tan Pham, Pi Shen Seet, Janice Jones, Nga Thi Thuy Ho

Research outputs 2022 to 2026

This study examines how and when top management green commitment influences in-role employee green performance, by investigating the mediating role of employee green passion and employee green commitment, and the moderating role of adverse working conditions. Based on a two-wave survey of 397 hotel employees in an emerging economy, Vietnam, the results show that top management green commitment, directly and indirectly, influences in-role employee green performance through employee green passion and employee green commitment. Additionally, the indirect effect of management green commitment on employee in-role green performance through employee green commitment has a stronger effect than through employees’ green passion. …

Factors Influencing Customers' Green Purchase Behavior: Ten Years Of Literature With Special Focus On Green Restaurants, Ibrahim Mahmoud Darwish, Ayman Mahmoud Bazzi, Alaaeldine Abbass Ali

BAU Journal - Creative Sustainable Development

This study aims to review the literature for ten years, from 2010 to 2019, related to customers' green purchase behavior by shedding light on the factors influencing it and the main predictors of green behavior in the restaurant industry. A systematic review of 38 articles published within ten years, “2010 to 2019” was performed, and the reviewed studies were classified depending on electronic databases. The sample was clustered according to the two main topics: customers' green purchase behavior toward restaurants and customers' perceptions toward green product consumption. The findings were analyzed based on descriptive and topic analysis. 90% of the …

Aga Khan University Medical Centre

University press releases and calendars

No abstract provided.

Resonance, Jess D. Skyleson

Masters Theses

Resonance is a digital media installation intended to facilitate a deeper understanding of inter-connection within and between ourselves and others, and to depict how our voices live both within and beyond us. The exhibit is divided into two intertwining halves:

Externally, the piece involves creative communication between people, art mediums, and life experiences. This aspect includes the contributions of thirty patients, doctors, and caregivers who responded to one another’s artwork in a series of workshops led by the artist. Starting with the creative writing of patients, this was provided to a group of unrelated medical providers, who responded with visual …

To Reflect & To Be Reflective: Student Experiences Of Critique In Art & Design Higher Education, Jade Seobin Yun

Masters Theses

This thesis investigated the critique process in art and design higher education, focusing specifically on student experiences at the Rhode Island School of Design (RISD). Through a combination of autoethnographic reflection and a campus-wide student survey, the study explored how critique was perceived, practiced, and internalized by students across disciplines. Central to this inquiry was the emotional and pedagogical complexity of critique, which was often treated as an assumed skill rather than a learned process. Drawing from personal narrative, pedagogical literature, and qualitative data, the research proposed a framework of Trust (Barrett, 2019), Courage (Brown, 2022), and Responsiveness (hooks, 1994) …

Hunting, Feiyang Zhuang

Masters Theses

This writing is about fragility and revelation of technological systems. It considers how brokenness, delay, and opacity are not flaws but openings—opportunities to reimagine our relationship to technology as something grounded, sensory, and continuous with the natural and material world.

Returning Into The Deep Forest--A Methodological Practice Around Memory, Asianness, And Speech, Yu Ye

Masters Theses

">">The title of this thesis is borrowed from the Tang dynasty poem Deer Enclosure by Wang Wei: “Empty mountain, no one in sight—only the echo of voices. Returning sunlight slips into the deep forest, shining once more on moss.” I feel like my essay is responding to this kind of sensation: light does not shine head-on, but folds back, glancing sideways through dense branches, illuminating what is often overlooked. In that gesture of return—quiet, angled, persistent. This thesis unfolds in three chapters, each following a distinct path—image (Camera Lucida by Roland Barthes), movement (The Rings of Saturn by …

Swing Landscape, Yingwen Lin

Masters Theses

The text will consist of my self-introduction and short articles. Roughly speaking, the narrative is built upon my background and personal transformation. Geographically, I was born in Shenzhen (largest migrant city in China), lived in Shanghai (China’s largest economic center and a major international financial hub), and now reside on the East Coast of the United States, as a particle moving between different cultures, global commodities, and online media. I engage subjectively in these objective changes, with objects and events shaping who I am. I consider myself an outsider, an observer, an economic enthusiast, and a newspaper reader, participating in …

Machine Learning And Optimization For Intelligent Decision-Making, Elson Cibaku

Dissertations

This dissertation presents a series of innovative machine learning and optimization model designs that address complex operational challenges across logistics and power systems. By integrating advanced neural architectures with robust optimization techniques, the work delivers scalable solutions designed to improve efficiency, reliability, and decision-making in dynamic and real-world environments. The first study introduces a two-stage approach to effective vaccine distribution. This framework tackles the capacitated vehicle routing problem by combining adaptive clustering techniques with reinforcement learning and a simulated annealing pickup policy. Through extensive computational experiments, the approach demonstrates substantial improvements in routing efficiency, reducing both computational time and logistical …

The Interplay Of Accommodation And Oculomotor Vergence Within Young Adults With Binocularly Normal Vision And Typically-Occurring Convergence Insufficiency, Sebastian Fine

Dissertations

Concerted binocular coordination evoking oculomotor and refractive responses to visual stimuli are essential to daily function. Oculomotor dysfunctions can inhibit binocular responses to visually-near stimuli and have high comorbidities to accommodative dysfunctions. Three visual cues for inward (convergent) and outward (divergent) oculomotor movements, when presented concertedly create natural-viewing conditions: disparity- the binocular difference in light cast onto the fovea due to differing ocular perspectives, blur- the acuity of a visual target which stimulates accommodation, and proximal- the perceived distance of a visual stimuli based on size.

This study aims to quantitatively investigate oculomotor vergence and accommodation performances between individuals with …