Digital Commons Network^™

Climate Exceptionalism In Court, Zachary D. Clopton, David A. Dana

Northwestern University Law Review

Across a range of cases, fossil fuel companies, government actors, and some judges have conceded that climate change is an exceptional phenomenon, only to argue that its exceptional nature is a reason to keep climate change out of court. These parties and judges thus seek to avoid the adjudication of climate cases on the merits, even when the neutral application of existing law would provide for jurisdiction in these cases. We term this phenomenon “climate jurisdiction exceptionalism.”

This Article provides a comprehensive account of climate jurisdiction exceptionalism, focusing on two main threads: Article III standing and state court jurisdiction. First, …

Preclusive Jurisdictional Dismissals, Kevin Song

Northwestern University Law Review

Every litigant deserves their day in court. At the same time, litigants cannot endlessly go to court on the same matter. A complex body of preclusion law balances these fundamental tenets by examining when adjudication of a matter precludes subsequent relitigation. This body of law has evolved over time to preserve the day-in-court ideal in a way that is sensitive to the threats that relitigation present to judicial efficiency, fair adjudication, and repose. Modern preclusion law has settled on a pragmatic approach: where a court has issued a final judgment on the merits but erroneously assumed jurisdiction, relitigation may still …

Hindsight Is 20/20: Epilepsy Is Not One-Size-Fits-All, Raika Kim

Northwestern University Law Review

For many, epilepsy is one of the first conditions that come to mind when thinking of a disability, and for good reason: over 50 million people in the world live with epilepsy. Yet misunderstandings about epilepsy have perpetuated social stigma surrounding the disability for centuries. Ableist beliefs led to the passage of laws in the 1900s condoning—and in some cases, requiring—sterilization of individuals with epilepsy and restriction of their right to marry. Even today, state driving laws, justified as promoting public safety, categorically prevent anyone diagnosed with epilepsy from driving unless they are seizure free for an arbitrary, nonuniform period …

Let's Get Personal: Due Process And Personal Jurisdiction As A New Path Forward For Extraterritoriality, Samy Abdelsalam

Northwestern University Law Review

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has put fundamental principles of federalism and state sovereignty under attack. Legislation and lawsuits in states nationwide aim to limit the rights of American citizens to travel freely between states in search of medical care. Further, these measures have extraterritorial reach, legally entangling the rights of private citizens in other states who provide medical care even while fully within their own state borders. Scholars have analyzed this development through various doctrinal lenses, including the Dormant Commerce Clause. But these frameworks fail to adequately protect those who are unfortunate enough …

The Renaissance Of Private Law, Yotam Kaplan, Adi Libson, Gideon Parchomovsky

Northwestern University Law Review

Crisis is the new normal. Between global warming, the opioid pandemic, bursts of gun violence, and political instability fueled by fake news, it is hard to remember a time when we were not facing a major catastrophe. Still more troubling, there is a growing sense that our political and regulatory institutions are faltering in their ability to offer effective responses to the incoming crises. The rapid pace at which new problems emerge—together with growing political polarization—stymies regulatory and legislative action, resulting in an inability to address contemporary challenges.

Against this gloomy background, we posit an unlikely hero: private law. Recent …

Challenging Race-Based Health Care Discrimination: A New Private Right Of Action, Aaron Pinkett

Northwestern University Law Review

The Hippocratic Oath calls on doctors to “do no harm.” Yet we know from extensive public health research that clinicians repeatedly cause harm to Black patients by dismissing their medical concerns, misdiagnosing them, and undertreating their pain. These practices of differential treatment for Black patients have led to steadily increasing racial disparities in health care outcomes throughout the United States. Title VI of the Civil Rights Act of 1964 prohibits this type of disparate impact, but modern Supreme Court jurisprudence forecloses opportunities for affected parties to seek legal relief—despite the clearly established legislative intent of Title VI. However, another legal …

Illustrative Storytelling And Social Sciences: Reconsidering Boundaries, Extensions, And Meanings Of Qualitative Research, Veronica Moretti, Francesco Della Puppa

The Qualitative Report

Comics are increasingly recognized as a flexible and multimodal medium capable of eliciting, constructing, analyzing, and disseminating qualitative data. Far from being merely illustrative or humorous, comics offer complex visual-narrative forms that can reflect and critique social realities, stimulate reflexivity, and engage diverse audiences. This approach highlights the scientific, ethical, and epistemological implications of using comics in research, particularly in relation to representation, positionality, and the visual construction of meaning. Comics can serve as tools for pedagogy, public sociology, and participatory inquiry, especially in areas such as health, gender, and digital cultures. From autoethnography and zine-making to the co-production of …

The Climate Crisis And Disruption On Indigeneity, Nathalie Romero

John Wesley Powell Student Research Conference

Earth’s temperature has increased by 2 ℉ since 1850, with the warmest historical period recorded between 2014 and 2023 (Lindsey & Dahlman, 2024). The effects of climate change will worsen without governmental intervention in reducing greenhouse gas emissions, investing in environmental projects, and building a climate-resistant society. Efforts to build a sustainable society may come with complications as it impacts groups of people differently. Therefore, mitigation and adaptation efforts are sustainable only if environmental approaches consider multiple perspectives– more specifically the perspectives of Indigenous and local peoples. The idea of local, Indigenous input is supported by the principles of sustainable …

Improving Heart Attack Prediction Accuracy Performance Using Machine Learning And Deep Learning Algorithms, Mosleh Hmoud Al-Adhaileh, Mohammed Ibrahim Ahmed Al-Mashhadani, Eidah M Alzahrani, Theyazn H.H. Aldhyani

Iraqi Journal for Computer Science and Mathematics

Accurate classification of cardiovascular diseases (CVDs) is of utmost importance for cardiologists to provide appropriate treatments. Diagnosing and predicting cardiovascular conditions are crucial medical responsibilities in this context. The healthcare sector is increasingly utilizing deep learning (DL) and machine learning (ML) algorithms due to their ability to identify patterns in data. Diagnosticians may reduce the number of misdiagnoses by using DL and ML techniques for the categorization of cardiovascular disease incidence. To reduce the mortality linked to CVDs, this research offers a unique model that properly predicts and classifies these problems. This research presents approaches such as deep learning, random …

A Lightweight U-Net Model For Accurate Skin Lesion Segmentation, Fallah H. Najjar, Karrar A. Kadhim, Farhan Mohamed, Mohd Shafry Mohd Rahim, Asniyani Nur Haidar Abdullah

Iraqi Journal for Computer Science and Mathematics

In this paper, a new lightweight U-Net deep learning-based neural network designed for the segmentation of skin lesions is proposed. Segmentation of skin lesions is the most critical step in computer-aided dermatology diagnosis for the early detection of melanoma and other diseases. However, we address the difficulty related to the precise definition of the lesion margins with an eye on the computation cost. We have demonstrated the state-of-the-art performance of DeepSkinSeg in most metrics on dermoscopic images using the PH2 and Human Against Machine (HAM10000) datasets. The metrics of the DeepSkinSeg model were robustness measured as the Intersection over Union …

You Tube Et Les Représentations De La Femme Dans Le Contexte Multilingue Marocain, Naima Wahbi

Dirassat

New forms of communication and expression have emerged through the participatory web and its numerous Digital Social Networks. This infutation is in a constant global progression. Our country has a total of 31.59 million Internet users, 63.4% of which are on social media.

This new digital discursivity has allowed them to express themselves anonymously on all types of subjects and also to openly broadcast their personal representations.

This article will examine how YouTube contributes to the broadcasting of women's representations. We also intend to highlight the correlation between the choice of language, the speaker's gender and the position expressed.

In …

L’Intertextualité Ou Quand Les Imaginaires Culturels Se Rencontrent, Lamiae Khayi

Dirassat

The literary text, regardless of its authors, does not carry a single, unequivocal voice anchored in an experience identifiable in a space situated in a specific time. This statement may provoke astonishment. Yet, this text, a complex reality in itself, like the canvas, invites a new way of reading and interpreting. This would allow us to discover either the constructive dialogue of proximity; or the echo of inter-personal violence; both revealed through the intertext. This article will attempt to examine this dual dimension in the work of Mohamed Nedali, thanks to Jean De La Fontaine.

Sebta / Ceuta : Entre Marketing Architectural Et Communication Identitaire À Outrance : Quelle Éthique ?, Amal Ben Attou

Dirassat

Spanish architecture, in its volume, aesthetics, and architectural details, is of great importance in its northern Mediterranean context. However, its implantation, its duplication, and, above all, its communication to politics, both cosmopolitan and transnational, without any idealistic or imaginative connection, nor with the local vernacular, the native society, and with the aim of profit and the affirmation of a power apparatus focused on a bygone past, seriously lays the foundations for a communication devoid of ethics or morality.

Spécificités Du Discours De L’Enseignant : Entre Gestes D’Institutionnalisation Et De Reformulation, Malika Kaheraoui, Stéphanie Volteau

Dirassat

Our study attempts to demonstrate the value of exploring teacher discourse, particularly two gestures that we describe as linguistic and didactic gestures. This analysis is intended as a way to describe some of the processes inherent in teacher discourse, especially when the appropriation of knowledge is central to teaching action (Bucheton and Soulé 2009) and this action can only be understood through the paradigm of co-activity, in which language appears as "a window onto teaching activity" (Bucheton and Dezutter, 2008: 13). The work of the teacher in the school context is essentially linguistic; it is a spoken profession. But this …

Etude De L’Appareil Énonciatif De La Publicité Marocaine Post-Covid, Abdelmajid Aboutarik, Abderrahmane Talibi

Dirassat

In the digital age, social media have supplanted traditional media, and social media have developed new forms of communication and expression. Moroccan Internet users have also seized this tool to freely express their opinions on many topics that occupy and concern them, including the one in our article: women. Through a corpus of video comments, our analysis revealed the following points: three languages are used by Moroccan Internet users: first, French, then Darija, and finally Standard Arabic. But a correlation quickly emerged between the gender of Internet users, the theme, and the language used; Standard Arabic is thus favored by …

Le Discours Sur La Modernité Dans L’Œuvre D’Abdelwahab Meddeb, Azzelarab Touda

Dirassat

Any discourse on modernity involves the way of being, thinking and creating and remains strongly linked to the political, ideological and cultural climates that saw it born and evolve, hence thoughts and expressions managed, ipso facto, either in the relationship of fidelity to genealogical belonging, or in that of hospitable overcoming with regard to the other. However, strangely, the discourse on modernity of the writer-poet and essayist Abdelwahab Meddeb is driven by a faithful infidelity with regard to his auroral scene. This duality permeates the Meddebian work of dyonysism and apollinism under the aegis of modernity which frames, at …

Le Recours Aux Procédés De Reformulation Dans Les Articles Scientifiques De Vulgarisation, Ilham Elarrachi

Dirassat

Reformulation as a (metadiscursive) linguistic device is often used by science journalists to convey specific scientific knowledge to often uninitiated readers. It generally consists of repeating the same words, the same discourse in another way. It manifests itself particularly in scientific, media etc. This communication aims to show the importance of reformulation in the transmission of scientific knowledge related to the field of health. Our objective is to see in what circumstances the scientific journalist uses the processes of reformulation. The data analyzed come from a corpus composed of a set of journalistic articles dealing with subjects related to the …

Shall We Play Kagame? - The Differences Between Rwanda And Burundi, Colin Leary

Opinion Matters: Student Analyses of World News

This paper examines the two neighboring countries of Rwanda and Burundi, and the impact that Rwandan President Kagame has had in helping his country recover from the genocide of 1994.

The Illusion Of Inclusion, Eden J. Wolfe

SPARK Symposium Presentations

Nashville prides itself on being a diverse and inclusive city. Segregation is often discussed in a way that places it firmly in the past, when that could not be further from the truth. The supreme court case Brown v. Board of Education ruled racial segregation in public schools unconstitutional in 1954. After stalling for three years, Nashville’s school board implemented the plan to desegregate public schools in 1957. However, the plan would require twelve years to accomplish, and integration was never legally enforced. Through research regarding racial policies, attitudes, and patterns within Nashville, it becomes clear that Nashville schools have …

Assessing The Burden Of Uncompensated Care In South Carolina Hospitals: The Role Of Medicaid Expansion, Telemedicine And Primary Care, Natassia S. Allen

MUSC Theses and Dissertations

The financial burden of uncompensated care strains healthcare systems nationwide. In this study, we measured the uncompensated care for hospitals in SC based on outpatient surgeries (OP), inpatient visits (IP), and emergency department (ED) visits. We used the South Carolina (SC) Revenue and Fiscal Affairs Office (SCRFA) database from 2018-2023 to derive the mean charges for self-pay and indigent/charity care for each county for OP, IP, and ED visits. Without recent and publicly available cost-to-charge ratios for SC, we used the 2022 Centers for Medicare & Medicaid Services (CMS) Medicare 5% Limited Data Set (LDS) data to generate the unique …

It’S Not So Simple: An Examination Of How The Internal Revenue Code Fails To Contemplate The Economic Realities Of Individuals With Disabilities And Their Families, Garret Hoff

Duke Law & Technology Review

Families with disabled students face extra costs associated with providing their child with the same education that other students get for free. Even though these costs are spent with the explicit purpose of supporting their child’s disability-informed care and are not incurred but for their disability (“but-for costs”), some of these costs are not deductible and others are subject to unnecessary ambiguity when it comes to their deductibility. Families with disabled students are forced to reckon with arbitrary distinctions if they want to receive any favorable tax treatment on but-for costs. This is because the relevant provision in the Internal …

Comparing School Leaders’ Experiences Of Research Use In England, Scotland And Germany, Peter Kelly, Anna Beck, Susann Hofbauer

School of Law, Humanities and Social Sciences

In some countries it is common for policymakers to advocate research use by practitioners as a means to bring about school development. Yet, despite their increasing sophistication, the enactment of protocols for using research is problematic and, even in optimal environments, practitioners have difficulty mobilising research findings to improve student attainment. In this study, we consider school leaders’ engagement with research, brokered by various intermediaries, in three countries where policy and practice differ. We explore research engagement through documentary analyses and in-depth interviews with school leaders from equivalent phase schools. Results suggest school leaders’ experiences of research use are shaped …

Table Of Contents

Louisiana Law Review

No abstract provided.

The Mediation Dance Of Choreography Copyright, Kassandra Sopko

Pepperdine Dispute Resolution Law Journal

Despite its societal presence and pervasive benefits for both performers and observers, dance remains a low-paying field with limited career longevity. While dance choreography copyright protection is an option for artists to monetize their work long-term, there are significant barriers due to legal complexities, financial burdens, and lack of awareness regarding copyright protections. The limitations of the copyright landscape burden choreographers who do seek to take advantage of their intellectual property rights, and many of the current suggested solutions for protecting choreography either prove inadequate or involve negative consequences. Alternative Dispute Resolution (ADR), particularly mediation with BATNA/WATNA incentives, presents a …

Blazing A Trail To Dispute Resolution: The Advantages Of Mediating Insurance And Mass Tort Claims Following Wildfires In California, Kate Hanes

Pepperdine Dispute Resolution Law Journal

Year after year, wildfires in California decimate property, the environment, and local communities, precipitating costly and protracted litigation. This Comment explores the advantages of mediating, rather than litigating, insurance and mass tort claims in the aftermath of these devastating natural disasters. In particular, this Comment contends that mediation benefits all parties—wildfire victims, their insurers, and alleged tortfeasors—by quickly and inexpensively resolving claims, preserving the common pool of funds to prevent insurer insolvency, and maintaining flexibility, predictability, and confidentiality. Drawing on examples of other successful disaster mediations, such as the Agent Orange case and those following Hurricanes Andrew and Katrina, this …

Heirs' Property Disputes: Evaluating Adr Forums To Change The Status Quo, Karina Grobman

Pepperdine Dispute Resolution Law Journal

Heirs’ property—a form of communal ownership passed down through generations—is a symbol of family legacy in the South. Disputes between families and developers create a disparate loss of land among Black families in the South, often through court-ordered partition actions. Although some states adopted the Uniform Partition of Heirs Property Act (UPHPA) to reform partition sales, most courts still force sales of the entire property rather than more equitable divisions. This Comment explores various alternative dispute resolution (ADR) forums as a more just and efficient path to resolve heirs’ property disputes. Although the multi-party nature of heirs’ property disputes makes …

Don't Blame Me, Ticketmaster Made Me Crazy: A Discussion Of The Ticketmaster Eras Tour Fiasco, Madeline Enlow

Pepperdine Dispute Resolution Law Journal

The Taylor Swift and the Ticketmaster fiasco raised massive arbitration issues and garnered vast public attention from concertgoers, fans, and other artists who may experience similar ticketing-sales disasters in the future. Ticketmaster’s current arbitration agreement with New Era ADR was the focal point of the “Eras” Tour legal dispute. This Comment delves into the components of the fiasco, breaking down the dispute between “Swifties” and the mega-company, discussing the involved parties and their pertinent interests, the existing rights each party can utilize to achieve those interests, power differences at play, and relevant barriers to a potential solution. In addition, this …

1928-1978 Fifty Years Of Service To Geography, James Snaden

The Geographical Bulletin

Dr. Robert G. Buzzard conceived the idea of a professional fraternity in the field of geography while he was a student at the University of Chicago just prior to World War I. He dropped the matter when he was unable to find a group of students who could be interested in forming such an organization. During 1924-25, when Dr. Buzzard was a graduate student at Clark University, a local organization which came to be known as the Clark Geographical Society, made up of persons with a graduate degree from Clark, sparked the interest of many geographers. He found only lukewarm …

Climatic Preference, Jeffrey T. Lutz

The Geographical Bulletin

Researchers within the discipline of geography seek to achieve an enhanced comprehension of man's perception of the world. Therefore, environmental perception is a subject of great consequence to geographers. Understanding of the sources of environmental variance perception in is essential to an understanding of variation in man's environmental behaviors. 1 The mental image is one of the major determinants of spatial behavior; and spatial images area an individual's cognitive representation of the spatial environment, and are a summary of what he considers meaningful about the environment.' Climate is a strategic factor affecting man's responses to the complex environment, and climate …

Volume 14 Complete Issue, James W. Gallagher

The Geographical Bulletin

Volume 14 Complete Issue