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Table Of Contents

Washington and Lee Law Review

No abstract provided.

Artificial Fiduciaries, Zhaoyi Li

Washington and Lee Law Review

The rapid development of technology in the last decade has affected all levels of society. Corporate governance has not been immune to these changes. In the future, Artificial Intelligence (“AI”) fiduciaries may be technologically capable of serving as independent corporate directors. This could be an effective way to address the challenge of the absence of truly independent directors in the traditional governance framework. Artificial fiduciaries could also offer a way to mitigate agency costs and improve overall corporate governance. However, traditional corporate law lacks solutions for coping with the integration of AI into corporate governance.

Currently, there is little scholarship …

Grasping The Third Rail: Restorative Justice And Violent Crime, Olwyn Conway

Washington and Lee Law Review

Restorative justice is a means of responding to harm— including criminal offenses—through active accountability and repair, rather than through passive punishment and isolation. While restorative justice has demonstrated potential to meaningfully improve processes and outcomes for individuals and communities, the implementation of restorative justice programs to address crime—both within and alongside the American criminal system—has been slow, limited, and misplaced. Programs are often directed at low-level, nonviolent offenses that involve little if any cognizable harm. This approach creates two problems. One, it risks net-widening: bringing more citizens under criminal surveillance and carceral control for minor offenses—further diluting the constitutional and …

Interpreting Religious Doctrine: The Third Rail That Wags The Dog In Religion Clause Jurisprudence, Samuel J. Levine

Washington and Lee Law Review

This Article is part of a broader project exploring and assessing the United States Supreme Court’s hands-off approach to interpreting religious doctrine. The mixed metaphor that constitutes the title of this Article incorporates various aspects of the project’s interrelated themes and claims. First, as a descriptive matter, the Supreme Court has repeatedly and increasingly refused to adjudicate issues that require the interpretation, evaluation, and resolution of substantive areas of religious practice and belief. Thus, like the third rail of train tracks, interpreting religious doctrine is deemed off-limits and better left untouched. Indeed, the Court’s justifications for the hands-off approach rely …

Discrimination, Model Rule 8.4(G), And The Aba’S Quixotic Quest For Uniformity, Alex B. Long

Washington and Lee Law Review

Under American Bar Association (“ABA”) Model Rule 8.4(g), it is professional misconduct for a lawyer to engage in conduct related to the practice of law that the lawyer knows, or reasonably should know, is harassment or discrimination on the basis of race and other protected characteristics. Widespread concerns over the breadth and lack of clarity concerning the rule have triggered substantial criticism, including the refusal of multiple states to adopt this model rule. Instead, several states have responded by introducing alternative versions of Model Rule 8.4(g) or by applying older rules of professional conduct in the case of discriminatory speech …

From Anti-Bds To Anti-Esg: The Next Generation Of Boycotting The “Boycott” Is Only Slightly Less Problematic, Kali Venable

Washington and Lee Law Review

In response to an explosion in Environmental, Social, Governance (“ESG”), state lawmakers are enacting statutes to penalize companies that “boycott” industries they seek to protect. This Note first explains how we got here. To do so, it explains how lawmakers used statutes aimed at suppressing the Boycott, Divestment, and Sanctions (“BDS”) movement against Israel as templates for anti-ESG boycott laws. Further, this Note examines the rise of ESG and the subsequent anti-ESG movement that led to the enactment of state anti-ESG boycott laws pertaining to public contracts.

By analyzing the mixed outcomes of recent First Amendment challenges to anti-BDS laws …

The Initial Response Of Biodiversity Conventions To The Covid-19 Pandemic, Royal C. Gardner, Lauren Beames, Katherine Pratt

William & Mary Environmental Law and Policy Review

The COVID-19 pandemic disrupted the operations of global biodiversity conventions, requiring virtual meetings in place of in-person events. Yet the pandemic also highlighted the importance of biodiversity conservation as a mechanism to reduce the risk of zoonotic diseases, as the October 2020 report issued by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (“IPBES”) emphasized. Now that in-person, international meetings have resumed, this Article examines the extent to which four biodiversity conventions—the Agreement on the Conservation of African-Eurasian Migratory Waterbirds, the Ramsar Convention, the Convention on International Trade in Endangered Species, and the Convention on Biological Diversity—considered the nexus …

Expanding Emissions Markets To Reduce Agricultural Nitrogen Run-Off, Samantha Tweet, Amy Hardberger

William & Mary Environmental Law and Policy Review

Synthetic fertilizers have been critical in averting global food shortages; however, synthetic fertilizers and their production have led to numerous environmental harms, including greenhouse gas emissions, water pollution, and soil degradation.

Scientists are working on a new technology that will create a more efficient and less impactful fertilizer process, but the legal mechanisms to encourage widespread adoption and subsequent environmental benefits fall short. In the absence of regulation, market tools can encourage behavior change. If the pollution reduction by exchanging fertilizer is turned into a tradable asset, agricultural users can benefit financially, which lowers potential barriers to participation in a …

The Interpretation Of Environmental Statutory Ambiguity: A Comparative Analysis Between Ecuador And The United States, Fernando Muñoz-Dominguez

William & Mary Environmental Law and Policy Review

This Article examines through a comparative analysis the judicial interpretation of ambiguity in environmental statutes between the jurisdictions of the Republic of Ecuador and the United States of America. By analyzing the fundamental principles and doctrines guiding the interpretation of environmental laws in cases of ambiguity and vagueness in both nations, this Article draws out their inherent merits, drawbacks, and criticisms. A review of jurisprudential precedents provides a nuanced understanding of their practical applications.

In the Ecuadorian context, particular attention is given to the principles of environmental favorability, and in dubio pro natura, all of which are recognized in …

Cross-National Variations In Scientific Ethics: Exploring Ethical Perspectives Among Scientists In China, The Us, And The Uk, Di Di, Elaine Howard Ecklund

Sociology

This research explores the perspectives of academic physicists from three national contexts concerning their roles and responsibilities within the realm of science. Using a dataset comprised of 211 interviews with scientists working in China, the United States, and the United Kingdom, the study seeks to explain whether and in what manner physicists conceptualize scientific ethics within a global or national framework. The empirical findings bring to light disparities across nations in the physicists’ perceptions of what constitutes responsible mentorship and engagement in public service. These cross-national variations underscore the moral agency of physicists as they navigate the ethical standards embraced …

Fair Compensation For Patient Partners In Clinical Research: Perspectives And Practices, Michelle Culp

Doctor of Philosophy in Translational Health Sciences Dissertations

Engaging patient partners in clinical trial design is a valuable process for making trials more patient-centric, resulting in greater patient participation in clinical trials, better generalizability of results and more outcomes of relevance to patients and providers. Patient partners are people with a disease or condition who are involved in clinical trial planning, conduct, and dissemination with clinical trial researchers. Patient engagement is the meaningful and collaborative interaction between patient partners and clinical trial researchers across the clinical trial lifecycle where research decision-making is guided by patient partners’ input about their lived experiences. Patient partners, clinical trial researchers, funders, and …

Pharmvar Genefocus: Cyp4f2., Pablo Zubiaur, Cristina Rodríguez-Antona, Erin C. Boone, Ann K. Daly, Evangelia Eirini Tsermpini, Lubna Q. Khasawneh, Katrin Sangkuhl, Jorge Duconge, Mariana R. Botton, Jessica Savieo, Charity Nofziger, Michelle Whirl-Carrillo, Teri E. Klein, Andrea Gaedigk

Manuscripts, Articles, Book Chapters and Other Papers

The Pharmacogene Variation Consortium (PharmVar) serves as a global repository providing star (*) allele nomenclature for the polymorphic human CYP4F2 gene. CYP4F2 genetic variation impacts the metabolism of vitamin K, which is associated with warfarin dose requirements, and the metabolism of drugs, such as imatinib or fingolimod, and certain endogenous compounds including vitamin E and eicosanoids. This GeneFocus provides a comprehensive overview and summary of CYP4F2 genetic variation including the characterization of 14 novel star alleles, CYP4F2*4 through *17. A description of how haplotype information cataloged by PharmVar is utilized by the Pharmacogenomics Knowledgebase (PharmGKB) and the Clinical Pharmacogenetics Implementation …

The Water District And The State, Dave Owen

Faculty Scholarship

In much of the American West, water districts dominate water governance. These districts serve vitally important functions in regions challenged by aridity, growing populations, and climate change. These districts also often operate within boundaries developed a century ago, or more, and under governing rules that are undemocratic by design. In many water districts, people who do not own land cannot serve on the governing board. Nor can they vote in water district elections. Not surprisingly, given their composition and power, water districts often thwart efforts to modernize and bring equity to water management.

This Article describes these problems. Drawing on …

Une Com Research And Scholarship Fall Forum November 2024, Une Com Research & Scholarship

Osteopathic Student Research Symposia

Program including abstracts from the University of New England College of Osteopathic Medicine’s 2024 Research and Scholarship Fall Forum.

Supplemental content: List of award winners.

The Fallacies Behind The Excise Tax On "Excessive" Charity Compensation, Elaine Waterhouse Wilson

Law Faculty Scholarship

This Article examines the fundamental flaws in Section 4960 of the Internal Revenue Code, which imposes an excise tax on nonprofit executive compensation exceeding $1 million. The provision, enacted as part of the 2017 Tax Cuts and Jobs Act, rests on three problematic fallacies. First, Congress incorrectly assumed that an excise tax on nonprofits would function equivalently to the elimination of a tax deduction for excessive compensation in the for-profit sector under Section 162(m). Second, lawmakers failed to recognize that nonprofits respond differently to tax incentives than for-profit entities due to their distinct governance structures and sensitivity to public opinion …

Country Roads, Take Me To Home Rule, Jesse J. Richardson Jr.

Law Faculty Scholarship

No abstract provided.

China’S Forever War: What If A Taiwan Invasion Fails?, Joel Wuthnow

Strategic Forums

This Strategic Forum by Dr. Joel Wuthnow, in the INSS Center for the Study of Chinese Military Affairs, examines the strategic consequences of a failed People’s Republic of China (PRC) attempt to invade Taiwan. Rather than assuming defeat would restore deterrence or compel Beijing to abandon its objectives, the article argues that a failed invasion could lock China into a prolonged, coercive conflict—a “forever war”—marked by sustained military pressure, economic coercion, gray-zone operations, and heightened escalation risks. Drawing on Chinese strategic culture, leadership risk tolerance, and civil-military dynamics, the analysis explores how Beijing might adapt politically and militarily following failure, …

Machine Learning For Automated Classification Of Lung Collagen In A Urethane-Induced Lung Injury Mouse Model, Khalid Hamad Alnafisah, Amit Ranjan, Sushant P. Sahu, Jianhua Chen, Sarah Mohammad Alhejji, Alexandra Noël, Manas Ranjan Gartia, Supratik Mukhopadhyay

Faculty Publications

Dysregulation of lung tissue collagen level plays a vital role in understanding how lung diseases progress. However, traditional scoring methods rely on manual histopathological examination introducing subjectivity and inconsistency into the assessment process. These methods are further hampered by inter-observer variability, lack of quantification, and their time-consuming nature. To mitigate these drawbacks, we propose a machine learning-driven framework for automated scoring of lung collagen content. Our study begins with the collection of a lung slide image dataset from adult female mice using second harmonic generation (SHG) microscopy. In our proposed approach, first, we manually extracted features based on the 46 …

Clark Magazine, Fall 2024, Clark University

Clark Magazine

The Fall 2024 edition of Clark Magazine. Clark Magazine is a twice-yearly publication primarily geared towards Clark University Alumni.

The cover story is 'Does the World Need Poets? Yes, historians and philosophers, too. But as the humanities evolve in the digital age, Clark is finding new ways to think, and research, and create'.

Crime Pays: Michigan’S Peculiar Funding Of Public Libraries Through Penal Fines, Cody James

Faculty Journal Articles & Other Writings

No abstract provided.

Inexact Methods For Large-Scale Stochastic Programming, Niloofar Fadavi

Operations Research and Engineering Management Theses and Dissertations

This dissertation addresses the development of inexact methods for solving large-scale stochastic programming problems, with a focus on two-stage and multistage settings. Stochastic programming is a robust approach for managing uncertainty in decision-making, with applications across various domains like supply chain management, power systems, and logistics. However, solving large-scale stochastic programming problems, especially those with a nonlinear structure, is computationally challenging due to the high-dimensional nature of uncertainties and the need for efficient optimization techniques.

This work introduces novel inexact proximal bundle algorithms designed to solve two-stage stochastic quadratic programming problems. The proposed methods utilize dual-based and partition-based approaches to …

Git Gud: The Case For Virtual Prison Games In The Fourth Industrial Revolution, Colleen M. O'Toole, Calvin V. Nguyen

Northern Illinois University Law Review

This Article aims to reframe the debate over how best to address the enormous financial and social costs of a criminal justice system which relies on traditional, brick-and-mortar prisons to control criminal behavior. Addressing the question of responsibility, it evaluates the role that judges and prosecutors play in perpetuating a persistent cycle of crime, arrest, and incarceration in a brick-and-mortar prison system, what this Article calls “Shawshank” prisons. Two forces which have shaped the criminal justice system are singled out for special attention: the bail system and the role of race in American politics.

After comparing the cost of the …

Vol. 45, No. 1, Fall 2024: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Table of Contents and Masthead for Volume 45, Issue 1 of the Northern Illinois Law Review

An Indecent Proposal? A Remedy For Those Damaged By Judicial Malpractice, Michael G. Cortina

Northern Illinois University Law Review

Judicial immunity in the United States primarily exists so that jurists can exercise their duties to the best of their abilities without the fear that they may be subjected to liability should they commit an error in judgment. While such immunity certainly has a proper and noble purpose, the unintended consequence of it is sometimes that those harmed by improper judicial rulings have no civil remedy despite being harmed by a judge’s malpractice. At the end of this paper, the author suggests a possible remedy for those harmed by a judge’s errant decision if that ruling cannot be cured on …

Socially-Engaged Buddhism In Vietnam: Theory, History, And Their Impacts On Contemporary Practices, Whitney Miller

Vietnam: Culture, Social Change, and Development

In 1963, Thích Quảng Đức, and subsequently several other Buddhist monks, self- immolated in protest as part of the Buddhist Crisis, a momentous, strong social movement against the American War and South Vietnam’s harsh anti-Buddhist policies. A few short years later, world-renowned Vietnamese Buddhist teacher and peace activist Thích Nhất Hạnh coined the term “engaged Buddhism” to describe his innovative school of thought that argues intentional, nonviolent conflict resolution and active work against injustice, both in Vietnam and abroad, ought to be as central to Buddhist practice as traditional mindfulness and teachings. While there is notable existing research on the …

Fishnet Of Connection: The Cultural And Ecological Resilience Of Samoan Fishers, Megan Wong

Samoa: Social and Environmental Change in Oceania

Samoan fishers have created extensive knowledge systems both historically (as traditional knowledge) and contemporarily (local knowledge), and individually and collectively through close interaction with the marine environment. Such knowledge has yet to be recorded in literature, and thus cannot be brought into discussions of cultural and ecological resilience in the face of a changing environment. To remedy this, talanoas were used in this research to holistically understand how subsistence, commercial, and game fishers in Samoa perceive and interact with their communities and the environment. Fishers were found to undertake the task of fishing for nutrition, income, leisure, community, and tradition. …

Rate Convenants In Municipal Bonds: Selling Away Civil Rights And Fair Housing Goals, Jade A. Craig

Denver Law Review

State and local governments across the United States issue municipal bonds to raise capital to cover infrastructure projects. Jurisdictions issue revenue bonds to fund projects ranging from improvements to public utilities and toll roads to convention centers and retirement communities. These revenue bonds often include a rate covenant, a provision in which the local government issuer assures bondholders that the user fees the project raises will adequately service the debt. These covenants generally do not reserve state and local governments the right to lower rates in the public interest, nor do they impose a restriction on how high the rates …

Patent Invalidation Costs, Greg Reilly

Denver Law Review

Over the past decade, patent invalidation has become easier and more common. Because invalid patents fail the statutory requirements, should not have issued, and impose significant costs, many observers have celebrated this development. Yet an undercurrent of concern exists among scholars, patent system participants, and even Supreme Court Justices. Though sometimes motivated by the self-interest of patent owners, this concern partially reflects a legitimate problem: even properly invalidating a patent years after its issuance imposes costs on patent owners, costs that would not exist if the Patent Office had rejected the patent during examination. The costs of invalid patents are …

Cisc 3310 Principles Of Computer Architecture, Miriam Briskman

Open Educational Resources

Introduction to digital logic. Basic digital circuits. Boolean algebra and combinational logic, data representation and transfer, digital arithmetic. Instruction sets. Introduction to assembly languages ALU and memory reference instructions, flow control, subroutine linkage, arrays and structures. Memory. I/O systems. Performance. Relationship between software and architecture.

Cisc 3130 Data Structures, Moshe Lach

Open Educational Resources

Container classes: their design, implementations, and applications. Sequences: vectors, linked lists, stacks, queues, deques, lists. Associative structures: sets, maps and their hash and tree underlying representations. Sorting and searching techniques. Collection frameworks and hierarchies.