Digital Commons Network^™

The Rise And Fall Of Ambulatory Baselines In The Law Of The Sea, Sean Murphy

GW Law Faculty Publications & Other Works

Traditionally, it has been understood under the law of the sea that baselines are ambulatory; that they move in association with any progression or regression of the physical coast. More recently, however, relevant State practice, the work of bodies such as the International Law Commission and the International Law Association, and in particular the 2025 advisory opinion of the International Court of Justice on climate change, have all indicated that baselines are not necessarily ambulatory, at least not in the context of physical changes resulting from climate-change related sea level rise. Rather, while a State must establish baselines in accordance …

Case Law Update On Oil, Gas & Mineral Law, Austin W. Brister, M. Alejandra Salas

SMU Annual Texas Survey

This Article focuses on certain select cases relating to oil, gas, and mineral law in Texas that were issued in 2024. Given space constraints, not all cases could be summarized.

Insurance Law, J. Price Collins, Janet Tolbert, Ashley F. Gilmore

SMU Annual Texas Survey

This Article describes and analyzes major developments in insurance law that occurred in Texas between December 1, 2023, and November 30, 2024.

Franchise Law, Deborah S. Coldwell, Kristina Pierre-Louis, Samuel T. Mallick, Wilson Miller, Connor Madden, Austin Sabin

SMU Annual Texas Survey

No abstract provided.

Partnership Law, Troy Christensen, Jeff Dorrill, Matthew Schindel, Madeline Ballard, Nick Beals

SMU Annual Texas Survey

No abstract provided.

Climate Nationalism, Gabriel Weil

Scholarly Works

Climate change is a global commons problem. The costs of emissions in any given country are mostly borne by foreigners. Absent strong measures to overcome this dynamic, pursuit of national self-interest will lead people and countries to underinvest in decarbonization, relative to what's best for the world as a whole. And we do see such underinvestment. Many countries are not on track to meet their Paris Agreement pledges, and those pledges, even if met, are not ambitious enough to meet the headline temperature stabilization goals of the agreement. This is the fairly banal pursuit of national interest in the climate …

Sarah Frost

Bryant University Commencement Speakers and Honorary Degree Recipients

Honored at the Undergraduate Commencement Ceremony on Saturday, May 17.

Martha L. Wofford

Bryant University Commencement Speakers and Honorary Degree Recipients

Honorary Degree recipient and speaker at the Graduate Commencement Exercises.

Right Not To Work: Unions And Title Vii, Seth C. Oranburg

Law Faculty Scholarship

This article explores how Title VII's mandate for religious accommodation conflicts with union seniority rights, as revealed in Groff v. DeJoy. It argues that labor unions often oppose Sabbath accommodations not out of hostility to religion, but to protect bargained-for entitlements. The piece highlights a growing legal tension: whether co-worker burdens count as “undue hardship” under Title VII—a question with major implications for religious liberty in unionized workplaces.

A New State Constitutional Right To Informational Privacy: The Origins Speak, Albert E. Scherr, Neal Kurk

Law Faculty Scholarship

[Excerpt] This article occupies the space between the ongoing, newly energized development of state constitutional law and the fraught public policy field of privacy protections. It analyzes a new state constitutional provision that is explicitly and exclusively about information privacy. The provision, Part I, Article 2b9 of the New Hampshire Constitution,10 reads as follows: An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.11 The provision extends an individual’s privacy right significantly beyond that of both the federal and New Hampshire state constitutions. It operates at the intersection of privacy and …

An Evaluation Of The Decline In Primary Care Physician Visits, 2010 To 2021, Anuradha Jetty, Marie Ezran, Alison Huffstetler, Yalda Jabbarpour

Department of Family & Community Medicine Faculty Papers

INTRODUCTION: Primary care is the backbone of the United States healthcare system, yet it continues to be underfunded and inaccessible to many. Previous studies explored primary care visit patterns until 2016, leaving gaps in our understanding of how recent factors like state Medicaid expansions, the Coronavirus Disease 2019 (COVID-19) pandemic, and population growth have influenced these patterns. Hence, the objective of the current study was to analyze the trends in primary care visits provided by outpatient clinicians over time and by visit type and contextualize study findings within the changing healthcare landscape.

METHODS: The Medical Expenditure Panel Survey data (2010-2021) …

The Massachusetts Proactive Coastal Relocation Workshop: Summary Report & Proceedings, Kristin Uiterwyk, Kimberly Starbuck, Emma Gildsgame, Andrew Laquerre, Melissa Ocana, Elisa Rivero

Urban Harbors Institute Publications

On June 3rd, the project team held the “Massachusetts Coastal Relocation Workshop” which provided the first opportunity for the Coastal Relocation Network members to come together in-person. More than 70 people attended and, among other things, (1) made new connections through activities designed to encourage engagement; (2) learned about new and forthcoming plans, tools, and resources; and (3) were encouraged to think deeply about planning for retreat, engaging communities, and using data to inform decisions

Swansea Waterways Plan, Kimberly Starbuck, Kristin Uiterwyk, Shannon Hogan, Allison Novelly

Urban Harbors Institute Publications

UHI worked with the Town of Swansea to engage members of the public in waterways planning activities. The plan covered a wide range of topics including public access, water quality, natural resources, commercial and recreational uses, and climate change.

Consumption Pressure In Estuaries Peaks At Intermediate Salinities, Catherine E. De Rivera, Amy A. Larson, Benjamin G. Rubinoff, Luna R. Soto, Seth L. Wright, Edwin D. Grosholz, Gregory M. Ruiz, Andrew L. Chang

Environmental Science and Management Faculty Publications and Presentations

The nature and strength of biotic interactions change along stress gradients, but the importance of these interactions across estuarine gradients is under studied. Here, we examined how consumption varies across estuarine salinity gradients by deploying standardized baits (‘squidpops’) to measure consumption pressure along the gradients of five estuaries in Oregon, USA. The relationship between consumption and stress was nonlinear: consumption pressure peaked slightly at mid salinity and decreased at low salinity, especially as temperature increased, in the five estuaries studied. This finding does not support either of two existing models for consumption across gradients, including the Consumer Stress Model and …

Recovering Population Of The Southern Sea Otter Suppresses A Global Marine Invader, Rikke Jeppesen, Catherine E. De Rivera, Edwin D. Grosholz, M. Tim Tinker, Brent B. Hughes, Ron Eby, Kerstin Wasson

Environmental Science and Management Faculty Publications and Presentations

Understanding the role of apex predators on ecosystems is essential for designing effective conservation strategies. Supporting recovery of apex predators can have many benefits; one that has been rarely examined is control of invasive prey. We investigated whether a recovering apex predator, the southern sea otter (Enhydra lutris nereis), can exert local control over a global marine invader, the green crab (Carcinus maenas). We determined that southern sea otters in Elkhorn Slough estuary in California can consume large numbers of invasive green crabs and found strong negative relationships in space and time between otter and green crab abundance. Green crabs …

Collaborative Wildfire Governance Within The Southwest Idaho Wildfire Crisis Strategy Landscape: Survey Results 2025, Mahmood Muttaqee, Cody R. Evers, Lindsay K. Campbell, Max Nielsen-Pincus, Olivia Awbrey, Kathryn Hixson, Michelle Johnson, Erika Svendsen

Environmental Science and Management Faculty Publications and Presentations

Collaboration plays a critical role in wildfire risk mitigation efforts. This study examines collaborative wildfire governance networks within Southwest Idaho, a priority landscape designated in 2022 under the USDA Forest Service's Wildfire Crisis Strategy (WCS). Through survey data from 64 respondents, the Fueling Adaptation study aimed to identify the structure, capacity, and gaps in governance networks addressing wildfire risk in Southwest Idaho and understand how WCS investments have influenced wildfire management in the area. The findings reveal a growing governance network centered on the USDA Forest Service and the Idaho Department of Lands and supported by numerous non-governmental organizations and …

Image Processing And Machine Learning Using Lidar And 360 Camera In Underground Mines, Ana Fabiola Patricia Tejada Peralta

Theses and Dissertations--Mining Engineering

Underground mining environments present several safety challenges due to low visibility, poor lighting, and the absence of GPS coverage. These factors hinder situational awareness and delay hazard detection, particularly during post-disaster conditions. This research introduces an integrated framework that combines image processing and machine learning techniques applied to 360-degree camera and LiDAR data to enable automated object detection and remote monitoring in underground mines.

The study was divided into two main stages: 2D object detection and 3D object detection. The 2D component employed images captured with a Ricoh Theta Z1 360° camera and utilized YOLO-based deep learning models for object …

Reparative Research Practices: Addressing Epistemic Inequity In University Research, Gabriel Bruguier, Scout Calvert

University of Nebraska-Lincoln Libraries: Presentations

The main argument regarding the ‘repair’ in reparative practices: University research is a social good, subjects are entitled to be included in knowledge production, and subjects ought to have fair access to epistemic goods.

Therefore, a subject’s being prevented from making a contribution to the pool of resources utilized to create knowledge is an injustice. Knowledge produced by an entity that excludes community participation is perspectival and incomplete.

Our definition: Reparative research practices (RRP) are those that can intervene and replace other practices across the research life cycle to address epistemic harms and injustices, incomplete knowledge production, shared knowledge, and …

The Role Of Music In Public Health, Joy Allen Phd, Mt-Bc

All MHI Citations

Music is emerging as a critical yet underutilized determinant of public health. Evidence demonstrates that music-based interventions reduce hospital stays, medication use, and staff burnout while improving patient outcomes, caregiver well-being, and population-level health indicators. Despite these proven benefits, the field remains fragmented and underfunded, limiting its capacity to scale. This paper reframes music as a pillar of public health and argues for systems-level investment in infrastructure, workforce development, and cross-sector innovation. Drawing on the work of the Berklee Music and Health Institute, we highlight how translational research, accessible evidence tools, and interdisciplinary training are advancing equity-driven, sustainable approaches to …

Compelled Contraception, Lars Noah

UF Law Faculty Publications

Can the federal government insist that people use contraceptives? It may come as a surprise to learn that the U.S. Food and Drug Administration (FDA) has done just that as a condition for allowing access to some pharmaceutical products that create a serious risk of birth defects. Over the last few decades, the agency has demanded that patients using certain teratogenic agents—now numbering over a dozen drugs prescribed for a variety of conditions, ranging from severe acne and psoriasis to multiple myeloma and pulmonary hypertension—agree to avoid becoming pregnant, sometimes for years after completing their course of treatment. Undoubtedly the …

Preface To Volume 16, Issue 1, Peter A. Carfagna

Articles

No abstract provided.

Law School Veterans Clinics: Helping Veterans, Training Students, Improving The System, Jennifer Morrell, Alexander Scherr, Judy Ann Clausen, Hillary Wandler, Morgan Macisaac-Bykowski

UF Law Faculty Publications

This essay makes the case for law schools to create clinics and externship courses that address the needs of veterans. Veterans legal work offers excellent opportunities to represent individual veterans to obtain the benefits they earned through service to our country. At the same time, veterans clinic work can enlist students in systemic advocacy that changes how institutions address veterans' needs through appellate, administrative, and class action advocacy. Law students who work in veterans clinics develop skills they can readily transfer to other practice areas while working closely with clients and developing their professional identities. Finally, veterans clinics help law …

In (Tax) Hindsight: When Should The Tax System Ease Taxpayer Regrets?, Charlene Luke

UF Law Faculty Publications

A brief review of, Emily Cauble, Taxpayers’ Tax Election Regrets, 77 The Tax Law. 77 (2023), that focuses on § 754 elections.

Ethics & Independence In Trump’S War On Big Law, Christopher D. Hampson, Elise Bernlohr Maizel

UF Law Faculty Publications

In his second term, President Donald Trump has launched an unprecedented assault on the nation's largest law firms. Through a series of executive orders and highly unusual EEOC (Equal Employment Opportunity Commission) actions, the Trump regime has sought to undermine the independence of the private bar. In response, targeted firms have been forced to make a choice: to appease the administration or to fight back. This Essay considers those choices the interrelated nature of parallel settlements and suits-and the choice that the majority of firms have made to stay silent. We argue that Big Law's independence is essential and that …

Taxing People, Not Residents, Yariv Brauner

UF Law Faculty Publications

Essentially all states tax their residents’ worldwide income. This norm is difficult to justify beyond vague notions of state provided benefits enjoyed by residents. Recent increased mobility (particularly tax-motivated mobility of wealthy individuals) and the growing importance of remote work and digital nomadism present a serious challenge to this linking of residence and taxing rights. This article examines whether exclusive source taxation of individuals could replace the existing rules which are based on a compromise between residence and source taxation. The article concludes that exclusive source taxation of individuals is both feasible and desirable, mainly due to its fairness and …

Taxing Torts Today And Tomorrow, Steven J. Willis

UF Law Faculty Publications

This article shows how tax law has long subsidized tortfeasors, often to the detriment of victims. Changes in the 1980s reduced the tortfeasor subsidy but did not eliminate it. The article shows how various changes which purported to help victims have, in practical terms, helped tortfeasors.

The article first covers the pre-1985 tax history of making torts profitable. The resulting financial incentives triggered multiple legal changes, which the article outlines prior to covering them in depth. The statutory issues involve Internal Revenue Code sections 104 (allowing victims to exclude personal physical injury payments from income); 130 (purporting to facilitate structured …

False Venue Claims Signed Under Penalty Of Perjury, Lynn M. Lopucki

UF Law Faculty Publications

In a study of venue for the one hundred ninety-five large, public company bankruptcies filed from 2012 through 2021, I discovered nine cases (5 percent) in which the companies’ venue claims were in apparent conflict with what the debtors themselves stated on their petitions to be the locations of the companies’ principal places of business and principal assets. Nor were the venue claims justified by domicile. Eight of the nine proceeded to confirmation in an improper venue.

Although it is routine for large, public companies and the courts in which they file to ignore the Bankruptcy Code and Rules, these …

On Entityness And Takeovers: Acquisition Valuation, Theory Of The Firm, And Coase's Error, Robert J. Rhee

UF Law Faculty Publications

This Article advances a theory of entityness that theorizes the firm and its relationship to the acquisition premium. This theory is the first scholarly analysis to construct a general model of takeover valuation by integrating the modern finance theory of asset value and a corrected Coasean theory of the firm. The acquisition premium is an enigma. Acquirers must pay it. But why? Isn’t the market price tethered to fundamental value through an efficient market? This enigma reveals a key insight about firms. The theory of entityness postulates that the acquisition premium is compensation for a capitalized asset intrinsic in the …

Fair-Enough Ai, Jane R. Bambauer, Tal Z. Zarsky

UF Law Faculty Publications

AI is unfair. It can be inaccurate (in several ways), biased (in several ways, and to several groups), disproportionate, exploitable, and opaque. The policy world is awash in AI-governance frameworks, ethical guidelines, and other policy documents, but these lack concrete standards and provide little guidance on how to select between competing versions of (un)fairness. In other words, they abdicate the responsibility of setting priorities among values. At the same time, many of the policy documents harshly criticize AI and algorithmic tools for deficiencies in some particular aspect of fairness without considering whether alternative designs that fix the problem would make …

Administrative Forum Shopping, Amy L. Stein

UF Law Faculty Publications

Allowing private parties in litigation to stack the deck in their favor through forum shopping is standard fare in the United States. But not everyone realizes that public legislators engage in a similar exercise when they stack the deck in one party’s favor through “jurisdiction-stripping” or “jurisdiction-channeling” provisions. Congress can strip federal courts of all or some of its jurisdiction, channel jurisdiction over a particular class of cases into one particular court, and even strip the U.S. Supreme Court of its appellate jurisdiction. Understandably, this last category has received the most attention, as scholars are drawn to the penultimate conflict …