Digital Commons Network^™

Trustless Trust And Antitrust: A Synthesis, Matt Blaszczyk

Touro Law Review

Authors have written of antitrust law’s demise in the face of blockchain, which, seemingly, achieves the pro-competitive ends of the law through technology and private ordering. Permissionless blockchains in particular are said to offer a vision of radical disinter mediation and a break with the platform economy troubling the regulators today. At the same time, blockchain supposedly presents challenges to antitrust doctrine, from the most basic of concepts to the viability of enforcement and remedies. Finally, blockchain community governance is said to allow for private ordering of antitrust, i.e., enforcement of rules attempting to protect competition, which are at the …

Second Amendment: Incompatible Methodologies And The Bruen And Heller Opinions' Underlying Misalignment, Henry H. Robinson

Touro Law Review

In its 2022 Bruen opinion, the Supreme Court characterized the Heller opinion as having applied a “methodological approach” for interpretation of the Second Amendment. However, Bruen’s description and summary partially omitted, and was materially misaligned with, Heller’s actual reasoning. In Heller’s first step of constitutional interpretation, which addressed the first clause of the sentence comprising the Second Amendment, the opinion had selectively not applied the methodological approach described in Bruen; Heller’s first step had applied a different, incompatible methodological approach. Bruen’s description was aligned only with the second step of Heller’s constitutional reasoning, which had addressed the sentence’s second clause. …

School Choice & Religious Discrimination: A Story Of The Illusory "Wall Of Separation," Sour "Lemon Tests," And Overgrown "Baby Blaines", Keren Kendil

Touro Law Review

The significance of elementary school education in shaping a child's future, and the success of society, is immeasurable. The free public school system is built on the premise that every child deserves to have the equal opportunity to learn and succeed. However, this system overlooks the millions of children attending private schools due to their religious and moral convictions. This note delves into the imperative of ensuring universal access to quality elementary education for every child, irrespective of their family's religious affiliations or preferences for private schooling, highlighting the constitutional imperatives of ensuring that every child has the opportunity to …

Livin' On A Legislative Prayer: How Prayer At A School Board Meeting Survives Under An Exception To The Establishment Clause, Brian Muff

Touro Law Review

This Note discusses the circuit split between the Ninth Circuit and the Fifth Circuit on whether prayer should be permitted to open up a school board meeting. First introducing the topic and explaining the history of legislative prayer in America, the Note then discusses governing Supreme Court precedent concerning school prayer and legislative prayer. After analyzing the cases that are the subject of the circuit split, the Note concludes with a recommendation that the Supreme Court permit the recitation of prayer to begin a school board meeting, citing the commonalities between a school board and a legislature and making three …

Masthead

Touro Law Review

No abstract provided.

The Punishment Of Cruel And Unusual Conditions: Extending The Purely Objective Standard Adopted In Kingsley V. Hendrickson To Claims Of Deliberate Indifference, Samantha M. Davis

Touro Law Review

In 2015, the Supreme Court in Kingsley v. Hendrickson held that a pretrial detainee claiming excessive force on the part of the state must only show that the force used was objectively unreasonable. Prior to the adoption of the purely objective standard, many courts around the country were analyzing such cases through a subjective standard to determine whether the officers subjectively knew that the force used against a pretrial detainee was unreasonable. The absence of this objective standard essentially allowed state officials to use excessive force against pretrial detainees without violating an individual’s Constitutional rights. The Supreme Court reasoned that …

Takings, Original Meaning, And Applying Property Law Principles To Fix Penn Central, John M. Groen

Touro Law Review

No abstract provided.

Breaching The Walls Of The Inviolable Citadel: The Supreme Court's Treatment Of The Lemon Test And Its Progeny, Christopher C. Spinosa Jr.

Touro Law Review

The Supreme Court in Kennedy v. Bremerton finally laid the three-pronged Lemon test to rest. Instead of Lemon and its progeny, Establishment Clause cases are now to be decided based upon the historical practices and understandings of our Founding Fathers. Subsequently, the Eleventh Circuit instructed the Middle District of Florida to its analysis in Rojas v. City of Ocala. In Rojas, a prayer vigil occurred in the City's public square and featured uniformed police chaplains singing and engaging in Christian prayers. After this Note was written and submitted for publication, the district court issued its decision in Rojas …

The Crypto Revolution: A Comparative Analysis Of Crypto Regulation In The United States And The European Union, Joseph Galasso

Touro Law Review

Cryptocurrency is something that many people have heard of, but few truly understand the totality of it. From its emergence to the present form, cryptocurrency has become an innovative technology which has changed the way in which we use money. As seen time and time again, where there comes new technology comes governmental authorities introducing new laws to regulate these emerging industries. The aim of these laws and regulations is to protect consumers, but it is imperative not to overregulate the industry. The goal of regulation is to allow consumers to enjoy the benefits of the industry; however, one cannot …

Why The United States Should Change Its Standards For Food Additives, Sara Smith

Touro Law Review

Processed food products sold in the United States are vastly different than those in Europe, often containing unnecessary and potentially dangerous additives. Recently, food consumer advocacy groups and reporters are bringing attention to these differences, thereby raising awareness of the poor processed food quality in the United States. The United States should take a new and improved method to food safety that mirrors the European Union’s approach. This Note will compare the differences between food additives in the United States and Europe, and further, will propose solutions to increase regulation on food additives in the United States.

The Danger Of Silence: The Negative Effect Of Supreme Court Hesitance To Establish A Bright-Line Rule For Determining Patent Subject Matter Eligibility, Amber N. Roibu

Touro Law Review

Ambiguity surrounding the interpretation of 35 U.S.C. § 101 and the ultimate application of the Alice/Mayo standard for determining patent subject matter eligibility has long plagued the courts, practitioners, and USPTO examiners alike. Maintaining a standard that leads to sheer confusion and, as a result, inconsistent rulings severely muddles the ultimate goal of patent law, to promote innovation. The Supreme Court has been presented with ample opportunities to address these issues, with the Solicitor General consistently recommending that it hear cases that deal with patent-eligibility debates. Nonetheless, the Supreme Court's continued hesitancy to grant certiorari on these cases only further …

Life, Liberty, And The Pursuit Of Artificial Intelligence, Christopher C. Spinosa Jr.

Touro Law Review

With governmental use of artificial intelligence (“AI”) becoming more prevalent, Americans are at risk of being subjected to the factual and legal findings of ill-equipped AI systems. The possibility of an AI takeover of the judicial branch is an undesirable reality to some individuals who are challenging laws and government programs which utilize AI systems to enforce traffic code violations. This Article considers the procedural fairness, privacy rights, and effectiveness of the various uses of AI systems in traffic code enforcement. By undertaking a thorough review of New York case law, this Article also analyzes the treatment of AI systems …

Could The Net Cost Of A Child Be Zero Dollars?, Vladimir Snurenco

University Faculty Publications and Creative Works

The article argues that the claim that raising children in America is unaffordable overlooks the economic benefits of marriage. While estimates like $300,000 sensationalize costs, they ignore the "marriage premium," which provides married couples with $1 million–$2 million in additional lifetime earnings through combined incomes, shared expenses, and increased productivity.

DINKs (Dual Income, No Kids) exemplify this premium, enjoying financial stability and luxury without children. The article suggests reframing parenting costs from a macroeconomic problem requiring political solutions to a microeconomic perspective that highlights marriage as a key to financial success. For most married couples, the net cost of raising …

#Employerstoo: Expanding Vicarious Liability For Sexual Harassment In Title Vii And Tort Law, Kassandra "Kassie" Fotiadis

Michigan Law Review

When an individual experiences sexual harassment through a workplace, she has limited options for recourse. One seemingly promising possibility is bringing a claim against her perpetrator’s employer. But this option—achievable through vicarious liability—has failed to realize its potential. In 1998, the U.S. Supreme Court established a standard to enforce vicarious liability for sexual harassment claims under Title VII. That standard, though, was limited in scope to begin with and has further narrowed over time. Common law principles also allow courts to hold employers vicariously liable for sexual harassment in tort. But few jurisdictions have adopted those principles, and there is …

Antiracist Medicine In Colorblind Courts, Govind Persad

Michigan Law Review

This Article considers how health professionals’ efforts to combat racial health inequities interact with legal restrictions constraining their ability to consider race. In light of the Roberts Court’s recent invalidation of two university admissions programs, intensifying a “colorblind” judicial shift, the collision between antiracist medicine and colorblind law is a pressing concern. This Article anticipates the implications of this collision and explores how health professionals and systems can design programs that survive judicial examination.

In Part I, the Article examines the frameworks that will apply if antiracist medicine faces legal challenges. These include the Equal Protection Clause and federal statutes …

A Republic Of Spending, Jonathan S. Gould

Michigan Law Review

Large-scale spending measures make up many of Congress’s most important recent contributions to national policymaking. Congress has appropriated trillions of dollars to respond to emergencies, fight climate change, expand social safety net programs, spur technological innovation, and strengthen national infrastructure. While the contemporary Congress’s failure to enact landmark regulatory statutes causes many to characterize it as dysfunctional, Congress in fact remains quite active—its policymaking energy is simply concentrated in the spending domain.

Congress’s use of spending rather than regulatory legislation as its primary way of shaping national policy marks a significant shift in American governance. This Article examines the causes …

In Re Polo Grounds Area Project I: Lessons From A Forgotten Lawsuit, Robert M. Jarvis

Touro Law Review

In 1961, the City of New York, using its eminent domain power, took title to the famed Polo Grounds. In 1967, in the Polo Grounds Area Project II case, the New York Court of Appeals ordered the City to pay millions of dollars in compensation to the site’s owners. This Article recalls the much more obscure Polo Grounds Area Project I case. Decided in 1964, it represents the opening act in the legal drama set off by the New York Giants’ move to San Francisco. It also provides guidance on three subjects important for practicing lawyers: 1) the correct method …

Protection In A Virtual Reality: The Dire Need For Trademark And Copyright Law Expansion To Encompass Digital Content Within The Metaverse, Amber N. Roibu

Touro Law Review

The Metaverse has gained much popularity in recent years, leaving some people with a feeling of uncertainty, but all the while intriguing many others. The multifaceted interactions and activities that take place within the Metaverse have made it a virtual world fertile for not only creative expression but also infringement of existing trademark and copyright protected works. Hand-in-hand with the development of the Metaverse has come the fast-growing interest in buying and selling virtual goods, properties, and non-fungible tokens. To preserve their reputation, avoid costly litigation, and ultimately uphold the exclusive rights allotted to them as intellectual property owners, trademark …

Replication Of Soft Skills Training In The Rohingya Camp And Host Community In Cox’S Bazar, Bangladesh, Md. Noorunnabi Talukder, Abdullah Al Mahmud Shohag, Mohammad Muktadir Hossain, Sharif M.I. Hossain, Ubaidur Rob

Humanitarian Task Force

The Population Council in collaboration with Research, Training and Management International (RTMI) and Underprivileged Children’s Education Program (UCEP) implemented a pilot project on soft skills training in Cox’s Bazar in 2022 and 2023. The purpose of this training was to improve the personal, social, and financial management skills of Rohingya youth, which would be useful on their return to Myanmar or during their interim period of stay in Bangladesh. This pilot initiative also included host community youth. The Council found the soft skills training relevant and necessary for the lives of Rohingya and host community youth and identified an increase …

Concerto Competition

Bailey School of Music Concert Programs

Concerto Competition: Final Round

Should School Buses Be Green? A Sustainability Decision-Making Case Study, Bonnie R. Albritton, Amy Foshee Holmes, Janet R. Jones

School of Business Faculty Research

The Director of Transportation for Grenze Independent School District wants to transform the bus fleet to clean energy, but budget constraints are a constant barrier. The health and safety of pupils, particularly those with asthma, is a compelling feature of this case to engage students and explore the benefits and challenges of electric vehicles. The purpose of this case study is to encourage students to consider all stakeholders when analyzing data for business decision-making, thus utilizing the triple bottom line. Learning objectives for Module 1 are to (1) analyze financial data for optimal decision-making, (2) identify and describe environmental and …

Enterococcus Faecium: Evolution, Adaptation, Pathogenesis And Emerging Therapeutics, Yahan Wei, Dennise Palacios Araya, Kelli L. Palmer

School of Podiatric Medicine Publications

The opportunistic pathogen Enterococcus faecium colonizes humans and a wide range of animals, endures numerous stresses, resists antibiotic treatment and stubbornly persists in clinical environments. The widespread application of antibiotics in hospitals and agriculture has contributed to the emergence of vancomycin-resistant E. faecium, which causes many hospital-acquired infections. In this Review, we explore recent discoveries about the evolutionary history, the environmental adaptation and the colonization and dissemination mechanisms of E. faecium and vancomycin-resistant E. faecium. These studies provide critical insights necessary for developing novel preventive and therapeutic approaches against vancomycin-resistant E. faecium and also reveal the intricate interrelationships …

Book Review: Lead Engaging Meetings: A Practical Guide To Maximize Participation And Effectiveness, Brad Sietz

LOEX Quarterly

No abstract provided.

Seeking, Evaluating, And Emotion: Unexpected Connections, Allison Faix

LOEX Quarterly

No abstract provided.

The Quarterly Interview: Danica E. White, Danica E. White

LOEX Quarterly

No abstract provided.

Study Of The Efficacy Of Neural Mobilizations To Improve Sensory And Functional Responses Of Lower Extremities In Older Adults With Diabetic Peripheral Neuropathy Using Plithogenic N-Superhypergraphs, Lisbeth J. Reales-Chacón, María E. Lucena De Ustáriz, Francisco J. Ustáriz-Fajardo, Andrea C. Peñafiel Luna, Gabriela J. Bonilla-Ayala, Pablo Djabayan-Djibeyan, José L. Erazo-Parra, Mónica A. Valdiviezo-Maygua

Neutrosophic Sets and Systems

Diabetic Peripheral Neuropathy (DPN) is an aggravation of diabetes mellitus, which consists of ulcers and loss of sensitivity in the lower limbs. In its most severe stage, the person's limb may be amputated, which causes disability. This is a disease with multiple causes and whose treatment requires several so-lutions, including drug treatment, physiotherapy, and re-education of the person to change to a healthy lifestyle, if necessary, where the need for adequate nutritional habits appears. It is due to such complexity that we selected the Plithogenic n- SuperHyperGraph as a tool to represent the collected data, which were processed with the …

Antibacterial And Antifungal Properties Of Hedyosmum Cuatrecazanum Occhioni Essential Oil: A Promising Natural Alternative Studied Using Neutrosophic Superhypersoft Sets, María Eugenia Lucena De Ustáriz, Francisco Javier Ustáriz-Fajardo, Adriana Monserrath Monge Moreno, Adriana Isabel Rodríguez Basantes, Lisbeth Josefina Reales Chacón, Rosa Elisa Cruz Tenempaguay, Verónica Paulina Cáceres Manzano, Nathaly Kassandra Moscoso Moreno

Neutrosophic Sets and Systems

Antimicrobial resistance is a global public health issue that, exacerbated by inappropriate antibiotic use, leads to reduced bactericidal effects, multidrug resistance, increased medical costs, prolonged hospital stays, and higher mortality rates. This study evaluates the antibacterial and antifungal activity of the es-sential oil of Hedyosmum cuatrecazanum Occhioni against various clinically relevant bacterial and fungal strains. The essential oil was extracted by hydrodistillation, yielding a 0.26% extract. Its components were characterized by gas chromatography coupled with mass spectrometry (GC-MS). The results demonstrate that the essential oil exhibits significant antibacterial activity, comparable to commercial antibiotics. Hedyosmum cuatrecazanum oil showed the highest antibacterial …

Integration Of Fuzzy Set Theory And Neutrosophic Sets For Qualitative And Quantitative Analysis In Inclusive Service To Native Communities Of Ucayali, Teófilo Meza Taipe, Jacobo Romero Quispe, Eladio Guzmán Villa, Patricio Aparicio Santiago Saturnino, Edwin Collazos Paucar, Adrián Alejandro Flores Konja

Neutrosophic Sets and Systems

This research focuses on the examination of public records and their potential to deliver inclusive service to the native populations of Ucayali, a key difficulty in the administration of public services in varied and culturally rich areas. The study tackles a gap in the current literature, where standard techniques do not effectively examine how transparency and sufficiency of services influence inclusive service quality. Using methodologies based on neutrosophic set theory, the research presents a novel way to examine the efficacy and accessibility of public registry services in a particular cultural setting. The findings reveal that the combination of Management Transparency …

Evaluation Of Agronomic Performance Of Two Varieties Of Faba Bean (Vicia Faba L.), Iniap 440 - Quitumbe And Iniap 442 - Sultana, Using Neutrosophic Superhypersoft Sets, Karina Paola Marín Quevedo, Cristian Santiago Jiménez Jacome, Ángel Rubén Murillo Ilbay, Isabel Chávez

Neutrosophic Sets and Systems

The yield and earliness of broad bean varieties have depended on key factors to enhance agricultural productivi-ty in various regions. Therefore, the objective of the study focused on evaluating the agronomic yield and earli-ness of the INIAP 442-SULTANA and INIAP 440-QUITUMBE broad bean varieties under specific edaphoclimatic conditions to determine their feasibility and potential for improving regional crop productivity. For this pur-pose, a combination of varietal attributes and leaf stages was used to determine eight treatments through model-ing with Neutrosophic SuperHyperSoft Sets. Among the results, INIAP 442-SULTANA demonstrated higher ear-liness and yield compared to INIAP 440-QUITUMBE. In conclusion, it was …

A Neutrosophic Framework For Artificial Immune Systems, Antonios Paraskevas, Florentin Smarandache

Neutrosophic Sets and Systems

Artificial immune systems (AIS) draw inspiration from the mechanisms of the natural immune system. They extract ideas from the functioning of the natural immune system in order to use them to build computer models to solve real-world problems. While traditional AIS models mimic the biological immune system’s capacity to distinguish between self and non-self entities, they often face challenges in environments where data may be incomplete or ambiguous. In this paper we introduce neutrosophic AIS that includes degrees of truthiness, falsehood and indeterminacy to better address ambiguity within pattern recognition tasks. Within this neutrosophic framework we discuss and redefine main …