Digital Commons Network^™

V.63-2, 2026 Masthead

San Diego Law Review

No abstract provided.

The Common Law Is A Complex Adaptive System, Ronald J. Allen, Paul Piazza

San Diego Law Review

Traditional accounts of the common law from Blackstone to Dworkin focus on the role of precedent in judicial decision-making, the metaphysical nature of law, and the heroic judge.  As important as these perspectives are, they miss the essence of the common law, which is that it is a “complex adaptive system,” with the capacity to process vast amounts of information and broadly impact individuals and society in unexpected ways.

Complexity Theory—the study of decentralized, yet self-organizing systems and the emergent phenomena they produce—has been applied to study real-world systems as wide-ranging as the immune system, insect colonies, the global economy, …

The Oxymoron At The Heart Of Delaware’S Making Elon Happy Legislation, Franklin A. Gevurtz

San Diego Law Review

This Article proceeds as follows: Part II provides the background by giving a brief overview of the law governing transactions between a controlling stockholder and the corporation or its minority stockholders; laying out the complaints about recent Delaware court decisions applying this law; and explaining how S.B.-21 responded to these complaints through a belt and suspenders approach of narrowing both the definition of controlling stockholder and the difference in the legal treatment between controlling stockholder transactions and transactions with conflicted directors.

Part III explains the fundamental inconsistency created by the statute’s effort to limit the definition of controlling stockholder by …

Liberty As Entitlement In The Common Law, Joshua C. Tate

San Diego Law Review

In recent decades, some Justices of the U.S. Supreme Court have questioned the broad definition of liberty that is the basis for the doctrine of substantive due process.  In his dissenting opinion in Obergefell v. Hodges, for example, Justice Thomas argued that liberty in the common-law tradition “has long been understood as individual freedom from governmental action, not as a right to a particular governmental entitlement.”  This Article will argue that such a narrow definition excludes many instances in which the common law used “liberty” as a synonym for “privilege” or “entitlement.”  Treatises that were well-known to the Framers …

Enhancing Protections For Professionals Who Report Misconduct As Required By A Fiduciary Duty Or A Professional Code Of Conduct, Nicholas Daniel Seger, Kelli Myers

San Diego Law Review

Whistleblowers play a critical role in maintaining ethical standards within professional environments, yet current legal frameworks often leave professionals who report misconduct vulnerable to severe retaliation.  Despite clear ethical and fiduciary duties requiring professionals, including attorneys, accountants, and medical providers, to report known misconduct, those who fulfill these obligations may face termination, reputational harm, and financial loss.  The case of Bohatch v. Butler & Binion starkly illustrates the chilling effect of insufficient legal protections, where a partner’s adherence to her ethical duty resulted in professional exile.  Without robust legal safeguards, professionals are left to navigate a treacherous landscape where integrity …

Super Secret Or Super Illegal?: When Ndas Function As Unlawful Noncompetes, A Case Study Of The Reality Television Industry, Hannah K. Bollinger

San Diego Law Review

Reality television brings to mind staged conflicts, mindless entertainment, and fame-hungry casts.  However, beneath all this editing lies a unique and nontraditional employment structure whereby stars sacrifice everything to star on a show in the hopes of earning the coveted status of “celebrity” or “influencer.”  But the rules to play are one-sided.  Overly broad nondisclosure agreements restrict what stars can say and when, extending beyond the protectable bounds of storylines and trade secrets.  This Comment argues that these overly broad nondisclosure agreements function as de facto noncompetes that directly and indirectly limit stars’ abilities to compete within the labor market …

Growth With New And Old Technologies, Bernardo S. C. Ribeiro

Cowles Foundation Discussion Papers

This paper proposes a semi-endogenous growth theory that incorporates technology vintages and the endogenous evolution of multiple technological paradigms through innovation. It provides a characterization of both balanced growth equilibrium and transitional dynamics in an environment where new technologies continuously emerge. From a positive perspective, the model rationalizes two distinct empirical patterns. Using two centuries of US patent data, I first document that the age profile of patents has a pronounced hump shape: most contemporary patents build upon technologies that are between 50 and 100 years old. Second, this age profile has remained stable throughout the past century. From a …

Economic Policies And Their Role In Enhancing Innovation: An Econometric Study Of South Korea (1996–2024), Ahmad M. Habeeb, Mahdi Saleh Sulaiman Al-Rikani

Muthanna Journal of Administrative and Economics Sciences

This research aims to study and analyze the impact of macroeconomic policies (fiscal, monetary, and trade) on promoting innovation in South Korea during the period 1996-2024 using the ARDL model. The results of estimating the model’s parameters in the short and long run showed a stable equilibrium relationship, with an error correction coefficient of –0.173. This indicates that the Korean economic system possesses a self-correcting mechanism that restores equilibrium shocks within approximately 5 years and 9 months. The results also demonstrated the importance of education spending and the money supply in stimulating and promoting innovation, while trade liberalization had a …

Financial Behavior As A Mediating Variable Between Artificial Intelligence Applications And The Enhancement Of Financial Inclusion: An Analytical Study Of The Opinions Of A Sample Of Customers Of The Trade Bank Of Iraq (Tbi) In Al-Muthanna Governorate, Alaa Hussein Lrhayim, Kamal Kadhim Al-Hassani

Muthanna Journal of Administrative and Economics Sciences

This analytical study aims to explain the nature of the relationship between Artificial Intelligence (AI) and the enhancement of Financial Inclusion through examining the mediating role of Financial Behavior. The study was conducted on a sample of customers of the Trade Bank of Iraq (TBI) in Al-Muthanna Governorate. A structured questionnaire was designed to measure the main research variables, namely Artificial Intelligence, Financial Behavior, and the level of Financial Inclusion. The research gap stems from the limited ability of previous studies to explain how Artificial Intelligence can contribute to enhancing Financial Inclusion, as most studies have examined this relationship directly …

The Impact Of Certain Electronic Payment Methods On Iraqi Bank Credit For The Period 2018–2024, Kareem Muttair Hassan Al-Zayadi, Ali Jaber Abdul-Hussein Al-Maali

Muthanna Journal of Administrative and Economics Sciences

The information revolution and the significant acceleration in the proliferation of electronic payment instruments over the last decade represent the primary frontier in reshaping traditional economic transactions, with the banking sector garnering the utmost attention in this domain, and beginning from 2018, Iraq initiated its digital financial transformation operations through the Central Bank launching initiatives to regulate the work of electronic payment companies, and the significance of this study lies in formulating an integrated analytical and econometric vision to explore the dynamic relationship between the expansion of these systems and the efficiency and trends of bank credit for the period …

The Impact Of Using Block Chain Technology On The Quality Of Financial Statements Of Economic Units, Hussein Abdul Mohsen Kazem

Muthanna Journal of Administrative and Economics Sciences

The current research aims to identify the concept of Block Chain technology, its characteristics and mechanism of action, and to clarify the nature of the quality of financial statements in economic units, as well as to show the extent of the impact of the use of Block Chain technology on the quality of financial statements in economic units, as the research problem crystallized in the extent of the reflection of the use of Block Chain technology on the quality of financial statements of economic units, and the study adopted the (descriptive analytical) approach in presenting the theoretical frameworks and then …

The Role Of Green Accounting In Achieving Sustainable Development Through The Quality Of Accounting Information: An Empirical Study Of Iraqi Industrial Companies, Ahmed Neamah Abed, Anmar Adnan Khudhair, Farqad Mohammed Bakr Al Saadi

Muthanna Journal of Administrative and Economics Sciences

The goal of this study is to highlight the role of green accounting, both direct and indirect, via the quality of accounting information, in achieving sustainable development goals in industrial companies in Iraq. The methodology was done based on data obtained in 2026 through a questionnaire sent to a random sample of 110 employees (accountants, heads of finance departments, finance managers and internal auditors) in industrial companies listed on the Iraq Stock Exchange. Structural equation modelling (SEM) was used to test the hypotheses and pathways by applying AMOS software. Furthermore, the results indicated that the green accounting is positively and …

Consumer Behavior In The Social Media Ecosystem: A Scoping Review Of Influential Factors, Huda Fadhil Gatea

Muthanna Journal of Administrative and Economics Sciences

The rapid expansion of social media has fundamentally transformed the ways consumers search for information, interact with brands, and make purchasing decisions. This study provides a structured synthesis of the literature on consumer behavior in the social media ecosystem using a Scoping Review approach aligned with the PRISMA-ScR framework. The review aimed to map the main research streams, identify dominant thematic categories, and clarify the conceptual directions shaping this field. A total of 31 studies published between 2011 and 2025 were included in the final review following a multi-stage screening process involving identification, screening, eligibility assessment, and final inclusion. The …

The Impacts Of Emotions On Thirst Among Heart Failure Patients, Chieh-An Yang, Hsing-Mei Chen, Tsung-Neng Tsai, Chieh-Yu Liu, Hui-Ju Lu, Ting-Ti Lin

International Nursing Research Congress (INRC)

Purpose: Thirst, characterized by sensations of oral dryness and a craving to drink, is a ubiquitous experience among heart failure (HF) patients. Besides reduced cardiac output, the clinical treatments for HF patients (e.g., diuretics, fluid restriction) may activate the renin-angiotensin-aldosterone system (RAAS), exacerbating their thirst distress.

Negative emotions are commonly experienced among heart failure patients. Previous studies have suggested that emotions (e.g., anxiety, depression) may activate the sympathetic nervous system, reducing the secretion of saliva, which, in turn, may increase sensations of dry mouth among HF patients. However, the relationship between emotions and thirst distress remains unclear. Therefore, the aim …

A Language We Built Together: A Physician Assistant’S Reflection On A Renal Transplant, Oviya Mahendran, Sampathkumar Sakthi Selvakumar

Journal of Wellness

This is not just a story of kidney transplantation in a tertiary care hospital in a tier-2 city of South India. It is all about a true clinical journey of resilience, where a young woman with congenital hearing loss, battling chronic kidney disease, discovered hope, understanding, and companionship through a physician assistant's compassionate communication.

Factors Influencing Physical Activity Post-Hospitalization In Cardiac Patients Reporting Hopelessness, Eleanor Rivera, Lola Coke, Nathan Tintle, Madison Goodyke, Anna Luong, Susan Dunn

International Nursing Research Congress (INRC)

Background: Lack of physical activity (PA) is a major health risk factor, associated with high burden of ischemic heart disease (IHD) [1]. Increasing PA demonstrates health benefits but meeting PA guidelines is difficult for patients with IHD. Furthermore, patients with IHD who experience hopelessness, a negative outlook and sense of helplessness about the future [2], may face additional barriers in meeting PA guidelines. This study used a qualitative approach to explore the self-reported barriers and motivating factors to meeting PA goals for patients with IHD.

Methods: The Heart Up! Study was an RCT testing a 6-week motivational intervention in individuals …

Evolution Of Global Sea‐Level Rise Projections And Their Uncertainty, Andra J. Garner, Amy Appollina, Jessica Slotter, Gregory G. Garner, Aimée B. A. Slangen, Robert E. Kopp, Benjamin P. Horton

School of Earth, Environment, and Society Faculty Publications and Presentations

For more than 40 years, scientists have projected future sea‐level change. Documenting how sea‐level projections have evolved is vital for tracking progress, uncertainties, and future research needs. Here, we update and analyze a database of global‐mean sea level (GMSL) projections dating from 1982 to 2025, identifying five key findings. First, GMSL projection generation has been concentrated in a small number of developed countries, with 95% of projections produced in the United States, United Kingdom, European Union, or Australia. Second, while GMSL projections for 2050 and 2100 have been published regularly since the early 1980s, only 30 of 103 studies have …

Massachusetts Governor Healey: So-So Approval Ratings, Still Favored For Re-Election 8/27/2026, Unh Survey Center

All UNH Survey Center Polls

Half of Massachusetts residents approve of incumbent Democratic Governor Maura Healey's overall job performance, but majorities disapprove of her handling of housing and the cost of living, the two most important problems cited by Massachusetts residents. However, Healey holds wide leads over both Michael Minogue, the frontrunner for the Republican gubernatorial nomination, and Brian Shortsleeve in the November general election.

Ayotte's Approval Improves, Lead Over Warmington Grows In New Hampshire Gubernatorial Race 8/27/2026, Unh Survey Center

All UNH Survey Center Polls

Governor Kelly Ayotte has increased her lead in the 2026 New Hampshire gubernatorial election over presumptive Democratic nominee Cinde Warmington. Nearly all Republicans and a plurality of Independents plan to vote for Ayotte while four in five Democrats plan to vote for Warmington. Approval of Ayotte's job performance has also increased since July. Housing remains the most important problem facing New Hampshire, but the proportion of state residents who say taxes are the most important problem is at its highest point in more than two decades.

Utah Vegetable Production Guide (5th Edition), Nick Volesky, Marion Murray, Amelia Olds, Bridger Carey

All Current Publications

This guide, written by a collection of Utah State University (USU) Extension faculty and specialists, provides information on general Utah vegetable production, soil, nutrient, and water management, integrated pest management practices, and pesticides. The included chapters cover various vegetable crops, including brassicas, cucurbits, leafy greens, potatoes, legumes, onions, root crops, sweet corn, and solanaceous crops.

The Impact Of Integrated Reporting In Rationalizing Investment Decisions And Value Enhancing, Asst Prof Dr. Muna Jabbar Mohammed

Muthanna Journal of Administrative and Economics Sciences

The current research aims to identify and understand integrated reporting reports and to demonstrate their impact in investment decisions of publicly traded companies listed on the Iraq Stock Exchange and their role in enhancing the market value of these companies. To achieve this objective, a questionnaire was distributed to a group of investors in the Iraq Stock Exchange and processed using the SPSS statistical software. The questionnaire was analyzed using several statistical methods (factor analysis, correlation coefficient, and simple linear regression). The research reached several conclusions, the most important of which is that integrated reporting reports are a means of …

The Mediating Role Of Production Process Efficiency Through Lean Production In Enhancing Institutional Excellence: An Applied Study At The Maysan Oil Factory, Asst. Lect. Wasan Jawad Kadhim

Muthanna Journal of Administrative and Economics Sciences

This study aimed to analyze the mediating role of production process efficiency in the relationship between lean production and organizational excellence, through an applied study at the Maysan Oils Factory. This was done within the framework of efforts to improve operational performance and enhance the competitiveness of industrial enterprises. The study’s significance stems from its highlighting of lean production as a modern strategic approach and its showcasing of the role of production process efficiency as an intermediary mechanism that contributes to achieving organizational excellence in the industrial environment. The study adopted a descriptive-analytical approach. The study population consisted of employees …

Servant Leadership And Organizational Loyalty: Examining The Mediating Effect Of Meaningful Work, Mezher Abdulsada Hunain, Hasan Oudah Abdullah

Muthanna Journal of Administrative and Economics Sciences

This study aims to examine the effect of servant leadership on organizational loyalty among administrative and technical employees at the University of Basrah, with particular emphasis on the mediating role of meaningful work in explaining this relationship. The study seeks to provide deeper insight into how servant leadership practices influence employees’ organizational attachment by enhancing their perception of work as meaningful, which in turn strengthens organizational loyalty. A quantitative research design was adopted, and a simple random sample of 362 employees was selected to ensure adequate representation across various colleges and administrative units within the university. Data were collected using …

The Impact Of Cyber Resilience On Achieving Digital Development: A Survey Study At North Oil Company, Huda Abdul Rahim Hussein, Ali Abdul Fattah Alshaher, Ahmed Zuhair Tawfiq

Muthanna Journal of Administrative and Economics Sciences

The research aims to identify the impact of cyber resilience on achieving digital development in the North Oil Company within the framework of a conceptual model that relies on cyber resilience as an independent variable with its four dimensions (prevention, protection, response, recovery) and a dependent variable represented by digital development with its dimensions (digital infrastructure, digital skills, digital inclusion, technological innovation) The research adopted a survey methodology, and data was collected using a questionnaire developed based on previous studies that employed tested measures in the field of information systems and information security. The research sample consisted of 312 individuals …

Smart Financial Management Governance Based On Auditing As A Constitutional Mechanism For Accountability Of Algorithmic Authority, Ahmed Abdul Mahmood Al-Janabi, Yasser Saad Znad, Mohammed Salman Nima

Muthanna Journal of Administrative and Economics Sciences

This research examines the structural transformations brought about by the increasing use of algorithms and intelligent systems in financial management. These transformations extend beyond simply improving operational efficiency; they reshape the logic of decision-making and the distribution of power within organizations. The research is based on the premise that intelligent financial management generates a new form of algorithmic power, exercised through relatively closed computational models. This limits the interpretability and accountability of financial decisions within traditional governance frameworks. Furthermore, the research seeks to reframe the audit function from a regressive, compliance-based oversight role to a constitutional mechanism capable of holding …

The Impact Of Generative Ai Applications On Employees’ Perceived Job Security: A Field Study In Knowledge-Intensive Organizations In Iraq, Hayder Ibrahim Hassoon

Muthanna Journal of Administrative and Economics Sciences

This study examines the impact of generative artificial intelligence (GenAI) applications on employees’ perceived job security within knowledge-intensive organizations in Iraq. A quantitative, descriptive–analytical field design was employed. Data were collected through a five-point Likert-scale questionnaire administered to a stratified random sample of 420 employees from four organizations: Zain Iraq, Asiacell, Korek, and Rafidain Bank. The independent variable was operationalized through three dimensions: intensity of daily GenAI use, the impact of automation and job redesign, and organizational governance of GenAI use. The dependent variable was employees’ perceived job security. Reliability and construct validity supported the instrument’s adequacy for analysis, with …

Measuring And Analysing The Impact Of The Construction Sector On Per Capita Real Gdp In Iraq For The Period 2000–2024, Haider Abd Radhi

Muthanna Journal of Administrative and Economics Sciences

This study examines the extent to which the construction sector contributes to the national economy, specifically through its contribution to gross domestic product (GDP) at constant prices and per capita GDP. as this sector, which constitutes a significant part of the national economy in Iraq, aims to achieve an increase in GDP and per capita GDP and to achieve economic growth through the development of infrastructure in Iraq. Standard methods were used to measure the impact of the construction sector (the independent variable) on per capita real GDP (the dependent variable) during the period from 2000 to 2024, using the …

The Role Of Agile Human Resources In Enhancing Job Performance: An Exploratory Study Of The Opinions Of A Sample Of Human Resources In The Traffic Directorate Of Sulaymaniyah Governorate, Wafaa Salman Ibrahim, James Yohana Odeesh

Muthanna Journal of Administrative and Economics Sciences

Many organizations face challenges related to poor job performance resulting from difficulty adapting to rapid changes in the work environment. This necessitates the adoption of modern management approaches capable of enhancing human resource efficiency and improving performance levels. Agile human resources is one of the most important of these approaches that contributes to enhancing job performance. Based on this, this research seeks to identify the role of lean human resources as an independent variable in enhancing job performance as a dependent variable in the Sulaimaniyah Governorate Traffic Directorate. The research relied on a questionnaire as a data collection tool, consisting …

Effectiveness Of Banking Marketing Strategies And Their Impact On Attracting Customers: A Comparative Study Between The Trade Bank Of Iraq (Tbi) And The Bank Of Baghdad, Azzam Saleh Abd

Muthanna Journal of Administrative and Economics Sciences

The research problem centers on the growing gap between the marketing strategies adopted by Iraqi banks and the increasing expectations of customers in the digital age, which has led to a noticeable disparity in the ability to attract and retain customers between the public and private sectors. Despite its capital strength and sovereign status, the Trade Bank of Iraq (TBI) faces challenges in aligning its marketing flexibility with the needs of individuals versus large corporations, while the Bank of Baghdad struggles to promote trust and security to compete with government guarantees. To analyze this problem, three main hypotheses were formulated: …

Non-Parametric Bayesian Modeling For Predicting Financial Market Volatility, Maab Adil Sabbar, Ahmed Imad Jawad Alradhi

Muthanna Journal of Administrative and Economics Sciences

This study examines methodological developments in modeling financial market volatility, with a particular focus on Bayesian nonparametric approaches as flexible alternatives to traditional parametric models such as GARCH and stochastic volatility frameworks. While characteristics of financial time series—including fat tails, volatility clustering, asymmetry, and structural breaks—limit the effectiveness of rigid parametric specifications, nonparametric Bayesian tools such as Dirichlet Process Mixtures offer adaptive probabilistic structures that better capture the true behavior of returns.
Using daily data from the ISX Main 60 Index, the empirical analysis shows that although the GARCH(1,1) model achieves a good statistical fit, stable volatility estimates, and accurate …