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2022

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Full-Text Articles in Law

Big Data Technology Enabling Legal Supervision, Qingjie Liu, Shuo Liu, Yirong Wu, Yueqiang Weng, Yihao Wen, Ming Li Dec 2022

Big Data Technology Enabling Legal Supervision, Qingjie Liu, Shuo Liu, Yirong Wu, Yueqiang Weng, Yihao Wen, Ming Li

Bulletin of Chinese Academy of Sciences (Chinese Version)

Legal supervision plays an important role in the national governance system and capacity. In the era of digital revolution, the rapid development of digital procuratorial work with big data legal supervision as the core promotes to reshape the legal supervision and governance system. In this study, the inherent need of legal supervision for active prosecution in the new era, and the innovative role of new public interest litigation in comprehensive social governance, are firstly analyzed. Then, the core meaning and reshaping role of big-data-enabling-legalsupervision and supervision-promoting-national-governance of digital prosecution are discussed. After summarizing the practical experiences and challenges of big …


Answering The Call Dec 2022

Answering The Call

DePaul Magazine

With a strong spirit of service, DePaul initiatives aid displaced populations in Chicago and internationally.


Salus Populi: Educating Judges On The Social Determinants Of Health, Faith Khalik, Alisa Lincoln Dec 2022

Salus Populi: Educating Judges On The Social Determinants Of Health, Faith Khalik, Alisa Lincoln

Journal of Legal Education

No abstract provided.


Academic Freedom And Democratic Backsliding, Tom Ginsburg Dec 2022

Academic Freedom And Democratic Backsliding, Tom Ginsburg

Journal of Legal Education

No abstract provided.


Weathering State And Local Budget Storms: Fiscal Federalism With An Uncooperative Congress, David Gamage, Darien Shanske, Gladriel Shobe, Adam Thimmesch Dec 2022

Weathering State And Local Budget Storms: Fiscal Federalism With An Uncooperative Congress, David Gamage, Darien Shanske, Gladriel Shobe, Adam Thimmesch

University of Michigan Journal of Law Reform

Throughout most of 2020, state and local governments faced severe budget crises as a result of the COVID-19 pandemic. Increased demand for state welfare services and rising state expenses related to controlling the spread of COVID-19 stretched state and local budgets to their breaking points. At the same time, layoffs, business closures, and social distancing measures reduced states’ primary sources of tax revenues. The traditional practice of American fiscal federalism is for the federal government to step in to provide aid during a national emergency of this magnitude, because state and local governments lack the federal government’s monetary and fiscal …


Headquarters Report: Mda Strategic Plan: In The Rear View Mirror And Around The Curve, Karen Burgess Cae Dec 2022

Headquarters Report: Mda Strategic Plan: In The Rear View Mirror And Around The Curve, Karen Burgess Cae

The Journal of the Michigan Dental Association

The Association Executive Director's year-end report discusses the accomplishments and challenges of the MDA's 2021-25 Strategic Plan. Member value remains high, as indicated by a Net Promoter Score of 43 and positive feedback on benefits like TDSC.com. However, younger practitioners are less engaged due to pandemic-related challenges. Member engagement saw a successful in-person Annual Session and increased online engagement. Organizational sustainability remains strong, but efforts are focused on maintaining membership participation. Diversity, equity, and inclusion initiatives, including a collaborative website, made significant progress. Advocacy efforts resulted in Medicaid reform and defeating restrictive bills. The report concludes by emphasizing the evolving …


Dentistry And The Law: Employee Vs. Independent Contractor, Dan Schulte Jd Dec 2022

Dentistry And The Law: Employee Vs. Independent Contractor, Dan Schulte Jd

The Journal of the Michigan Dental Association

This month’s Dentistry and the Law column discusses hiring a dentist as an employee or an independent contractor. Employing a dentist as an independent contractor offers advantages such as avoiding compliance with various employment laws and not having to withhold taxes. However, there is uncertainty regarding whether tax and other authorities will recognize the independent contractor relationship. Factors like supervision and control play a significant role in this determination. To mitigate uncertainty, practices can contract with an entity owned by the dentist, providing a potential solution. Legal counsel is recommended for setting up such arrangements.


Staff Matters: What Will Be The Impact Of Changes To Michigan’S New Paid Sick Leave Law?, Jodi Schafer Sphr, Shrm-Scp Dec 2022

Staff Matters: What Will Be The Impact Of Changes To Michigan’S New Paid Sick Leave Law?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Michigan's paid sick leave law has seen several changes in recent years, and the latest updates, if upheld, will go into effect in February 2023. The original ballot-initiated law requires most employers to provide paid sick leave to employees. Employers need to be proactive in understanding the potential impact of these changes, including accrual rates, usage limits, notice requirements, and supporting documentation. It's crucial to review current leave policies and prepare for compliance if the law takes effect.


Disorderly Content, Ari Waldman Dec 2022

Disorderly Content, Ari Waldman

Washington Law Review

Content moderation plays an increasingly important role in the creation and dissemination of expression, thought, and knowledge. And yet, throughout the social media ecosystem, nonnormative and LGBTQ+ sexual expression is disproportionately taken down, restricted, and banned. The current sociolegal literature, which focuses on content moderation as a whole and sees echoes of formal law in the evolution of its values and mechanics, insufficiently captures the ways in which those principles and practices are not only discriminatory, but also resemble structures of power that have long been used to police queer sexual behavior in public spaces.

This Article contributes to the …


From The Acting Editor In Chief, Conrad C. Crane Nov 2022

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

No abstract provided.


Why Do Senior Officers Sometimes Fail In Character? The Leaky Character Reservoir, Everett S.P. Spain, Katie E. Matthew, Andrew L. Hagemaster Nov 2022

Why Do Senior Officers Sometimes Fail In Character? The Leaky Character Reservoir, Everett S.P. Spain, Katie E. Matthew, Andrew L. Hagemaster

The US Army War College Quarterly: Parameters

This article argues senior officers may fail in character because their rate of character development throughout their careers typically decreases as environmental stressors rise. It conceptualizes character as an open system with both gains and leaks over time and integrates existing scholarship on personality and ethical development to create the Leaky Character Reservoir framework, which it then applies to Army officers’ careers. Military leaders will gain a new understanding of character and find specific actions officers, units, and the US Army can undertake to strengthen the character of its senior officers.


Parameters Winter Issue 2022-23, Usawc Press Nov 2022

Parameters Winter Issue 2022-23, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers Nov 2022

The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers

Michigan Law Review

While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for particulate matter pollution, which is becoming worse by the year and is a significant cause of illness and premature death. This Note argues that particulate pollution, traditionally only regulated on the federal level within the ambit of the Clean Air Act, …


The Youth Inferno: Two-Way Working On Ancestral Lands, Pamela Nathan Oct 2022

The Youth Inferno: Two-Way Working On Ancestral Lands, Pamela Nathan

New England Journal of Public Policy

In this article I present some of the work of Creating a Safe and Supportive Environment (CASSE) in Central Australia, Northern Territory, with the youth in the justice system, referring to our dual cultural and therapeutic program Shields for Living, Tools for Life. Psychoanalytic concepts and tools that have informed the work and transformed the trauma landscape are detailed. The work is at the epicenter of anger, concern, and politics in Central Australia and this epicenter has been named the “youth crisis.” It is a journey of feeling the heat, of being on a rollercoaster ride in a landscape of …


Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson Oct 2022

Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson

Villanova Environmental Law Journal

No abstract provided.


A Proposed Tourism Cap On The Galapagos Islands: Beyond The Wildlife, Hannah M. Robertson Oct 2022

A Proposed Tourism Cap On The Galapagos Islands: Beyond The Wildlife, Hannah M. Robertson

William & Mary Environmental Law and Policy Review

Scientists have pleaded to both Galápagos and Ecuadorian officials to impose a tourism cap on land-based tourism to protect the biodiversity of the Islands. However, these proposals have offered little to no means of addressing the economic concerns or offsetting the impact a tourism cap would have on key revenue-producing industries and locals. Because of this, proposals for land-based tourism caps have gained little traction within Ecuador and the Galápagos.

This Note should serve as a guide for assessing what tourist restrictions are possible and how those restrictions would be implemented. Part I begins with an overview of the environmental …


Decentralizing Sustainably -- How Blockchain Can Benefit Environmental Goals, Logan J. Losito Oct 2022

Decentralizing Sustainably -- How Blockchain Can Benefit Environmental Goals, Logan J. Losito

William & Mary Environmental Law and Policy Review

[...] As presented in this Note, with a lack of clear guidance, disparate legislation from U.S. states continues to form a patchwork approach of policy to the topic of blockchain, with notably little attention paid towards environmentally sustainable practices. While this transpires across the states, sentiments from members of the federal legislative and, most recently, the executive branches of government express priorities in two areas when developing policy on the matter.

As this Note will outline, the concerns are generally over the sustainability of cryptocurrency mining practices and the potential for blockchain innovation to benefit environmental sustainability goals. However, while …


The Effectiveness Of The Aceh Ombudsman Representative’S Maladministration Handling: An Insider Perspective, Muazzinah Muazzinah, Saiful Akmal, Amrul Fadhil, Reza Fathurrahman Sep 2022

The Effectiveness Of The Aceh Ombudsman Representative’S Maladministration Handling: An Insider Perspective, Muazzinah Muazzinah, Saiful Akmal, Amrul Fadhil, Reza Fathurrahman

BISNIS & BIROKRASI: Jurnal Ilmu Administrasi dan Organisasi

The Ombudsman of the Republic of Indonesia oversees public services, particularly timely responses to reports. Since 2018, the Aceh Representative of the Indonesian Ombudsman handled 150 reports. It is interesting to investigate how well the Ombudsman dealt with these reports. This study examines the effectiveness of the Aceh Representative of the Indonesian Ombudsman in handling reported maladministration cases using a qualitative approach. The research data were gathered through interviews and document reviews by referring to Steer’s (1976) formulation of organization effectiveness, which includes productivity, adaptability, communication, job satisfaction, and human resources. The productivity, communication, and flexibility indicators are adequately effective, …


Plantain Cultivation In Puerto Rico: Its Inclusion In The National Crop Table Of The United States Department Of Agriculture’S Farm Service Agency, And Its Loss Compensation In Disaster Programs, Javier A. Rivera-Aquino Sep 2022

Plantain Cultivation In Puerto Rico: Its Inclusion In The National Crop Table Of The United States Department Of Agriculture’S Farm Service Agency, And Its Loss Compensation In Disaster Programs, Javier A. Rivera-Aquino

Journal of Food Law & Policy

If justice is to provide each person what they deserve, it seems plantain producers in Puerto Rico did not relish a just compensation for their farm losses after Hurricane Maria in 2017. The main culprit? Stale data. Farm Service Agency’s (FSA) Wildfire and Hurricanes Indemnity Program (WHIP) utilized plantain production data under the National Crop Table (NCT) 2017, which seemingly did not reflect up-to-date yield averages of Puerto Rico’s plantain farmers at the time of Hurricane Maria.


Environmental Governance By Contract: The Growing Role Of Supply Chain Contracting, Michael P. Vandenburgh, Patricia A. Moore Sep 2022

Environmental Governance By Contract: The Growing Role Of Supply Chain Contracting, Michael P. Vandenburgh, Patricia A. Moore

Michigan Journal of Environmental & Administrative Law

Corporate net zero climate commitments and environmental, social, and governance (ESG) policies have the potential to bypass barriers to international, national, and subnational government action on climate change and other environmental issues. This Article presents the results of a new empirical study that demonstrates the remarkably widespread use of environmental supply chain contracting requirements. The study finds that roughly 80% of the ten largest firms in seven global sectors include environmental requirements in supply chain contracting, a substantial increase over the 50% reported by a comparable study fifteen years ago. The Article concludes that the prevalence of environmental supply chain …


Deconstructing The Collapse Of Afghanistan National Security And Defense Forces, Thomas F. Lynch Iii Aug 2022

Deconstructing The Collapse Of Afghanistan National Security And Defense Forces, Thomas F. Lynch Iii

The US Army War College Quarterly: Parameters

No abstract provided.


From The Editor In Chief, Antulio J. Echevarria Ii Aug 2022

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Parameters Autumn 2022, Usawc Press Aug 2022

Parameters Autumn 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Assessing The Army’S Cyber Force Structure, John Fernandes, Nicolas Starck, Richard Shmel, Charles Suslowicz, Jan Kallberg, Todd Arnold Aug 2022

Assessing The Army’S Cyber Force Structure, John Fernandes, Nicolas Starck, Richard Shmel, Charles Suslowicz, Jan Kallberg, Todd Arnold

The US Army War College Quarterly: Parameters

No abstract provided.


Professionalizing Special Operations Forces, C. Anthony Pfaff Aug 2022

Professionalizing Special Operations Forces, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Aug 2022

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Why America’S Army Can’T Win America’S Wars, John A. Nagl Aug 2022

Why America’S Army Can’T Win America’S Wars, John A. Nagl

The US Army War College Quarterly: Parameters

Since achieving victory in World War II, the United States military has a less than enviable combat record in irregular warfare. Through a detailed historical analysis, this article provides perspective on where past decisions and doctrines have led to defeat and where they may have succeeded if given more time or executed differently. In doing so, it provides lessons for future Army engagements and argues that until America becomes proficient in irregular warfare, our enemies will continue to fight us at the lower levels of the spectrum of conflict, where they have a good chance of exhausting our will to …


The Cuban Missile Crisis: Miscalculation, Nuclear Risks, And The Human Dimension, Arthur I. Cyr Aug 2022

The Cuban Missile Crisis: Miscalculation, Nuclear Risks, And The Human Dimension, Arthur I. Cyr

The US Army War College Quarterly: Parameters

No abstract provided.


Why We Chose To Partner In A Corporate Practice, Michael Scialabba Dds Aug 2022

Why We Chose To Partner In A Corporate Practice, Michael Scialabba Dds

The Journal of the Michigan Dental Association

This article addresses the changing landscape of dental practice ownership and the growing importance of DSOs. The article discusses the journey of Great Hill Dental Partners from its inception at the advent of the Affordable Care Act in 2009 to become a fully functional, doctor-owned DSO.

The author emphasizes the need for practitioners to consider partnering with DSOs, especially in the face of rising challenges in the dental industry, such as increased administrative demands, reduced reimbursements, and the complexity of digital marketing and compliance. They outline the factors to evaluate when considering a DSO, including culture, support for clinical care, …


Three New Dentists Talk About ‘Getting Involved’, Gabriel Holdwick Dds Aug 2022

Three New Dentists Talk About ‘Getting Involved’, Gabriel Holdwick Dds

The Journal of the Michigan Dental Association

Three new dentists discuss their involvement in organized dentistry and its impact on their professional growth. Dr. Sarah Tomaka and Dr. Danny Miller share their experiences with the Michigan Dental Association (MDA) and their engagement with various committees. They explain how these leadership roles have provided them with expanded networks, personal growth, and a platform to influence the dental profession. They emphasize that getting involved with MDA leadership is highly rewarding and encourage others to participate, suggesting the MDA's Leadership Exploration And Development (LEAD) program as a starting point. The article also provides information on ways to get involved with …