Law Commons^™

The Social Cost Of Plastic To The United States, Nancy Lauer, Tibor Vegh, Michelle Nowlin, John Virdin, Jason Somarelli

Faculty Scholarship

No abstract provided.

New Insights On Expert Opinion About Eyewitness Memory Research, Travis M. Seale-Carlisle, Adele Quigley-Mcbride, Jennifer E. F. Teitcher, William E. Crozier, Chad S. Dodson, Brandon L. Garrett

Faculty Scholarship

Experimental psychologists investigating eyewitness memory have periodically gathered their thoughts on a variety of eyewitness memory phenomena. Courts and other stakeholders of eyewitness research rely on the expert opinions reflected in these surveys to make informed decisions. However, the last survey of this sort was published more than 20 years ago, and the science of eyewitness memory has developed since that time. Stakeholders need a current database of expert opinions to make informed decisions. In this article, we provide that update. We surveyed 76 scientists for their opinions on eyewitness memory phenomena. We compared these current expert opinions to expert …

Multi-Risk Governance Of Solar Radiation Modification, Jonathan B. Wiener, Tyler Felgenhauer, Mark E. Borsuk

Faculty Scholarship

Solar radiation modification (SRM) presents important challenges to risk regulation and governance, arising from the array of multiple risks that SRM may influence. SRM would not simply reverse climate change, but could pose further ancillary impacts, depending on the method of SRM, such as stratospheric aerosol injection (SAI), marine cloud brightening (MCB), or a space-based planetary sunshade system (PSS). We identify multiple risks that SRM may influence, both biophysical and sociopolitical, to be compared to the multiple risks that may be affected by greenhouse gas (GHG) mitigation and climate adaptation. This multi-risk framework helps analysts and decision makers identify, evaluate, …

A Brief Look At Authoritarianism And Totalitarianism Through A Perspective Of Jewish Law And Tradition, Samuel J. Levine

Scholarly Works

A view of authoritarianism and totalitarianism through a perspective of Jewish law and tradition might take various forms and draw upon different approaches, depending on a number of components, including definitions of terms, modes of analysis, and the scope of disciplines and materials to be incorporated. Rather than attempting to present a comprehensive or determinative presentation of historical and philosophical considerations of these issues, this essay will briefly explore conceptual lessons from narrative, political, and legal sources of Jewish tradition, suggesting that Jewish thought recognizes, at once, both the importance of unity and authority and the dangers of authoritarianism and …

The Towering Inferno: Art, Policy, And Legacy, Charles R. Jennings

Publications and Research

The Christian Regenhard Center for Emergency Response Studies, leveraging the expertise of its faculty, staff, Advisory Board and colleagues, has consistently programmed activities focused on high-rise fire safety. The upcoming 50^th anniversary of the film The Towering Inferno was an inspiration.

We decided this would be more lighthearted and less purely technical than many of our events. We wanted to consider both the film, and use it to reflect on the state of fire safety in tall buildings in New York City.

Of course it does not escape us that the topic of fire safety is a serious one, …

A Proposal For One “Super” Independent Accountability Mechanism, Daniel D. Bradlow

Perspectives

This essay will discuss how the MDBs- for example, the World Bank Group, the African, Asian, and Inter-American Development Banks, and more recently the European Bank for Reconstruction and Development, Asian Infrastructure Investment Bank, and the New Development Bank – are dealing with the issue of accountability. It will argue that, although the MDBs have been leaders in promoting international organizational accountability, their mechanisms of accountability are not keeping up with the evolution in their operations. In the interests of promoting new and creative thinking about these issues, it will also make an ambitious proposal for how the MDBs jointly …

Should Decisions Of Independent Accountability Mechanisms Be Binding?, Lalanath De Silva, Giada Giacomini

Perspectives

In this essay, it is argued that IAMs should be empowered with binding decision-making authority to enhance their effectiveness and ensure that justice is served, and remedies delivered. This argument is supported by analyzing the right of access to justice. Further, this essay analyses existing mechanisms with binding decision-making power that have already been created or acknowledged by IFIs; these mechanisms include IFI administrative tribunals for employees, arbitration processes for commercial disputes, integrity related sanctions regimes, and the appeal bodies that hear access to information decisions. The IFIs’ embrace of binding decisions in these contexts demonstrates that nothing prevents IFIs …

Jurisprudence Of Problem-Solving Courts: A Study Of Structure, Success, And Sociological Theory, Lauren M. Boos

Graduate Student Theses, Dissertations, & Professional Papers

In response to the failures of mass incarceration and its disproportionate impact on marginalized communities, Problem-Solving Courts (PSCs) have emerged as alternatives to traditional prosecution. These courts employ therapeutic-informed and rehabilitative practices aimed at addressing the root causes of criminal behavior. While widely regarded as more effective than traditional courts, PSCs have developed largely without a formal theoretical foundation. This is notable given their alignment with Sociological Jurisprudence (SJ) and Therapeutic Jurisprudence (TJ), which view the legal system as a vehicle for promoting individual and community well-being.

Despite being celebrated as therapeutic innovations, PSCs often embody these principles unevenly. Using …

Ineligible Partners: Tribal Nations And Cooperative Federalism In The Historical Development Of National Forest Law And Policy, James H. Baker

Graduate Student Theses, Dissertations, & Professional Papers

Lands within the National Forest System (NFS), like all federal public lands, are rooted in Aboriginal Title and were once exclusively inhabited by Indigenous peoples and communities. Through the process of treaty-making, the federal government amassed millions of acres of ceded Tribal lands, many of which are now managed by federal public land agencies, including 194 million acres managed by the U.S. Forest Service (USFS). Several Tribes reserved various use and property rights on these lands that are protected by the U.S. Constitution’s Treaty and Supremacy Clauses. The federal government also has an overarching trust obligation to Tribes – a …

Preventing Chemical And Biological Attacks: Enhanced Threats Requiring Enhanced Solutions, Alex Elliot Ottoni-Belval

Graduate Theses/Dissertations

Chemical weapons (CW) and biological weapons (BW) are becoming more dangerous for experts to employ and more accessible to amateurs. Despite CW and BW attacks throughout history that killed and maimed millions of people, the international community has failed to establish meaningful consequences to prevent them. Agreements such as the Chemical Weapons Convention and the Biological Weapons Convention vow to eliminate and reduce the effects of CWs and BWs but lack respected response precedents and capabilities. The limited and inconsistent enforcement has inadvertently allowed CWs and BWs to become plausible weapons, especially to gain asymmetric advantages, while modern developments exasperate …

Too Essential To Fail: Lessons From County Fiscal Crises, Michael A. Francus

Journal Articles

This Article draws out the lessons of counties for municipal finance. To do so, the Article begins by unpacking the municipal finance regulations that have provided counties with extraordinary fiscal safety. The Article then turns to case studies of the eleven counties that either filed for bankruptcy or had state fiscal interventions since the passage of the Bankruptcy Code in 1978. Those case studies show how counties' finances can (in rare cases) go wrong despite well-designed municipal finance regulations. The case studies also show how counties have successfully responded to those crises through bankruptcy and fiscal intervention.

Using that analysis, …

"Shocking The System" In The 21st Century: Conservative Policy Entrepreneurs And The Plan For Authoritarianism In The U.S., Athena M. King

Political Science & Geography Faculty Publications

The first few days of the second Trump presidency saw a flurry of executive orders targeting immigrants, the transgender community, blacks, and federal government employees. The resulting “shocks” to the system are unprecedented, causing many to question the continuation of American democracy. These actions are a few of many policy preferences developed by conservatives and captured in “Project 2025”, spearheaded by the Heritage Foundation and with the overall intent of restructuring the federal government to suit authoritarian aims. Using a theoretical framework regarding policy entrepreneurs (PEs), I argue that conservative PEs (CPEs), under the aegis of the Republican Party and …

Manifesting A Shift In The "Overton Window": The Threat Of Project 2025 On The Lgbtq+ Community In Higher Education, Athena M. King, Sara Sanatkar

Political Science & Geography Faculty Publications

Since the first Trump administration, historically marginalized groups in the United States have been subjected to greater instances of bigotry and discrimination due to conservative influence on sociopolitical institutions. These actions suggest a shift in the "Overton Window," whereby policy preferences previously deemed "unacceptable" are given consideration in the mainstream, especially by conservative policy actors. "Project 2025" is a comprehensive plan to restructure the federal government according to conservative dictates in the second Trump administration. This article is an examination of how higher education may be impacted by this plan, especially as it relates to LGBTQ+ faculty, administration, staff, and …

A New Deepfake Detection Method With No-Reference Image Quality Assessment To Resist Image Degradation, Jiajun Jiang, Wen-Chao Yang, Chung-Hao Chen, Timothy Young

Electrical & Computer Engineering Faculty Publications

Deepfake technology, which utilizes advanced AI models such as Generative Adversarial Networks (GANs), has led to the proliferation of highly convincing manipulated media, posing significant challenges for detection. Existing detection methods often struggle with the low-quality or compressed press, which is prevalent on social media platforms. This paper proposes a novel Deepfake detection framework that leverages No-Reference Image Quality Assessment (NRIQA) techniques, specifically, BRISQUE, NIQE, and PIQUE, to extract quality-related features from facial images. These features are then classified using a Support Vector Machine (SVM) with various kernel functions. We evaluate our method under both intra-dataset and cross-dataset settings. For …

Climate Liberalism And Decarbonization, Jonathan H. Adler

Faculty Publications

Existing climate policy goals require dramatic and rapid reductions in greenhouse gas (“GHG”) emissions. Achieving such reductions within the desired time frame is a tremendous challenge, particularly through conventional regulatory approaches. The conventional approach to environmental problems is to treat such problems as “market failures” that can be corrected by government intervention, such as through regulation. Such approaches are constrained by various sources of government failure that are exacerbated by the scale and scope of the problem. The knowledge problem, administrative transaction costs, and limits on regulatory throughput capacity all hamper the use of traditional regulatory tools to address the …

Exclusion Within Inclusive Education Policy: The Challenges Facing Urban Refugees In Accessing Education In Thailand, Mst Umme Habiba Fahmina Karim Dr.

Indonesia Law Review

Despite Thailand’s adoption of the Education for All policy in 2005, which grants all children, including refugees, access to free public education, refugee children largely remain excluded. Camp-based refugees attend informal, unrecognized education programs, while urban refugee children are categorised with migrant children in enrollment data. In 2023, only 34% of legal migrant children were enrolled in public schools, while refugees—often classified as "illegal migrants"—are either left out or attend unofficial community schools. This study examines the gap between policy and practice by exploring the experiences of urban refugees and perspectives of key stakeholders, including refugees, government agencies, and humanitarian …

Assessment Of Implementation And Enforcement Of Smoke-Free Laws And Policies Among Malaysian Smokers: A Mixed Method Approach, Gan Shiz Yee

Student Works (2020-2029)

Smokefree laws (SFL) and policies could deter smoking by strengthening anti-smoking norms, impacting cessation behaviour due to decreased social acceptability of smoking in public spaces. With socioeconomic status (SES) affecting smoking risk factors, disparities in health outcomes post-SFL implementation are likely. Furthermore, regional and international assessments show Malaysia’s poor performance due to ineffective smoking bans and enforcement. Local studies revealed inadequate SFL implementation and enforcement, leading to high secondhand smoke (SHS) exposure. Understanding these challenges and opportunities is crucial for improving policy implementation and enforcement to enhance public health outcomes. This study examined the association between SFL and quit intention …

How Halal Certification And Islamic Ethics Tackle Greenwashing: New Solutions For A Sustainable Economy, Muhammad Afif Ryan Pratama

Journal of Middle East and Islamic Studies

This research explores the role of halal certification and Islamic ethics in addressing greenwashing within the financial sector. Greenwashing, the practice of exaggerating environmental responsibility, undermines genuine sustainability efforts and trust among consumers and investors. Islamic finance, based on principles of transparency, social justice, and ethical business practices, provides a robust framework to counter such deceptive practices. The study proposes expanding halal certification to incorporate environmental standards, ensuring that companies demonstrate both ethical and sustainable practices. This integrated approach offers a unique solution to combat greenwashing and aligns with broader sustainability goals. By including sustainability in halal certification, the credibility …

Impacto De La Pandemia De La Covid-19 En Las Familias De Los Jóvenes Universitarios De Las Poblaciones Rurales Mayas Del Estado De Yucatán, Jorge Atocha Pacheco Castro

Journal of Maya Heritage

Abstract. This study examines the impacts of the COVID-19 pandemic on the families of university students from rural Maya communities in Yucatán, Mexico. Utilizing an anthropological framework, the research highlights the interplay of structural vulnerabilities and cultural resilience. It explores how families navigated economic challenges, social interactions, and cultural practices amid the crisis. Key findings include the reliance on traditional subsistence practices such as small-scale agriculture and backyard farming, which provided a safety net during economic downturns. Socially, rural families reported lower stress levels and stronger communal bonds compared to their urban counterparts, owing to expansive living spaces and outdoor …

Increasing Youth Engagement In Community Heritage And Social Justice Through Implementation Of A Youth Participatory Empowerment Model, Jancarlos Wagner-Romero, Mary Gillis, Lindsay Clemens, Amanda J. Dworak Rowland, Curlinda Mitchell-Blacksheep, Melanie Canaday-Talley

Journal of Multicultural Affairs

Youth in traditionally marginalized communities are often the target of policies and practices without the opportunity to provide input. This article highlights effective strategies to empower youth to become active participants in their communities. Using a Youth Participatory Empowerment Model (YPEM), youth participants from six demographically distinct communities engaged in YPEM-supported activities and strategies to identify and address a need within their community. To gain insight into successful strategies, qualitative data from pre and post implementation focus group interviews and observational field notes informed the conclusions. The participant youth represent tribal, undocumented, rural, suburban, and urban youth from underserved populations. …

Bench Stacking And Biases: The Icj’S Partial Decision In Yugoslavia V. Nato Members In Comparative Perspective, Jeffrey S. Bachman

Genocide Studies and Prevention: An International Journal

Since the Genocide Convention was adopted by the General Assembly in 1948, eight cases have been brought to the ICJ by invoking Article IX of the Genocide Convention as a basis of the Court’s jurisdiction. Only two cases have reached their conclusion based on the merits of the case, with others decided during preliminary proceedings, while still others remain ongoing. There have been numerous studies of ICJ impartiality, with particular focus on judges’ voting records, using large amounts of data to discern any trends and biases. This article is the first attempt to comparatively analyze ICJ genocide cases using an …

After Impunity: The Anti-Impunity Norm, The Colombian Special Jurisdiction For Peace, And The Future Of International Criminal Law, Max Pensky

Genocide Studies and Prevention: An International Journal

The predominance of international criminal law as a frontline response to atrocity crimes prioritizes the countering of impunity as an overarching goal. A corresponding “anti-impunity norm” identifies the legal punishment of individual perpetrators as a core requirement in legal responses to atrocities. This anti-impunity norm – the requirement to prosecute and punish – is also a legal obligation for state parties to the International Criminal Court. But the anti-impunity norm equates impunity’s opposite – accountability – with the imposition of legal punishment. This narrow interpretation of impunity places limits on states’ ability to craft context-specific responses to atrocities while also …

Volume 7 (2024) Artificial Intelligence And Responsibility, Arwa Alnajashi, Danielle Derise, Philip L. Frana, David Mcgraw, Amanda Sawyer, Tatjana Titareva, Raafat Zaini, Allie Zombron

International Journal on Responsibility

The seventh volume of the International Journal on Responsibility (IJR) arrives at a crucial moment in the evolution of artificial intelligence and its integration into our academic and social fabric. As we witness the rapid advancement and deployment of AI systems across various domains, this special issue examines the multifaceted dimensions of responsibility surrounding AI technology, with a particular focus on its role in higher education and broader societal implications.

The articles in this volume contribute to our understanding of responsibility through diverse lenses, from classroom implementation to ethical design considerations. Together, they fulfill IJR’s central mission of exploring “Who …

The Search For Unenumerated Fundamental Rights, Alina Sluzhyvenkova

Student Theses and Dissertations

There are certain rights that are explicitly enumerated in the Constitution, e.g., right to bear arms, right to free speech, right to a speedy and public trial. There are also rights that aren’t specifically written out but are nevertheless enjoyed by people nationwide. Rights that aren’t explicitly mentioned in the Constitution, but which are fundamental to are called the unenumerated rights. Unenumerated rights are just as important and can be derived from natural law, enumerated rights, the Ninth Amendment, precedents, judicial opinions, and substantive due process.

Substantive due process is a principle guaranteed by the Fifth and Fourteenth Amendments, which …

Education Within Prisons: The Good And The Bad, Tristan T. Morris

Quest

Independent Study

Research in progress for CRIJ 1301: Introduction to Criminal Justice

Faculty Mentor: Stefanie LeMaire

This manuscript began from a response to a discussion prompt in my Introduction to Criminal Justice course where students were asked to discuss some of the issues facing inmates upon release from incarceration. Tristan completed outside research on the relationship between education and recidivism among incarcerated individuals. More specifically, she wanted to discuss the barriers to successful reintegration and programs that have been introduced to address these concerns. Most offenders will be released from incarceration, and they will reenter our society. There is a …

Lessons Learned: Karl-Philipp Wojick, Maryann Haggerty

Journal of Financial Crises

Karl-Philipp Wojcik is the general counsel of the European Union’s Single Resolution Board (SRB), the central resolution authority within the European Commission (EC) banking union. The banking union, which as of January 1, 2023, encompasses the 20 eurozone countries, along with Bulgaria, was established as part of the financial system reforms stemming from the Global Financial Crisis and the ensuing European sovereign debt crisis. The SRB’s stated mission is to ensure orderly resolution of failing banks, protect taxpayers from state bailouts, and promote financial stability. Wojcik became SRB general counsel in November 2020. Previously, he was a member of the …

Lessons Learned: Calvin Mitchell Iii, Mercedes Cardona

Journal of Financial Crises

Calvin Mitchell III served as executive vice president of the communications group within the executive office of the Federal Reserve Bank of New York (FRBNY) during the Global Financial Crisis. In 2008, Mitchell was tapped by Timothy Geithner, who was then FRBNY president, to head a new group charged with expanding the communications and community affairs functions. Mitchell left the FRBNY in 2009 for the private sector and returned to government in 2021 as assistant secretary for public affairs in the US Treasury Department.

Lessons Learned: Subba Rao Duvvuri, Salil Gupta

Journal of Financial Crises

Subba Rao Duvvuri served as governor of the Reserve Bank of India (RBI) for five years (2008–13). Before that, he was finance secretary to the government of India (2007–08), and secretary to the prime minister’s Economic Advisory Council (2005–07). With a career spanning 35 years in the Indian Administrative Services, Duvvuri has held various positions at the state level in the government of Andhra Pradesh, and at the central government of India. Duvvuri was previously lead economist at the World Bank (1999–2004) and, after 2013, served as a visiting fellow at the National University of Singapore and the University of …

Lessons Learned: Jason Cave, Vincient Arnold, Greg Feldberg

Journal of Financial Crises

Jason Cave was the senior adviser to the chairman of the Federal Deposit Insurance Corporation (FDIC) from 2008 to 2011 and the deputy director of the Division of Complex Financial Institutions at the FDIC from 2011 to 2013. This Lessons Learned summary is based on an interview with Cave held on April 8, 2024. During the interview, Cave discussed the so-called ring-fencing arrangements planned, considered, or executed between various agencies of the US government—the Federal Reserve, Department of the Treasury, and FDIC—and three banks: Wachovia, Citigroup, and Bank of America. These arrangements, sometimes referred to as wraps or risk shields, …

International Monetary Fund: Special Drawing Rights Allocations, 2009, Ikbal S. Ahluwalia, Owen Heaphy, Rosalind Z. Wiggins

Journal of Financial Crises

Despite efforts by the world’s major economies to address stresses in the global financial system, by early 2009, the Global Financial Crisis caused developing and lower-income countries to experience shortages of the major reserve currencies. In August 2009, the International Monetary Fund (IMF) distributed a general allocation of Special Drawing Rights (SDR) of unprecedented size—totaling USD 250 billion (SDR 161.3 billion)—to all member countries in an effort to address these issues and provide liquidity to the world’s economies. In September 2009, it also distributed a special “catch-up” allocation of USD 33 billion in SDRs (SDR 21.5 billion) to eligible members …