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    eMortgage and Crypto-Mortgage in Home Finance

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    Most home mortgage loans today are documented on physical paper, but they are increasingly closed as eMortgages. The move to electronic documents is inevitable and will ultimately be a positive change for lenders and borrowers. However, additional regulation is needed to address issues raised by electronic home mortgage closings and the “crypto-mortgage,” a mortgage loan with the obligation evidenced by or tethered to a non-fungible token. Lenders have traditionally required that home mortgage loans be evidenced by a wet-signed paper promissory note to gain the advantages and the certainty of Article 3 of the Uniform Commercial Code (UCC) governing negotiable instruments. However, delivery and storage of promissory notes is expensive and inefficient. More than twenty years ago, state and federal statutes enabled an electronic equivalent to the negotiable promissory note, called a transferable record. More recently, states have begun to adopt the 2022 revisions to the UCC, including new Article 12 of the UCC, which enables a new type of electronic record that may evidence a mortgage loan and that facilitates crypto-mortgage architecture. This Article is the first to provide a comprehensive comparison of the traditional paper mortgage loan, the transferable record eMortgage loan, and the Article 12 electronic mortgage loan and is the first to consider the cryptomortgage. The Article explores the advantages and disadvantages of a move to electronic residential mortgage loan documentation, including the cryptomortgage, with a focus on the homeowner. Consumers may be less likely to read and understand electronic loan documents, but electronic documents can be designed to increase understanding. In addition, the law governing negotiable promissory notes and their electronic equivalent, transferable records, protects lenders from certain defenses to payment at the borrower\u27s expense; Article 12, on the other hand, leaves borrower defenses in place. Finally, storage and registration of eMortgages, registration using blockchain technology, and the crypto-mortgage raise new security questions. To address these issues, this Article recommends adoption of the 2022 revisions to the UCC, use of the Article 12 mechanism rather than the transferable record, abrogation of the holder in due course doctrine for home mortgage loans, regulation of closing procedures designed to consider electronic closings, and further study and regulation of security

    Is Snap Removal Unconstitutional?

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    In snap removal, an individual removes a civil action to federal district court from the courts of a state where one or more putative defendants are a citizen before any such putative defendant has been served with process. By removing before any forum-state defendants are served, the removal arguably eludes the forum-defendant rule, which prohibits removal based solely on the diversity or alienage jurisdiction statute if “any of the parties in interest properly . . . served as defendants is a citizen of the State in which such action is brought.” For years, federal judges and legal academics have disputed the propriety of snap removal as a matter of statutory interpretation: some endorse it; others decry it. Yet, these debates have focused entirely on whether snap removal evades the forum-defendant rule’s statutory bar, not whether the federal district courts exceed their constitutional boundaries by hearing the removed civil action if no defendant has been served or waived service. This essay is the first to tackle the constitutionality of snap removal, making the novel claim that the federal district courts may violate Article III by hearing civil actions removed via snap removal when no defendant has been served with process or waived service

    Role of Parents and Educators in STEM Education and Participation of Girls

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    The purpose of this paper presentation is to share the compelling findings regarding the role of educators, counselors, and parents in encouraging young girls to participate in STEM activities. The greater the participation in K-12, the greater the desire to pursue STEM majors in academia and future STEM careers (Mitchell et al., 2022; Perna & Titus, 2005). Corbett and Hill (2015), among others (Martinez & Christnacht, 2021; World Economic Forum, 2017) have shown the slow and stagnant numbers when it comes to women’s participation in STEM fields. Much of the needed interest can be cultivated when a girl is young, before she develops negative societal concepts of her abilities (Hunt et al., 2021; Shenouda et al., 2024). This is where parental involvement plays a significant role (Marcus et al., 2021). Parental involvement, especially the father’s presence in activities shows the daughter that she has an advocate (Hite & Spott, 2022; Kesar, 2017, 2018). In the future, her career choice and stickiness in STEM fields is directly and positively impacted as a result of the high self-esteem developed in the early years (Amarnani et al., 2018). Diverting family resources to ensure their daughter feels supported such as summer camps and tutors, bolster a girl’s interest in STEM (Davis-Kean et al., 2007; Dotterer, 2022; Marcus et al., 2021). As a proxy for parents, other adults such as teachers, tutors, counselors, mentors, and robotics coaches, all contribute to the girl’s habitus and self-confidence (Batz et al., 2015; Epstein et al., 2009). Adults-in-charge can also squash a girls’ desire for STEM as well as her self-confidence if they message sexist and gendered stereotypes (Moore, 2024). There has been a consistent focus on raising the rate of women who enter STEM fields. However, the answer may not be in curriculum advancements, or solving the “pipeline problem” (Almukhambetova et al., 2021; Barr et al., 2008)). The answer may begin right at home

    Redefining Success: Insights from Lebanese Women Leaders in Higher Education

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    This presentation explores how Lebanese women leaders in higher education define and measure success, emphasizing their innovative approaches and transformative impact. By examining personal narratives through a phenomenological lens, the study reveals how these leaders navigate cultural challenges, offering insights into leadership dynamics in a patriarchal society and contributing to global discussions on gender equity and academic leadership

    Autism Spectrum Disorder Comorbidities and Antecedent Strategies

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    This paper explores antecedent strategies that may decrease the impact of mood disorders and anxiety disorders within ASD individuals. I examine the ways emotion identification and emotional regulation prepare at-risk individuals for symptoms of mood disorders and anxiety disorders, and the importance of implementation in a classroom setting

    Pleading with Particularity: Decoding When Computer Fraud and Abuse Act Claims Must Comply with Rule 9(b)

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    The primary tool for litigating cybercrimes is the Computer Fraud and Abuse Act (CFAA), which Congress enacted in 1984 following increased computer misuse. Since its debut, the CFAA has undergone a series of amendments. The most noteworthy of which for civil litigators came in 1994 when Congress enacted a civil penalty for cybercrimes. Part of this penalty includes 18 U.S.C. § 1030(a)(4), which prohibits fraudulent conduct in connection with computer usage. In recent years, litigators have weaponized § 1030(a)(4) to challenge a variety of conduct, most of which has nothing to do with cybercrimes. These filings have split district courts across the country, as judges cannot agree if a heightened pleading standard applies to CFAA claims alleging “fraud.” For example, § 1030(a)(4) has become the second-most-used provision in civil CFAA cases, but most district courts have declined to apply Federal Rule of Civil Procedure 9(b) to § 1030(a)(4). This fact is alarming, as Rule 9(b) uniformly applies to allegations of fraud. In failing to properly apply Rule 9(b), district court judges have allowed cases to be erroneously filed and decided in federal courts, empowering savvy civil litigants to use § 1030(a)(4) solely as a hook for subject matter jurisdiction. To combat this phenomenon, this Comment surveys fifty-one cases and scrutinizes various district court approaches. After also considering analogous areas of law, doctrinal concerns, and principles of statutory interpretation, this Comment concludes that courts should adopt a hybrid approach, looking to the unique facts of each case when determining if Rule 9(b) applies to CFAA claims. While no appellate courts have addressed this issue, this Comment outlines how adopting the proposed hybrid approach is consistent with the “sounds in fraud” framework adopted by every circuit court in the country. Thus, to promote stare decisis, this Comment urges courts to adopt a hybrid approach when determining whether Rule 9(b) applies to § 1030(a)(4)

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    Nonprofit C-Suite Leadership

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    This study of non-profit organizations explored the perspectives of executive leadership in the C-suite. A qualitative, phenomenological design was utilized for the study. It applied four research questions focused on leadership styles, diversity, equity and inclusion, and organizational practices. It revealed perspectives into the effectiveness of leadership practices and the impact on the communities they serve. It highlights leadership characteristics that contribute to creating equitable organizations that strive to make a difference in the world

    The Power of Procedure: Uncovering the Gap in U.S. Privacy Rights

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    As Congress faces increasing pressure to adopt comprehensive privacy legislation, this Article seeks to contribute to the ongoing discussions by exploring critical procedural deficiencies in U.S. privacy laws and their implications for domestic privacy rights and international data flows. This Article makes several key contributions to the field. First, it uses a comparative law perspective to highlight the lack of robust procedural rights and remedies in U.S. privacy law. Second, while many have questioned whether the Court of Jus tice for the European Union will strike down the latest U.S.-EU Data Privacy Framework (the primary mechanism for allowing the transatlantic flow of personal data) over U.S. national security practices, we highlight another problem. This Article is the first to show why the agreement may fail due to insufficient procedural safeguards. Ultimately, we join others in calling for U.S. privacy laws to include a private cause of action with the ability to pursue class action lawsuits. However, this Article also offers an original set of remedies compromises, such as relying on unjust enrichment and introducing judicial safeguards to prevent disproportionate damages awards. These reforms aim to strike a balance and gain broad support among policymakers for new federal and state privacy legislation. If adopted, these reforms should enhance privacy rights in the U.S. while also helping to ensure the continued transatlantic flow of personal data

    Formulary Apportionment: A New Framework for Personal Income Taxation

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    Increased post-pandemic remote working arrangements and interstate migration have upended existing personal income taxation regimes. For decades, the current paradigm has proved to be an imperfect but workable means to determine which state has the prevailing claim to impose tax on a particular item of income. The individual’s state of residence has a residual claim to all the individual’s worldwide income but defers to the state in which the income is derived if such a state is determinable. To that end, the state of residence typically provides a credit for income taxes paid on a source basis to other states. Fundamentally, source trumps residence in the context of personal income taxation. The problem is that taxing jurisdictions can no longer readily determine the source of income or the individual’s state of residence within the existing legal constructs. Existing legal structures designed to tax employment income cannot cope with widespread remote working arrangements. The rise of the digital economy and independent contractor “gig work” allows individuals to shift the source of their income. At the same time, individuals are also shifting their state of residence from high-tax to low-tax states at historic rates. Increased interstate migration, particularly of high-net-worth individuals and profitable closely held businesses, has allowed income to migrate with individuals. The result is a genuine threat of multiple taxation for individuals and significant revenue losses for taxing jurisdictions. The stakes are enormous, as personal income tax regimes account for approximately one-quarter of all state and local tax revenues. A solution—formulary apportionment—is a concept with which states are very familiar. Although formulary apportionment has been the prevailing paradigm for multistate corporate income taxation for decades, state legislatures and the existing literature have largely and surprisingly failed to recognize its promise for multistate personal income taxation. This Article remedies that oversight

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