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Ensuring Rich Rigor Of Qualitative Methodologies In Behavior Analytic Research, Daria K. Lorio-Barsten, Selena J. Layden

Human Movement Studies & Special Education Faculty Publications

Quantitative methods remain the hallmark of research in applied behavior analysis. Yet, such methods frequently fail to capture the nuances of context where behavior analysis is practiced. Therefore, qualitative methods can provide complementary means to gain deeper insight into changes in socially significant behavior. We believe that researchers within the field of behavior analysis have much to gain from embracing qualitative methodologies. We propose that more researchers can and should consider conducting rigorous qualitative research to elevate the voices of the participants and relate the depth and complexities of their nuanced experiences. This article discusses Tracy’s “big tent” quality criteria …

Postpartum Psychosis On Trial: A Preview Of Commonwealth V. Clancy, Jolie Zangari

Scholarly Works

In the case of Commonwealth v. Clancy, the deaths of three young children are the focus of the upcoming criminal trial.  However, the identity of their killer will not be at issue.  The children, Cora, Dawson, and Callan Clancy, were killed by their mother, Lindsay Clancy, who then attempted suicide, but survived with severe permanent injuries. The critical issue to be litigated is—why?  Why did she kill them?  Most fundamentally at issue is whether Lindsay Clancy was suffering from symptoms of a mental disease so severe that she should be found not guilty by reason of insanity.

The Commonwealth of …

Race And Racism In Canada’S Immigration Detention System, Efrat Arbel, Prasanna Balasundaram, Hanna Gros, Nana Yanful

All Faculty Publications

Race and Racism in Canada's Immigration Detention System is the first comprehensive, independent study to examine race and racism in Canada's immigration detention system. Grounded in rigorous legal analysis and qualitative research, the study draws on interviews with 50 participants, including people with lived experience of immigration detention, as well as lawyers, paralegals, and service providers who work in immigration detention. The research was guided by an advisory board of people with lived-experience in immigration detention and co-led by a collaborative research team.

Model Law? Template Legal Culture And The Global Production Of Environmental Law, Natasha Affolder

All Faculty Publications

Lawyers build from templates. Accounts of how law is made rarely mention them. New legislation tends to present itself as original. It is almost never made from scratch. This article makes the hidden process visible. It does so through a study of the near-global spread of environmental impact assessment (EIA) legislation since 1969, using computer-assisted textual similarity analysis to trace what I expected to be identifiable model laws and clear lines of legal inheritance. The search yielded instead a transnational repertoire of legal fragments, repeatedly recombined into new legislative forms across different legal traditions, languages and decades. EIA's legislative spread …

Taking Scale Seriously In Technology Law, Mark P. Mckenna, Woodrow Hartzog

Faculty Scholarship

Issues of scale—the relationship between the amount of an activity and its associated costs and benefits—permeate discussions around law and technologies. Indeed, it’s not much of an exaggeration to say that scale is the reason for most technology regulation.

But it’s not always clear how lawmakers and judges conceptualize “scale” when approaching questions around automated technologies. Scale is often used intuitively, just to mean “more.” But scale is not always just about more—scale can introduce new harms and benefits along different dimensions, not simply costs or efficiencies of greater magnitude.

In this Article, we argue for a more sustained interrogation …

Social Science Contributions To The Global Action Plan On Antimicrobial Resistance Management, Mathieu Poirier, Jaskeerat Singh, Isaac Weldon, Clare I. R. Chandler, Daniela Corno, Laura Valtere, Pedro Henrique D Batista, Daniel Carelli, Geneviève Boily-Larouche, Sonia Lewycka, Fiona Emdin, Kathleen Liddell, Timo Minssen, Ilaria Natali, Susan Nayiga, Iruka N. Okeke, Emmanuel Olamijuwon, Kevin Outterson, Julianne Piper, Kayla Strong, Jarnail Singh Thakur, Kednapa Thavorn, Maarten Van Der Heijden, A. M. Viens, Mary Wiktorowicz, Steven J. Hoffman

Faculty Scholarship

Social science research on antimicrobial resistance has gained traction in the last decade, employing a diverse set of theoretical perspectives to better understand topics ranging from antimicrobial stewardship to political coordination.4 As the action plan commitments will be updated in 2026, an opportunity exists to employ a broader social science scope to accelerate national antimicrobial resistance interventions.

In January 2025, the Global strategy lab convened leading antimicrobial resistance social scientists from a variety of disciplines to determine which new ways of understanding antimicrobial resistance could catalyse and incentivize action. Three conceptions stood out as important to revisions of the action …

Spending Programs And The New Roberts Court, Nicole Huberfeld

Faculty Scholarship

The Supreme Court is poised to place new limits on Congress’s spending power at the urging of states vying for regulatory dominance, particularly in health care and public health. This article is the first to highlight and catalog the throughlines of argumentation, which sparked after states successfully challenged the ACA but have grown into opposing more than Medicaid’s cooperative federalism. This means federal and state programs that heavily rely on federal spending power are at risk, so studying this pattern is imperative. The article begins with a descriptive account of increasing spending power challenges, which make use of converging factors …

The Missing Constitutional Law Of Executive Conditions, Nicole Huberfeld, Matthew B. Lawrence

Faculty Scholarship

This Article contributes to development of the constitutional law of executive conditions. Courts are wrestling with the constitutionality of federal efforts to encourage what the federal government cannot mandate—speech on particular subjects, participation in cooperative federalism programs, and so on—but have failed to appreciate an important distinction. Binding statutory conditions articulated by Congress or an executive branch delegee (statutory conditions) and non-binding executive conditions articulated by executive branch actors engaged in regulation by deal (executive conditions) are different in constitutionally salient ways that can and should inform the development of workable doctrine. Yet courts, advocates, and scholars have only begun …

Five Lessons From Ken Kersch’S Conservatives And The Constitution For The Present Moment, James E. Fleming, Linda C. Mcclain

Faculty Scholarship

Timothy Snyder’s On Tyranny, a New York Times bestseller, has the subtitle, “Twenty Lessons from the Twentieth Century.” Ken Kersch’s Conservatives and the Constitution: Imagining Constitutional Restoration in the Heyday of American Liberalism (2019) provides at least twenty lessons from the second half of the Twentieth Century about the development of conservative constitutional thought and activism. Although conservatism has changed in many ways since the 1954-1980 period on which Kersch’s book focuses, these lessons are relevant for understanding the present political moment, filled with concerns that the U.S., during the second Trump Administration, is lurching toward tyranny, authoritarianism, and …

The Punishment Paradox, Steven Arrigg Koh

Faculty Scholarship

What does criminal punishment do? Across centuries of criminal legal thought, a shared answer persists: punishment incapacitates the wrongdoer. And yet punishment sometimes yields its opposite. Paradoxically, punishment sometimes becomes a rallying point-expanding community identification and solidarity around the defendant. This Article shows this punishment paradox using the 2023-24 prosecutions of President Trump and recent and historical case examples-from Luigi Mangione to Karen Read to Rosa Parks. By arguing that criminal law can generate solidarity rather than stigma, the Article both rethinks foundational theories of punishment and reconsiders the role of criminal law in democratic politics. Such an approach transcends …

Reproductive Wrongful Convictions: The Making Of "Unfit" Mothers, Valena Beety

Articles by Maurer Faculty

This Article draws a straight line from wrongful convictions of women in the past to criminal charges based on pregnancy and parenting behaviors today. Faulty forensic evidence and biased evidence based on sex-stereotypes have, in combination, been used to convict innocent women, particularly in situations where an accident or health event was misconstrued to be a criminal act. Seventy-four percent of known exonerated women were wrongly convicted where no crime occurred. Similarly, in criminalizing pregnancy behaviors, police, medical personnel, or prosecutors erroneously label a non-criminal event, such as a miscarriage or stillbirth, as criminal. Criminal charges are being brought against …

Gendered Words And Patent Grant Rates: A Textual Analysis, Deborah R. Gerhardt, Miriam Marcowitz-Bitton, W. Michael Schuster, Avshalom Elmalech, Omri Suissa, Moshe Mash

Faculty Publications

Text is a vehicle to convey information that reflects the writer’s linguistic style and communication patterns. By studying these attributes, we can discover latent insights about the author and their underlying message. This article uses such an approach to better understand patent applications and their inventors.

While prior research focuses on patent metadata (i.e., filing year or gendered inventor names), we employ machine learning and natural language processing to extract hidden information from the words in patent applications. Through these methods, we find that inventor gender can often be identified from textual attributes—even without knowing the inventor’s name. This ability …

Health Care Fraud And The End Of Chevron, Joan H. Krause

Faculty Publications

What do the Environmental Protection Agency’s “plantwide” definition of a “stationary” pollution source,” a National Marine Fisheries Service determination of who pays for fishing boat observers, and a Department of Health and Human Services rule governing the marketing of prescription drugs have in common? In short, a government agency’s interpretation of a federal statute. All three cases go to the heart of the administrative state: the ability of an agency, staffed by experts in the field, to interpret static statutory language to offer practical guidance to an ever-evolving industry.

The same is true of health care fraud, although it is …

Tradition Without Text?, Daniel B. Rice

Faculty Publications

This Essay critiques the Supreme Court’s emerging “history and tradition” methodology, as articulated in Dobbs v. Jackson Women’s Health Organization, arguing that its reliance on affirmative textual recognition in historical positive law fundamentally misrepresents the nature of American liberty traditions. By insisting that unenumerated rights are constitutionally cognizable only when earlier legal sources explicitly identified them as rights, the Court adopts a truncated evidentiary framework that privileges written enactments while disregarding lived experience, social practice, and the normative assumptions that shaped earlier understandings of permissible state power. The result, the Essay contends, is a mechanized and impoverished account of …

Choice Of Law In Terrorism Cases, John F. Coyle

Faculty Publications

When an Iranian-backed terrorist group operating out of Lebanon detonates a bomb in Israel that kills a U.S. citizen domiciled in Texas, what law governs civil claims brought against Iran in the District of Columbia? Some version of this choice-of-law question has been presented to U.S. courts many times over the past two decades. Their answers have been frustratingly inconsistent. In some cases, courts have applied the law of the place of the attack. In others, they have applied the law of the plaintiff’s domicile. In still others, they have applied the law of the forum where the plaintiff brings …

Small-World Simulations: A New Method To Test The Effect Of Legal Rules, Johannes Kruse

Coase-Sandor Institute for Law & Economics Research Paper Series

Small-world simulation exposes an artificial society to a legal rule and observes what its members do. The agents are driven by language models: their conduct is not stipulated in equations but reasoned in their own words. The architecture can be turned on any legal regime; personalized speed limits are the demonstration, chosen because rational-choice and behavioral predictions there conflict. Validated against documented driving patterns, the simulation generates behavior no one wrote into it. Because language models are trained on what people say rather than do, the method estimates orderings, not levels: a benchmark, not a substitute for evidence.

Crypto Exchanges In Market Regulation, Yesha Yadav

Vanderbilt Law Review

The cryptocurrency market has proven notoriously challenging to regulate despite a decade during which it has gained in economic size, sophistication, and cultural impact. Even as repeated crises have left ordinary savers wiped out, regulation has shown itself to be woefully absent as a means of mitigating risks ex ante or helping cover the cost of damage ex post. This Article looks to break this deadlock by proposing a tried-and-tested solution: It argues that regulators should task crypto exchanges with providing oversight as self-regulatory organizations of the crypto market in which they play an anchoring role. It offers three supporting …

Presidential Immunity: Before And After Trump, Thomas P. Schmidt

Vanderbilt Law Review

'All the officers of government," the Supreme Court said long ago, "from the highest to the lowest, are creatures of the law, and are bound to obey it." Despite that ringing and categorical language, however, the Court has held that the President-the "highest" and most powerful of all government officers-is "immune" from judicial oversight in several respects. Indeed, when the Court held last Term that former presidents are presumptively immune from criminal prosecution for officials acts, the dissenters warned: '`n every use of official power, the President is now a king above the law."

This Article unpacks the various presidential …

Safeguarding Public Pensioner Standing After Thole, Evelyn L. Stein

Vanderbilt Law Review

Today, public American pension funds hold over $6 trillion dedicated to rewarding the labor and stabilizing the retirements of millions of employees. These funds are facing increased scrutiny as activists draw more awareness to controversial investment strategies, resulting in litigation by plaintiffs arguing funds inappropriately prioritize goals other than financial returns. Structurally, many public funds operate with a defined benefit (DB) model, meaning fund beneficiaries are guaranteed specific payouts based on factors such as years of service and age at retirement. Because of this DB model, such litigation has been stymied by the U.S. Supreme Court's decision in Thole v. …

Reproductive Rights On Campus, Janet Levit

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Scaling Private Remedies To Public Problems: A Resilient Property Theory Analysis, Marc L. Roark

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Civil Rights Microviolations, Michael Kagan, Alissa Cooley Yonesawa

Scholarly Works

No abstract provided.

Legal Ethics Of Ai Snake Oil: Navigating The Hype, Harm, And Hope Of Legal Ai, Drew Simshaw

Scholarly Works

This paper argues that the legal ethics of AI extend far beyond competence and hallucinations. It shows how AI often functions as a mirror, exposing deeper ethical questions about institutional incentives, lawyer wellbeing, access to justice, and AI's broader social and environmental impacts.

Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

Scholarly Works

This Essay examines how developments in neuroscience (or brain science) affect our views of law, medicine, ethics, and religion. Part I shows how lack of clarity about brain death can lead to premature organ donation. Part II argues that health care too often provides inadequate brain care and incomplete rehabilitation. Part III explains why recovery may be possible for those braininjured patients who are told it is not. Part IV demonstrates how the fear of a brain-injured patient oddly affects my perspective on Tort and Criminal Law, which are being influenced by neuroscientific advances. Part V examines the new developments …

From Aid To Looting: Justice And Sovereignty Issues In The Ukraine–U.S. Mineral Deal, Petra Gümplova

Emancipations: A Journal of Critical Social Analysis

This essay identifies three central moral and political issues with the the Ukraine–U.S. Mineral Deal. First, by linking financial and military assistance to access to Ukraine’s natural resources, the deal entrenches a form of resource conditionality that is highly problematic from the moral standpoint of international justice and other ethical principles. Second, the absence of a commitment to a just peace—including the restoration of territorial integrity, reparations, and security guarantees—renders the conditions for secure, long-term investment in Ukraine’s extractive economy a distant prospect, while raising the risk that a substantial portion of Ukraine’s resource wealth unlawfully seized by Russia will …

Neofeudalism: The Messy Political Economy Of Transitioning To Something Worse, Jodi Dean

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Lawyering In The Wake Of Loper Bright: How Loper Bright Is Shifting Advocates' Argumentation Style, Russell Kiser

Georgia Law Review

The Supreme Court definitively overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. in the landmark decision of Loper Bright Enterprises v. Raimondo, marking the most consequential transformation of administrative law in four decades. Prior to Loper Bright, Chevron’s deferential two-step framework provided the standard by which courts interpreted statutes administered by federal agencies. Loper Bright abrogates Chevron’s familiar standard, holding that courts should no longer defer to an agency’s interpretation of its enabling statute whenever the statute is deemed ambiguous. This shift in precedent potentially opens the floodgates for challenges to agency action based …

Pet Shops And Preemption, Genevieve Schaaf

Georgia Law Review

In December 2019, the Georgia Office of the Attorney General released an Opinion stating that the City of Canton Code of Ordinances, Chapter 18, Article XIV restricting the sale of pets by retail pet shops was in direct conflict with the Georgia Animal Protection Act and therefore preempted under the Georgia Constitution’s Uniformity Clause.

This Note seeks reconsideration of the Attorney General’s Opinion and argues that despite the Attorney General’s Opinion, local ordinances restricting the kinds of animals available at pet shops should remain a legally viable way for local governments to reduce the retail sale of cats and dogs.

Green Bonds As A Green Investment To Prevent Greenwashing And Green Financial Crime In Indonesia, Cita Yustisia Serfiyani

Indonesia Law Review

Overcoming the climate crisis should not only be pursued from the aspect of technological invention but also from the financial aspect through issuing securities instruments that align with the green economy mission. Unfortunately, irresponsible parties such as corporations still use the green economy concept for personal gain through greenwashing and green financial crime. The presence of green bonds as green instruments shows a positive trend towards improving the quality of environmentally friendly technological innovations, building green infrastructure, and increasing income in line with increasing public participation in climate issues. However, its application in Indonesia is constrained by the complexity of …

Reconstruction Of Competition Law: Preventing Monopolization Through Data Exploitation In E-Commerce, Diana Fitriana

Indonesia Law Review

Tujuan penelitian ini adalah menganalisis nilai big data dan implikasinya terhadap monopoli usaha, mengkaji perbandingan hukum persaingan usaha dan mengkaji kelemahan hukum persaingan usaha Indonesia, serta menganalisis rekonstruksi hukum Undang-Undang Larangan Monopoli dan Persaingan Usaha Tidak Sehat di masa mendatang. Penelitian ini menggunakan penelitian yuridis normatif (doktrinal) dengan pendekatan perundang-undangan dan konseptual dengan teknik pengumpulan data melalui kajian pustaka, analisis isi, dan studi kasus. Data tersebut kemudian dianalisis secara kualitatif untuk menghasilkan informasi yang komprehensif dan menarik simpulan yang relevan. Big data memiliki kapasitas untuk memicu perilaku monopoli karena mencerminkan permintaan pasar konsumen. Namun, regulasi persaingan di Indonesia kurang dalam …