Digital Commons Network^™

Regulatory Diffusion, Jennifer Nou, Julian Nyarko

Articles

Regulatory diffusion occurs when an agency adopts a substantially similar rule to that of another agency. Indeed, regulatory texts proliferate just like other forms of law do. While this insight has been explored across countries, this dynamic also occurs closer to home: American administrative agencies regularly borrow language from one another. Our research shows that, in recent years, agencies reused one out of every ten paragraphs of the Code of Federal Regulations. These findings are timely given the Supreme Court’s call for judges to be less deferential to agency regulatory interpretation. There is thus newfound significance to understanding how legislative …

Checks, Not Balances, Joshua C. Macey, Brian M. Richardson

Articles

Critics of the administrative state who would revive the nondelegation doctrine and embrace the unitary theory of executive power often assume that each branch’s powers are capable of precise definition, functionally distinct from the others, and that the formal boundaries between each branch are sacrosanct. This Article situates these critiques in Founding Era and nineteenth century debates about the structure of the Constitution. In the 1780s, the AntiFederalists objected to the Constitution for failing to enumerate a precise taxonomy of each branch’s powers, for failing to specify that each branch’s powers were exclusive, and for failing to make government officials …

Kids Are Not So Different: The Path From Juvenile Exceptionalism To Prison Abolition, Emily Buss

Articles

Inspired by the Supreme Court’s embrace of developmental science in a series of Eighth Amendment cases, “kids are different” has become the rallying cry, leading to dramatic reforms in our response to juvenile crime designed to eliminate the incarceration of children and support their successful transition to adulthood. The success of these reforms represents a promising start, but the “kids are different” approach is built upon two flaws in the Court’s developmental analysis that constrain the reach of its decisions and hide the true implications of a developmental approach. Both the text of the Court’s opinions and the developmental and …

Procedural Losses And The Pyrrhic Victory Of Abolishing Qualified Immunity, Adam A. Davidson

Articles

Who decides? Failing to consider this simple question could turn attempts to abolish qualified immunity into a Pyrrhic victory. That is because removing qualified immunity does not change the answer to this question; the federal courts will always decide. For an outcome-neutral critic of qualified immunity who cares only about its doctrinal failures, this does not matter. But for the vast majority of critics who are outcome- sensitive, meaning they care about qualified immunity because of its role in police accountability, this is a troubling realization. Building on earlier work on the equilibration thesis, as well as on qualitative and …

Will Competition Reduce Attention Costs In Social Media?, Francesco Parisi

Articles

Unlike other monopolies, social media networks almost uniformly give access to their services for free to everybody. Economists refer to these markets as “zero-price markets.” The main, and often sole, source of revenue for the network owners comes from fees that are paid by advertisers. Network owners offer access to users in exchange for users’ attention to advertisements. Economists refer to these implicit market exchanges under the heading of “attention economy.” Regulatory solutions and antitrust remedies have been considered to foster cost reduction in the market economy. This paper investigates the conditions under which an increase in competition in the …

Fifty Years Of Patent Remedies Case Law: Two Steps Forward, One Step Back, Thomas F. Cotter

Articles

Over the past fifty years, courts have developed a body of case law on patent remedies that is, in many respects, solidly grounded in economic reasoning. Among the high points are the courts’ embrace, in various contexts, of the simple principle that patent damages should restore patent owners to the position they would have occupied, but for the infringement—and of an important corollary to that principle, namely the importance to damages calculations of the “noninfringing alternatives” concept. By contrast, certain other developments—including the confusing standards for determining when it is appropriate to use the “entire market value” of a product …

The Many Faces Of Modern Legal Realism, Brian Bix

Articles

This work offers an overview of the consequences and implications of the work of the American Legal Realists. First, the article considers Brian Leiter’s naturalist understanding of the realist project and how he uses it as an occasion to argue for a generally naturalist approach to legal philosophy. Second, Frederick Schauer transforms a legal realist-like focus on the concerns of average citizens for legal enforcement to advocate for the view that coercion is central to understanding law. Third, self-styled New Legal Realists try to merge a realist-inspired search for the effects of legal rules with a more traditional respect for …

Chatgpt Goes To Law School, Jonathan Choi, Kristin E. Hickman, Amy B. Monahan, Daniel Benjamin Schwarcz

Articles

How well can AI models write law school exams without human assistance? To find out, we used the widely publicized AI model ChatGPT to generate answers to the final exams for four classes at the University of Minnesota Law School. We then blindly graded these exams as part of our regular grading processes for each class. Over ninety-five multiple-choice questions and twelve essay questions, ChatGPT performed on average at the level of a C+ student, achieving a low but passing grade in all four courses. After detailing these results, we discuss their implications for legal education and lawyering. We also …

The Banality Of Evil (?): The Strange(Ly Quiet) Careers Of Korematsu And Hirabayashi In The Federal Circuit Courts, 1943‐2016, Scott Dewey

Articles

Korematsu v. United States (1944) and Hirabayashi v. United States (1943), the most famous Supreme Court cases associated with the tragic internment of Japanese Americans during World War II, now “live in infamy”, along with the likes of Plessy v. Ferguson and Scott v. Sandford, among the worst constitutional law train-wrecks of American legal history. Ironically, American courts and judges also used the two towering internment cases for their resounding language supporting racial equality and non-discrimination. In either guise, the cases came to cast a long shadow over America’s legal landscape. Thus, it may be somewhat surprising to discover that …

"You're Fired": Criminal Use Of Presidential Removal Power, Richard Painter

Articles

If Donald Trump wins the 2024 election, his first order of business would be to use his power as president to halt the criminal investigations against him. In the case of federal indictments, he would likely begin by removing the special counsel, and then proceeding to remove anyone else who had control over the investigations or prosecutions. Such removal would likely constitute the crime of obstruction of justice. May a President do this? This Article addresses a narrow but critically important aspect of presidential authority: the intersection between the President’s power to remove executive branch officers and criminal laws that …

Garbage In, Garbage Out: Improved Citators Through Improved Citations, Andrew J. Martineau

Articles

This article shows the continued need for the adoption of a universal, medium- and vendor-neutral citation format by examining how negative case treatment can be discerned algorithmically from Bluebook signals. Although traditional citations to case reporters are treated as machine-readable identifiers by contemporary research databases, the shortcomings of this format result in unnecessary errors and lag time in citators that discern negative treatment information from Bluebook-formatted citations alone. By adopting a universal citation format, as well as a small set of citation "best practices, " we would see significant improvements in these kinds of purely algorithmic citators. The greater the …

Biting The Bullet: A Bipartisan Solution To Increase Debtors' Access To Chapter 7 Relief While Exempting Firearms In A Bankruptcy Case, Ishaq Kundawala

Articles

Imagine an individual who is too broke to file for bankruptcy relief.' This irony is far too often a reality in America, especially for people living in underserved communities. Debtors are simply unable to skimp and save up even a thousand dollars to pay their bankruptcy attorney. Paying their bankruptcy attorney upfront in full is the only ticket to seeking Chapter 7 bankruptcy relief. For a variety of reasons, Chapter 7 bankruptcy relief is the most advantageous type for a majority of poor and middle-class individuals and families.4 It provides these individuals and families with an expedient, fresh financial start …

Bostock: An Inevitable Guarantee Of Heightened Scrutiny For Sexual Orientation And Transgender Classifications, Kaleb Byars

Articles

n June 2020, the Supreme Court decided Bostock v. Clayton County. In Bostock, the Court held that discrimination on the basis of sexual orientation and transgender status per se constitutes discrimination "because of sex" for purposes of Title VIL But Bostock inspires the question of whether its holding and reasoning apply in other contexts, including the Equal Protection Clause context. While the Supreme Court has held intermediate scrutiny applies to sex classifications analyzed under the Equal Protection Clause, the Court has yet to elucidate the level of scrutiny that applies to LGBTQ classifications. Meanwhile, state and federal courts …

Assessing Sex-Specific Circadian, Metabolic, And Cognitive Phenotypes In The Aβpp/Ps1 And Appnl-F/Nl-F Models Of Alzheimer's Disease., Jesse Britz, Emmanuel Ojo, Asmita Dhukhwa, Takashi Saito, Takaomi C Saido, Erin R Hascup, Kevin N Hascup, Shelley A Tischkau

Articles

BACKGROUND: Circadian disruption has long been recognized as a symptom of Alzheimer's disease (AD); however, emerging data suggests that circadian dysfunction occurs early on in disease development, potentially preceding any noticeable cognitive deficits.

OBJECTIVE: This study compares the onset of AD in male and female wild type (C57BL6/J), transgenic (AβPP/PS1), and knock-in (APPNL-F/NL-F) AD mouse models from the period of plaque initiation (6 months) through 12 months.

METHODS: Rhythmic daily activity patterns, glucose sensitivity, cognitive function (Morris water maze, MWM), and AD pathology (plaques formation) were assessed. A comparison was made across sexes.

RESULTS: Sex-dependent hyperactivity in AβPP/PS1 mice was …

Assessing Sex-Specific Circadian, Metabolic, And Cognitive Phenotypes In The Aβpp/Ps1 And Appnl-F/Nl-F Models Of Alzheimer's Disease., Jesse Britz, Emmanuel Ojo, Asmita Dhukhwa, Takashi Saito, Takaomi C Saido, Erin R Hascup, Kevin N Hascup, Shelley A Tischkau

Articles

BACKGROUND: Circadian disruption has long been recognized as a symptom of Alzheimer's disease (AD); however, emerging data suggests that circadian dysfunction occurs early on in disease development, potentially preceding any noticeable cognitive deficits.

OBJECTIVE: This study compares the onset of AD in male and female wild type (C57BL6/J), transgenic (AβPP/PS1), and knock-in (APPNL-F/NL-F) AD mouse models from the period of plaque initiation (6 months) through 12 months.

METHODS: Rhythmic daily activity patterns, glucose sensitivity, cognitive function (Morris water maze, MWM), and AD pathology (plaques formation) were assessed. A comparison was made across sexes.

RESULTS: Sex-dependent hyperactivity in AβPP/PS1 mice was …

Raman Spectroscopy Of Carotenoid Compounds For Clinical Applications—A Review, Joy Udensi, James Loughman, Ekaterina Loskutova, Hugh Byrne

Articles

Carotenoid compounds are ubiquitous in nature, providing the characteristic colouring of many algae, bacteria, fruits and vegetables. They are a critical component of the human diet and play a key role in human nutrition, health and disease. Therefore, the clinical importance of qualitative and quantitative carotene content analysis is increasingly recognised. In this review, the structural and optical properties of carotenoid compounds are reviewed, differentiating between those of carotenes and xanthophylls. The strong non-resonant and resonant Raman spectroscopic signatures of carotenoids are described, and advances in the use of Raman spectroscopy to identify carotenoids in biological environments are reviewed. Focus …

An Image Processing Based Classifier To Support Safe Dropping For Delivery-By-Drone, Assem A. Abdelhak, Alan Hicks, Dan Moss, Susan Mckeever

Articles

Autonomous delivery-by-drone of packages is an active area of research and commercial development. However, the assessment of safe dropping/ delivery zones has received limited attention. Ensuring that the dropping zone is a safe area for dropping, and continues to stay safe during the dropping process is key to safe delivery. This paper proposes a simple and fast classifier to assess the safety of a designated dropping zone before and during the dropping operation, using a single onboard camera. This classifier is, as far as we can tell, the first to address the problem of safety assessment at the point of …

Neuromatch Academy: A 3-Week, Online Summer School In Computational Neuroscience, Bernard Marius 'T Hart, Titipat Achakulvisut, Ayoade Adeyemi, Athena Akrami, Bradly Alicea, Alicia Alonso-Andres, Diego Alzate-Correa, Arash Ash, Jesus J. Ballesteros, Aishwarya Balwani, Eleanor Batty, Ulrik Beierholm, Ari S. Benjamin, Upinder Bhalla, Gunnar Blohm, Joachim C. H. Blohm, Kathryn Bonnen, Marco Brigham, Bingni W. Brunton, John Butler, Brandon Caie, N Alex Cayco Gajic, Sharbatanu Chatterjee, Spyridon Chavlis, Ruidong Chen, You Cheng, H. M. Chow, Raymond Chua, Yunwei Dai, Isaac David, Eric E. J. Dewitt, Julien Denis, Alish Dipani, Arianna Dorschel, Jan Drugowitsch, Kshitij Dwivedi, Sean Escola, Haoxue Fan, Roozbeh Farhoodi, Yicheng Fei, Pierre-Étienne Fiquet, Lorenzo Fontolan, Jeremy Forest, Yuki Fujishima, Byron V. Galbraith, Mario Galdamez, Richard Gao, Julijana Gjorgjieva, Alexander Gonzalez, Qinglong Gu, Yueqi Guo, Ziyi Guo, Pankaj K. Gupta, Busra Tugce Gurbuz, Caroline Haimerl, Jordan B. Harrod, Alexandre Hyafil, Martin Irani, Daniel Jacobson, Michelle Johnson, Ilenna Simone Jones, Gili Karni, Robert E. Kass, Hyosub Edward Kim, Andreas M. Kist, Randal Koene, Konrad Kording, Matthew R. Krause, Arvind Kumar, Norma K. Kühn, Ray Lc, Matthew L. Laporte, Junseok Lee, Songting Li, Sikun Lin, Yang Lin, Shuze Liu, Tony Liu, Jesse A. Livezey, Linlin Lu, Jakob H. Macke, Kelly Mahaffy, A. Lucas Martins, Nicolás Martorell, Manolo Martínez, Marcelo G. Mattar, Jorge Aurelio Menendez, Kenneth D. Miller, Patrick J. Mineault, Nosratullah Mohammadi, Yalda Mohsenzadeh, Elenor Morgenroth, Taha Morshedzadeh, Alice Claudia Mosberger, Madhuvanthi Muliya, Marieke Mur, John D. Murray, Yashas Nd, Richard Naud, Prakriti Nayak, Anushka Oak, Itzel Olivos Castillo, Seyedmehdi Orouji, Jorge Otero-Millan, Marius Pachitariu, Biraj Pandey, Renato Paredes, Jesse Parent, Il Memming Park, Megan A. K. Peters, Xaq Pitkow, Panayiota Poirazi, Haroon Popal, Sandhya Prabhakaran, Tian Qiu, Srinidhi Ragunathan, Raul Rodriguez-Cruces, David Rolnick, Ashish Kumar Sahoo, Saeed Salehinajafabadi, Cristina Savin, Shreya Saxena, Paul Schrater, Karen Schroeder, Alice C. Schwarze, Madineh Sedigh-Sarvestani, K. Yuvaraj Sekhar, Reza Shadmehr, Maryam M. Shanechi, Siddhant Sharma, Eric Shea-Brown, Krishna V. Shenoy, Carolina L. Shimabukuro, Sergey Shuvaev, Man Ching Alison Sin, Maurice Smith, Nicholas A. Steinmetz, Karolina Stosio, Elizabeth Straley, Gabrielle Strandquist, Carsen Stringer, Rimjhim Tomar, Ngoc Tran, Sofia Triantafillou, Lawrence Udeigwe, Davide Valeriani, Vincent Valton, Maryam Vaziri-Pashkam, Peter Vincent, Gal Vishne, Pascal Wallisch, Peiyuan Wang, Claire Ward, Michael Waskom, Kunlin Wei, Anqi Wu, Zhengwei Wu, Brad Wyble, Lei Zhang, Daniel Zysman, Federico D’Oleire Uquillas, Tara Van Viegen

Articles

No abstract provided.

Gait Characteristics And Cognitive Function In Middle-Aged Adults With And Without Type 2 Diabetes Mellitus: Data From Enbind, Pieter M.R. Herings, Adam H. Dyer, Sean P. Kennelly, Sean Reid, Isabelle Killane, Louise Mckenna, Nollaig M. Bourke, Conor P. Woods, Desmond O'Neill, James Gibney, Richard B. Reilly

Articles

Type 2 Diabetes Mellitus (T2DM) in midlife is associated with a greater risk of dementia in later life. Both gait speed and spatiotemporal gait characteristics have been associated with later cognitive decline in community-dwelling older adults. Thus, the assessment of gait characteristics in uncomplicated midlife T2DM may be important in selecting-out those with T2DM at greatest risk of later cognitive decline. We assessed the relationship between Inertial Motion Unit (IMUs)- derived gait characteristics and cognitive function assessed via Montreal Cognitive Assessment (MOCA)/detailed neuropsychological assessment battery (CANTAB) in middle-aged adults with and without uncomplicated T2DM using both multivariate linear regression and …

Trade's Mini-Deals, Kathleen Claussen

Articles

The modern consensus is that U.S. trade law is made through statute and through large congressional-executive agreements, both of which maintain Congress' constitutional primacy over the regulation of foreign commerce. Contrary to this understanding, however, short, targeted agreements negotiated by the U.S. executive with foreign trading partners - recently referred to as "mini-deals" - have become a fixture of the trade law landscape over the last three decades in staggering number. More than 1,200 such agreements govern the movement of goods and services in and out of the United States from and to 130 countries. Such deals are not only …

Localizing Human Rights In Cities, Tamar Ezer

Articles

No abstract provided.

Don't Let The Digital Tail Wag The Transformation Dog: A Digital Transformation Roadmap For Corporate Counsel, Michele M. Destefano, Tellmann P. Bjarne, Daniel Wu

Articles

Due in part to the COVID-19 pandemic, enhancements in technology, as well as shifts in the macroeconomic and socioeconomic dynamics of globalization, Digital Transformation (DT) has become an enterprise-wide imperative for most multinational companies (MNCs). As a result, legal departments are being challenged to embrace enterprise DT and start their own departmental DT journeys. Despite these trends, there is little scholarship and research about how MNC legal departments are addressing the DT challenge. How are General Counsel (GCs) currently approaching DT? Is what they are doing effective and value-accretive? And importantly, how should GCs approach DT to best generate value? …

Psychological Resilience And Cognitive Function Among Older Military Veterans., Justin T Mcdaniel, Erin R Hascup, Kevin N Hascup, Mehul Trivedi, Harvey Henson, Robert Rados, Mary York, David L Albright, Taryn Weatherly, Kaitlyn Frick

Articles

The purpose of this study was to explore the association between psychological resilience and cognitive function in military veterans. We obtained public-use data from the Health and Retirement Study (HRS) for this cross-sectional study of military veterans aged 52 to 101 years (n = 150). We estimated a multivariable linear regression model in which cognitive function served as the dependent variable and psychological resilience served as the independent variable. After controlling for demographics, health conditions, and health behaviors, veterans who had higher psychological resilience scores had better cognitive function (b = 0.22, p = 0.03). Our findings suggest that psychological …

Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi

Articles

No abstract provided.

The Lost Cause Of Free Speech, Mary Anne Franks

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No abstract provided.

Murder And Money: The Dark Side Of Taylor Swift, Fredrick Vars

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No abstract provided.

The Orkney Slew And Central Bank Digital Currencies, Jeffery Y. Zhang, Gary B. Gordon

Articles

This Article on central bank digital currencies is motivated by a parable, The Orkney Slew, which is set in an archipelago. Based on the parable, we point out a significant economic market failure that exists in the cross-border payments realm. The analysis then focuses on real-world examples and the national security concerns, including for Anti-Money Laundering/Combatting the Financing of Terrorism (AML/CFT) and the continued efficacy of U.S. sanctions, associated with the rapidly evolving digital payments landscape.

Many central banks around the world are now cooperatively experimenting with cross-border interoperability of digital currencies. These efforts are driven by the idea of …

Corporate Taxes And Union Wages In The United States, Alison R. Felix, James R. Hines Jr.

Articles

This paper evaluates the effect of U.S. state corporate income taxes on union wage premiums. American workers who belong to unions are paid more than their non-union counterparts, and this difference is greater in low-tax locations, possibly reflecting that unions and employers share tax savings associated with low tax rates. In 2000 the difference between average union and non-union hourly wages was $1.88 greater in states with corporate tax rates below four percent than in states with tax rates of nine percent and above. Controlling for observable worker characteristics, a one percent lower state tax rate was associated with a …

Feedback Loops: Keep/Cut, Patrick Barry

Articles

In the first of installment of this new column on feedback in the September Illinois Bar Journal, we began to address the pernicious problem of vague feedback—that unhelpful, empty-calories form of (non) guidance that deprives people of learning what they’re currently doing well and what they need to ix. Without concrete, explicit guidance, it can be really tough to grow and improve.

The Impact Of The Covid-19 Pandemic On First-Generation Women Test-Takers: Magnifying Adversities, Stress, And Consequences For Bar Exam Performance., Freiburger Erin, Victor D. Quintanilla, Kurt Hugenberg, Sam Erman, Nedim Yel, Anita Kim, Mary C. Murphy

Articles

By magnifying gender- and socioeconomic status-based inequalities, the COVID-19 pandemic caused stress and disrupted career progress for professional students. The present work investigated the impact of pandemic-related stress and prevailing barriers on structurally disadvantaged women preparing for a high-stakes professional exam. In Study 1, we found that among US law students preparing for the October 2020 California Bar Exam—the professional exam that enables one to become a practicing attorney in California—first-generation women reported the greatest stress from pandemic-related burdens and underperformed on the exam relative to others overall, and particularly compared to continuing-generation women. This underperformance was explained by pandemic-related …