Digital Commons Network^™

"Because The President Said So:" Agency Reason Giving And Presidential Statements Of Will, Nina A. Mendelson

Articles

Reason giving has long been understood to legitimate administrative agency actions by assuring legal, nonarbitrary, stable, and well-considered decisions. It is core to the Administrative Procedure Act's process and judicial review provisions. But the obligation to give reasons is receiving a challenge from the political accountability side, as executive orders skyrocket and the Supreme Court moves towards unitary executive theory in decisions such as Trump v. Slaughter and Seila Law v. CFPB. In striking down independent agencies under Article II, the Court has emphasized that political accountability of agencies to the President is critical. Both the President and executive agencies …

Preemption Of State Fraudulent Transfer Law By The Bankruptcy Code, David G. Carlson

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The article argues that state law tort claims based on fraudulent transfers are preempted by the Bankruptcy Code. It contends that allowing such tort claims to persist interferes with a bankruptcy trustee's ability to achieve universal settlements and recover assets, as the trustee cannot guarantee immunity from third-party tort liabilities.

Can Laws Be Flexible? Rethinking Legislation For Innovation, Nicholson W. Price Ii, Nick K. Schneider, Ariel Dora Stem, Jochen K. Lennerz

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Agile legislation adapts principles from agile software development to lawmaking, emphasizing iteration, multi-stakeholder feedback, and embedded revision. We outline this learning-oriented governance model using three case studies: Germany’s stepwise digital health legislation, the EU AI Act, and U.S. FDA user-fee reauthorization. These examples highlight legislative designs that enable structured generation of real-world data and evidence during implementation, informing regulatory interpretation and iterative refinement in rapidly evolving technological domains.

D-Methionine Improves Spatial Navigation And Attenuates Oxidative Stress And Amyloid Pathology In A Sex-Specific Manner., Mackenzie R Peck, Jenelle E Chapman, Tiarra Hill, Kathleen Quinn, Erol D Ikiz, Angel Lopez, Erin R Hascup, Chilman Bae, Kevin N Hascup

Articles

Background

Oxidative stress and maladaptive neuroimmune activation contribute to cognitive decline in Alzheimer's disease (AD) and represent therapeutic targets beyond amyloid-centered approaches.

Objective

To determine whether oral D-methionine (D-Met), a redox-active amino acid, reduces amyloid pathology and lipid peroxidation and confers disease-modifying benefits in AD models.

Methods

Male and female APP/PS1 and APP^NL−Fmice with advanced AD pathology received oral D-Met or vehicle. Behavioral assessments included locomotor activity and hippocampal-dependent spatial learning and memory. Amyloid burden, lipid peroxidation, peripheral metabolic, and inflammatory markers, and hippocampal microglial phenotypes were evaluated.

Results

D-Met did not alter locomotor or exploratory behavior but …

Emotional Intelligence And Teamwork In A Ship’S Bridge : A Proposed Training Framework For Upskilling, Sofia Kallou, Nikitas Nikitakos, Dimitrios A. Papachristos, Dimitrios Dalaklis, Momoko Kitada

Articles

The notion that computers equipped with software and artificial intelligence (AI) applications can effectively replace human intelligence is under the existing paradigm of operations. This is the leading facilitator of task automation on board a ship to fulfill various jobs and is often supported by numerous scientists/academics who contribute to gaining today’s momentum in public opinion. The discourse of Industry 4.0 in the maritime domain, however, tends to focus heavily on technological contexts and overlooks socio-economic contexts. This gap is evident in the strong emphasis on technical and digital skills for future maritime professionals. This paper, therefore, argues that the …

Ai, Medicine, And Social Determinants Of Health Data, Ryan Doyloo, Nicholson Price

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This article examines how medical AI systems are incorporating SDoH data and the governance challenges that follow. The authors show that while SDoH integration can enhance clinical workflows and predictive accuracy — potentially improving outcomes for underserved populations — it also introduces acute risks of proxy discrimination, where facially neutral variables replicate protected characteristics. Surveying U.S., EU, and international frameworks, the authors argue that existing regimes lack clear ex ante guidance to distinguish beneficial from harmful uses of SDoH data. In response, they advance post-market monitoring as a pragmatic and scalable pathway: generating real-world, SDoH-stratified evidence that can support enforcement, …

Feedback Loops: What Am I Missing?, Patrick Barry

Articles

In May, 2024, The Wall Street Journal published an article titled “For Conversations You Dread, Try a Chatbot.” Here are the opening lines: Many people worry about the outsize role that AI may eventually play in our lives. But what if employing an AI program could actually help us with issues that cause fear and anxiety? We’ve found that it can be a surprisingly effective tool for figuring out how to approach emotionally charged conversations.

Technology Before, During, And After Incarceration: Current Product Landscape, Sociotechnical Concerns, And Legal Considerations In The U.S. Context, Yael Eiger, Taylor Hansen, Teanna Barrett, Jevan Hutson, Bryce Clayton Newell, Franziska Roesner

Articles

Emerging technology, including AI, is proliferating throughout the U.S. carceral system. These technologies are marketed to prisons and police departments and then procured using taxpayer money. Previous investigative reporting has exposed troubling kickback schemes, unconstitutional data collection practices, and biased algorithmic outcomes in a handful of prominent technologies (e.g., Flock, Palantir, Clearview AI, COMPAS). In this work, we consider the broader ecosystem of carceral technologies: we catalog 122 products from 53 companies selling technology to carceral institutions. In a collaboration among computer science, law, and surveillance studies scholars, we surface sociotechnical, ethical, and legal concerns related to the use and …

Agency Fact-Making, Haiyun Damon-Feng

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Modern administrative-law scholarship, theory, and doctrine generally conceptualize agencies as engaging in three primary functions: rulemaking, enforcement, and adjudication. This understanding of agencies has informed deep debates surrounding the power, independence, and constitutional legitimacy of the administrative state. But the prevailing account is incomplete. It overlooks a fourth core function of the administrative state: its fact-making, or epistemic, function. Across the administrative state, agencies create and disseminate information in ways that are uniquely comprehensive and uniquely powerful. Agencies’ epistemic outputs include the census generated by the Census Bureau, repositories of public-health information maintained by the Centers for Disease Control and …

Vaccines, Religious Liberty, And The Gvr As Doctrinal Signal, Zalman Rothschild

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This Essay proceeds in four Parts. Part I traces the doctrinal baseline, showing that vaccines have long functioned as the limit case for religious liberty. Part II briefly describes the doctrinal changes of the COVID-19 era — the Supreme Court’s expansion of religious equality doctrine, and its emergency-docket denials that left vaccine mandates formally unresolved — before explaining why the GVR in Miller signals a different move: the extension of the religious liberty framework to vaccine mandates, bypassing the comparability analysis that had allowed most courts to sustain them under the equality model. Part III turns to Miller itself and …

How Licensing Compromised The Library, Aaron Perzanowski

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Libraries are under attack on multiple fronts. Fueled by right-wing talking points, social-media misinformation, and conspiratorial fantasy, efforts to remove or restrict access to books in public and school libraries have exploded across the United States. At the same time, libraries have confronted a disturbing rise in threats of violence and harassment directed at staff and patrons. State and federal actors have targeted library budgets. And on occasion, local residents have voted to defund their own libraries.

But it gets worse. Libraries face new challenges to their basic operations. Materials are harder than ever to acquire, and many in-demand digital …

A Common Pool Of Privacy Problems: Legal And Technical Lessons From A Large-Scale Web-Scraped Machine Learning Dataset, Rachel Hong, Jevan Hutson, William Agnew, Imaad Huda, Tadayoshi Kohno, Jamie Morgenstern

Articles

We investigate the contents of web-scraped data for training AI systems, at sizes where human dataset curators and compilers no longer manually annotate every sample. Building off of prior privacy concerns in machine learning models, we ask: What are the legal privacy implications of web-scraped machine learning datasets? In an empirical study of a popular training dataset, we find significant presence of personally identifiable information despite sanitization efforts. Our audit provides concrete evidence to support the concern that any large-scale web-scraped dataset may contain personal data. We use these findings of a real-world dataset to inform our legal analysis with …

Racing To Safety: Tax Policy For Ai Safety-By-Design, Mirit Eyal, Yonathan Arbel

Articles

The White House recently announced its vision of artificial intelligence (AI) policy: AI development is a race and America must win it. To that end, a new America's AI Action Plan directs federal agencies and states to remove regulatory barriers to AI development and accelerate innovation. This approach leaves limited room for regulatory measures that would address the safety risks of powerful AI systems: their behavior in novel domains remains unpredictable, their decision-making opaqueness, and their alignment with human values is uncertain. While experts warn of large-scale accidents, policymakers find themselves in a bind: Regulate AI and cede ground to …

Teaching A Social Justice Approach To Leadership In Law Schools, Tamar Ezer

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Leadership is critical for social justice. Our law students have the potential to serve as future social justice leaders, building strong organizations and movements to carry out this work. Drawing on both leadership theory and practical examples from clinical legal education, this piece argues for a broad definition of leadership, embracing diversity and encompassing the counter-cultural values of listening and humility. It further proposes a three-dimensional model of social justice leadership, engaging the mind, heart, and spirit, and suggests teaching practices to strengthen each component. The first dimension focuses on cognitive competencies, including substantive mastery of an area of law …

Is Tax “Law”?, Luís C. Calderón Gómez

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Although taxation remains a hotly contested issue in debates by both politicians and political theorists—over the optimal size of government, distributive (and sometimes corrective) justice, or even the legitimacy of current private property arrangements—taxation has been largely ignored by legal theorists, to the detriment of both tax law and legal theory.  This Article argues that tax law, driven by its battle against tax evasion, is in deep conflict with widely accepted conceptions of “legality”—that is, the qualities that make a rule distinctively and normatively “law.”  This matters because legality is a key buttress in jurisprudential and political theory accounts that …

How Ip Ends, Dave Fagundes, Aaron Perzanowski

Articles

Real and personal property may last forever, but intellectual property (IP) ends. Despite the doctrinal complexity and practical significance of the mechanisms that terminate IP rights, scholarship has scarcely focused on them, and none has analyzed these doctrines as a unified field. As a result, the discourse about the ways IP ends remains impoverished, with courts, legislatures, and commentators offering imprecise and inconsistent formulations that obscure the rationales for these doctrines. This Article offers the first comprehensive taxonomy of IP’s terminal mechanisms, providing much-needed conceptual and definitional coherence. It then reveals the underappreciated policy leverage these mechanisms can deliver and …

Brokering Safety, Chinmayi Sharma, Thomas E. Kadri, Sam Adler

Articles

For victims of abuse, safety means hiding. Not just hiding themselves, but also their contact details, their address, their workplace, their roommates, and any other information that could enable their abuser to target them. Yet today, no number of name changes and relocations can prevent data brokers from sharing a victim's personal information online. Thanks to brokers, abusers can find what they need with a single search, a few clicks, and a few dollars. For many victims, then, the best hope for safety lies in obscurity-that is, making themselves and their information harder to find.

This Article exposes privacy law's …

Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson

Articles

Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.

This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …

A Legal Transplant Failure In The Ai Age, Xuan-Thao Nguyen

Articles

Thailand positions itself as the new AI-driven innovation hub in the Southeast Asia region as Big Tech companies invest billions in building new data centers to power the AI transformations in all sectors in Thailand. An integral part of Thailand’s new ambition is the legal transplant of personal data protection law from Europe. The transplant, however, is of form, not substance, as this Article illustrates the failure through in-depth analysis of Thailand’s Personal Data Protection Act and provides evidence of rampant violations and noncompliance by the largest ecommerce conglomerate and SMEs. This Article offers suggestions for Thailand to realign its …

The Shame Of Mass Torts, Anthony J. Sebok

Articles

No abstract provided.

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client’s risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Virtual Humans In Virtual Reality: A Scoping Review On Sociability, Fidelity, And Expression, J K Sangeeth Chandran, Marisa Llorens Salvador, Cathy Ennis

Articles

Introduction:

Virtual reality (VR) systems have evolved significantly over the past decade, enabling immersive experiences with enhanced realism and interactivity. This has motivated an interest in socially oriented applications. As user proxies, Virtual Humans (VHs) play essential roles in such applications. However, despite technological advancements, achieving realistic, expressive, and socially responsive VHs continues to present design and implementation challenges. In this scoping review, we present the state-of-the-art of VR VHs, examining the impact of VHs on the user experience.

Methodology:

We reviewed 59 papers retrieved from five databases across three core themes: the implementation and impact of VH facial expressions, …

Factors For Patient Trust And Acceptance Of Medical Artificial Intelligence, Ana Bracic, Kayte Spector-Bagdady, Sophie Towle, Rina Zhang, Cornelius A. James, Nicholson W. Price Ii

Articles

Artificial intelligence (AI) is increasingly used in clinical care, but widespread adoption requires patient trust. Trust may be enhanced through systemic governance mechanisms or frontline clinicians providing a human in the loop for AI oversight. However, it is unclear how different approaches specifically influence patient trust in the use of medical AI. The objective is to determine the extent to which patient trust in and choice of medical scenarios involving AI are associated with governance mechanisms, clinician presence, performance, and data quality.

Surgical Removal Of Visceral Adipose Tissue Has Therapeutic Benefit In Male Appnl-F Mice, Samuel A. Mcfadden, Yimin Fang, Kathleen Quinn, Mackenzie R. Peck, Jenelle E. Chapman, Tiarra Hill, Andrzej Bartke, Erin R. Hascup, Kevin Hascup

Articles

Purpose:  Visceral white adipose tissue (vWAT) accumulation causes systemic inflammation, insulin resistance, metabolic syndrome, and senescent cell accumulation that are risk factors for Alzheimer’s disease (AD). Visceral fat removal (VFR) improves metabolism and reduces pro-inflammatory cytokines.  We hypothesized that VFR removal in AD mice would improve metabolism and cognition.

Methods:  Male and female APP^NL-F mice underwent sham or vWAT surgical resection (periovarian or epididymal and perirenal) at 4 (pre-symptomatic) and 16 (symptomatic) months of age to understand interventional and therapeutic effects, respectively.  At 18 months of age, glucose metabolism and novel object recognition (NOR) memory were assayed followed by …

Resurrecting Immigration Releases, Lindsay Nash

Articles

The nation’s “mandatory” immigration-detention laws sustain its largest civil-imprisonment system—and just radically expanded in scope and breadth. These laws consign broad swaths of suspected noncitizens to no-bail pretrial detention, denying tens of thousands of people facing civil regulatory charges any chance to prove they need not be detained. These laws turn split-second arrest decisions into jail sentences. They force people to give up meritorious claims. And they confound the historic presumptions—liberty, innocence, prosecutorial discretion, and bail—that undergird other pretrial-detention regimes.

Although mandatory immigration detention conflicts with fundamental constraints on analogous detention regimes, the Supreme Court has treated it as exceptional …

Sidewalk Living, Michael C. Pollack

Articles

In City of Grants Pass v. Johnson, the Supreme Court held that the Eighth Amendment does not prohibit a city from enforcing a criminal ban on encampments on public property such as parks and sidewalks. But even if municipalities are now permitted to use tactics such as policing, encampment clearing, arrests, and imprisonment, these are not the right ways to address the problems of public homelessness.

Instead, homelessness must be understood as one of many conflicts over limited public space. At its best, vibrant sidewalk life enhances communities and local economies. But at its worst, every use of these finite …

Feedback Loops: Half-Life Your Message, Patrick Barry

Articles

I sometimes get asked to design training workshops to help organizations ensure their employees receive the consistent, high-quality feedback needed to develop and improve. A pretty common request is for workshops that give people feedback on their communication styles and push them to become more concise and compelling writers and speakers. Nobody, for example, has ever asked me, “Is there any way you can teach our lawyers to write longer, more rambling emails?” Or “Can you show us how to drone on and on while giving a presentation or running a meeting?”

When Constitutional Protection For Religious Liberty Gets Lost In Translation: A Case Study From Washington State, Robert W. Gomulkiewicz

Articles

Protecting religious liberty can present difficult challenges when religious liberty conflicts with laws prohibiting discrimination. Balancing religious liberty and nondiscrimination requires courts to accurately apply the U.S. Supreme Court’s complex First Amendment jurisprudence, including cases that address compelled speech, expressive association, and church autonomy. Amidst all the complexity, protection for religious liberty can get lost in translation. One important venue where protection can get lost in translation is in religious liberty cases decided by state supreme courts. The decisions of state supreme courts are especially significant because they provide the authoritative construction for state statutes and the state constitution. In …

Flexible Funding Authorities To Support Tribal Climate Adaptation, Monte Mills, Sydney Anderson, Lauren Young

Articles

This project is part of a policy research effort intended to support Tribes, federal agencies, and Tribal and non-Tribal organizations in addressing some of the climate adaptation barriers and needs experienced by Northwest coastal Tribes. Accessing and administering Federal funds is a significant challenge for Tribes. Existing federal funding sources are often accompanied by rigid rules that make it difficult for Tribes to flexibly allocate funds as needed, and include strict qualification criteria that limit Tribal access to funds. Short-term funding cycles can be disruptive to long-term staffing and project needs, and are often misaligned with Tribal priorities.

A Citizenship Model Of The Fourth Amendment, Danieli Evans

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Fourth Amendment law is in disarray. In recent years, courts and scholars have questioned central aspects of Fourth Amendment doctrine—in particular, the reasonable expectations of privacy test that has governed since the 1960s. Scholars and judges have argued for abandoning this test and instead looking to private law (sub-constitutional rules governing private conduct, such as tort, property, and contract law) to determine Fourth Amendment protection.

At a moment when judges and scholars are questioning core aspects of Fourth Amendment doctrine, the time is ripe to reconsider the values Fourth Amendment law ought to serve. I advance a novel vision for …