Digital Commons Network^™

Constitutional Futurism As Pedagogy, Jeremiah Chin

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Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Constitutional Futurisms, Jeremiah Chin

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How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …

Comparing Conventional And Alternative Mechanisms Of Discovering And Accessing The Scientific Literature, William H. Walters

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This study compares the bibliographic and full-text coverage of 15 conventional and alternative discovery/access mechanisms: two multidisciplinary library databases (Scopus and the Web of Science Core Collection), five single-subject databases, the integrated library search (ILS) mechanism of Manhattan University, a scholarly search engine (Google Scholar), two web-based scholarly databases (Dimensions and OpenAlex), two academic social networks (Academia.edu and ResearchGate), and two pirate sites (Anna’s Archive and Sci-Hub). The analysis is based on known-item searches for 875 target documents in chemistry, materials science, cardiology, public health, economics, education, and psychology. Overall, Google Scholar, OpenAlex, and the ILS are the most comprehensive …

Executive Clemency And Immigration Federalism: Reconsidering Presidential Power Over Deportation, Linus Chan, Lauren Butler, Emma Wittmer

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No abstract provided.

Property Values: Accounting For Racial Valorization And Stigmatization In Development, Audrey G. Mcfarlane

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No abstract provided.

Expanding Equity And Innovation In Pharmaceutical Law And Drug Development: Paying Clinical Trial Participants For Their Data, Steve Calandrillo, Bernadette Tosti, Jefferson Smith, Jamison Koeman

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Bringing a drug to market is exceedingly expensive and exposes pharmaceutical manufacturers to significant legal risk. But when companies are successful, their profits make the PowerBall jackpot look like petty cash. Staggering rewards measure in the billions or millions for the firms, CEOs, pharmacies, drug benefit managers, data brokers, and many more actors in the pharmaceutical-to-patient pipeline. The only individuals who don’t get paid handsomely are the clinical trial participants, whose voluntary participation and data helped make those successes possible. It is long past time that we reform the legal and regulatory roadblocks to paying clinical trial participants in the …

When Money Isn't Money: The Second Circuit's Gutting Of The Discharge-For-Value Defense For Erroneous Payments, Jeanne L. Schroeder

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No abstract provided.

Childhood Myopia Part Ii: Treatment Mechanisms, Emerging Options, And Considerations, Safal Khanal Dr, Erin S. Tomiyama Dr, Síofra Harrington Dr

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Abstract

The rapidly increasing prevalence of myopia and its association with vision-threatening complications in later life has intensified efforts to identify treatments that can prevent the onset and slow the progression of myopia in children. These efforts have led to the development of several optical, environmental, and pharmacological myopia control treatments. Investigations of additional treatment options are ongoing and have shown great promise for clinical translation. Although significant progress has been made in identifying potential pathways and modes of action of these treatments, a complete mechanistic understanding is still lacking. This critical review article explores the potential mechanisms underlying the …

Is It Time To Scrap Stare Decisis?, Wilfred U. Codrington Iii

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Shortly after returning to the presidency, Donald Trump terminated several independent federal officers, prompting legal action by employees who occupied government positions covered by statutory for cause removal protections long held constitutionally permissible and valid. Eventually, one or more suits alleging unlawful termination owing to the removal without cause will reach the Supreme Court to be decided on the merits. Having steadily narrowed the Humphrey’s Executor line of cases that insulate these officers, the Court now seems poised to displace that precedent entirely. In isolation, the overruling would mark a seismic doctrinal shift and major advance in legal conservatism's pursuit …

Heritage In Search Of A Home: Archiving The Learning Designs And Artistry Of Instructional Television Of The 1970s And 1980s, Owen Gottlieb

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This chapter tells intertwined stories of the rescue and preservation of two archival collections of instructional (classroom) television programs and attendant materials from the ITV new wave of the 1970s and 1980s. A.I.T., the Agency for Instructional Television/Technology created innovative programming combining instructional design and media artistry, all focused on learners. The ability, afforded by these collections, to address key lacunae in the history could have significant implications for the design of learning media in its current forms of interactive media and video games for learning as well as the development of the next evolution of learning media and technology.

The Equal Protection-Fourth Amendment Shell Game: An Essay On The Limited Reach Of The 2023 Affirmative Action Cases, The Fourth Amendment, And Race Beyond Skin Color, David B. Owens

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In striking down race-conscious admissions at Harvard and the University of North Carolina, the Supreme Court used lofty rhetoric about the importance of ending race discrimination, even calling the command of Equal Protection “universal.” In two ways, this Essay explores the legal and practical limits of the affirmative action cases and illustrates how the Court’s claimed concern about race discrimination rings hollow. First, this Essay discusses state actors permitted to use race in their decision-making: the police. Unlike elite universities whose policies are subject to exacting scrutiny, the Supreme Court permits police to use race when deciding whom to seize …

Does Third Party Litigation Funding Need Regulations On Consumer Protection, Ronen Avraham, Eric Schuller, Anthony J. Sebok

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Transcript of a roundtable discussion during the Third-Party Litigation Symposium at the S.J. Quinney College of Law.

‘I Could Replicate The Situation Exactly The Same As I Do In Class’: Apprentice Lecturers Use Of A Learning Management System At An Irish University During And After Covid-19, Eleanor Attridge, Tom O'Mahony

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While technology is playing a more critical role in learning, apprentice lecturers’ use of technology to support learning is under-researched. This qualitative study explores apprentice lecturers’ use and experience of a Learning Management System during and after COVID-19. Thematic analysis was used to make sense of the rich data, gathered using semi-structured interviews, from ten apprentice lecturers. The analysis revealed that technology use largely mirrored participants’ teacher-centric face-to-face methods. This approach did not sustain apprentice online engagement. Applying the theoretical framework, TPACK revealed that limited pedagogical expertise and, to a lesser extent, limited technological proficiency shaped participants’ approaches. Systemic constraints …

The Ai Input Class: Constitutional Urgency And Fair Licensing In Ai Copyright Class Actions, Xuan-Thao Nguyen, Elizabeth G. Porter

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The humanities have long been under attack; now Big Tech is eating them for breakfast. Artificial Intelligence is undermining the cultural and constitutional values of human creativity; it is also threatening the livelihoods of the creative working class. Because neither Congress nor regulators can keep pace with AI’s pace of change, class actions have stepped into the breach. In the first wave of such litigation, authors and artists in courts on both coasts claim that AI companies violate intellectual property law when they “train” their systems on copyrighted works.

This Article analyzes what we call “input” AI claims—that is, proposed …

An Empirical Evaluation Of Communication Technologies And Quality Of Delivery Measurement In Networked Microgrids, Ruairí De Fréin, Yasin Emir Kutlu

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Networked microgrids (NMG) are gaining popularity as an example of smartgrids (SG), where power networks are integrated with communication technologies. Communication technologies enable NMGs to be monitored and controlled via communication networks. However, ensuring that communication networks in NMGs satisfy quality of delivery (QoD) metrics such as the round trip time (RTT) of NMG control data is necessary. This paper addresses the communication network types and communication technologies used in NMGs. We present various NMG deployments to demonstrate real-life applicability in different contexts. We develop a real-time NMG testbed using real hardware such as Cisco 4331 Integrated Services Routers (ISR). …

Exploring Deaf And Hard Of Hearing Peoples' Perspectives On Tasks In Augmented Reality: Interacting With 3d Objects And Instructional Comprehension, Sanzida Mojib Luna, Jiangnan Xu, Garreth W. Tigwell, Nicolas Lalone, Michael Saker, Alan Chamberlain, David I. Schwartz, Konstantinos Papangelis

Articles

Tasks in augmented reality (AR), such as 3D interaction and instructional comprehension, are often designed for users with uniform sensory abilities. Such an approach, however, can overlook the more nuanced needs of Deaf and Hard of Hearing (DHH) users who might have reduced auditory perception. To better understand these challenges, our study utilized the single-player AR game Angry Birds AR as a probe to explore how 11 DHH participants and 15 hearing participants experienced AR interactions. Our findings highlight that DHH users prefer interaction based on context, effective haptic cues, audio cue substitutes, and clear instructional design. We, therefore, propose …

The Return Of Private Law, Anthony J. Sebok

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Recent events offer a grim picture of the future of public law. In particular, President Trump’s assault on the administrative state seems destined to hamper the ability of agencies to protect the public in familiar areas such as drug safety, auto safety, environmental protection, and consumer protection.

Nevadaware Divergence In Corporate Law, Wendy G. Couture

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The differences between Nevada and Delaware corporate law - which I call "Nevadaware divergence" - are the subject of media attention, scholarly critique, and current litigation. Nevada corporate law has a reputation as being a no-liability Zone where officers and directors are free to defraud stockholders without consequences. My goal in this article is to inform a more fulsome understanding of Nevada corporate law, both substantively and theoretically, as compared to Delaware corporate law). Starting with the premise that Nevada corporate law is more nuanced than common wisdom suggests, I highlight Nevadaware divergence - not only about substantive corporate law-but …

Strong Democracies Need Reliable Citations, Margie Alsbrook

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Legal systems must hold the trust of citizens in order for democracies to survive. Unfortunately, the American legal system is suffering from an unprecedented credibility crisis. Analyses of the roots of this problem have largely focused on political causes, with blame going to an array of issues ranging from the partisan nature of the judicial appointment process to the lack of ethical oversight for judges with lifetime appointments to the bench.

Thus far, scholarly articles analyzing the modern erosion of precedent have generally examined precedent from political or subject-matter-specific perspectives. This Article takes a more universal approach by discussing the …

Biglaw's Race Problem, Angela Onwuachi-Willig, Anthony V. Alfieri

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Ever since the 1970s when BigLaw firms began to hire Black lawyers into their associate ranks, these firms have wrestled with problems in both recruiting and retaining Black associates. During the ensuing decades, BigLaw firms have minimally increased the low numbers of Black attorneys who have become partners, particularly equity partners, within their organizations. Numerous scholars have explored how racial bias and discrimination, both within BigLaw firms and greater society, have contributed to such failures in the recruitment, retention, and promotion of Black lawyers. In his new book The Black Ceiling: How Race Still Matters in the Elite Workplace, Professor …

Drivers Of Effective Laws For Automated Vehicles, William Hubbard

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Hundreds of thousands of automated vehicles (AVs) are currently driving on America’s roads. The defining feature of AVs is that sophisticated technological systems control some or even all aspects of vehicle movement. Like any motor vehicle, AVs provide many benefits but also raise significant safety concerns. Indeed, people are already dying in collisions with AVs. Effective AV regulation is therefore critical.

This Article addresses an important—perhaps the most important— issue of AV regulation today. Recent empirical research has uncovered a shocking legal crisis: more than 40,000 conventional state laws are unclear or ineffective when applied to AVs. Fortunately, the vast …

Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi

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In May 2023, the Biden Administration issued the first-ever U.S. National Strategy to Counter Antisemitism [hereinafter National Strategy] with a goal of hindering further normalization of antisemitism by increasing public awareness of antisemitism and highlighting positive Jewish contributions to America. Recent events, however-particularly the social and political upheaval over protests of the war in Gaza-have led to public contestation over Israel, increased instances of antisemitism, and the partisan politicization of Jewish issues. Now, the Trump Administration explicitly purports to fight antisemitism by widespread attacks on universities over antisemitism on campus. Does this mean that the National Strategy has become anachronistic, …

Sport, Soft Disempowerment And The 1966 Fifa World Cup, Richard Woodward

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Sport is increasingly acknowledged as a vital component of the United Kingdom’s arsenal of soft power assets. However, the UK’s attempts to wring soft power from sport have met with mixed success. Many of the UK’s experiences align with an embryonic literature suggesting that sport, as well as enabling the production of soft power, is simultaneously capable of eroding it, a phenomenon dubbed ‘soft disempowerment’. Drawing upon original archival documents, this article examines how the Foreign, Commonwealth and Development Office (FCDO) commandeered the 1966 World Cup and England’s victory in the competition in a doomed attempt to communicate positive messages …

Use And Benefits Of A Therapeutic Hypnosis Interactive Media Program For Chronic Pain Management: A Pilot Study, Mark P. Jensen, Joy F. Chan, Owen Gottlieb, Laurence I. Sugarman, Emily Stensland

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Chronic pain is a common condition that has significant negative effects on individuals and society. Opioids continue to be the primary treatment provided to the billions of individuals with chronic pain, despite their general lack of efficacy and significant negative side effects. A growing body of research supports the potential of therapeutic hypnosis for helping individuals better manage their chronic pain. However, access to this treatment is limited. The availability of a hypnosis digital therapeutic has the potential to address this access problem. The current study was designed to evaluate the feasibility of a digital therapeutic hypnosis prototype (not yet …

Us V. Rahimi, Originalism's Loaded Weapon, And The Lost Boys Of The Supreme Court, Mary Anne Franks

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No abstract provided.

Next Generation Legal Researchers: Implementing Critical Information Literacy Through The Acrl Framework To Ensure Student Success On The Nextgen Bar Exam, Laura Wilcoxon

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Students who began law school in the fall of 2023 could be among the first to encounter the NextGen Bar Exam. Examinees will now be required to demonstrate proficiency in legal research to become practicing attorneys. This change provides an opportunity to evaluate the pedagogy employed to prepare students for the bar exam and beyond. Incorporating critical information literacy into the legal research curriculum will enable students to master the analytic and metacognitive skills that will be tested on the NextGen Bar Exam. Law librarians can incorporate these skills into legal research instruction by implementing the Framework for Information Literacy …

Regulating Hidden Ai Authorship, Jacob Noti-Victor

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With the rapid emergence of high-quality generative artificial intelligence (“AI”), some have advocated for mandatory disclosure when the technology is used to generate new text, images, or video. But the precise harms posed by nontransparent uses of generative AI have not been fully explored. While the use of the technology to produce material that masquerades as factual (“deepfakes”) is clearly deceptive, this Article focuses on a more ambiguous area: the consumer’s interest in knowing whether works of art or entertainment were created using generative AI. In the markets for creative content—fine art, books, movies, television, music, and the like—producers have …

Flow Dynamics Of Agricultural Waste Nanofibers: Shear, Temperature, And Oscillatory Insights, Bilge N. Altay, Burak Aksoy, James Atkinson, Christopher Lewis, Carlos Diaz-Acosta, Raymond Francis

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The rheology and fiber size of corn stover (CS) and cleaned cotton gin trash (CGT) cellulose nanofibers (CNFs) were studied including behaviors at both moderate and extremely high shear rates, to simulate industrial processes ranging from mixing and pumping to high-speed coating, printing, and extrusion. Particle size analyzer showed that 99% of CS fibers measured around 226 nm, while 85% of CGT fibers were approximately 143 nm. Both CS and CGT CNFs formed gel-like suspensions, and shear flow tests revealed that all samples exhibited shear-thinning behavior, allowing easy flow under shear forces. Gels with higher solid content (1%) demonstrated extended …

The International Law Commission's Seventy-Fifth (2024) Session: Immunity Of State Officials From Foreign Criminal Jurisdiction And Other Topics, Charles C. Jalloh

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The International Law Commission (Commission or ILC) held its seventy-fifth session at its seat in Geneva from April 15 to May 31 and from July 1 to August 2, 2024. The Commission was chaired by Mr. Marcelo Vázquez-Bermúdez (Ecuador), and for the first time since its establishment in 1945, elected a majority of three females out of the five officers elected to its bureau annually. The Commission celebrated its seventy-fifth anniversary and progressed its work on the topics in the program of work despite the shortening of the twelve-week General Assembly approved session to ten weeks due to the liquidity …

A Comparison Study Of Senior And Junior Deck Officers’ Interpretations Of The International Regulations For The Prevention Of Collisions At Sea, Ian Heffernan, Tom O'Mahony

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The International Regulations for the Prevention of Collisions at Sea (IRPCS) provide a comprehensive set of instructions for watchkeeping officers to follow and prevent collisions at sea. This study compares how six newly qualified deck officers and six Master Mariners, who were all trained at the same college, applied the IRPCS. Individual, semi-structured interviews were used to uncover how the 12 participants applied and interpreted the rules for three authentic scenarios. Phenomenography was used to capture the qualitatively different means by which participants interpreted the IRPCS. For basic collision avoidance situations, the results indicated little difference between the cohorts' ability …