Digital Commons Network^™

The Basis Of The Labor Exemption Reconsidered, Sanjukta Paul

Articles

Broadly speaking, this symposium queries the question of expanding some actors’ coordination rights under antitrust law as a way of effectuating legal goals relating to “power relations.” I commend the organizers of the symposium for opening this conversation, for asking about the use of “collective bargaining” beyond the traditional labor domain, and for taking on the question in a creative way. These broader questions are essential, and yet my own article will (paradoxically, perhaps) try to contribute to this effort by going back to the core domain of the labor exemption itself—where, it turns

From Relic To Relevance, The Resurgence Of Tariffs, Reuven S. Avi-Yonah

Articles

Modern legal scholarship has largely relegated tariffs to economic analysis, overlooking their legal and policy significance. This Article challenges that view by examining tariffs as a potential pillar of fiscal policy, exploring their viability as a revenue source alongside or in place of traditional income and corporate taxation. While historically central to U.S. government funding, tariffs’ importance diminished with the rise of income taxation and trade liberalization. However, their recent resurgence as a tool for trade protection raises broader questions about their role in national economic strategy.

This Article critically assesses the feasibility of a tariff-based tax system, drawing on …

An Incidental Standard For Medical Ai, Nicholson W. Price Ii

Articles

Medical AI is poised to make a major difference in the provision of health. It brings major challenges, though: how can developers and implementers ensure that it will work safely and effectively—especially within the context of complex and highly variable health-care systems? Standards provide one key tool, potentially providing guidelines for everything from privacy to accuracy to how AI interacts with human clinicians. This Essay considers the last of these, describing a powerful quasi-standard from a surprising source: an FDA guidance document that tells developers when certain AI systems are not considered medical devices, and are therefore not regulated by …

Space Mining, Richard Painter

Articles

The Trump Administration and U.S. Congress are promoting new ventures to extract valuable minerals from outer space. This Article does not dismiss the idea out of hand, but explores reasons for caution, including practical problems with space mining, its environmental impact, the likelihood that the United States could violate international law, and the risk of armed conflict. These problems are exacerbated by financial conflicts of interest in our government with a handful of billionaires, who have a financial interest in space mining work. The promotion of their agenda could involve wasteful government spending on subsidies for private ventures, with a …

Constitutional Limits On The President's Authority To Adjourn Congress, Allan Erbsen

Articles

Can the President adjourn Congress, declare that the adjournment constitutes a recess, and appoint cabinet officers without the Senate’s consent? President Donald Trump has considered invoking this supposed power. Adjourning Congress would enable the President to appoint otherwise unconfirmable officials. Even if the President does not adjourn Congress, the looming threat of adjournment could chill the Senate’s review of nominees.

This Article concludes that the President cannot evade the Senate’s role in the appointments process by adjourning Congress. Three clauses in the Constitution inform the analysis: the Consent Clause, which requires each house to consent to the other’s adjournment; the …

Jurisdiction And Citizenship, Ilan Wurman

Articles

This Article makes a series of interventions into the existing literature on birthright citizenship. It makes three historical claims about the common law rule and its development. First, the Article centers the importance of parental status. The relevant status was not the citizenship of the parents, however, but whether they were under the protection of, and owed allegiance to, the sovereign. The common law rule therefore did not depend on descent, but the modern belief that the rule depended solely on place of birth is also mistaken. Second, it reveals through an examination of safe-conducts and English statutes from the …

Boundaries Of Rules: Social Reactions To Legal Intervention, Francesco Parisi

Articles

This chapter examines what happens at the boundaries of rules: when social practices acquire legal recognition, when legal rules seek to reshape social expectations, and when formal and informal enforcement operate together. The conventional economic model treats the expected formal sanction as the principal source of compliance. Although this model provides a fundamental benchmark, it captures only part of the effects of legal intervention. The taxonomy developed here identifies the different ways in which legal, moral, and social incentives may interact. The kinds of public and private enforcement through which individuals express norms shape the additive, nonadditive, and countervailing effects …

Age, Law, And Political Economy, Alexander Boni-Saenz

Articles

This Article examines the intersection of age, class, and the law. Its central claim is that age is an essential dimension for the analysis of law and political economy. There are two primary reasons why. First, age is embedded in a large body of legal rules that structure the labor market and address vulnerabilities associated with particular life stages. Child labor laws set minimum ages for entry into the workforce, while social welfare laws use age eligibility criteria to shape the material conditions for older adults. Second, age and its sibling concept, generation, indirectly shape economic and political relations by …

Monitoring, Oversight, And Learning In Medical Ai, W. Nicholson Price Ii

Articles

When medical AI errs, it often goes unnoticed. If there’s a specific patient injury, and the link to AI is obvious, that problem might be reported to the Food and Drug Administration (FDA), but not always. And many other types of problems, like worse performance on specific groups or ineffective integration into health system workflows, simply don’t fall within the contours of regularized reporting. Even if they are noticed by the health system—far from a given—there’s no obvious way to share that information more broadly. Against this backdrop, there are justified calls for better oversight and reporting. But there’s the …

Dividend Distribution Tax: More Than Meets The Eye - A Critical Analysis Of Polycab India Ltd. V. Assistant Commissioner Of Income-Tax, Ashrita Prasad Kotha

Articles

The case emanates from the dividend distribution tax (DDT) paid by Polycab on shares held by International Finance Corporation (IFC), one of its shareholders. IFC was set up by an international agreement to support the private sector in developing countries and was granted tax immunity on its income and transactions under the founding multilateral treaty and supporting domestic law. Polycab sought refund of DDT owing to IFC's immunity. The Income Tax Appellate Tribunal (ITAT) ruled in favour of Polycab by considering dividend distribution within the immunity clause and reading in an exemption into the income tax legislation. Significantly, the DDT …

Environmental Protection In War: Beyond Humans And Nature, Alexandra Huneeus, Pablo Rueda-Saiz

Articles

War is not just a human tragedy-it is an environmental catastrophe. Across the globe, armed conflicts leave behind oil-slickened rivers, poisoned soils, and forests reduced to barren landscapes. These harms last for generations, but they are not borne equally. The peoples who live most intimately with the land-drawing from it food, water, culture, and identity-suffer the most enduring losses. Their very existence as a people may be put at risk.

This Article asks: How have the laws of war addressed environmental destruction, and, more specifically, what protection do they afford to communities whose very existence is bound to the places …

Contemporary Icebreaking Capacity In The North American Region : Detailing The Present State Of Affairs And Challenges To Be Confronted, Bryan Watts, Dimitrios Dalaklis, Antonios Andreadakis

Articles

No abstract provided.

Trophy Assets, Aneil Kovvali

Articles

Rich people like to own things that make them look cool. When the thing in question is a car, house, or boat, the implications are limited. But sometimes very rich people own assets that are more important. Within media, Elon Musk acquired Twitter, Jeff Bezos ac-quired the Washington Post, and Patrick Soon-Shiong acquired the Los Angeles Times. There has also been a craze for aerospace: Musk with Space X, Bezos with Blue Origin, Richard Branson with Virgin Galactic, and going back further, Howard Hughes with Hughes Aircraft Company. It is often difficult to understand the behavior in purely finan-cial terms, …

Democratizing Restitution: Trust As An Equitable Approach To Competing Claims On Cultural Heritage Objects, Britta Redwood

Articles

As formerly colonized states began to win their independence in the mid-twentieth century, a growing chorus of voices called on museums in London, Paris, Berlin, and other European cities to return objects taken during the colonial period. Having largely ignored these requests until recently, museums throughout Europe and the United States have begun negotiating returns of these objects to their rightful owners. There is a growing recognition among Western cultural institutions that continuing to hold cultural heritage objects taken under conditions of coercion or violence is morally untenable. More recently, some scholars have argued for a human rights approach to …

Regulating Robotaxis, Bryant Walker Smith, Matthew T. Wansley

Articles

In several sunbelt cities, commercial robotaxi service has arrived. The leading robotaxi company is providing over 400,000 trips per week. The industry claims that robotaxis will save lives and provide convenient and affordable mobility. Critics counter that they will increase congestion, undermine transit, and subject the public to ubiquitous surveillance. We argue that the social impact of robotaxis depends on how they are regulated. We emphasize two points missing from the debate. First, some of the benefits of robotaxis may be political rather than technological—some longstanding public policy goals may become viable in a robotaxi world. Second, letting one private …

The Enduring Case For Bankruptcy Exceptionalism, Jared Mayer

Articles

Nearly fifty years after Congress enacted the Bankruptcy Code, a debate has emerged over the existence and desirability of “bankruptcy exceptionalism”: the idea that bankruptcy law should utilize “flexibility, creativity, and pragmatism over technicalities of process and form” to “prioritize fidelity” to “the purposes for which it was created.”  This question is especially salient in the world of corporate reorganizations, where distressed companies and their investors retain counsel precisely for the purpose of hammering out deals in complex commercial settings. In this Essay, I defend bankruptcy exceptionalism in corporate reorganizations.  I show that bankruptcy exceptionalism is a necessary and desirable …

Anti-Zionism, Antisemitism, Antidiscrimination, Zalman Rothschild

Articles

This Article uses recent anti-Zionism cases as a case study in hostile environment causation. It briefly surveys the approaches to the causation element that courts have taken in other contexts and then examines the anti-Zionism decisions in detail. It finds that courts in these cases have consistently converged on the narrowest variant of the motive-based approach, treating proof of animus—subjective hostility toward Jews—as the operative route to causation. That approach has its attractions. It preserves breathing space for political speech and resists the claim that opposition to Zionism is necessarily hostility toward Jews. But it is not the only approach …

Teaching Cross-Cultural Communication In Law School: Lessons From Medicine, Social Work, And Business, Mireille Butler, Jaclyn Celebrezze

Articles

Legal clients in the United States are increasingly multilingual and multicultural. More than 71 million people living in the United States communicate in a language other than English. Consequently, the lawyer’s duty of shared understanding is taking on new meaning. With the advent of ABA Ethics Opinion 500, cross-cultural communication skills are a lawyer’s ethical duty and a law school’s mandate. Additionally, ABA Standard 303(c) and the potential of increased experiential learning credit requirements make clear that immediate curricular changes are needed. To prepare for the modern practice of law, tomorrow’s lawyers need to develop cross-cultural skills while in law …

The End Of Territoriality?, Reuven S. Avi-Yonah

Articles

The One Big Beautiful Big Act (OBBBA) of 2025 is generally consideredto be a continuation of the Tax Cuts and Jobs Act (TCJA) of 2017.1Thatis definitely true as far as the individual tax provisions are concerned, be-cause the OBBBA merely made permanent the TCJA provisions with minorchanges, such as increasing the cap on the state and local tax deduction from$10,000 to $40,000. For the corporate tax, the OBBBA continued some of thechanges in the TCJA (such as expensing) while relaxing others (such as amorti-zation of research and experimentation (R&E) expenditures and a stricter limiton interest deductions) without changing the overall …

Large Language Scholarship, Alan Rozenshtein, Kevin Frazier

Articles

Generative AI isn’t just coming for the legal academy—the era of what we call “Large Language Scholarship” is already here. Law professors are using AI to write articles in weeks rather than months. Law reviews face an unprecedented deluge of AI-polished submissions. And the judges who increasingly lean on AI to help draft their own opinions will soon struggle to distinguish genuine insight from sophisticated imitation. Yet, existing scholarship offers only fragmented responses, trapped in misguided debates about plagiarism and disclosure while missing the full scope of the unfolding transformation.

This Article provides the first comprehensive analysis of how generative …

Style And Substance: A Review Of Jill Barton's The Supreme Guide To Writing, Christina Frohock

Articles

No abstract provided.

Preface To Volume 17, Issue 1, Peter A. Carfagna

Articles

No abstract provided.

Follow The Money: A Historical And Bibliometric Reflection On The Rise Of Law And Economics, 1970-2025, Scott H. Dewey

Articles

From roughly 1970 to 2010, law and economics rose from the margins to a dominant position in American legal academia, accompanied by a dramatic increase in citations to law and economics scholarship. Citation analysis is often treated as a proxy for intellectual merit, but that assumption becomes questionable when ideas are advanced through systematic, well-funded, and sustained promotion aimed at serving specific political and economic interests. This study examines the right-wing funding networks that supported the rise of law and economics and analyzes the resulting bibliometric patterns in legal scholarship. By tracing these financial and citation dynamics, the study argues …

Need For Harmonized Terminology In Cryopreservation To Support Reproducibility, Regulation, And Translation, Susan Wolf, Lakshya Gangwar, Lowell Wolfe, Nikolas Zuchowicz, Irina Filz Von Reiterdank, Srivasupradha Ramesh, Bat-Erdene Namsrai, Joseph Kangas, Joseph Sushil Rao, Matthew Powell-Palm, Timothy L. Pruett, John C. Bischof, Korkut Uygun

Articles

As cryopreservation technologies continue to develop, the need for harmonized terminology across the multitude of disciplines where cryopreservation is applied is becoming increasingly acute. Terminology in cryopreservation remains inconsistent, leading to confusion and barriers to progress. Applications of cryopreservation in medicine, food, agriculture, and conservation remain limited by this lack of consensus. Inconsistent terminology contributes to ethical, legal, and societal issues in translating and integrating new cryopreservation technologies. Here we identify the problem with examples of cryopreservation terminology that demand harmonization. We describe the need for terminological consistency by providing examples of effective terminology harmonization projects in related fields. We …

Creating A Responsible Authorship Culture In Science: Anchoring Authorship Practices In Principles Of Transparency, Credit, And Accountability, Susan Wolf, Véronique Kiermer, Sofia Adams, Kirsten Bibbins-Domingo, Kathleen Hall Jamieson, Joerg Heber, Mohammad Hosseini, Ana Marušić, Beau Nielsen, Magdalena Skipper, Geeta K. Swamy, Yensi Flores Bueso

Articles

Authorship remains the primary currency of academic credit and a cornerstone of research integrity, yet current practices often fail to reflect the collaborative and interdisciplinary nature of modern science and questionable authorship practices persist. We argue that addressing these shortcomings is a collective responsibility shared by researchers, journals, research funders, scholarly societies, and research institutions. We examined authorship guidelines issued by journals and research institutions and found that their recommendations to researchers are highly variable. We propose that fostering a responsible authorship culture requires a shared, principle-based framework grounded in transparency, credit, and accountability. These three interconnected principles highlight when …

Meeting The Moment: A Human Rights–Based Approach To Academic Freedom, Anna Crowe, Glenn Mitoma, Kathleen Cavanaugh, Kristina Eberbach, Gergana Halpern, Amanda Lyons, Johanna Sirera Ransmeier, Kaushik Sunder Rajan, Carrie Booth Walling

Articles

The second Trump administration’s attacks on universities have illustrated both the importance of academic freedom to a robust democracy and the limitations of academic freedom’s traditional grounding in the First Amendment and the AAUP’s 1940 Statement of Principles on Academic Freedom and Tenure. This essay shifts the understanding of academic freedom to a human rights perspective and highlights the significance of academic freedom to human rights centers and institutes operating within universities across the country. International human rights standards conceive of academic freedom as a stand-alone human right that draws on and supports a range of other human rights, notably …

Feedback Loops: Fly On The Wall, Patrick Barry

Articles

I recently turned to an interesting source to get some feedback on the way I communicate when leading meetings and speaking to large groups: artificial intelligence (AI) tools. Born into a family of fast-talking New Yorkers who don’t always wait for you to finish your thoughts before they jump in with theirs (my mom grew up in Manhattan and my dad grew up in Long Island), I recently realized that I have developed what the linguist Deborah Tannen calls a “high-involvement” conversation style, especially when I take the lead in meetings or teach my classes. I nod as other people …

Bending Energy Schemes For Discrete-Spring-Network Structural Modelling Of Red Blood Cells, Osayomwanbor Ehi-Egharevba, Mingzhu Chen, Fergal Boyle

Articles

Red blood cells (RBCs) undergo large structural deformation, including bending, when passing through capillaries. They also exhibit a range of complex shapes such as stomatocytes, discocytes and echinocytes that form due to altered blood pH and salt levels, ingested drugs and adenosine triphosphate depletion. Discrete-spring-network structural models of RBCs employ different numerical treatments of the continuum bending energy. This affects bending accuracy and the prediction of accurate RBC shapes. This research compares three representations called bending energy scheme (BES) A, B and C to evaluate their accuracy in shape predictions. BES A, seen throughout the literature, is based on the …

The Academic, Psychological, And Physical Impact Of Motor Skills Difficulties On College Students: A Scoping Review, David Gaul Phd, Suzanne Mccarthy Wolf

Articles

Purpose of Review

This scoping review examines the extent and quality of research literature to determine the impact of motor skills difficulties on college or university students. It assesses the adequacy of current institutional supports and identifies opportunities for more inclusive educational practices.

Recent Findings

Four databases (PubMed, SCOPUS, PsycINFO, and Web of Science) were searched for English-language studies published since 1970. Eighteen studies met inclusion criteria: 12 empirical, 4 descriptive, and 2 program evaluations. Six papers from the UK addressed support, social isolation, and academic confidence; six Israeli studies focused on handwriting, dysgraphia, and accommodations; three US studies examined …

Organizational Memories Of Extreme Events: Evidence From Us Public Transit Agencies, Mattia Caldarulo, Ignacio Pezo, Elizabeth A. Corley, Shaika L. Islam, Eric W. Welch

Articles

The increasing frequency and severity of extreme weather events require organizations to effectively manage the threats these phenomena pose. To respond to these challenges, public agencies often turn to their organizational memories for guidance. Organizational memories support information processing capacity, facilitate sensemaking, and legitimize and speed up decision-making processes. While memories influence different aspects of organizational life, little is known about their antecedents and the mechanisms behind the retrieval of past events. This study contributes to the broader literature on organizational memory by investigating the elements shaping public agencies’ retrieval of extreme weather events. Integrating weather data from the National …