Digital Commons Network^™

Public, Private, Acquired, Alexander I. Platt, Matthew T. Wansley

Articles

For the last quarter-century, IPOs have been declining. SEC officials usually attribute the decline to startups’ choices to stay private. But that explanation is incomplete. As startups grow, they face a three-way choice between going public, staying private, and being acquired, and they have increasingly chosen the third option. In this Essay, we show how securities regulation pushes startups towards acquisitions by increasing the cost of raising capital and accessing liquidity in both public and private markets. We consider how the trend towards acquisitions could reduce competition, innovation, opportunities for diversification, and transparency. And we offer suggestions for how the …

Writing – Écriture, Peter Goodrich

Articles

This is the twentieth article in this series (and the fifth in volume 77).

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

Articles

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.

Exploring The Limits Of Qualified Immunity Under Harlow’S Discretionary Function Test, James E. Pfander, Alexander A. Reinert

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No abstract provided.

Algorithmic Tax Ownership, Young Ran (Christine) Kim, Dmitry Erokhin

Articles

Tax ownership is a crucial concept for determining tax liabilities, compliance, and enforcement. However, neither the courts nor the IRS has provided clear guidance on how to analyze it. Since the Supreme Court first outlined a twenty-six-factor test for determining tax ownership in Frank Lyon Co. v. United States in 1978, this multifactor test has remained largely unchanged, and there has been no further guidance from the courts or the IRS to this day. Even tests with shorter lists of factors only add to the confusion regarding compliance and enforcement, as there is no clarity on which factors are most …

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 …

William K. Hartmann, Scientist, Artist, Pioneer Of Planetary Science, Adam Eisenberg

Articles

For more than six decades, William K. Hartmann has helped shape modern planetary science, from pioneering crater-count dating to developing the leading theory of the Moon's formation. He has also created some of the most enduring artistic visions of other worlds. Adam Eisenberg caught up with him on the eve of his 87th birthday.

An Integrated Framework For Information Security Risk Management: A Mixed-Methods Systematic Literature Review, Biju Varghese, Quang "Neo" Bui

Articles

Driven by escalating threats and regulatory scrutiny, information security risk management (ISRM) is now a strategic imperative for organizations across the industrial spectrum. Although prior literature reviews offer valuable insights into ISRM subdomains, they remain fragmented and overly reliant on manual methods, limiting their scope and scalability. Additionally, only limited reviews have been able to comprehensively synthesize ISRM literature across its three foundational pillars: processes, governance, and strategy. To address this gap, we conduct a large-scale systematic literature review of 623 ISRM-related articles using a mixed-methods approach which combines natural language processing techniques with thematic analysis. We identify 22 thematic …

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

Articles

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 …

Agency Fact-Making, Haiyun Damon-Feng

Articles

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 …

Joint Bank Accounts: Who Needs Them?, Reid K. Weisbord, Stewart E. Sterk

Articles

Joint bank accounts, once known as a “poor man’s will,” emerged more than a century ago as a probate avoidance device. This Article contends that joint accounts no longer serve a useful estate planning function, and they pose an unacceptably high risk to banking consumers because the legal framework governing lifetime ownership rights is deeply flawed and underdeveloped. Courts typically apply one of two prevailing models for allocating lifetime rights: (1) the traditional joint tenancy approach, which presumes equal ownership of account funds by each party; and (2) the Uniform Probate Code’s approach, which presumes ownership in proportion to each …

A Gdpr-Compliant Fatca Structure?, Michael Hatfield

Articles

A 2025 Belgian Data Protection Authority (DPA) decision and ensuing preliminary questions referred by the Belgian Market Court to the Court of Justice of the European Union (CJEU) highlights the tension between the General Data Protection Regulation (GDPR) and the US Foreign Account Tax Compliance Act (FATCA) structure in Europe. The FATCA structure relies on intergovernmental agreements (FATCA IGAs) between the US and EU Member States. Under these agreements, Member State tax authorities transfer personal data of their citizens and residents to the US Internal Revenue Service (IRS). It may be determined that these transfers violate some or all of …

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 …

Protecting Cultural Personality, J. Janewa Osei-Tutu

Articles

When companies use cultural symbols or cultural heritage from an indigenous or local community without their knowledge or permission, it can lead to claims of cultural appropriation, particularly in the fashion industry. Yet, the law provides little to no remedy. Trademarks and geographical indications can be used to protect collective cultural identities. However, these intellectual property laws are not helpful if the affected cultural group has not commercialized its identity by offering goods or services to the public. This Article contributes to the literature by theorizing a dignitary-based intellectual property model for protecting cultural identities. It draws on the U.S. …

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

Articles

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 …

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 …

Is Tax “Law”?, Luís C. Calderón Gómez

Articles

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 …

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 …

Slurry-As-A-Service: A Modest Proposal On Scalable Pluralistic Alignment For Nutrient Optimization, Rachel Hong, Yael Eiger, Jevan Hutson, Os Keyes, William Agnew

Articles

Pluralistic alignment has emerged as a promising approach for ensuring that large language models (LLMs) faithfully represent the diversity, nuance, and conflict inherent in human values. In this work, we study a high-stakes deployment context—mulching—where automated systems transform selected individuals into nutrientrich slurry for the dual purposes of food security and aesthetic population management. Building on recent pluralistic alignment frameworks, we introduce ValueMulch™, a reproducible training, deployment, and certification pipeline for aligning mulching models (MMs) to a wide range of community norms. Through a real-world testbed spanning 32 communities, we show that ValueMulch™ improves distributional agreement with community mulching preferences …

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 …

Saturated Hierarchical Atomic Incremental Learning (Shail): A Behavioral Learning Perspective On Staged Mastery And Saturation, Ernest Fokoue

Articles

We introduce Saturated Hierarchical Atomic Incremental Learning (sHAIL), a learning paradigm in which complex tasks are approached through a sequence of simpler atomic subtasks, each mastered to saturation before progression. The central mechanism is a saturation criterion that detects when learning dynamics enter a plateau region, triggering consolidation and subsequent ascent to a higher level of task complexity. We develop a theoretical framework for sHAIL and show that it naturally gives rise to \emph{staircased convergence}: alternating phases of rapid improvement and genuine plateau. Within each level, classical convergence guarantees apply under standard smoothness conditions, while the hierarchical transitions are driven …

No Intelligence Without Statistics: The Invisible Backbone Of Artificial Intelligence, Ernest Fokoue

Articles

The rapid ascent of artificial intelligence (AI) is often portrayed as a revolution born from computer science and engineering. This narrative, however, obscures a fundamental truth: the theoretical and methodological core of AI is, and has always been, statistical. This paper systematically argues that the field of statistics provides the indispensable foundation for machine learning and modern AI. We deconstruct AI into nine foundational pillars—Inference, Density Estimation, Sequential Learning, Generalization, Representation Learning, Interpretability, Causality, Optimization, and Unification—demonstrating that each is built upon century-old statistical principles. From the inferential frameworks of hypothesis testing and estimation that underpin model evaluation, to the …

Decorrelation, Diversity, And Emergent Intelligence: The Isomorphism Between Social Insect Colonies And Ensemble Machine Learning, Ernest Fokoue, Gregory Babbitt, Yuval Levental

Articles

Social insect colonies and ensemble machine learning methods represent two of the most successful examples of decentralized information processing in nature and computation respectively. Here we develop a rigorous mathematical framework demonstrating that ant colony decision-making and random forest learning are isomorphic under a common formalism of stochastic ensemble intelligence. We show that the mechanisms by which genetically identical ants achieve functional differentiation— through stochastic response to local cues and positive feedback—map precisely onto the bootstrap aggregation and random feature subsampling that decorrelate decision trees. Using tools from Bayesian inference, multi-armed bandit theory, and statistical learning theory, we prove that …

A General Weighting Theory For Ensemble Learning: Beyond Variance Reduction Via Spectral And Geometric Structure, Ernest Fokoue

Articles

Ensemble learning is traditionally justified as a variance-reduction strategy, explaining its strong performance for unstable predictors such as decision trees. This explanation, however, does not account for ensembles constructed from intrinsically stable estimators-including smoothing splines, kernel ridge regression, Gaussian process regression, and other regularized reproducing kernel Hilbert space (RKHS) methods whose variance is already tightly controlled by regularization and spectral shrinkage. This paper develops a general weighting theory for ensemble learning that moves beyond classical variance-reduction arguments. We formalize ensembles as linear operators acting on a hypothesis space and endow the space of weighting sequences with geometric and spectral constraints. …

On The Scientific Stature Of Data Science: The Epistemological Unicorn, Ernest Fokoue

Articles

Data Science has ignited unprecedented academic, industrial, and pedagogical fervor, yet its status as a \textit{science} in the classical sense---comparable to physics or biology---remains profoundly unsettled. This article interrogates the epistemological foundations of Data Science by examining its hybrid theoretical lineage, from the Universal Approximation Theorem to the No-Free-Lunch Theorems, with special emphasis on the fundamental Bayesian optimality results for both regression and classification. We argue that Data Science is in a vigorous \textit{gestational period}, characterized not by an absence of principles but by a creative tension between empirical pragmatism and deep mathematical theory. The Cross-Validation score emerges as the …

On Fibonacci Ensembles: An Alternative Approach To Ensemble Learning Inspired By The Timeless Architecture Of The Golden Ratio, Ernest Fokoue

Articles

Nature rarely reveals her secrets bluntly, yet in the Fibonacci sequence she grants us a glimpse of her quiet architecture of growth, harmony, and recursive stability \citep{Koshy2001Fibonacci, Livio2002GoldenRatio}. From spiral galaxies to the unfolding of leaves, this humble sequence reflects a universal grammar of balance. In this work, we introduce \emph{Fibonacci Ensembles}, a mathematically principled yet philosophically inspired framework for ensemble learning that complements and extends classical aggregation schemes such as bagging, boosting, and random forests \citep{Breiman1996Bagging, Breiman2001RandomForests, Friedman2001GBM, Zhou2012Ensemble, HastieTibshiraniFriedman2009ESL}. Two intertwined formulations unfold: (1) the use of normalized Fibonacci weights -- tempered through orthogonalization and Rao--Blackwell optimization -- …

Fibonacci-Driven Recursive Ensembles: Algorithms, Convergence, And Learning Dynamics, Ernest Fokoue

Articles

This paper develops the algorithmic and dynamical foundations of recursive ensemble learning driven by Fibonacci-type update flows. In contrast with classical boosting Freund and Schapire (1997); Friedman (2001), where the ensemble evolves through first-order additive updates, we study second-order recursive architectures in which each predictor depends on its two immediate predecessors. These Fibonacci flows induce a learning dynamic with memory, allowing ensembles to integrate past structure while adapting to new residual information. We introduce a general family of recursive weight-update algorithms encompassing Fibonacci, tribonacci, and higher-order recursions, together with continuous-time limits that yield systems of differential equations governing ensemble evolution. …