Digital Commons Network^™

Whole-Life Carbon–Cost–Circularity Optimization For Ai-Era Data Centers: A Robust Multi-Objective Framework Under Carbon Pricing Uncertainty, Arezou Shafaghat, Da Hu, Ali Keyvanfar

Faculty Articles

The explosive growth of artificial intelligence workloads has triggered unprecedented data center construction, yet environmental assessment remains focused on operational energy efficiency. This paper introduces DC-WLC3O, a framework that simultaneously optimizes three objectives across the full data center lifecycle: whole-life cost, whole-life carbon, and material circularity index. The framework integrates cradle-to-cradle lifecycle assessment with dynamic material flow analysis, employing a four-layer analytical stack: Monte Carlo simulation with Latin Hypercube Sampling and Iman–Conover rank correlation; NSGA-III tri-objective Pareto optimization; Sobol’ variance-based global sensitivity analysis; and Many-Objective Robust Decision Making (MORDM). The framework evaluates 192 design configurations for a 30 MW hyperscale …

Designing Data Centers For Demand Response Through A Construction-Phase Readiness Index, Arezou Shafaghat, Da Hu, Ali Keyvanfar

Faculty Articles

AI-driven growth is pushing data-center electricity demand from 415 TWh (2024) toward 945 TWh by 2030. Demand-response research has matured on operational levers but treats the physical envelope as largely exogenous, leaving construction-phase decisions that bound achievable flexibility unmodeled. This article integrates three previously separate bodies of literature (data-center demand response, grid-interactive efficient buildings, and stochastic optimal control under irreversibility) into a single framework that prices construction-phase flexibility as a portfolio of real options, pairing elicitation-derived (FAHP) weights with simulation-derived (Sobol) variance indices. None of the individual techniques is new; the contribution is their synthesis and the finding that architectural …

Assessing Rural Homelessness: A Mixed-Methods Case Study, Matthew J. Lyons

Faculty Articles

Rural homelessness represents a significant public health and human rights challenge, but research on homelessness in the United States has predominantly focused on urban settings. This case study describes a mixed-methods assessment of the prevalence, causes, and consequences of homelessness in a rural county. Through both surveys and interviews with stakeholders from multiple sectors (including both service providers and those experiencing homelessness), we built a rich picture of the scale and experiential dimensions of homelessness within the county. Here, we present our research methods, the main findings of each primary data collection arm, and the actionable conclusions drawn from the …

Centralized Review Of Alzheimer's Disease And Related Dementias Biomedical Repositories And Computational Methods, Johaan Kathilankal, Kewei Chen, Chen Zhao, Lingtao Chen, Seyedamin Pouriyeh, Zongxing Xie, Yixin Xie

Faculty Articles

lzheimer’s disease and related dementias (ADRD) are neurodegenerative conditions characterized by progressive cognitive and functional decline. AD pathology is associated with extracellular amyloid-β plaques, intracellular tau neurofibrillary tangles, synaptic dysfunction, and neuronal loss. AD accounts for approximately 60–80% of dementia cases globally. In 2022, AD was the seventh leading cause of death in the United States, and the number of Americans aged 65 and older living with Alzheimer’s dementia is projected to increase substantially by 2060. Despite decades of research, AD/ADRD data resources remain fragmented across clinical, imaging, genetic, genomic, and therapeutic domains. This paper addresses that gap by providing …

A Fuzzy-Set Qualitative Comparative Analysis (Fsqca) Of Dynamic Capabilities And Microfoundations For Hyperscale Data Center Project Delivery, Arezou Shafaghat, Da Hu, Ali Keyvanfar

Faculty Articles

Hyperscale data center construction has become one of the largest concentrated capital flows in the global built-environment sector, with global hyperscale capital expenditure exceeding USD 230 billion in 2024 and the leading hyperscalers committing more than USD 325 billion for 2025. Generative artificial intelligence workloads have driven a structural shift in mechanical and electrical design, increased delivery-pace demands, and concentrated supply-chain pressure on a small number of specialist general contractors. This paper develops and tests a microfoundational model of dynamic capabilities for hyperscale data center project delivery using fuzzy-set Qualitative Comparative Analysis (fsQCA) on a sample of N = 18 …

Knowledge Of Advance Care Planning And Advance Directives Among Us Adults: Implications For Health Policy And Practice, Anisah Bagasra, Gretchen Agans

Faculty Articles

Background:

Objectives:

Robots, Ledgers, And Revpar: A Blockchain-Enabled Ai–Robotics Conceptual Model For Sustainable Hotel Revenue And Asset Management, Leonard A. Jackson

Faculty Articles

Introduction: Robotics and artificial intelligence (AI) are rapidly reshaping hospitality by automating frontline and back-of-house processes, augmenting service encounters, and expanding the analytical scope of revenue management. Yet, existing research remains fragmented: service-robot studies largely emphasize adoption and human–robot interaction, while revenue-management research prioritizes pricing and distribution, sustainability research focuses on environmental practices, and hotel real-estate scholarship foregrounds governance and asset value. Meanwhile, blockchain technologies—through distributed ledgers, smart contracts, digital identity, and tokenization—offer a complementary trust and value-transfer layer that can address coordination and verification problems across hotel ecosystems (e.g., data sharing, sustainability claims, and owner–operator contracting).

Methods: Drawing on …

The Difference A Year Makes: The Admissibility Of Expert Opinion Testimony Under The 2023 Amendment To Federal Rule Of Evidence 702, Daniel J. Capra, Liesa L. Richter

Faculty Articles

No abstract provided.

The Missing Constitutional Law Of Executive Conditions, Nicole Huberfeld, Matthew B. Lawrence

Faculty Articles

This Article contributes to the development of the constitutional law of executive conditions. The appropriations presidentialism of the second Trump Administration—the shift from bilateral executive/legislative cooperation and compromise in federal spending to executive unilateralism in defiance of congressional control—has forced courts into the administration of federal spending like never before. As a result, judges have been forced to confront legal questions that remained mostly dormant during the era of executive/legislative cooperation, including questions about the constitutionality of efforts to encourage through spending conditions what the federal government cannot mandate (or has not mandated) directly, like speech or silence on particular …

The Paradox Of Intellectual Property At The U.S. Supreme Court, Tonja Jacobi, Matthew Sag

Faculty Articles

The Supreme Court is dramatically more politically polarized in the Roberts Court era, and the justices have been criticized for highly ideological and partisan decision-making. Yet, we show that there is one area of law that is becoming less ideologically divided and predictable: intellectual property (IP). In an earlier study, we showed that, prior to the Roberts Court, IP case outcomes were predictable based on judicial ideology, with more conservative justices embracing IP rights, as they do for real property. In the last two decades, IP has become more influential on the economy and society, through the increasing dominance of …

A New Frontier For An International Right With No Frontiers: Freedom Of Expression & Generative Ai Outputs, Evelyn Aswad

Faculty Articles

As people debate whether the First Amendment protects generative AI outputs, we should also reflect on what the global freedom of expression standard has to say on the matter. This standard will affect discussions around national and regional regulatory approaches to generative AI throughout the world. In addition, global corporate responsibility standards call on companies to respect international human rights in their operations, which may also impact how businesses that provide generative AI services approach their activities.

I argue that the global free expression standard protects the rights of individuals to seek and receive information of any kind, including gen …

When Climate Change Forces Flight: Legal Duties In The Age Of Retreat, Mark P. Nevitt

Faculty Articles

In the face of climate-driven disasters, government officials and individuals alike must decide whether to invest in climate-exposed areas or retreat. This Article analyzes emerging legal and policy issues associated with both climate retreat (when the government relocates people and infrastructure away from climate-exposed areas) and abandonment (when individuals leave climate-exposed areas, following natural disasters or otherwise). I argue that government-driven climate retreat must consider four overlapping legal duties, raising novel questions in an era of climate destabilization. First, does the government have an affirmative duty to rescue its citizens, and is this duty transformed by the government’s role in …

The Forgotten Income-Attribution Power, Alex Zhang

Faculty Articles

Economic inequality stands at record levels, and constitutional law haunts egalitarian reform. In 2024, the Supreme Court decided the latest contest. Moore v. United States rebuffed an attempt to sharply limit the federal taxing power, as a razor-thin majority upheld Congress’s attribution of foreign corporations’ income to domestic shareholders. But four Justices criticized the reasoning of the majority, faulting its use of a fabricated doctrine.

This Feature provides a systematic account of Congress’s income-attribution power. It excavates overlooked litigation materials and case law from the infancy of the current federal income tax. In the 1920s and 1930s, litigants attacked, on …

How Ip Ends, David Fagundes, Aaron Perzanowski

Faculty 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 …

Do We Really Want Retired U.S. Supreme Court Justices Practicing Law? A Public Policy Critique To U.S. Supreme Court Term Limits, Michael J. Broyde, Hayden H. Hall

Faculty Articles

In its 2021 final report, the Presidential Commission on Judicial Reform discussed the merits of implementing term limits for Supreme Court justices. The Commission began by acknowledging that eighteen-year, non-renewable terms have considerable bipartisan support, including the support of both Conservative and Progressive scholars at the National Constitution Center, whose proposals for improving the Constitution included term limits for justices. They continued by weighing the pros and cons of implementing term limits via constitutional amendment or statute, addressing, in turn, the specifics of what these limits might look like—whether a twelve or eighteen-year term is preferable, how a transition from …

Supporting Comparative Studies Of Judicial Behavior: Introducing The Australian High Court Database, Patrick Leslie, Zoë Robinson, Russell Smyth, Tonja Jacobi

Faculty Articles

Comparative research on law and legal institutions depends on high-quality data infrastructure. This article introduces the Australian High Court Database—a new resource that encodes structured information on all full judgments of the High Court of Australia between 1995 and 2020, and all leave applications (Australia’s equivalent to petitions for certiorari) from 2003 to 2018. The database is built in accordance with core principles that support comparative research: it is adaptable, and comparable. By attending to jurisdictional specificity while adhering to general standards, the database supports both within-country analysis and cross-national comparison. We illustrate how the Australian High Court Database can …

The Empirical Double Standard: Opinion Surveys Across The Civil–Criminal Divide, Kay L. Levine, Bernard Chao

Faculty Articles

Across different legal domains, liability doctrines recognize the value of community input. But do courts truly listen to the community’s voice when deciding these sorts of cases? This study is the first to explore how courts treat community opinion survey evidence within both civil and criminal law. To that end, we comprehensively examine trademark, false advertising, patent, antitrust, obscenity, death penalty, and search cases.

Our research uncovers a significant asymmetry: Courts readily admit survey evidence in civil proceedings but systematically exclude it in criminal cases. This asymmetry does not appear to stem from structural differences between civil and criminal litigation …

Tariffs And The Progressive Fiscal Constitution, Lawrence J. Liu, Alex Zhang

Faculty Articles

For more than a century, progressive taxation has constituted the American fiscal state. A resurgent and expanding tariff regime, however, threatens that commitment to progressive distribution. Given the ongoing popularity of tariffs, this Article examines how they might be designed and administered in a way that mitigates their regressive distributive impact. The Article thus develops and assesses proposals to (1) vary tariff burdens in accordance with the consumption of imported goods, (2) reduce income- or payroll-tax burdens on lower-income households, and (3) earmark tariff revenue for specified spending programs. Although none is perfect, we seek to articulate possibilities and highlight …

Is Bruen The New Usery?, Tonja Jacobi, Cory Conley

Faculty Articles

In 2022, in New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court revolutionized the Second Amendment, achieving the long-held conservative goal of limiting gun restrictions by imposing an expansive, originalist view of the right to bear arms. However, within just three years, Bruen is showing cracks. Lower court judges are struggling mightily to apply it and are expressing their frustrations in exceptionally frank ways. And already the Supreme Court, in Rahimi v. United States, was forced to reconsider its approach. The Court has been here before, when it tried to revitalize the Tenth Amendment in …

Reclaiming Constitutional Authority Of Algorithmic Power, Yiyang Mei, Michael J. Broyde

Faculty Articles

Whether and how to govern AI is no longer a question of technical regulation. It is a question of constitutional authority. Across jurisdictions, algorithmic systems now perform functions once reserved to public institutions: allocating welfare, determining legal status, mediating access to housing, employment, and healthcare. These are not merely administrative operations. They are acts of rule. Yet the dominant models of AI governance fail to confront this reality. The European approach centers on rights-based oversight, presenting its regulatory framework as a principled defense of human dignity. The American model relies on decentralized experimentation, treating fragmentation as a proxy for democratic …

The Law Of Quitting, Andrew K. Jennings

Faculty Articles

Throughout life, people enter countless positions of authority and trust in relation to one another and the public. These positions include, among many others, being a public official, being a corporate director, and being an employee. Law announces prerequisites for starting such positions, as well as incumbents’ rights and obligations once in them. But no office holds forever. Indeed, incumbents often choose to exit positions before they would otherwise end by expiration, removal, or death. Yet law governs such voluntary relinquishment—often called “resignation” or, more generically, “quitting”—largely as afterthought. That is, law expansively attends how positions of authority and trust …

The Federal Rules Of Evi-Dance: Exploring And Reimagining Evidence Law Through Music, And Proposing Amendments To Rule 604, Brian C. Potts

Faculty Articles

Every trial has a rhythm and a flow. Every trial is a performance. This article extends the literature on law and music further into the field of evidence. I offer a new exploration and reimagining of the Federal Rules of Evidence through leitmotivs. I contend that leitmotivs—musical calling cards—reify principles of evidence law. As I spin these leitmotivs, I propose two amendments to Rule 604 regarding the oath for courtroom interpreters. I propound a new critique explaining how and why courts are wrong when they often claim “Daubert did not work a ‘seachange’ over federal evidence law.” I tender two …

Parity In Practice: The Defender's Duty To Ethically Use Ai, Mason R. Clark

Faculty Articles

This white paper provides a framework for ethical and practical AI use across all types of criminal defense practice, grounded in the ABA Model Rules of Professional Conduct and best practices as described by practitioners, academics, and other experts. While AI tools can meaningfully improve efficiency and expand analytical capacity, those benefits are highly contingent on tool selection, implementation, and oversight. The white paper also recognizes that cost, access to training, and institutional resources remain significant barriers — particularly for solo practitioners, small firms, and under-resourced public defense offices — and discusses AI throughout as a set of tools whose …

Timing Whistleblowing, Andrew K. Jennings

Faculty Articles

Whistleblower programs (WBPs) expose hidden corporate wrongdoing. They do so by offering retaliation protection and financial bounties to those who bring original information to law enforcement about unseen, and often complex, misconduct. Under a standard account, whistleblowing serves the public interest by increasing the ex post detection of illegal activity and the ex ante risk of its exposure. That standard view—which centers whistleblowing on detecting wrongdoing—is incomplete, however. To present a fuller view, this Article introduces a complementary model that refocuses whistleblowing as preventing wrongdoing. Working together, these models show that a WBP can do more than enable detection at …

Certiorari Transparency, Alexandra L. Klein, Michael L. Smith

Faculty Articles

Amid increasing controversy over the Supreme Court’s amassing of power, rejection of precedent, reliance on the shadow docket, and Justices’ undisclosed acceptance of lavish gifts, legal scholars, commentators, and politicians have called for bold and far-reaching reforms to the Court, including term limits for Justices, stripping the Court of jurisdiction in certain cases, and adding Justices to the Court. This Article proposes a more subtle reform to the Court’s proceedings: the Court should make its certiorari de-terminations, in which it decides which cases to take up and review, public. Currently, the Court exercises near-complete discretion over the cases it decides …

The Rhetoric Of Law In Executive Order No. 12,333, Noah C. Chauvin

Faculty Articles

Scholars have long disputed the extent to which Congress may permissibly regulate the nation's foreign intelligence apparatus. Positions in this debate range from the view that Congress and the President share power over intelligence to the opinion that intelligence matters fall within the President's exclusive Article II authority. This Article examines the extent to which the text of Executive Order No. 12,333-the intelligence community's governing charter-supports the most expansive conceptions of presidential authority over intelligence matters. It concludes that the Order is best understood as recognizing Congress's power to pass laws governing the conduct of intelligence-laws that preclude executive refinement …

Michael Scott Is Not A Juror: The Limits Of Ai In Simulating Human Judgment, Sean Harrington, Hayley Stillwell

Faculty Articles

Can AI replace human jurors? More specifically, can large language models predict how jurors interpret evidence and reach decisions based on legally salient facts and demographic characteristics? As legal scholars and practitioners increasingly explore AI-generated jury simulations, this Article offers the first empirical test of whether models like GPT-4, Claude, and Gemini can faithfully replicate juror reasoning. The answer, for now, is no. Across a series of mock trial scenarios involving redacted confessions, GPT- 4, Claude, and Gemini repeatedly failed to replicate how real jurors interpret evidence or exercise judgment. Their errors were not random, but systematic. Hidden prompts, built-in …

Excluded At The Root: Health Insurance Discrimination Against Hair Loss Conditions, Stacey A. Tovino, Tracy Hresko Pearl

Faculty Articles

No abstract provided.

The Unconstitutional Attempt To Criminalize Naming Ice Agents, Noah C. Chauvin

Faculty Articles

Some members of Congress propose to make it a crime to publish the name of a federal official with the intent of obstructing that official’s law or immigration enforcement duties. This Essay considers whether the lawmakers’ bill, the Protecting Law Enforcement from Doxxing Act, is consistent with the First Amendment. It is not.

Sanctioning Lawyer-Criminals, John J. Lee

Faculty Articles

Until now there has been relatively little consideration given to disciplinary agencies’ sanctioning of lawyers who commit or are convicted of crimes, so called “lawyer-criminals.” This is likely because most assume that these offenders make up a tiny percentage of disciplinary cases. It also may explain why jurisdictions continue to employ disparate approaches regarding what types of criminal conduct warrant professional intervention, the appropriate sanctions to impose on lawyer-criminals, and whether lawyers convicted of certain offenses should be automatically excluded from practice.

This Article makes three primary contributions to the discourse on reforming professional lawyer regulation to protect the public …