Digital Commons Network^™

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 …

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 …

Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights, Tara Van Ho

Faculty Articles

Insulation produced by the Danish company Rockwool—or its Russian subsidiary—lines thirty-one Russian Navy warships. Though not a weapon, this material is essential to the vessels’ operation. Did Rockwool have a responsibility under international law to stop the transfer of the insulation to the Russian Navy before Russia’s 2022 invasion of Ukraine? This article examines the business responsibilities under the 2011 United Nations Guiding Principles on Business and Human Rights (“UNGPs”). In doing so, the article finds that the business responsibility to respect human rights in the UNGPs provides a strong mechanism for enforcing international humanitarian law (“IHL”). However, it requires …

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 …

Marital Status And Human Rights, Jessica Tueller

Faculty Articles

Although human rights law has established a clear prohibition on discrimination based on marital status, this prohibition is vastly underutilized. This Article argues that increased attention to human rights law's prohibition on marital status discrimination, accompanied by clearer, more consistent, and more robust analysis of this phenomenon, is needed to ensure that everyone whether they choose to remain unmarried or to marry, whether they file for divorce or are widowed-continues to have and enjoy the same human rights and fundamental freedoms as any other person throughout their lifetime. This Article specifically recommends a focus on harmful marital status stereotypes that …

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 …

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.

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 …

Generative Ai And The Purpose Of Legal Scholarship, Michael L. Smith

Faculty Articles

What does generative artificial intelligence mean for the future of legal scholarship? The topic has been the talk of the town around academic watercoolers. Some legal scholars have tried their hand at producing legal scholarship using generative Al. The accompanying commentary is varied, but advocates for the technology suggest that generative Al may become a common tool for legal scholars, leaving those who refuse to adapt at a severe disadvantage.

In this article, I contemplate a world in which legal scholars routinely use generative Al to produce academic writing. I argue that an instrumental view of legal scholarship's value-a view …

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 …

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 …

Species Of State Constitutional Lockstepping, Michael L. Smith

Faculty Articles

When interpreting state constitutional provisions, state courts frequently take a "lockstep" approach by adopting the United States Supreme Court's interpretation of analogous federal constitutional provisions. Critics often portray lockstep interpretation as misguided and have identified varieties of lockstepping, including unreflective, reflective, prospective, and methodological lockstep interpretation. This Article contributes to these discussions by identifying several additional forms of lockstep interpretation that have thus far gone undiscussed: lazy, mandatory, atextual, and sticky lockstepping.

Several of these variations highlight distinct failures of state courts to independently interpret state constitutions. This includes lazy lockstepping, where state courts tend to engage in repeated, thoughtless …

Parity In Practice: The Defender's Duty To Ethically Use Ai, Marson 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 …

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 …

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

Faculty Articles

No abstract provided.

Critical Success Factors For An Effective Security Risk Management Program: An Exploratory Case Study, Jason A. Williams, Humayun Zafar, Saurabh Gupta

Faculty Articles

This paper evaluates the perceived effectiveness of the security risk management (SRM) programs at a Fortune 500 firm. Layers of management and staff participated in the study. Perceived effectiveness of their SRM programs was based on nine critical success factors (CSFs). Interviews confirmed six initial CSFs (Executive Management Support, Organizational Maturity, Open Communication, Risk Management Stakeholders, Team Member Empowerment, and Holistic View of an Organization) that were extracted from the literature. They were confirmed and synthesized with three additional CSFs (Security Maintenance, Corporate Security Strategy, and Human Resource Development). Implications for SRM are discussed.

In-Silico Assessment Of Aortic Valve Function And Mechanics Under Hypertension, Jason A. Shar, Philippe Sucosky

Faculty Articles

Introduction: Calcific aortic valve disease (CAVD) is the most common heart valve disorder. While hypertension is a major risk factor, the mechanisms by which elevated blood pressure contributes to calcification are largely unknown. Given the established sensitivity of aortic valve (AV) tissue to mechanical cues, hypertension may subject AV leaflets to a stress state conducive to CAVD. To address this hypothesis, the objective of this study was to compare AV function and mechanics under normotensive (NTN, 120/ 80 mmHg), pre-hypertensive (preHTN, 125/80 mmHg) and hypertensive (HTN, 130/90 mmHg) conditions using fluid-structure interaction modeling.

Methods: AV flow and leaflet dynamics were …

Studying The Difference Between Mapping Accuracy Of Non-Rtk Ultra-Lightweight And Rtk-Enabled Survey-Grade Drones, Mostafa Arastounia

Faculty Articles

This study compares the mapping accuracy of a non-RTK ultra-lightweight drone (DJI Mini2) with two survey-grade RTK-enabled drones (DJI Mavic3E and Phantom4) in three different sites. Flight parameters and weather conditions were the same on each site. The outputs were orthomosaics and digital surface models, whose accuracies were inspected by descriptive statistics and variance analysis tools. The data of the ultralight drone on the first site could not be processed due to strong wind, but its results for the second site (11 hectares) were comparable to those of survey-grade drones, i.e., the range and average of checkpoint errors for Mini2 …

Law Enforcement, Reproductive Health Information, And The Hipaa Privacy Rule, Stacey A. Tovino

Faculty Articles

On April 26, 2024, the federal Department of Health and Human Services (HHS) promulgated a final rule (Final Rule) amending the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The Final Rule prohibits HIPAA covered entities and business associates from using and disclosing protected health information (PHI) to conduct criminal, civil, or administrative investigations into an individual for the mere act of seeking, obtaining, providing, or facilitating lawful reproductive health care. The Final Rule also prohibits HIPAA covered entities and business associates from using and disclosing PHI to impose criminal, civil, and administrative liability on any individual, or to …

Restorationland: The Lost And Found Objects Of Atlanta's Doll's Head Trail, Thomas Fish

Faculty Articles

The Doll’s Head Trail is a grassroots, low-art installation nestled within a Southeast Atlanta wildlife preserve. Constructed by volunteers and visitors from decades of environmental debris, the trail converts waste into folk art-inspired “junk” displays. The creative upcycling ranges from a miniscule shrine to “Toxic Masculinity” to a stark shoe pile commemorating child gun violence. This article details how queer theory’s “temporal turn” provides insights into material performance as collaborative regeneration. The curious vignettes playfully invert hierarchies, revealing the merits of small-time memorialization. Through these defiantly unofficial grassroot performances, the Doll’s Head Trail both remembers and restores community ruins, demonstrating …

Agricultural Biotechnology In The Courts: Judicial Opinions And Commentary, Drew L. Kershen

Faculty Articles

Seven jurisdictions from around the world have issued judicial opinions that address fundamental issues about the governance and regulatory systems of agricultural biotechnology. This article summarizes these legal proceedings and describes their impact upon agricultural biotechnology. The article then provides a commentary and critique of the legal proceedings and resulting judicial opinions.

Unpacking Digital Transformation – Constructing A Framework Based On Industry Use Cases, Khawaja Asjad Saeed, Andrew William Green, Alison Brooke Hedrick

Faculty Articles

Based on industry use cases, we identify six distinct types of digital transformation (DT), each grounded in a specific concept or enabling technology. These DT types can be implemented individually or combined to drive transformation initiatives. While deploying a single DT type often focuses on improving operational efficiency or streamlining existing workflows, initiatives that combine multiple DT types tend to pursue more ambitious goals, such as the creation of new products, services, or business models. However, the complexity increases significantly with the integration of multiple DT types, as organizations must not only address behavioral changes but also overcome technical challenges …

Do People Judge Sexual Harassment Differently Based On The Type Of Job A Victim Has?, Carolyne Georgiana Halfon, Destiny Mccray, Danica Kulibert

Faculty Articles

Victims of sexual harassment report facing barriers and retaliation for reporting their sexual harassment. The current study assessed one potential reason for these issues: perceptions of sexual harassment events. Participants (N = 427) read about different sexual harassment events and were told that the woman in the event worked with a masculine (e.g., EMT, school police officer, plumber) or feminine job (e.g., nurse, teacher, cleaning staff). Across three different sexual harassment claims (e.g., unwanted romantic attention, physical groping, being shown sexually explicit images), participants reported that women in masculine jobs were less prototypical women than women in feminine jobs. Furthermore, …