Digital Commons Network^™

To The Hague And Beyond: The Shifting Terrain Of International Criminal Justice, Leila Nadya Sadat, Valerie Oosterveld, Sharon Weil, Nancy Combs, David Crane

Faculty Publications

Panel of international criminal law experts speak about the areas in which they work.

Developer Perspectives On Licensing And Copyright Issues Arising From Generative Ai For Software Development, Trevor Stalnaker, Nathan Wintersgill, Oscar Chaparro, Laura A. Heymann, Massimiliano Di Penta, Daniel M. German, Denys Poshyvanyk

Faculty Publications

Despite the utility that Generative AI (GenAI) tools provide for tasks such as writing code, the use of these tools raises important legal questions and potential risks, particularly those associated with copyright law. As lawmakers and regulators respond to these questions, the views of users can offer relevant perspectives. In this article, we provide: (1) a survey of 574 developers on the licensing and copyright aspects of GenAI for coding, as well as follow-up interviews; (2) a snapshot of developers’ views at a time when GenAI and perceptions of it were rapidly evolving; and (3) an analysis of developers’ perspectives, …

Firearms And Fora: Constructing Public Carry Doctrine, Timothy Zick

Faculty Publications

Where can a person lawfully carry firearms in public? Under what conditions can they do so? Now that the Supreme Court has formally recognized a Second Amendment right to public carry, these are among the most important unresolved questions regarding the right to bear arms. The Second Amendment’s public carry doctrine is in its infancy. How the doctrine develops will have a profound impact on the exercise of Second Amendment rights in public places and on the public square. Integrating a new constitutional right into the public square is not a novel problem. After the Supreme Court recognized First Amendment …

The Specter Of Jury Nullification, Anna Offit

Faculty Publications

Attention to the trial of Luigi Mangione has renewed debate about nullification—the jury’s inviolate power to acquit a defendant contrary to the evidence presented. Jury nullification proponents hold that it is a mechanism of last resort for refusing to apply laws that conflict with the public conscience. Opponents, by contrast, argue that nullification undermines the law by diminishing its legitimacy. To prosecutors and defense attorneys, however, these arguments are immaterial: Jury nullification is part of the institutional landscape of the contemporary jury trial and thus must be treated as a potentiality—a feature of the agnostic, strategic, and ethical terrain of …

The Executive's Takeover Of Independent Agencies: How Institutional Design Gave Way To Political Will, Neal Devins

Faculty Publications

The anticipated demise of the independent agency is a saga that implicates Congress as much as it does the President or the Supreme Court. By capitulating to presidential initiatives and failing to defend their institutional prerogatives, Congress has facilitated presidential control of the administrative state. Indeed, irrespective of whether the Court formally repudiates Humphrey’s Executor, Congress has largely acquiesced to a regime whereby presidents essentially control independent agencies. By highlighting the competing incentives of Congress and the White House, this Essay explains the rise of presidential unilateralism vis-à-vis independent agencies. This Essay also casts light on a critically important but …

The Police Archipelago: Decentralization, Police Violence, Over-Punishment, And Crime, José F. Girón

Faculty Publications

A strong consensus has taken hold in the legal academy. Criminal Justice Localism, espoused by scholars of every stripe, promotes greater local control of every facet of the criminal justice system. But Criminal Justice Localism largely overlooks an institution that plays a critical role in the criminal justice system, and which has been the subject of intense public criticism: the police. That oversight is remarkable for two reasons. First, calls for increased local control of the police seem to ignore that America operates one of the most—if not the most—decentralized policing models in the world, with its thousands of local, …

Thriving In The Middle: The Role Of Mindfulness, Psychological Capital, And Supervisor Support For Assistant Principals, Susan Kim, Peter Williams, Mei Jiang, Teresa Farler

Faculty Publications

Purpose: This study investigates the well-being of public-school assistant principals by examining how socio-cognitive mindfulness (SCM), psychological capital (PsyCap), tenure, and perceived supervisor support (PSS) contribute to their experience of thriving, a construct reflecting overall well-being.

Design/Methodology: This cross-sectional quantitative study explored the mediating role of PsyCap, PSS, and tenure in the relationship of SCM and thriving among public school assistant principals in Texas.

Findings: SCM, PsyCap, and PSS were all positively associated with holistic thriving. PsyCap fully mediated the relationship between SCM and thriving, but PSS did not mediate it. This study identified a portable resource-building route (SCM → …

Excellence In Onboarding: A Case Study Of Campus Leader Support For Early-Career Teachers, Kelsey Bowles, Peter E. Williams, Alicia Piechowiak

Faculty Publications

Purpose: It is critical in industries experiencing labor shortages and high attrition rates, as is the case for early-career teachers (ECTs) in Texas, to understand effective early-career supports and how they contribute to career persistence and effectiveness. This study examines the context-specific onboarding experiences of ECTs and the leadership practices they found valuable.

Design/Methodology: This qualitative, collective case study used a positive deviance approach to examine teacher onboarding experiences. Located in a high-needs, urban public-school campus with atypically low teacher turnover and high student academic achievement. We interviewed eight mid-career teachers about their early-career experiences of supervisor and organizational …

Teaching Evolution After Kennedy And Mahmoud, Alexander Gouzoules

Faculty Publications

One of the longest running disputes at the intersection of education law and the First Amendment has involved conflict over evolutionary biology in American public schools. Through a century of nearly continuous litigation, creationist legislation and parental demands to exempt students from science instruction have been constrained by longstanding First Amendment doctrines.

That settlement is now unraveling. In Kennedy v. Bremerton School District, the Supreme Court abandoned its prior approach to the Establishment Clause in favor of a history-and-tradition analysis that is ill-suited to questions about modern scientific education. And in Mahmoud v. Taylor, the Court held that students' compulsory …

Investigation Expenses, Ryan Vacca

Faculty Publications

Misappropriating trade secrets is usually done in secret. After all, those taking another’s trade secret in violation of state and federal law rarely openly tout their misdeeds. As a result, trade secret owners do not always immediately realize that their trade secret has been misappropriated and must spend significant resources investigating whether misappropriation has occurred and, if so, by whom and to what extent.

An important question frequently arising over the last several years but overlooked in the scholarly literature is whether a trade secret owner’s investigation expenses are recoverable as “actual loss” under state and federal trade secret laws. …

Artificial Intelligence, Judicial Evolution, And Insurance, Renee Henson

Faculty Publications

AI-driven platforms have the potential to inflict traditional injuries in new ways. Proprietary algorithms trained on large volumes of personal data can cause mental, emotional, and sometimes physical injuries via conversational exchanges, harmful content recommendations, and the promotion of extremist content. This "algorithmic liability" fundamentally challenges existing legal doctrines and statutory protections, thereby exposing deficiencies in current insurance coverage frameworks. 

Historically, courts dismissed algorithmic liability claims early in litigation, invoking Section 230 immunity and First Amendment protections, and resisted classifying algorithmic tools as "products" for the purposes of products liability law. Recent jurisprudence, however, signals a critical turning point. On …

Cisheterosexism In Lgbtqia+ Health Resource Guides, Vanessa Kitzie, Olivia Reed, Amirezza Kalantari

Faculty Publications

Cisheterosexism in LGBTQIA+ Health Resource Guides Vanessa Kitzie, Amirezza Kalantari, Olivia Reed University of South Carolina, School of Information Science [email protected] Limited healthcare resources lead many LGBTQIA+ people to peer networks, often accessed via search engines to find community-created health resource websites [1–3]. Academic library guides benefit privileged LGBTQIA+ identities [4], but little is known about community guides, which may reinforce cisheterosexist narratives, causing stigma and stress [5, 6]. This study addresses this gap by scraping Google results for LGBTQIA+ health resources across US states, examining how cisheterosexism shapes health topics, geography, and representation of LGBTQIA+ populations. We hypothesize that …

A New Kind Of Muslim?: Islamic Identity, Digital Media And Youth In Oman, The "Switzerland Of The Middle East.", Paulo C. Oliveira

Faculty Publications

No abstract provided.

Out Of The Office: Market Impacts Of Institutional Investor Distraction, S. Owen Davidson, Michael S. Drake, James R. Moon Jr., James D. Warren

Faculty Publications

Research has long recognized that institutional investors possess significant information processing advantages. Yet even these investors face limited attention constraints, implying that periods of distraction may attenuate their advantage. We examine the effects of a plausibly exogenous shock to institutional attention arising from the annual buy-side focused Equity Research and Valuation (ERV) conference for Chartered Financial Analysts on institutions’ information processing. Validation tests using conference call data indicate that fewer buy-side analysts are present on calls during ERV conferences and that questions are shorter, consistent with the presence of substitute or backup analysts. In our main analyses, we find that …

Governing The Digital Commons, Madelyn Rose Sanfilippo, Brett Frischmann, Michael J. Madison, Katherine J. Strandburg

Faculty Publications

The digital commons, as the coproduction of data, digital cultural products, and community, raise a variety of governance issues. From questions of participation, including voice mechanisms, to the legitimacy of decision-making or ownership, to specific action arenas, governance is complex and dynamic, reflecting the characteristics of the networks in which these commons are situated. This mini-track explores governance challenges and solutions across an array of case studies to highlight governance failures and solutions, many of which focus on reconciling the intersections of different action arenas and aligning policies with contextual norms.

Challenging Agency Deregulation, Todd S. Aagaard

Faculty Publications

The administrative state is experiencing two seismic shifts. First, in recent years, the Supreme Court has issued a series of decisions that significantly curtailed the powers of administrative agencies. Second, President Donald Trump is using administrative agencies to aggressively deregulate in his second term. The conventional wisdom is that the Supreme Court’s recent precedent will facilitate the Trump Administration’s deregulatory agenda.

This Article argues the opposite. Instead of promoting agency deregulation, recent Supreme Court precedent restraining agency authority provides a potentially powerful basis for challenging agency deregulation as administrative overreach. Time and time again, the Court has taken agencies to …

Developmental Themes Associated With Religious Activity After Early Return From A Latter-Day Saint Mission, Samuel E. Hancock, Sam A. Hardy, Michael Goodman, Camron Angell, Jenae M. Nelson

Faculty Publications

In the Church of Jesus Christ of Latter-day Saints, qualified young men are expected (and young women are given the option) to complete extended missionary service during the transition to adulthood. Some youth end their missionary service short of the anticipated duration, which is associated with markedly lower rates of religious activity post-return. This study is a qualitative inquiry into the developmental themes associated with early returned missionaries from the Church of Jesus Christ of Latter-day Saints who chose to remain active (be consistently involved with the church), sampling from areas with high rates of Latter-day Saint activity, where stigmatization …

Governing By Fragments: Soviet Ruins And The Architecture Of Unaccountability In Kazakhstan, Robert A. Kopack, Magdalena E. Stawkoski

Faculty Publications

This article examines two case studies in Kazakhstan with research into how Soviet institutional legacies underwrite extractive economies that render toxic costs invisible in post-Soviet setting. Through ethnographic work in Stepnogorsk (uranium processing) and the Semipalatinsk Test Site (nuclear weapons testing), we extend Gabrielle Hecht’s residual governance framework to demonstrate how inherited bureaucratic compartmentalization now serves market rather than state interests. We introduce the concept of functional nonreform to describe how distributed actors maintain Soviet-era boundaries that prevent accountability: Agencies monitor but don’t enforce, health authorities lack jurisdiction over contaminated sites, and environmental agencies measure radiation but cannot restrict land …

Gendered Words And Patent Grant Rates: A Textual Analysis, Deborah R. Gerhardt, Miriam Marcowitz-Bitton, W. Michael Schuster, Avshalom Elmalech, Omri Suissa, Moshe Mash

Faculty Publications

Text is a vehicle to convey information that reflects the writer’s linguistic style and communication patterns. By studying these attributes, we can discover latent insights about the author and their underlying message. This article uses such an approach to better understand patent applications and their inventors.

While prior research focuses on patent metadata (i.e., filing year or gendered inventor names), we employ machine learning and natural language processing to extract hidden information from the words in patent applications. Through these methods, we find that inventor gender can often be identified from textual attributes—even without knowing the inventor’s name. This ability …

Who's Afraid Of Copyright And Ai?, Deborah R. Gerhardt

Faculty Publications

Copyright and AI need not be a copyright no man’s land. Recent decisions by the Copyright Office have gotten so much media attention that many creators are unsure if they can secure copyright protection if they use AI as a creative tool. The proposed creative control paradigm can help us all tackle the challenge of determining when works created with the assistance of AI are copyrightable. Instead of relying on long-established nuanced precedent for protecting works generated with new technology, the Copyright Office asserts that any content generated with assistance from AI tools is unprotectable. This position is radically inconsistent …

Can You Hear Me Now?, Daniel Gonzalez, Amanda Moore

Faculty Publications

No abstract provided.

The Measure Of Librarianship: How Accessibility, Compassionate Service, And Practical Action Reveal The Heart Of Adventist Librarianship, Zorislav Plantak

Faculty Publications

No abstract provided.

Ai And Creativity, Herbert Midgley

Faculty Publications

This article argues that artificial intelligence is best understood as a tool in continuity with earlier technologies like digital cameras, non-linear editing, MIDI, and desktop publishing, rather than as a magical threat that will erase creativity or employment. Drawing on historical shifts from film to digital video, manual paste‑up to graphic design software, and acoustic instruments to synthesizers, the author shows that new tools disrupt workflows and certain jobs, yet ultimately broaden access and generate new creative opportunities. Concerns about AI’s resource use are contextualized by comparing its water footprint to bottled water, agriculture, beef production, and textiles, concluding that …

Metal Exposures And Their Interactions With The Dietary Inflammatory Index On Inflammatory Biomarkers In Mexican Adolescents, Yanelli Rodríguez-Carmona, Ana Baylin, Peter X.K. Song, Edward Ruiz-Narvaez, Cindy W. Leung, James Hébert Scd, Nitin Shivappa Mbbs, Mph, Ph.D., Michael David Wirth Msph, Phd, Face, Aljandra Cantoral, John D. Meeker, Niladri Basu, Martha María Tellez-Rojo, Karen E. Peterson, Sung Kyun Park

Faculty Publications

Background:

Heavy metals, like lead, arsenic, and cadmium, are linked to increased inflammation even in early life; however, anti-inflammatory diets may offset these effects.

Methods:

We evaluated associations between heavy metals and inflammatory biomarkers, and potential effect modification by diet in 399 adolescents aged 10 to 18 at baseline who attended two study visits 2 years apart (773 observations). At baseline, blood lead, urinary arsenic, and cadmium concentrations were measured, and the Children’s Dietary Inflammatory Index (C-DII) was calculated. Fasting serum interleukin (IL)-4, IL-10, IL-1β, IL-6, IL-8, high-sensitivity C-reactive protein, and tumor necrosis factor-alpha were measured for both visits. Generalized …

Rogue Artificial Intelligence, Science Fiction, And The Law, Kerry L. Macintosh

Faculty Publications

No abstract provided.

Fabrication And Evaluation Of Large Alumina Crucibles By Vat Photopolymerization Additive Manufacturing For High-Temperature Actinide Chemistry, R. Joey Griffiths, Christy Santoyo, Jean-Baptise Forien, Bradley Childs, Andrew J. Swift, Andrew Cho, Alexander Wilson-Heid, George Ankrah, Devin Rappleye, Aiden A. Martin, Jason Jeffries, Kiel Holliday

Faculty Publications

Additive manufacturing (AM) offers opportunities to advance the design and function of ceramic tooling in high temperature actinide pyrochemistry. In technical ceramics such as alumina, conventional forming techniques often restrict design flexibility and can limit experimental progress. In this study, we investigate the use of vat photopolymerization (VP) with commercial resins to fabricate large-scale alumina crucibles, reaching dimensions up to 125 mm, which is significantly larger than typically reported for dense VP ceramics. Notably, these additively manufactured components are produced using consumer-grade hardware, which limits process control, but offers significant upside in scalability and accessibility. Using microscopy and X-ray computed …

Hurricanes And Human Health In Louisiana: Insights From Hurricanes Laura, Delta, And Ida, Shobha Kumari Yadav, Robert V. Rohli, M. E. Betsy Garrison, Elisabeth Ponce-Garcia, Nazla Bushra, Charleen Mcneill

Faculty Publications

Louisiana is one of the most disaster-prone states, with hurricanes ranking among the most destructive hazards. Hurricanes impede sustainability by straining hospital infrastructure, overwhelming emergency departments, and disrupting continuity of care. Louisiana’s healthcare system, characterized by high uninsured rates, limited rural access, and notable racial and socioeconomic disparities, is particularly vulnerable during disasters. This research explores trends of mental and respiratory health in Louisiana surrounding Hurricanes Laura (2020), Delta (2020), and Ida (2021). Analysis reveals a substantial increase in admissions after landfall of all three storms, with mental health conditions showing a larger surge than respiratory ones in already-vulnerable communities. …

Missing Children Discrimination, Itay Ravid, Tanisha Brown

Faculty Publications

The problem of missing children in America—many of whom are victims of crime—has haunted society for decades. In response, a range of laws and policies have emerged, culminating in the nationwide adoption of the AMBER Alert system in the early 2000s. While often hailed as a success, this Article reveals a sad truth: Not all children benefit equally from AMBER. In particular, missing Black children are systematically underserved by the system, which ultimately contributes to the disproportionate impact of the missing children crisis on Black communities. While this issue received limited scholarly attention, states have recently started recognizing it. In …

Hide And Seek: Offshore Financial Centers And Targeted Sanctions, Menevis Cilizogula, Chelsea Estancona

Faculty Publications

The movement of capital across borders has never been easier, as evidenced by the recent proliferation of offshore financial services. But these services are a double-edged sword: while boosting economic efficiency, they can also facilitate illicit financial activity. In this paper, we discuss the symbiotic relationship between financial liberalization and the pursuit of financial anonymity by secrecy-seeking actors. We examine a hide-and-seek dynamic between governments increasing monitoring of international finance and actors seeking anonymity via offshore financial centers. Under what conditions can international financial monitoring have the unintended consequence of increasing the use of poorly regulated and opaque offshore financial …

Esg Performance Evolution In Retail: A Systematic Review And Meta-Analysis, Jiyeon Kim Ph.D., Wooyoung Yang

Faculty Publications

Environmental, social, and governance (ESG) practices have transformed from peripheral corporate social responsibility initiatives into core strategic imperatives in retail. Despite growing interest, the literature remains fragmented across disciplines and geographic contexts, with no comprehensive sector-specific analysis examining the evolution of ESG performance in retail contexts. Following the PRISMA 2020 guidelines, we conducted a systematic review and meta-analysis of 127 empirical studies published between 1988 and 2024 across major databases. Random-effects models assessed ESG-performance relationships, while stakeholder theory, the resource-based view, and Consumer Behavior frameworks explained the underlying mechanisms through temporal and subsectoral analysis. ESG practices demonstrate significant positive correlations …