Digital Commons Network^™

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 …

Participation, Danielle M. Pillet-Shore

Faculty Publications

What does it take to participate in direct, naturally occurring social interaction? Conversation analytic (CA) studies reveal that “participation”—who participates, when, and how—is dynamic and locally, multimodally achieved by the people involved. Particularly in social situations when people are concurrently accessible to one another’s naked senses (Goffman, 1964), co-participation is enabled and performed through embodied and vocal resources including talk, gaze, facial displays, body orientation/posture, proximity, and gestures (e.g., M. H. Goodwin, 1999; C. Goodwin & M. H. Goodwin, 2005; Pillet-Shore, 2010; Sidnell, 2009). Using a multimodal CA lens, this chapter illuminates how “participation” is achieved in real-time, naturally occurring …

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 …

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.

Against Doctrinal Siloing: Harmonizing Fiscal Federalism And The U.S. Constitution, David Gamage, Darien Shanske

Faculty Publications

This Essay argues that constitutional law’s treatment of fiscal federalism has fractured into a bewildering collection of doctrinal silos. Federal spending that pressures states, federal preemption of state taxes, the Dormant Commerce Clause, sovereign immunity, Section 5 of the Fourteenth Amendment, and the federal taxing power are all analyzed through distinct tests, even when they implicate the same basic conflict between federal authority and state fiscal autonomy. The result is not just theoretical confusion but inconsistent constitutional answers. Current doctrine can protect states from comparatively modest liabilities while leaving uncertain whether Congress may displace large swaths of state revenue authority. …

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 …

Serum Protein Signatures For Breast Cancer Detection In Treatment-Naïve African American Women Using Integrated Proteomics And Pattern Analysis, Padma Tadi Uppala, Elmer Rivera, Hyun J. Kwon, Sharon S. Lum

Faculty Publications

Breast cancer is the leading cause of cancer-related mortality in African American (AA) women. In this study we evaluated the serum proteomic profile of AA women with breast cancer using an integrated proteomic framework with multivariate pattern analysis. Using 2D-DIGE, thousands of serum protein spots were detected across 33 gels; 46 spots met criteria for presence, statistical significance, and differential expression. Proteins from the spots were identified by MALDI-TOF/TOF and matched in curated databases, highlighting serum biomarkers including ceruloplasmin, alpha-2-macroglobulin, complement component C3 and C6, alpha-1-antitrypsin, alpha-1B-glycoprotein, alpha-2-HS-glycoprotein and haptoglobin-related protein. LC-MS/MS analysis revealed 163 differentiating peptides after imputing and …

Who Invests In Crypto? Revealed Types And Economic Drivers Of Retail Investment, Darren Aiello, Scott R. Baker, Tetyana Balyuk, Marco Di Maggio, Mark J. Johnson, Jason Kotter

Faculty Publications

Using transaction-level data from millions of U.S. households, we provide the first comprehensive characterization of retail cryptocurrency investment. Crypto investors are distinguished not by demographics but by a latent behavioral type revealed through consumption patterns—one that also predicts higher participation in traditional equity brokerages. The economic forces driving crypto investment, including income shocks, workplace peer effects, and inflation exposure, mirror those driving traditional investment. Crucially, households whose consumption matches the crypto-investor profile are more responsive to all these drivers across both asset classes, suggesting that investor type is a more relevant distinction than asset class.

An Algorithm For Extracting Bathymetry From Icesat-2 Data That Employs Structure And Density Using Concentric Ellipses, Yuri Rzhanov, Kim Lowell

Faculty Publications

The ICESat-2 satellite collects LiDAR data along linear orbital tracks using a photon-counting green wavelength (532.27 nm) instrument. The utility of combining ICESat-2 data with satellite imagery for training and subsequently applying satellite-derived bathymetry models to provide estimates of shallow water depth is well-established. However, automating and improving the accuracy of the identification of ICESat-2 photon events (PEs) representing bathymetry remains a challenge. This article presents an algorithm for automated extraction of PEs reflected from the ocean floor (rather than the ocean surface or noise in the water column). The algorithm is unique in examining both the density of PEs …

Sexual And Bystander Harassment Among Part-Time Employees: Effects On Work Attitudes, Stress, And Withdrawal, Robert T. Hitlan

Faculty Publications

This study investigated the impact of sexual and bystander harassment experiences on work attitudes, stress, withdrawal, and psychological well-being of part-time employees. Participants included 314 female employees who worked part-time in their organizations. All participants completed a computer-administered workplace experience survey assessing various aspects of their work environment, including personal and bystander harassment experiences, work-related attitudes (supervisor satisfaction, coworker satisfaction, and general job stress), work behaviors (work and job withdrawal), and psychological well-being. Experiences of sexual harassment and bystander harassment were predicted to be negatively related to satisfaction and psychological health and positively related to stress and withdrawal. Both forms …

The Double Patenting Puzzle, Michael Risch

Faculty Publications

It’s a simple rule: one patent per invention. This is easy to enforce when patent claims in two patents are identical, but what if the second patent claims something close but not quite the same? For more than 150 years, courts have held that obvious improvements over the prior art cannot be patented. But when inventors seek a small improvement in their own follow-on patents, there may not be any prior art because the law does not typically count inventors’ work against themselves. Inventors can include two similar claims in the same patent without objection, but if they split them …

Elucidating The Role Of Marine Benthic Carbon In A Changing World, Cristina Schultz, Jessica Y. Luo, Damian C. Brady, Robinson W. Fulweiler, Matthew H. Long, Colleen M. Petrik, Jeremy M. Testa, Heather M. Benway, David Burdige, Marta M. Cecchetto, Isa Elegbede, Natalya Evans, Alexandra Frenzel, Kayla Gillen, Lisa C. Herbert, Heidi K. Hirsh, Gennadi Lessin, Lisa Levin, Kanchan Maiti, Sairah Malkin, Sarah L. Mincks, Stanley Nmor, Anh Pham, James Pinckney, Christophe Rabouille, Shaily Rahman, Subhadeep Rakshit, Nicholas E. Ray, Dalton K. Sasaki, Samantha A. Siedlecki, Christopher Somes, Aron Stubbins, Olivier Sulpis

Faculty Publications

The ocean plays a major role in controlling atmospheric carbon at decadal to millennial timescales, with benthic carbon representing the only geologic-scale storage of oceanic carbon. Despite its importance, detailed benthic ocean observations are limited and representation of the benthic carbon cycle in ocean and Earth system models (ESMs) is mostly empirical with little prognostic capacity, which hinders our ability to properly understand the long-term evolution of the carbon cycle and climate change-related feedbacks. The Benthic Ecosystem and Carbon Synthesis (BECS) working group, with the support of the US Ocean Carbon & Biogeochemistry Program (OCB), identified key challenges limiting our …

Rethinking Juror Impartiality, Anna Offit

Faculty Publications

Jury impartiality in the contemporary court often justifies the perpetuation of exclusionary selection practices that make juries more—not less—biased. This Article calls for a rethinking of this important but flawed concept. Constitutional interpretations and conceptions of “impartiality” frame it as a transient orientation toward particular evidence or parties. Yet, during voir dire, the prevailing conception of jury impartiality is that it is an immutable character trait that must be discovered—if not created—by professional legal actors. What voir dire creates is not an impartial jury, but precisely the opposite: a venire shaped by the strategic biases of lawyers.

This Article offers …

Judge Platt Potter: Politics And Principle In Interbranch Conflict, Aaron-Andrew P. Bruhl

Faculty Publications

During the previous Congress, some commentators called on the Senate Judiciary Committee, then controlled by Democrats and chaired by Senator Dick Durbin of Illinois, to demand the testimony of Supreme Court Justices Clarence Thomas and Samuel Alito over allegations of ethical breaches, securing their presence by subpoena if necessary. The Committee did not subpoena the Justices, with Durbin citing the likely lack of sufficient votes and worrying that the Senate would not be able to enforce the subpoenas anyway. During the same Congress, Durbin asked Chief Justice Roberts to testify about judicial ethics, an invitation that Roberts declined.

These incidents …

The Post-Chevron Law Of Deference For Investor-State Arbitration, Won L. Kidane

Faculty Publications

In Loper Bright Enterprises v. Raimondo, the United States Supreme Court clarified the “law of deference” built “on the foundation laid in Chevron.” The American conception of the law of deference, long solidified as the Chevron doctrine, has had extraordinary resonance, having been cited in at least 18,000 cases and 22,000 publications over a period of forty years.

The Court’s overruling of the two-step Chevron analysis for the resolution of statutory ambiguity is the most obvious outcome and is likely to attract the most attention. There is, however, an obscure aspect of the Court’s overruling of Chevron: the clarification of …

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 …

The Tamads2-Tatbl21 Module Enhances Wheat Resistance To Stripe Rust By Activating Tagkl-Mediated Immunity, Shijia Zhao, Hao Chu, Yanan Lu, Jiaqi Chen, Xu Wang, Guangxiang Tian, Mingjing Zhang, Pengyu Song, Yanhui Zhang, Guihua Bai, Gangming Zhan, Zhensheng Kang, Wenming Zheng, Zhengqing Fu, Na Liu

Faculty Publications

Wheat stripe rust (Puccinia striiformis f. sp. tritici, Pst) poses a catastrophic threat to global food security. While MADS-box transcription factors regulate development and abiotic stress, their roles in plant-pathogen immunity remain enigmatic. In this study, we identified TaMADS2, a Pst-induced MADS-box gene, as a positive regulator of wheat resistance. Functional analyses demonstrated that TaMADS2 overexpression significantly enhanced Pst resistance, whereas its knockdown rendered wheat more susceptible. Further investigation revealed that TaMADS2 interacts with trichome birefringence-like protein 21 (TaTBL21) to activate glycerol kinase-like (TaGKL) expression. Silencing TaGKL in wild-type or TaMADS2-overexpressing lines …

Sinkhole Microcosms: Understanding Persistence Of Place Through Variable Cultivation Strategies In Northeastern Yucatán, Mexico, Maia Dedrick, Patricia A. Mcanany, Adolfo Iván Batún Alpuche, Elizabeth A. Webb, Isaac A. Hart

Faculty Publications

Sinkholes contributed to persistent human inhabitation of the northern Yucatán peninsula of Mexico for more than two millennia. Building on previous work on the use of sinkholes central to the town of Tahcabo and elsewhere in the Maya area, this study presents pollen, soil carbon isotope, radiocarbon, and artifactual evidence from four geomorphic features. They include the perennially wet cenote situated in the town center and three dry sinkholes (rejolladas) located in the commonly held lands (ejido) of the town. These features demonstrate striking variability in multispecies engagements with and within sinkholes, especially over the past …

Constraints On Inner Core Composition From Seismicanisotropy: The Importance Of Light Elements And Nickel, Jada Bollmeyer, Daniel A. Frost, Prajna Paramita Das

Faculty Publications

The inner core is seismically anisotropic, with PKIKP waves traversing the inner core parallel to the rotation axis faster than those in the equatorial plane. This anisotropy increases with depth into the inner core and may result from alignment of iron crystals deformed during inner core growth. Using previously calculated elastic properties of iron, we seek to determine the most likely iron-light element alloy (FeC, FeO, FeS, or FeSi). For each FeX alloy, we interpolate elastic tensors across the pressure and temperature range of the inner core and model the anisotropy resulting from flow during core growth. Lastly, we compare …

Environmental, Social, And Governance (Esg) Research: A Systematic Review Of Recent Trends (2020–2024), Jiyeon Kim Ph.D., Wooyoung Yang

Faculty Publications

The 2020–2024 period marks a pivotal era in sustainable development, characterized by significant regulatory developments, including the EU Corporate Sustainability Reporting Directive (CSRD), the International Sustainability Standards Board standards, and the introduction of mandatory ESG reporting requirements worldwide. This review examines how recent policy changes have reshaped the linkages between ESG and sustainability. Following the PRISMA 2020 guidelines, we conducted a systematic review examining empirical studies of ESG–sustainability performance relationships published between 2020 and 2024. Studies examined the quantitative relationships between ESG sustainability performance and publicly traded corporations. Quality assessment employed the adapted Newcastle–Ottawa Scale with sustainability-specific criteria. From 2847 …

Sunburned Plankton: Ultraviolet Radiation Inhibition Of Phytoplankton Photosynthesis In The Community Earth System Model Version 2, Joshua Coupe, Nicole S. Lovenduski, Luise S. Gleason, Michael N. Levy, Kristen Krumhardt, Keith Lindsay, Charles Bardeen, Clay Tabor, Cheryl Harrison, Kenneth G. Macleod, Siddhartha Mitra, Julio Sepúlveda

Faculty Publications

Ultraviolet (UV) radiation can damage DNA and kill cells. We use laboratory and observational studies of the harmful effect of UV radiation on marine photosynthesizers to inform the implementation of a UV radiation damage function for phytoplankton photosynthesis in a modified version of the Community Earth System Model version 2 (CESM2-UVphyto). CESM2-UVphyto is capable of simulating UV inhibition of photosynthesis among modeled phytoplankton and ocean column penetration of UV-A, UV-B, and UV-C radiation. We conduct a series of simulations with CESM2-UVphyto using the Marine Biogeochemistry Library (MARBL) ecosystem model to understand the sensitivity of phytoplankton productivity to UV radiation. Results …

A Fragility Framework For Surface Erosion With Application To Earthen Dam Breaching, Ege C. Kurter, Ayman Mokhtar Nemnem, M. Hanif Chaudhry, Jasim Imran

Faculty Publications

Overtopping failures of earthen dams are a growing concern under intensifying extreme rainfall. This study introduces a probabilistic fragility framework that combines hydrologic modeling, hydraulic analysis, and soil erodibility to assess erosion risk under uncertain load and resistance. Fragility curves derived from Monte Carlo simulations quantify erosion initiation and severity as functions of rainfall depth and excess shear stress. Application to multiple dams affected during the 2015 South Carolina floods reproduces observed outcomes ranging from complete breach to no damage. The framework also captures cascading effects, where failure of an upstream structure increases downstream loading and erosion potential. Compared with …

Variation In Cycling Exercise Mechanical Efficiency In The Heritage Family Study, Angelo Tremblay, Claude Bouchard, Mark A. Sarzynski Facsm, James S. Skinner, Élisa Marin-Couture, Patrick Schrauwen, Guy Thibault, Marie-Eve Mathieu, Louis Pérusse

Faculty Publications

The objectives of the study were to assess the effects of cycling endurance exercise training and sex on cycling exercise mechanical efficiency (ME) and to explore its associations with body composition, glycemic profile, and skeletal muscle characteristics. Subjects were males (n = 371) and females (n = 465) of European (ED) and African descent (AD) of the HERITAGE Family Study. The measurements were repeated after a 20-week controlled endurance exercise program. A substudy involving 78 participants from 19 ED families was used to evaluate associations between skeletal muscle traits and variations in ME. An increase in ME of …

A Fragility Framework For Surface Erosion With Application To Earthen Dam Breaching, Ege C. Kurter, Ayman Mokhtar Nemnem, M. Hanif Chaudhry, Jasim Imran

Faculty Publications

Overtopping failures of earthen dams are a growing concern under intensifying extreme rainfall. This study introduces a probabilistic fragility framework that combines hydrologic modeling, hydraulic analysis, and soil erodibility to assess erosion risk under uncertain load and resistance. Fragility curves derived from Monte Carlo simulations quantify erosion initiation and severity as functions of rainfall depth and excess shear stress. Application to multiple dams affected during the 2015 South Carolina floods reproduces observed outcomes ranging from complete breach to no damage. The framework also captures cascading effects, where failure of an upstream structure increases downstream loading and erosion potential. Compared with …

Textualism Wins?: The Supreme Court’S 2024 Labor & Employment Law Cases, Nicole B. Porter

Faculty Publications

The Supreme Court decided five primary labor and employment law cases in 2024—two discrimination cases, two arbitration cases, and one labor law case. This article also discusses a sixth case, Loper Bright Enterprises v. Raimondo, because it will undoubtedly affect labor and employment law despite the facts and underlying issue having nothing to do with the workplace.

I was initially underwhelmed with this year’s cases. None of them addresses any major substantive labor and employment law issue. However, upon further consideration, the cases are noteworthy for three reasons. First, three of them are pro-plaintiff with outcomes that benefit workers— …

Toward A Feminist Geo-Legal Reading: Us Country-Of-Origin Information In Asylum Adjudication, Malene H. Jacobsen, Austin Crane, Elise Dosch

Faculty Publications

In this article, we offer what we call ‘a feminist geo-legal reading’ of documents used in spaces and practices of law. Legal cases and decisions are often based on different legal and non-legal documents, including laws, explanatory memorandums, testimonies, medical reports, and so forth. In contemporary asylum adjudication, country-of-origin information reports (COIs) have become a crucial source of authoritative evidence as asylum officers and immigration judges use these reports in their determination of a person's need for and right to protection. However, there is no straight line from COIs' substance to the prevailing authority that they command within asylum adjudication. …

Formalism In Jewish Law, Chaim Saiman

Faculty Publications

Scholars differ as to the degree to which Jewish law is formalistic. This chapter aims to make sense of the debate surrounding formalism in Jewish law by distinguishing between three types of legal formalism: classic formalism, modern formalism, and detail-following formalism. Viewed through the lens of modern formalism, Jewish law is likely less formalistic than commonly assumed as it is not primarily concerned with constraining decision makers. Nor is Jewish legal discourse typified by its unified conceptual schemas that proceed from abstract concepts to bottom-line decisions in the way that classical formalism proceeds. This chapter introduces an alternative framing termed …

Teaching Machine Learning To Undergraduate Electrical Engineering Students, Gerald L. Fudge, Anika Rimu, William Zorn, July Ringle, Cody Barnet

Faculty Publications

Proficiency in machine learning (ML) and the associated computational math foundations have become critical skills for engineers. Required areas of proficiency include the ability to use available ML tools and the ability to develop new tools to solve engineering problems. Engineers also need to be proficient in using generative artificial intelligence (AI) tools in a variety of contexts, including as an aid to learning, research, writing, and code generation. Using these tools properly requires a solid understanding of the associated computational math foundation. Without this foundation, engineers will struggle with developing new tools and can easily misuse available ML/AI tools, …