Digital Commons Network^™

The Foreign Commerce Power, Kathleen Claussen, Timothy Meyer

Faculty Scholarship

This Article is the first to scrutinize presidential trade authority under the Constitution. The Constitution grants the President no independent power to regulate foreign commerce. That conclusion, while apparent from a straightforward reading of Articles I and II, stands in stark contrast to executive conduct of U.S. trade policy in recent years. This Article traces the roots of this constitutional distortion to a confluence of doctrinal drift and academic oversight. Courts and commentators have increasingly relied on an expansive conception of executive power grounded in a perceived general foreign affairs authority. In doing so, they have blurred the line between …

Genocidal Accusation, Steven Arrigg Koh

Faculty Scholarship

To accuse of genocide — what does it mean? Genocidal accusation is ubiquitous today, evident more in the public square than in any courtroom. At first glance, such accusation seemingly relies on a central assumption: genocidal accusation is critical to preventing atrocity. This Article argues that this widespread assumption is incomplete, obscuring genocidal accusation’s dual nature. In fact, genocidal accusation encompasses not only laudable atrocity prevention (for example, the Rwandan genocide), but also problematic punitive, carceral discourse that brands the “other” as morally polluted (such as President Putin’s Ukraine invasion). It is thus challenging to evaluate such accusation in the …

Emergency Lending By The Federal Reserve, Kathryn Judge, Richard Clarida

Faculty Scholarship

The Federal Reserve established an array of innovative emergency lending facilities during the Great Financial Crisis and expanded the scope of its emergency lending yet further in response to the Covid-19 pandemic. This Article provides a retrospective of how the Federal Reserve used its emergency lending authority across these two episodes, identifying patterns and revealing some differences. It sheds light on the conditions that enabled the Federal Reserve to establish the facilities that it did, including the roles played by Congress and Treasury in providing the equity funding that made certain facilities possible. It shows how in each episode, the …

Purpose And Nonprofit Enterprise, Cathy Hwang, Dorothy S. Lund

Faculty Scholarship

Nonprofit enterprise is responsible for a large share of economic activity across the globe. And yet, leading theories fail to explain why nonprofit business survives and even thrives across a vast number of industries, ranging from artificial intelligence to beer brewing, despite an absence of shareholder control. Indeed, as shareholder ownership and intervention rights have become the core component of successful corporate governance, this success is all the more surprising.

This Essay offers a novel “purposeful enterprise” theory to explain the puzzling success of nonprofit enterprises. Drawing on research in behavioral economics and organizational science, it argues that organizational purpose …

Presidents, Opinions, And Independent Officers, Jed Handelsman Shugerman

Faculty Scholarship

The Opinions in Writing Clause is a persistent textual problem for the claim that Article II implies an indefeasible removal power: If the Framers believed they had given the president an unconditional removal power, why would they also specify a lesser power merely to ask for opinions? New historical research confirms this textual problem was also contextual: early state constitutions, the Ratification debates, and the First Congress indicate that the Opinions Clause’s original public meaning signaled independence of department heads, or at least the possibility of congressional requirements like good cause.

Legal scholars have already shown that the texts of …

Beyond Phonics: Neuroaesthetic And Symbolic Divergence In Culturally Responsive Dyslexia Screening, Piper Hutson, James Hutson

Faculty Scholarship

Recent advances in neuroscience and educational technology have challenged the traditional phonological-deficit model of dyslexia, revealing the profound influence of visual-symbolic processing, neuroaesthetic resonance, and cultural context in the reading brain. This article interrogates prevailing assessment paradigms by synthesizing research on the Visual Word Form Area (VWFA), cross-linguistic literacy systems, and emerging neurodiversity frameworks. The study addresses the urgent need to reconceptualize dyslexia as a heterogeneous divergence in symbolic processing—rooted as much in neuroaesthetic and visuospatial alignment as in phonemic awareness. Existing screeners, predominantly optimized for English and other Latin-based scripts, systematically neglect the cognitive realities of learners in multilingual …

Resonant Body Communication For Neurodivergent Contexts: A Multimodal, Temporally Elastic Blueprint For Inclusive Biometric Systems, Piper Hutson, James Hutson

Faculty Scholarship

Prevailing emotion-sensing systems privilege a facial-and-gaze paradigm that encodes neurotypical tempo, channel priority, and expression classes, thereby mischaracterizing or erasing neurodivergent communication. This article advances a design-oriented framework for biometric sensing that centers resonant body communication: temporally extended, multimodal, and environmentally situated patterns of posture, gesture, rhythm, and interoception that carry affective meaning. Through an integrative methodology that synthesizes cognitive neuroscience, embodied arts practices, and human–computer interaction, the study formalizes a theoretical model with four pillars: temporal elasticity, multimodal sensory hierarchies, resonant gestures and rhythmic entrainment, and environmental attunement. Building on this model, the article specifies technical requirements for next-generation …

From Prohibition To Preparation: Reframing Academic Integrity In The Age Of Ai, James Hutson

Faculty Scholarship

This study analyzes how U.S. universities reconfigure academic integrity during the 2024–2025 cycle in response to widespread generative AI adoption. The analysis foregrounds three loci: student ignorance and metacognitive blind spots; the expanded remit of Academic Integrity Officers prioritizing education over punishment; and deliberate AI-enabled misconduct that exposes the evidentiary limits of detection technologies. A mixed-methods design integrates a multi-site review at Arizona State University, Montclair State University, and Cornell University with synthesis of surveys, policies, and faculty development guidance. Findings show that detector outputs function as conversational prompts rather than adjudicative proof, necessitating dialogic resolution standards, process evidence, and …

Skrmetti Beyond Scrutiny, Kate Redburn

Faculty Scholarship

In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care. For the first time, the Court considered a fundamental question in civil rights law: How does the Fourteenth Amendment regard transgender people? The Court gave little guidance. It did not sort out principles for deciding when anti-transgender discrimination classifies by sex, nor whether transgender people are a suspect class. Instead, the Court held that “[i]n the medical context, the mere use of sex-based language does not sweep a statute within the reach of …

Ai Companions And The Lessons Of Family Law, Clare Huntington

Faculty Scholarship

Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to mental health treatment, helping students learn, and offering a judgment-free space for sensitive conversations. But AI companionship also raises significant concerns. The technology's addictiveness may exacerbate loneliness and can undermine human relationships. Therapy bots may prove more harmful than helpful. AI companions can be emotionally abusive. And their access to the …

Data As Policy, Janet Freilich, W. Nicholson Price Ii

Faculty Scholarship

A large literature on regulation highlights the many different methods of policy-making: command-and-control rulemaking, informational disclosures, tort liability, taxes, and more. But the literature overlooks a powerful method to achieve policy objectives: data. The state can provide (or suppress) data as a regulatory tool to solve policy problems. For administrations with expansive views of government’s purpose, government-provided data can serve as infrastructure for innovation and push innovation in socially desirable directions; for administrations with deregulatory ambitions, suppressing or choosing not to collect data can reduce regulatory power or serve as a back-door mechanism to subvert statutory or common law rules. …

Foam Fortification: Effect Of Perfluorocarbon Gases On The Stability Of Sclerosing Agent Foams, Henry Ruhl, Felipe M. Berg, Amir A. Rahnemai-Azar, Salim Abboud, Agata A. Exner

Faculty Scholarship

Purpose: To evaluate the impact of incorporating perfluorocarbons (PFCs), specifically octafluoropropane (C₃F₈) and perfluorobutane (C₄F₁₀), on the stability of sodium tetradecyl sulfate (STS)–based foams. Materials and Methods: Tessari method was employed to generate foams. C₃F₈ and C₄F₁₀ were compared with room air due to their known characteristic as gas vesicle stabilizers. Each trial set encompassed ratios of 4, 3, 2, 1.5:1 mL of gas-to-STS. Foam decay (1 − percent foam remaining in syringe) was monitored using a 4K camera over 1 hour, followed by hourly snapshots for 3 hours. All trials were repeated in triplicate. Statistical analysis was carried out …

Ai In Adipose Imaging: Revolutionizing Visceral Adipose Tissue, Ectopic Fat, And Cardiovascular Risk Assessment, Sneha R. Kandi, Sanjay Rajagopalan, Ian J. Neeland

Faculty Scholarship

Purpose of Review: This review explores the role of artificial intelligence (AI) in visceral adipose tissue (VAT) and ectopic fat imaging. It aims to evaluate how AI may be used to enhance the efficiency and accuracy of cardiovascular disease (CVD) risk assessment. It addresses key questions regarding AI’s capabilities in risk prediction, segmentation, and integration with large volume data for CVD risk assessment. Recent Findings: Recent studies demonstrate that AI, powered by deep learning models, significantly improve VAT and ectopic fat segmentation. AI can also be used to facilitate early detection of cardiometabolic risks and allows integration of imaging with …

Neuronal Mct2 Promotes Angiogenesis Via Lactate In The Developing Mouse Neocortex, Daehoon Lee, Anika Wu, Lingling Yao, Shreya Satish, Lin Mei, Wen Cheng Xiong

Faculty Scholarship

Neural activity drives blood vessel (BV) formation and energy substrate delivery in the developing brain to meet rising metabolic demands; however, the underlying mechanisms remain poorly understood. In this study, we exposed neonatal mice to chronic whisker stimulation (WS), a paradigm known to enhance BV formation in the somatosensory (S1) cortex. Transcriptomic (RNA-seq) and spatial (RNA-scope) analyses revealed that WS upregulated monocarboxylate transporter 2 (MCT2) in cortical neurons and MCT1 in endothelial cells (ECs). These changes coincided with increased cortical lactate levels, elevated astrocytic vascular endothelial growth factor A (VEGFa), and enhanced angiogenesis. Functional experiments demonstrated that neuronal MCT2 is …

The Gamification Of Banking, Colleen Baker, Christopher K. Odinet

Faculty Scholarship

Gamification is coming to banking. This phenomenon is already gain-ing ground in advertising, healthcare, manufacturing, and, more recently, with the GameStop and AMC meme stock saga in securities trading. The idea behind gamification is to make transactions seem fun, playful, and even casino-like in order to elicit habit-forming, addictive-like effects with consumers. This Article argues that the rise of financial technology (“fintech”) firms and their ever-growing business relationships with incumbent financial institutions has created the necessary conditions for gamification to take hold in the banking sector. In order to explore this observation, we undertake a study of current examples of …

Traditional And Computational Canons, Eric H. Martinez

Faculty Scholarship

As part of the rise of modern textualism, dictionaries and linguistic canons have become a ubiquitous part of legal interpretation. One longstanding question is whether judges citing these tools sincerely attempt to follow the meaning of a text, or if their invocation is merely window-dressing for a preferred outcome. The practical significance of this question extends across all major doctrinal areas, and with the Supreme Court’s overturning of Chevron deference, its importance is only to grow, as courts are now instructed to use every tool at their disposal to resolve ambiguity when interpreting a law. This Article is the first …

Criminal Court's Disability, Zohra Ahmed

Faculty Scholarship

Do criminal courts meaningfully accommodate psychiatric disability? A review of competency proceedings across the United States suggests not. In competency to stand trial proceedings, criminal court actors offer a narrow vision of psychiatric disability that excludes many defendants. Ultimately, the institutional context of criminal court undermines even the meagre accommodations that the competency framework provides.

Competency proceedings are the constitutional accommodations available to disabled defendants if they can establish that they are unable to consult with their lawyers or if they do not have a rational or factual understanding of the proceedings against them. After a finding of incompetency, the …

Reasoning From Injustice, Robert L. Tsai

Faculty Scholarship

In a series of lectures at Yale Law School, the Harvard political theorist Judith Shklar critiqued leading models of justice as overly abstract and lacking a realistic account of the social dynamics that perpetuate injustice. In this essay, Professor Tsai builds on Shklar’s account of injustice as a social phenomenon by offering a structural reading of key literary texts that explore the nature of legal injustice—from the Book of Job to Harriett Beecher Stowe’s Uncle Tom’s Cabin and Frederick Douglass’s The Heroic Slave. A close reading of these texts permits us to flesh out Shklar’s observations and “give injustice …

Mcmc-Net: Accelerating Markov Chain Monte Carlo With Neural Networks For Inverse Problems, Anuj Abhishek

Faculty Scholarship

In many computational problems, using the Markov Chain Monte Carlo (MCMC) can be prohibitively time-consuming. We propose MCMC-Net, a simple yet efficient way to accelerate MCMC via neural networks. The key idea of our approach is to substitute the true likelihood function of the MCMC method with a neural operator based surrogate. We extensively evaluate the accuracy and speedup of our method on three different partial differential equation-based inverse problems where likelihood computations are computationally expensive, namely electrical impedance tomography, diffuse optical tomography, and quantitative photoacoustic tomography. MCMC-Net performs similar to the classical likelihood counterpart but with a significant speedup. …

Differential Effects Of Macrophage Subtype-Specific Cytokines On Fibroblast Proliferation And Endothelial Cell Function In Co-Culture System, Phillip Mcclellan, Thomas R. Wong, Sara Hijaz, David R. Fletcher, Ozan Akkus, Tracey L. Bonfield, James M. Anderson, Adonis Hijaz

Faculty Scholarship

Macrophages are involved in several critical activities associated with tissue repair and regeneration. Current approaches in regenerative medicine are focusing on leveraging the innate immune response to accelerate tissue regeneration and improve long-term healing outcomes. Of particular interest in this regard are the currently known, four main M2 macrophage subtypes: M2interleukin (IL)-4,IL-13, M2IC, M2IL-10, M2non-selective adenosine receptor agonists (NECA) (M2IL-4,IL-13 → M2(NECA). In this study, rat bone marrow-derived macrophages (M₀) were polarized to each of the four subtypes M2IL-4,IL-13 → M2NECA and cultured for 72 h in vitro. Luminex assay results highlighted increased production of tissue inhibitor of metalloproteinases-1 (TIMP-1) …

Psma-1-Dota Potentially For Effective Targeted Radioligand Therapy Of Prostate Cancer, Xinning Wang, Olga Sergeeva, Maxim Sergeev, Lifang Zhang, Zoey Lockwood, Zhenghong Lee, James P. Basilion

Faculty Scholarship

Purpose: While PSMA-targeted radioligand therapy (RLT) has shown remarkable efficacy for treating end-stage prostate cancer, the α-emitting RLT often results in severe salivary gland toxicity, limiting its use. Various strategies to mitigate this side effect have been attempted with limited success. Accordingly, this study introduced a new PSMA-targeting ligand with more favorable binding characteristics than the existing ligands. Procedures: The binding affinity of PSMA-1-DOTA to PSMA was compared with that of PSMA-11 and PSMA I&T. Comparison of uptake in the salivary glands, kidneys and PC3pip tumor cells in the xenograft mouse models between [⁶⁸Ga]Ga-PSMA-1-DOTA, [⁶⁸Ga]Ga-PSMA-11 and [⁶⁸Ga]Ga-PSMA I&T was conducted …

The God Prompt And Deus Ex Machina: Techno-Theological Tropes And Operational Metaphors In Generative Media, James Hutson

Faculty Scholarship

This study reframes two durable tropes—the ―God Prompt‖ and the deus ex machina—as analytic lenses for understanding how contemporary generative systems stage beginnings and endings of cultural production. The ―God Prompt‖ denotes command-driven synthesis in which minimal textual instructions instantiate content on demand, crystallizing a production loop of input, model execution, and post hoc evaluation that orients anticipation toward instantaneous yield and controllable variation. The deus ex machina names an externally imposed resolution that interrupts causal development—historically a crane-borne god, functionally an algorithmic override—thereby concentrating attention on closure mechanics rather than world-building continuity. Read together, the pair offers a compact …

Stakeholder Views On Lessons Learned For The Antimicrobial Resistance Panel From Previous International Science Panels [Version 1], Iruka N. Okeke, Ayodele A. Akinyele, Javier Guzman, Kevin Outterson

Faculty Scholarship

The United Nations General Assembly called in September 2024 for the establishment of an independent panel for actionable evidence against antimicrobial resistance (IPEA). The task of designing the panel was given to the Quadripartite Joint Secretariat (QJS) on Antimicrobial Resistance (AMR) with a delivery timeline of 15 months. To promote stakeholder thought and input around what this panel should look like and how it should work, which could feed into the QJS’s consultation process, we independently commissioned seven papers to examine lessons that could be learned from other high-level scientific panels. We then called a convening of stakeholders that were …

Retinoid Dynamics In Vision: From Visual Cycle Biology To Retina Disease Treatments, Jaclyn Swigris, Made Airanthi K. Widjaja-Adhi, Marcin Golczak

Faculty Scholarship

Light perception is a biological process that facilitates a profound interaction between the external world and the internal functions of living organisms. It begins with the absorption of photons with specialized visual pigments that contain vitamin A-derived chromophores. The light energy triggers the photoisomerization of the visual chromophore, initiating a cascade of signaling events that ultimately convert light into electrical signals interpreted as vision. However, the sustainability of vision relies on the continuous supply of the visual chromophore, which is maintained through light-dependent and light-independent processes. The importance of these processes is underscored by numerous blinding retinal diseases linked to …

Molecular Mechanisms Of Iron Metabolism And Overload, Aditi Tayal, Jasmeen Kaur, Robert W. Maitta

Faculty Scholarship

Iron represents an essential element required for normal physiologic processes throughout organ systems. A vast network of transporters is involved not only in uptake of this element but in processing, oxidation, and recycling to maintain it in a tight balance to avoid excess storage. This complex network of transporters, including heme and ferroportin, among many others, are responsible for facilitating inter-organ tissue iron exchange and availability, contributing to overall heme homeostasis. However, exposure to high levels of iron can overwhelm compensatory mechanisms that result in its accumulation and toxicity. This is the case of patients with genetic diseases such as …

Planetary Health: At The Crossroads Of Cvd Prevention, Tasveer Khawaja, Sanjay Rajagopalan

Faculty Scholarship

Purpose of Review: To highlight important recent findings demonstrating the interconnectedness of planetary and human health with a focus on cardiovascular disease. Recent Findings: Data continue to demonstrate a clear interconnectedness between the health of the planet and human health, with cardiovascular disease as an important outcome. The central roles of air pollution, non-optimal temperatures, water/waste management, and food/biodiversity are highlighted. We also highlight the clear opportunity for healthcare organizations to facilitate change that will yield positive environmental and patient outcomes. Summary: The undeniable interconnectedness of the health of the planet and human health serves as a call to action …

Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta

Faculty Scholarship

In modern constitutional democracies, achieving equality has long been a challenge. In recent years, theorists have focused on understanding the meaning of discrimination and determining when and how discrimination becomes problematic. One critical issue that has long animated discussions on both the general guarantee of equality and the specific goals of anti-discrimination law is the relationship between individuals and groups. If a constitutional order aims to take equality seriously, how should it address the experiences of specific groups historically subjected to discrimination? Indeed, questions of equality and discrimination often converge around the issue of affirmative action, sometimes at the expense …

Immunosuppressive Formulations For Immunological Defense Against Traumatic Brain Injury, Abhirami Thumsi, Abhinav P. Acharya, Jeffrey Capadona, Sanmoy Pathak, Taravat Khodaei, Madan Mohan Chandra Sekhar Jaggarapu, Abhirami P. Suresh

Faculty Scholarship

Traumatic brain injury (TBI) and subsequent neurodegeneration is partially driven by chronic inflammation both locally and systemically. Yet, current clinical intervention strategies do not mitigate inflammation sequelae necessitating the development of innovative approaches to reduce inflammation and minimize deleterious effects of TBI. Herein, a subcutaneous formulation based on polymer of alpha-ketoglutarate (paKG) delivering glycolytic inhibitor PFK15 (PFKFB3 inhibitor, a rate limiting step in glycolysis), alpha-ketoglutarate (to fuel Krebs cycle) and peptide antigen from myelin proteolipid protein (PLP139-151) is utilized as the prophylactic immunosuppressive formulation in a mouse model of TBI. In vitro, the paKG(PFK15+PLP) formulation stimulates proliferation of immunosuppressive regulatory …

Alpha-Synuclein Dysregulation In Systemic Pathophysiology Of Synucleinopathies, Hallie H. Dolin, Bowen Zhou, Robert W. Maitta

Faculty Scholarship

Alpha-synuclein (α-syn) has long been identified as the etiologic agent of multiple neurodegenerative diseases, the most common and well-known of which are Parkinson's disease (PD) and Lewy body dementia (LBD). While it is known that the pathophysiology of these synucleinopathies involves aggregation of improperly-folded α-syn, the mechanisms leading to its accumulation have not been fully identified. However, multiple pathways have been proposed, any or all of which may contribute to synucleinopathies. The role of α-syn in normal homeostasis and in other organ systems, especially the hematopoietic system, has been reported recently. Research within the last decade has shown that α-syn …

Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files, John P. Lavelle

Faculty Scholarship

The 200th anniversary of the foundational Indian law decision Johnson v. M’Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case’s notorious embrace of the so-called “doctrine of discovery,” an odious theory for rationalizing European nations’ claims of superior rights to lands occupied by Indigenous Native American peoples. Commanding less attention, however, is the Johnson decision’s core protective legal feature, i.e., its reinforcing the United States government’s duty to guard against the alienation of Indian lands through private, unauthorized acquisitions.

This Article offers a somewhat different appraisal of Johnson v. M’Intosh …