Digital Commons Network^™

Command And Control: Operationalizing The Unitary Executive, Gary S. Lawson

Faculty Scholarship

The concept of the unitary executive is written into the Constitution by virtue of Article II’s vesting of the “executive Power” in the President and not in executive officers created by Congress. Defenders and opponents alike of the “unitary executive” often equate the idea of presidential control of executive action with the power to remove executive personnel. But an unlimitable presidential removal power cannot be derived from the vesting of executive power in the President for the simple reason that it would not actually result in full presidential control of executive action, as the actions of now-fired subordinates would still …

Roberts's Revisions: A Narratological Reading Of The Affirmative Action Cases, Angela Onwuachi-Willig

Faculty Scholarship

In a seminal article published nearly twenty years ago in the Yale Journal of Law and the Humanities, Professor Peter Brooks posed a critical yet underexplored question: "Does the [flaw [n]eed a [n]arratology?"⁵ In essence, he asked whether law as a field should have a framework for deconstructing and understanding how and why a legal opinion, including the events that the opinion is centered on, has been crafted and presented in a particular way.⁶ After highlighting that "how a story is told can make a difference in legal outcomes," Brooks encouraged legal actors to "talk narrative talk" …

How Discriminatory Censorship Laws Imperil Public Education, Jonathan Feingold, Joshua Weishart

Faculty Scholarship

“Discriminatory censorship laws” regulate classroom conversations about racism, gender identity, and other topics targeted in the backlash against efforts toward inclusive classrooms and curricula. This policy brief examines the proliferation of these laws and their impact on K-12 schools, including the creation of hostile learning environments that expose students and educators to a heightened threat of race- and sex-based harassment and to formal sanctions and social ostracization. The laws also foster a climate of fear and anxiety among educators, effectively coercing them to shun critical inquiry and thought on targeted topics and more generally. The result is a curriculum that …

Virtual Reality At Workplace For Autistic Employees: Preliminary Results Of Physiological-Based Well-Being Experience, M. A. Reyes-Consuelo, D. Michaud, J. Proulx-Guimond, Jocelyne Kiss, C. Vincent, G. Edwards, James Hutson, J. Ruel, S. Letscher, V. Psyche, C. Papi, M. Caouette, I Feillou, Piper Hutson

Faculty Scholarship

Emotional health problems in the workplace often hinder the integration and retention of autistic employees (AE), a challenge identified in many sectors. Recent literature highlights the consequences of these problems, such as burnout leading to reduced productivity and resignation. Previous research supports the effectiveness of virtual reality (VR) for training a variety of specific skills (e.g. riding a bus or plane travel), as well as more complex social skills, such as emotion recognition and functional communication. In addition, existing studies on using physiological self-monitoring in AE training offer a promising approach to promoting improved emotional health. The present paper reports …

Thirty-Day Mortality Rates Among Young Adult Stroke Patients And Their Characteristics At Kiruddu And Mulago Hospitals In Uganda: A Prospective Observational Cohort Study, Shirley Moore, Martha Sajatovic

Faculty Scholarship

Stroke outcomes among young adults in Uganda are unclear. This study therefore determined the clinical characteristics and 30-day outcome among young adults with an acute stroke. In a prospective observational cohort study, 61 young adults with confirmed stroke were followed up for 30 days. Socio-demographic and clinical characteristics were collected using a study questionnaire. Kaplan–Meier curves, and modified Poisson regression were performed for factors associated with the 30-day mortality outcome. A third of the screened stroke survivors, (61/195) were young adults aged between 18 and 50 years. About two-thirds were male. More than half were diagnosed with ischaemic strokes while …

Ai And The Creative Process: Part Three, James Hutson

Faculty Scholarship

Article discussing the effects of artificial intelligence on the creative process in the art world.

Ai And The Creative Process: Part One, James Hutson

Faculty Scholarship

Article discussing the effects of artificial intelligence on the creative process in the art world.

Synthesizing Sentience: Integrating Large Language Models And Autonomous Agents For Emulating Human Cognitive Complexity, Jay Ratican, James Hutson, Daniel Plate

Faculty Scholarship

The paper aims to present a novel methodology for emulating the intricacies of human cognitive complexity by ingeniously integrating large language models with autonomous agents. Grounded in the theoretical framework of the modular mind theory-originally espoused by Fodor and later refined by scholars such as Joanna Bryson—the study seeks to venture into the untapped potential of large language models and autonomous agents in mirroring human cognition. Recent advancements in artificial intelligence, exemplified by the inception of autonomous agents like Age in GPT, auto GPT, and baby AGI, underscore the transformative capacities of these technologies in diverse applications. Moreover, empirical studies …

Education, Employment, And Healthcare: Personal And Societal Strategies For Transitioning Servicemembers' Fiscal Sustainability, Kan Samuel

Faculty Scholarship

No abstract provided.

Vaccine Development, The China Dilemma, And International Regulatory Challenges, Peter K. Yu

Faculty Scholarship

This article examines the role played by China in the development of international regulatory standards at the intersection of intellectual prop- erty, international trade, and public health. It begins by briefly discussing the role China has played in the global health arena during the COVID-19 pandemic. The article then highlights the difficulty in determining how best to engage with the country in the development of new international regula- tory standards. It shows that the preferred method of engagement will likely depend on one’s perspective on China’s potential contributions and hin- drances: a perspective that focuses on global competition—in the economic, …

Policing Protest: Speech, Space, Crime, And The Jury, Jenny E. Carroll

Faculty Scholarship

Speech is more than just an individual right—it can serve as a catalyst for democratically driven revolution and reform, particularly for minority or marginalized positions. In the past decade, the nation has experienced a rise in mass protests. However, dissent and disobedience in the form of such protests is not without consequences. While the First Amendment promises broad rights of speech and assembly, these rights are not absolute. Criminal law regularly curtails such rights—either by directly regulating speech as speech or by imposing incidental burdens on speech as it seeks to promote other state interests. This Feature examines how criminal …

Hydra: Lessons From The World's Largest Darknet Market, Priyanka Goonetilleke, Alex Knorre, Artem Kuriksha

Faculty Scholarship

Research Summary

We present a comprehensive description of Hydra, the largest darknet marketplace in the world until its shutdown in April 2022. We document the main features of Hydra such as dead-drop delivery, feedback and reputation system, escrow, and dispute resolution. Using data scraped from the platform, we quantitatively examine the scale and the structure of the marketplace. We find that it has been highly competitive, geographically covering at least 69% of the Russian population and trading a wide variety of drugs, while also allowing the wholesale trade of drugs and precursors. The dead-drop delivery system used on Hydra was …

Originalism After Dobbs, Bruen, And Kennedy: The Role Of History And Tradition, Randy E. Barnett, Lawrence B. Solum

Faculty Scholarship

In three recent cases, the constitutional concepts of history and tradition have played important roles in the reasoning of the Supreme Court. Dobbs v. Jackson Women’s Health Organization relied on history and tradition to overrule Roe v. Wade. New York State Rifle & Pistol Ass’n v. Bruen articulated a history and tradition test for the validity of laws regulating the right to bear arms recognized by the Second Amendment. Kennedy v. Bremerton School District looked to history and tradition in formulating the test for the consistency of state action with the Establishment Clause.

These cases raise important questions about …

Flourishing, Virtue, And The Common Good Constitutionalism, Lawrence B. Solum

Faculty Scholarship

In Common Good Constitutionalism, Professor Adrian Vermeule articulates a conception of the common good. Vermeule has much to say about the common good, but very little to say about the substantive component of his conception, which he describes as “happiness or flourishing.” This Article articulates a conception of the common good that is grounded in a virtue-centered conception of human flourishing. Humans are rational and social creatures, and therefore, flourishing for humans consists in rational and social activities that express the human excellence or virtues. The common good requires communities that facilitate human flourishing in three ways: (1) by creating …

An Ally Can Connect Tort Theory To International And Comparative Law, Anita Bernstein

Faculty Scholarship

No abstract provided.

Enterprise, Liability, And Insolvency: An Essay In Honor Of Aaron Twerski, Edward Janger

Faculty Scholarship

No abstract provided.

Prosecutorial Mutiny, Cynthia Godsoe, Maybell Romero

Faculty Scholarship

No abstract provided.

The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin

Faculty Scholarship

In this Article, I demonstrate that legal mobilization by activist litigants combined with a comparative methodological jurisprudence has been central to the “transnational legal process” of the generation and diffusion of the sodomy decriminalization norm since the 1950s. My analysis of the transnational comparative jurisprudence relies on a comprehensive legal survey of seven decades of decriminalization jurisprudence (1954–2022), primarily using successful cases. Although the scholarship on the well-known Dudgeon, Toonen, and NCGLE cases often asserts the influence that these cases had on subsequent domestic court constitutional jurisprudence, I suggest that it is the domestic privacy jurisprudence of lobbyists, …

Opinion: How Software Stifles Competition And Innovation, James Bessen

Faculty Scholarship

Innovation is not what it used to be, and software is part of the reason. In many industries—industries well beyond Big Tech—dominant firms have built large software-based platforms delivering important consumer benefits, but these platforms also slow the rise of innovative rivals, including productive startups.5 Because access to these platforms is limited, competition has been constrained, creating a troubling market dynamic that slows economic growth.

Using Multiple Lenses To See An Invisible Group, Kathleen J. Farkas, Jaroslaw Richard Romaniuk

Faculty Scholarship

Social work in Poland and in the United States shares the values of human dignity and self-determination, but there are often value conflicts in terms of how various groups experience social roles and social expectations. This paper explores the use of multiple lenses to understand the past and current conditions for LGBT+ people in Poland. An international, university-level collaboration uses a framework of “invisible groups” to highlight the needs of those who are on the margins of society and whose human and individual rights are suppressed. The article reviews the results of a recently published on-line survey of LGBT+ populations …

Exploring The Effectiveness Of Virtual Reality Role-Playing In Debating Repatriation Of Artworks In Active Learning Art History Classes, James Hutson, Trent Olsen

Faculty Scholarship

This paper addresses the pressing issue of repatriation debates for artworks, heightened by notable instances like the return of the Benin Bronzes and discussions around the Elgin Marbles. Given the challenges in conducting effective classroom debates on such sensitive topics due to the pandemic, generational shifts in learning preferences, and increased student anxiety, this study identifies a gap in the integration of active learning strategies in a virtual setting. The primary aim of this research is to examine the efficacy of virtual reality role-playing games (VR-RPGs) in enhancing student engagement, immersion, presence, and learning outcomes within a virtual learning environment …

Two Decades Of Trips In China, Peter K. Yu

Faculty Scholarship

This chapter reviews China’s engagement with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the past twenty years. It begins by highlighting TRIPS-related developments in the first decade of China’s WTO membership. The chapter then discusses the country’s ‘innovative turn’ in the mid-2000s and the ramifications of its changing policy positions. This chapter continues to examine the US-China trade war, in particular the second TRIPS complaint that the United States filed against China in March 2018. It concludes with observations about the impact of the TRIPS Agreement on China, China’s impact on that agreement and how the …

Self-Assessment Tool (Sat) For Improving How Higher Education Institutions And Stem Units Address Sexual Harassment By Faculty And Administrators, Susan Saab Fortney, Theresa Morris

Faculty Scholarship

Based on their systematic review of studies related to sexual harassment and higher education, researchers describe sexual harassment as an epidemic in higher education that constitutes one of the major challenges to an inclusive work and study environment. Persons involved in addressing sexual harassment recognize the extremely high institutional and individual costs associated with dealing with sexual harassment. Rather than reacting to sexual harassment that occurs, this Self-Assessment Tool assists institutions in examining and improving how they prevent and address sexual harassment.

The tool focuses on issues related to sexual harassment by faculty, administrators, and persons in supervisory positions, including …

Shared Cinematic Experience And Emerging Technologies: Integrating Mixed-Reality Components For The Future Of Cinema, James Hutson

Faculty Scholarship

The enduring appeal of traditional cinema viewing in the face of alternative experiences, including streaming services and emerging technologies, such as extended reality, is rooted in its esthetic, cultural, and social significance. While the psychological appeal of shared cinematic experiences has gained attention in scholarship, there is a need to further explore the potential enhancement of these experiences through the integration of immersive technologies. The communal nature of cinema fosters social connection, especially in a post-pandemic context marked by widespread social isolation. This study highlights the psychological benefits of shared cinematic experiences and emphasizes the next phase of cinematic evolution, …

Perceptions And Barriers To Adopting Artificial Intelligence In K-12 Education: A Survey Of Educators In Fifty States, Karen Woodruff, James Hutson, Kathryn Arnone

Faculty Scholarship

Artificial Intelligence (AI) is making significant strides in the field of education, offering new opportunities for personalized learning and access to education for a more diverse population. Despite this potential, the adoption of AI in K-12 education is limited, and educators’ express hesitancy towards its integration due to perceived technological barriers and misconceptions. The purpose of this study is to examine the perceptions of K-12 educators in all 50 states of the USA towards AI, policies, training, and resources related to technology and AI, their comfort with technology, willingness to adopt new technologies for classroom instruction, and needs assessment for …

Federalism, Leadership, And Covid-19: Evolving Lessons For The Public’S Health, Nicole Huberfeld

Faculty Scholarship

The COVID-19 pandemic has had an enduring effect across the entire spectrum of law and policy, in areas ranging from health equity and racial justice, to constitutional law, the law of prisons, federal benefit programs, election law and much more. This collection provides a critical reflection on what changes the pandemic has already introduced, and what its legacy may be. Chapters evaluate how healthcare and government institutions have succeeded and failed during this global 'stress test,' and explore how the US and the world will move forward to ensure we are better prepared for future pandemics. This timely volume identifies …

Populist Constitutionalism, Anya Bernstein, Glen Staszewski

Faculty Scholarship

A Supreme Court majority has expressed hostility to administrative agencies. Yet, as this Article explains, agencies provide the primary site in our government for pluralistic contestation among disparate policy views. A political vision we identify as agonistic republicanism—a convergence among deliberative democrats, republican theorists, and agonism supporters—places such multilateral deliberation and debate among differing social groups at the foundation of democracy. A contrary vision, authoritarian populism, imagines a single leader embodying the will of a unified people with little use for the institutional mediation of divergent perspectives. This view, prominent in politics, enters legal theory through the rhetoric of judicial …

Additional Comments On Preliminary Draft 9, Jane C. Ginsburg

Faculty Scholarship

I am adding to the comments submitted by Profs. Balganesh, Menell and myself a list of points in PD9 that I believe require correction or clarification. These comments do not include Chapters 8, 10 or 11.

Comments On Preliminary Draft 9, Shyamkrishna Balganesh, Jane C. Ginsburg, Peter S. Menell

Faculty Scholarship

We are writing to offer our views on Preliminary Draft No. 9 (“PD9”) and express our deep and persistent concern about the direction and methodology that the Project continues to take, which we have sought to address and remedy at multiple points over the last several years. The elements of PD9 that we describe below are, in our view, particularly striking illustrations of the problems that we have previously identified. The gravity and salience of PD9’s problems are borne out in the comments of Judge Pierre Leval, who describes elements of the draft as requiring “a substantial editing and rewriting.” …

Community Members’ Experiences Training As Medical Journal Reviewers, Jeri Jewett-Tennant, Kurt C. Stange, Ashwini R. Sehgal

Faculty Scholarship

Purpose: Although medical research dissemination is intended to benefit members of society, few members of society actually participate in the process of publishing findings. This study shares findings from community members’ (including patients and the public) experiences being trained as medical journal reviewers. Methods: We analyzed findings from two focus group interviews of community reviewers (N = 29) to identify themes in their experiences with the training program. Results: Community members trained as journal reviewers appreciated learning the context under which manuscript development and review occur from authors and funders, the value of the community member perspectives to science, and …