Digital Commons Network^™

Neuroadaptive Return On Investment In Education: A Critical Review Of Eeg And Eye-Tracking For Decision Optimization, Piper Hutson, James Hutson

Faculty Scholarship

This article advances a critical synthesis of a proposed neuroadaptive return on investment framework that integrates electroencephalography and eye-tracking into educational decision systems. The analysis situates neuroadaptive ROI within scholarship on neurodiversity, engagement, and adaptive learning, arguing that process-level indicators of attention, cognitive load, and persistence merit inclusion alongside conventional outcome metrics in investment models. Methodological scrutiny examines construct validity for neural and gaze indices, requirements for multimodal fusion, calibration across heterogeneous learner profiles, and threats to internal and external validity in classroom contexts. Evidence from pilot implementations suggests feasibility for real-time pacing, friction-point detection, and targeted resource triage, although …

A Randomized Study To Examine The Ability Of A Caffeine-Based Energy Drink To Impact Energy Expenditure, Fat Oxidation, And Cognitive Performance, Joesi Krieger, Alex Schrautemeier, Anthony M. Hagele, Connor Gaige, Olivia Mennemeyer, Sydney Tolbert, Joshua Iannotti, Chad Kerksick, Chris Noonan, Petey Mumford

Faculty Scholarship

Objectives: This study evaluated the effects of acute and 28-day supplementation with a caffeine-based energy drink on energy expenditure, fat oxidation, and cognitive performance.

Methods: In a double-blind, placebo-controlled trial, 33 males and 27 females (27 ± 8 years, 26.7 ± 2.2 m/kg2) consumed a caffeinated energy drink (200 mg; CAF) or placebo (PLA) for 28 days. Indirect calorimetry assessed energy expenditure and fat oxidation at 0, 30, 60, 90, and 120 min after ingestion on day 1 and 28. Cognition assessments (Dynavision reaction, Serial Sevens, Trail Making Test A (TMT-A) and B (TMT-B)) were performed at 0, …

The Blackstone Ratio, Modified, Murat C. Mungan

Faculty Scholarship

In his discussion of evidentiary policies, Blackstone famously noted that ‘it is better that ten guilty persons escape than that one innocent suffer’ (Blackstone 1769). The conventional wisdom among lawyers, judges as well as academics holds that accepting this statement as a maxim necessitates the adoption of pro-defendant evidentiary rules. It is also commonly believed that costs associated with false convictions being greater than those associated with failures to punish offenders due to the presence of punishment costs provides a utilitarian rationale for Blackstonian principles. After formalizing Blackstone ratios (either as marginal rates of substitution or, alternatively, as the ratio …

The Value Of Jury Rights, Philip A. Hamburger

Faculty Scholarship

The right to a civil jury trial is often dismissed as an inefficient anachronism ill suited to the complexities of modern litigation, and these efficiency concerns have long overshadowed any serious defense of the Seventh Amendment. This Article argues that such skepticism profoundly misunderstands the constitutional function and enduring value of civil jury rights. The Article observes that the Seventh Amendment’s jury right was adopted with the understanding that it would come with some inefficiencies and that contemporary concerns about its inefficiencies tend to be overstated. Ultimately, the Article finds that civil juries are essential for structural reasons such as …

Symbolic Justice: The Continued Limits Of International Criminal Justice Without A Permanent Prison System, Meg Penrose

Faculty Scholarship

Many people misremember Nuremberg, Tokyo, and the subsequent World War II tribunals. These seminal international tribunals gave the world convictions but largely failed to fully enforce the sentences imposed. Most people do not recall the mass clemency following the World War II tribunals. This Article seeks to fill a scholarly void by explaining why international criminal justice has never matured beyond Nuremberg and Tokyo. The modern ad hoc tribunals, as well as the permanent International Criminal Court (“ICC”), have failed to deliver lasting justice. Much like Nuremberg and Tokyo, the modern tribunals fixate on arrests and convictions and then seemingly …

Clinical Decision Support For Pharmacologic Management Of Treatment-Resistant Depression With Augmented Large Language Models, Martha Sajatovic

Faculty Scholarship

Background: We evaluated whether a large language model could assist in selecting psychopharmacological treatments for adults with treatment-resistant depression. Methods: We generated 20 clinical vignettes reflecting treatment-resistant depression among adults based on distributions drawn from electronic health records. Each vignette was evaluated by 2 expert psychopharmacologists to determine and rank the 5 best next-step pharmacologic interventions, as well as contraindicated or poor next-step treatments. Vignettes were then presented in random order, permuting gender and race, to a large language model (Qwen 2.5:7B), augmented with a synopsis of published treatment guidelines. Model output was compared to expert rankings, as well as …

Disposing Of Misdemeanors: An Empirical Perspective, Cynthia Alkon, Jonathan Marshall, Kyle Chrisman, Lydia Sidhom

Faculty Scholarship

While the U.S. Supreme Court has characterized the criminal legal system as a “system of pleas,” new empirical evidence suggests that, at least for misdemeanors, it is more accurately described as a system of dismissals. This Article draws on New York’s Pretrial Release Dataset, a unique publicly available administrative dataset that, to date, includes over 1.3 million criminal cases with 112 variables, of which 914,521 are misdemeanors. No other state in the country has made comparable criminal case-processing data publicly accessible at this scale. Using this dataset, the Article examines criminal case processing in ways that were not previously possible, …

Enhanced Sensory Perception And Myoelectric Control With High Channel Count Implanted Sensorimotor Systems, Sedona R. Cady, Joris Lambrecht, Dustin J. Tyler

Faculty Scholarship

Objective. Implanted electrodes for nerve stimulation and myoelectric recording facilitate bidirectional sensory feedback and control for neuromuscular conditions such as limb loss. While increasing implanted electrode channel count offers potential benefits, it also presents engineering and implementation challenges. This case study examines how increasing implanted electrode channel count affects sensory perception and myoelectric controller performance, thereby supporting the value of these advancements. Approach. One participant with upper extremity transradial limb loss received a percutaneous implanted system with two 8-channel extraneural cuff electrodes on the median and ulnar nerves, totaling 16 stimulating channels. The individual later received a wirelessly connected implanted …

Presidential Removal As Article I, Not Article Ii, Gary Lawson, Jed Handelsman Shugerman

Faculty Scholarship

As a matter of original public meaning, Article I’s Necessary and Proper clause is the starting point for both Congress’s power to create offices and the limits on that power.

We believe that many legal scholars have demonstrated that, as a matter of original public meaning, the term “executive power” did not imply a presidential removal power, and Article II did not imply an indefeasible (unconditional) presidential removal power. By contrast, Article I’s Necessary and Proper Clause is a basis for limiting congressional power that is more historically grounded in original public meaning and in early practice. Tenure protections and …

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 …

Torso Synthetic Ct Generation By Integrating Deep Learning And Segmentation For Fdg-Pet/Mr Attenuation Correction, Jin Uk Heo, Robert S. Jones, Theodore Higgins Arsenault, Jennifer Dorth, Tithi Biswas, Raymond F. Muzic Jr

Faculty Scholarship

Introduction. Positron Emission Tomography/Magnetic Resonance (PET/MR) offers benefits over PET/CT including simultaneous PET and MR acquisition, intrinsic spatial registration accuracy, MR-based functional information, and superior soft tissue contrast. However, accurate attenuation correction (AC) for PET remains challenging as MR signals do not directly correspond to attenuation. Using deep learning algorithms that learn complex relationships, we generate synthetic CT (sCT) from MR for AC. Our novel method for AC, merges deep learning with threshold-based segmentation, to produce an AC map for the entire torso from Dixon MR images, which heretofore has not been demonstrated. Method. Twenty-nine prospectively collected, paired FDG-PET/CT and …

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 …

Composition Pedagogy As Ai‑Native Coding: From Design Kit To Scholarly Framework, Daniel Plate, James Hutson

Faculty Scholarship

This article advances a field-ready framework that reconceives first-year composition as AI-native coding, translating a complete “design kit” into scholarly method, evaluative protocol, and curriculum architecture. Background: Contemporary composition pedagogy emphasizes process, genre awareness, and collaborative revision; meanwhile, modern software practice operationalizes iteration through version control, test-driven development, and continuous integration. The uploaded kit demonstrates that these cultures are isomorphic: writing stages align with SDLC phases, and automated pipelines can lint prose, execute argument “tests,” and publish artifacts with auditable histories. Approach: The study systematizes that kit into (1) a conceptual map that recasts authorship as orchestration and verification, (2) …

Chimeric Contacts And Consent: The Ill-Reasoned Expansion Of Corporate Jurisdictional Exposure, James Paul George

Faculty Scholarship

Two recent Supreme Court decisions have imposed aspects of general jurisdiction in a way that exposes corporations and possibly other legal actors to litigation in spuriously connected forums. One case-Ford Motor Company v. Montana-reached a fair result but with strained reasoning that will support unfair results. The second case-Mallory v. Norfolk Southern Railroad Company-was wrong on the facts and the law, imposing general jurisdiction based on a vaguely worded corporate registration statute validated by a more than century-old precedent based on Pennoyer v. Neff's limited territorial model. Both decisions were the result of conceptual corners the Supreme Court has created …

Assembly-Line Public Defense, David S. Abrams, Priyanka Goonetilleke

Faculty Scholarship

Each year, millions of Americans rely on public defenders to fulfill their Sixth Amendment right to counsel. Despite being the linchpin of the criminal justice system, public defense remains both underfunded and understudied. This Article provides empirical analysis to contribute to a critical question: How should public defender systems be structured?

Criminal justice advocates, scholars, and the American Bar Association strongly favor vertical representation in public defense. Under this model, a single public defender represents a defendant throughout their case, from their initial appearance through sentencing. The alternative approach—horizontal representation—operates like an assembly line: Different attorneys handle each stage of …

A New View Of Formal Equality And A Case For Predistribution, Alex Raskolnikov

Faculty Scholarship

A long-held egalitarian view is that formal equality — the absence of formal legal distinctions based on the material resources of individuals — is regressive. If legal rules are the same for the rich and the poor, the rich benefit and the poor suffer. This Essay argues that this view is mistaken. Far from being synonymous with laissez-faire, a commitment to formal equality provides a counterweight to the key neoliberal maxim that regulation of the market economy should focus on efficiency alone. Moreover, a new view of formal equality offered here reveals a key advantage of predistribution over redistribution: Explicit …

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 …

Removal: A Response To Professor Nelson, Philip A. Hamburger

Faculty Scholarship

In an essay published earlier this fall, Professor Caleb Nelson argues that, as a matter of originalism, the President does not have a constitutional power to remove executive officers. Professor Nelson is a renowned scholar, whose arguments could well influence the Supreme Court in two upcoming removal cases: Trump v. Slaughter and Trump v. Cook. It’s therefore important to evaluate whether his historical claim about removal is correct.

Leaving Delaware? The Essential Role Of Specialized Corporate Courts, Zohar Goshen, Tomer S. Stein

Faculty Scholarship

Following the Delaware Court of Chancery’s invalidation of Elon Musk’s fifty-six- billion-dollar compensation package, Tesla moved its incorporation from Delaware to Texas. Shortly thereafter, Delaware’s legislature, seeking to protect Delaware’s dominant incorporation position, passed the most sweeping corporate law amendments in fifty years.

Both supporters of Musk and defenders of Delaware’s judiciary have accused each other of partisanship, but neither side has addressed the central question: What is the role of specialized corporate courts?

This Essay presents a novel theory of why such courts are necessary. Corporate disputes are distinct because they arise within ongoing relationships between shareholders and management, …

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 …

Providing Spatial Support During A Major Cholera Outbreak In Port-Au-Prince, Haiti: Creative Mapping Solutions In A Challenging Data Poor Environment, Andrew Curtis, Jayakrishnan Ajayakumar

Faculty Scholarship

In this paper we describe the spatial data challenges faced in terms of providing accurate and timely analysis for a clinic during a cholera epidemic that spread through Port au Prince, Haiti in late 2022. This “triage” spatial epidemiology involved developing a bespoke geocoder that allowed for weekly maps of spread to be created in near real time. Resulting case data were also analyzed using a novel grid heatmapping approach which considers the epidemiological curve for each neighborhood. Adding further complexity during this period to both the data generation, and explaining cholera amplification and spread patterns, was a rising gang …

Local Group Galaxies From An External Perspective, Stacy S. Mcgaugh

Faculty Scholarship

I discuss Local Group galaxies from the perspective of external galaxies that define benchmark scaling relations. Making use of this information leads to a model for the Milky Way that includes bumps and wiggles due to spiral arms. This model reconciles the terminal velocities observed in the interstellar medium with the rotation curve derived from stars, correctly predicts the gradual decline of the outer rotation curve, and extrapolates well out to 50 kpc. Rotationally supported Local Group galaxies are in excellent agreement with the baryonic Tully-Fisher relation. Pressure supported dwarfs that are the most likely to be in dynamical equilibrium …

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 …

Replacement Reply Brief For Plaintiff-Appellant Mona Salcida Murillo, Madeline H. Meth

Faculty Scholarship

Defendants’ response brief contains a laundry list of all the ways they think Mona Murillo fell short in trying to vindicate her rights to be free from sex discrimination and retaliation while incarcerated at Salinas Valley State Prison. They devote page after page to cataloging the regulations that govern her claims, describing the intricacies of the three-tiered grievance system, and recounting her repeated efforts to navigate that morass. And from all of that, they draw the conclusion that Murillo’s lawsuit should be thrown out of court.

In the process, Defendants take the exhaustion requirement to an extreme that even the …

Evaluating Anti-Sickling Therapies For Sickle Cell Disease: A Microfluidic Assay For Red Blood Cell-Mediated Microvascular Occlusion Under Hypoxia, Zoe Sekyonda, Yuxuan Du, Solomon Oshabaheebwa, Payam Fadaei, Yusang B. Ley, Calvin Abonga, Michael A. Suster, Pedram Mohseni, Umut A. Gurkan

Faculty Scholarship

Sickle cell disease (SCD) is characterized by the polymerization of hemoglobin S (HbS) upon deoxygenation, leading to the formation of sickled red blood cells (RBCs) with reduced deformability. Under hypoxic conditions, the impaired RBC behavior significantly contributes to vaso-occlusive events, hemolysis, and end-organ damage. Consequently, RBC deformability serves as a pivotal hemorheological biomarker for evaluating disease severity and therapeutic response. The OcclusionChip, a microfluidic assay, measures RBCs deformability through microcapillary occlusion. However, its current hypoxic assay relies on a complex nitrogen gas setup, rendering it bulky, expensive, and unsuitable for point-of-care diagnostic use. Here, we optimized a chemically induced hypoxia …

Drive-By Mediation And Other Opportunistic Distortions Of Process, Nancy A. Welsh

Faculty Scholarship

Many states in the United States, along with many nations, have implemented special benefits and privileges to encourage parties’ use of mediation to assist their communication, negotiation, and ultimate resolution of disputes. This is despite how loosely mediation is defined. This Article discusses how vague definitions, paired with special benefits and privileges, are incentivizing both the opportunistic distortion of mediation and the use of mediation for improper purposes. In Texas, for example, judges are extraordinarily limited in their ability to disapprove parents’ mediated child custody agreements—even if there is reason to worry that an agreement is contrary to the best …

Judicial Enforcement Of Evidence Law, G. Alexander Nunn

Faculty Scholarship

The truth matters. At least it should. In the courtroom, truth can serve as the cornerstone of justice, liberating the innocent, vindicating victims, and holding the guilty to account. Indeed, truth is such a normative imperative that an entire legal discipline now focuses on fostering its discovery at trial—evidence law. By regulating both the reliability of proof and the rationality of cognitive inferences, evidence law seeks to help factfinders discern truth and reach an accurate verdict. And given the importance of that role, one might naturally assume that the strict enforcement of evidence law would be a legal mandate 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 …

The Crime Of Being Immoral, Randy D. Gordon

Faculty Scholarship

Despite a general abhorrence of retrospective laws as a matter of legal theory and Constitutional dictate, US. courts continue-in es sence-to create new crimes by injecting fazzy moral considerations into determinations under the federal fraud statutes. They do so by deeming a failure to act with "moral uprightness" sufficient to consti tute criminal fraud. Under such an amorphous standard, the unwitting find themselves in a legal bind, even though their conduct may not in volve any of the traditional elements of common-law fraud. This Article traces the roots of novel fraud theories with tools drawn from legal theory, linguistics, and …

Redefining Law In China, Zeming Liu, Benjamin L. Liebman

Faculty Scholarship

Although there is a growing body of literature on the role of law under authoritarian regimes, scholars have paid little attention to authoritarian legal ideology or conceptions of legality in contemporary authoritarian states. This Article presents the first in-depth study of the Chinese Communist Party’s recent novel attempt to introduce and implement an official legal ideology under the banner of “Xi Jinping’s Thought on the Rule of Law,” one which aims both to create a definitive theory of law and to offer a guide to China’s legal development. We examine four principal components of this legal ideology: the theoretical definition …