Digital Commons Network^™

Cultivating Identity, Workforce Readiness, And Heutagogical Lifelong Learning: The Case For Student-Trained Ai Agents In Postsecondary Education, James Hutson

Faculty Scholarship

The accelerated integration of human-centered artificial intelligence and human-computer intelligent interaction (HCII) into postsecondary education has inaugurated a paradigm shift in how learners develop cognitive, socio emotional, and professional competencies. This article argues that requiring students to iteratively build and refine custom AI agents—digital “clones” or GPTs trained on their evolving beliefs, knowledge, values, and interests addresses three pressing challenges facing contemporary higher education. First, the process of self-modeling via agent training compels deep self-reflection, fostering socio-economic development and identity formation during the critical neurodevelopmental period that extends into the mid-twenties. Second, as industry trends increasingly prioritize the creation of …

The Origins Of "The Rule Of Law", Jeremy K. Kessler

Faculty Scholarship

This Article offers a novel account of the origins of “the rule of law” in the English-speaking world. The phrase itself likely entered the language as a literal translation of the Latin regula juris. Prior to the early seventeenth century, however, the phrase appears to have been used exclusively to refer to the specific legal rule or maxim most relevant to the resolution of a particular kind of dispute. The more general and abstract use of the phrase – to refer to an ideal of political morality or an ideal type of governance – first appeared in the public …

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 …

Diffusion Model For Medical Image Denoising, Reconstruction And Translation, Wei Wang, Shuo Li

Faculty Scholarship

Diffusion models, as a class of generative models, have demonstrated significant performance in image generation since their inception. The fundamental principle behind diffusion models is the definition of a forward process and a reverse process. The input data is progressively perturbed by adding random noise during the forward process, and the expected noise distribution is learned. In the reverse process, noise is gradually reduced from a Gaussian distribution to generate the image. Recently, diffusion models have been widely adopted in various image processing tasks, including text-to-image synthesis, denoising, segmentation, and object detection. In medical image analysis, diffusion models have shown …

Conceptualizing The Research Cycle For The Field Of Materials Science And Engineering, Jennifer L.W. Carter

Faculty Scholarship

Abstract: Early-career materials researchers often receive guidance from their individual advisors on best practices for conducting research, but the materials science community lacks an explicit model of the research process. As a result, the lived experience of an individual researcher can be quite different from their peers since they may be exposed to a different unique set of implicit research steps. In this article, we translate an existing research heuristic from other fields and make explicit the steps, methodologies, and strategies materials science engineering researchers utilize to advance our collective materials science knowledge. This newly proposed research cycle can improve …

Medium Matters In Preparing For Law Practice: Critical E-Reading, Amanda L. Sholtis

Faculty Scholarship

No abstract provided.

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 …

From Palimpsest To Prompt: Rewriting Shakespeare, Creative Authorship, And The Generative Logics Of Large Language Models In Contemporary Theatre, Michael Harding, James Hutson

Faculty Scholarship

This article examines the convergence of creative authorship, adaptation, and generative artificial intelligence within contemporary theatre, taking Michael Harding‘s Awake, Young King as a central case study. Through the rewriting of Shakespearean drama, Harding‘s creative process demonstrates how theatrical meaning emerges through ongoing negotiation among playwright, performer, and audience, with scripts historically subject to revision, improvisation, and reinterpretation. Concerns regarding copyright, intellectual property, and the role of AI in the performing arts are reframed as extensions of enduring debates over originality and authorship, rather than novel threats. Tracing the evolution from The Rise of James VI to Awake, Young King, …

Transforming The World With Reparations?, Ingrid Brunk, Monica Hakimi

Faculty Scholarship

Claims for reparations in international law commonly reflect two competing visions--one transformative, the other corrective. The transformative vision looks to reparations to end the long tail of injustices that are associated with large-scale historic harms. The corrective vision is more confined; it focuses on repairing specific, legally cognizable harms and returning the agents or entities involved as closely as possible to the status quo ante. We argue in this Essay that these two visions have distinct conceptual logics, even though they often overlap in practice, and that the transformative vision cannot carry the burdens that are placed on it.

A Conversation About Stare Decisis, Debra A. Livingston, John Q. Barrett

Faculty Scholarship

John Q. Barrett (“JQB”)

Chief Judge Debra Ann Livingston, welcome back to St. John’s.

The Chief Judge has been a friend to us for many years. It is an honor to host someone of her talent and someone in her position: the Chief Judge of the U.S. Court of Appeals for the Second Circuit.

We’re going to have a conversation for the first part of the program, about judging, her work, and stare decisis. But first, we need to meet you and hear a little bit about your background — where you are from — and the path that took …

Wealth Taxes Under The Constitution: An Originalist Analysis, David M. Schizer, Steven G. Calabresi

Faculty Scholarship

A federal wealth tax is high on the wish list of progressives, but is it constitutional? This Article shows that under the original public meaning of the Constitution, a wealth tax is a “direct tax” that must be apportioned. This means that the percentage of revenue collected in each state must match its percentage of the population. For instance, if two states both have three percent of the population, each must provide three percent of the revenue. This leads to an unappealing outcome: if one state is less wealthy, it needs a higher tax rate to supply its share.

Article …

Digital Bibliography In The Age Of Linked Data, Kate Ozment

Faculty Scholarship

The article explores how the interplay of ideological values and technological capacities have shaped the digital bibliography of British print history. Using a misgendering in the English Short Title Catalogue (ESTC) as a case study, the article explores how information flows through resources like Eighteenth Century Collections Online (ECCO), and Early English Books Online (EEBO), library catalogues, WorldCat, and retail outlets like Amazon. The article argues that as data from the ESTC is reproduced through linked data structures, information is ‘authorized’ far beyond what a single resource would do alone or what its original authors imagined or designed. While feminist, …

The Potential And Perils Of Financializing Climate Risk Governance: Insights For Urban Policymakers, Emma Colven, Madison Condon, Kelly Hereid, Savannah Cox

Faculty Scholarship

In this roundtable discussion, Savannah Cox speaks with three experts about the financialization of climate risk governance: Kelly Hereid, a climate scientist at Liberty Mutual, Madison Condon, an associate professor at Boston University School of Law, and Emma Colven, a lecturer in risk, environment, and society at King’s College London. In this conversation that ranges from Miami to Jakarta, Savannah, Kelly, Madison, and Emma discuss the legal, political, and technical challenges relating to financialized climate risk governance: on one hand, the rise of insurance companies and rating agencies as de facto “risk assessors” and, on the other hand, the proliferation …

Civilian Enforcers, Karen Pita Loor

Faculty Scholarship

This Article analyzes the largely unexplored phenomenon of militant civilians engaged in efforts to police and silence activism that challenges entrenched American power systems and economic distributions placing whites atop the social hierarchy in the United States. I argue that this civilian enforcement is an unregulated vessel for state-sponsored violence meant to silence the contestation of the existing racial hierarchy. While scholars, myself included, have written about the many ways police confront and silence racial justice activists on the streets at least since the beginning of the Black Lives Matter (BLM) movement, the role law enforcement plays in silencing racial …

"What Shall Be Orthodox" In Polarized Times: Overview And Response To Commentators, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” Justice Robert Jackson wrote this celebrated passage in his majority opinion in West Virginia State Board of Education v. Barnette (1943), which protected the First Amendment right of Jehovah’s Witness children not to participate in a compulsory flag salute in public schools. In recent years, protests against imposed orthodoxy—usually invoking Barnette—have occurred in …

A Historical Case For A Robust But Non-Remedial Seventh Amendment, Jed Handelsman Shugerman

Faculty Scholarship

In Jarkesy, the Supreme Court rightly held that the Seventh Amendment required a jury trial for a case fundamentally similar to common law fraud, and it rightly limited the scope of the “public rights” exception to the Seventh Amendment. Grounded in historical and originalist methods, this essay makes four suggestions after Jarkesy:

1. Following Jarkesy, the judiciary should continue a more robust enforcement of the Seventh Amendment right to a jury trial. The courts should eliminate the “public rights” exception to the Seventh Amendment, which does not appear to have an original link to the Seventh Amendment. The …

Dark Patterns As Disloyal Design, Johanna Gunawan, Woodrow Hartzog, Neil Richards, David Choffnes, Christo Wilson

Faculty Scholarship

Lawmakers have started to regulate “dark patterns,” understood to be design practices meant to influence technology users’ decisions through manipulative or deceptive means. Most agree that dark patterns are undesirable, but open questions remain as to which design choices should be subjected to scrutiny, much less the best way to regulate them.

In this Article, we propose adapting the concept of dark patterns to better fit legal frameworks. Critics allege that the legal conceptualizations of dark patterns are overbroad, impractical, and counterproductive. We argue that law and policy conceptualizations of dark patterns suffer from three deficiencies: First, dark patterns lack …

Taxprof Blog Op-Ed: More On The University Of Florida, The Adjunct Professor, And The Issues At Hand, Joshua E. Kastenberg

Faculty Scholarship

In assessing the conduct of the University of Florida’s law school leaders, Preston Damsky, Judge John Badalamenti, and the New York Times, I’ll concede that it is darn near impossible for any of us to be objective. But I’d like to contribute to this conversation in a way that at least attempts a degree of objectivity. This comment focuses on the judge turned adjunct professor, but to do so, there is a matter of context.

Grid Fragility, Blackouts, And Control Co-Design Solutions, Mario Garcia-Sanz

Faculty Scholarship

The grid is undergoing a large-scale transformation, including a significant reduction of synchronous generators, a high penetration of inverter-based resources and renewables, substantial demand growth, new extra-large loads, aging infrastructure and a concerning vulnerability to contingencies. Some of the recent massive blackouts in Spain/Portugal, Chile and Texas are exposing the fragility of the grid as we know it today. This paper introduces new solutions to stabilize the grid under undesired dynamic interactions and extreme contingencies, with the goal of avoiding cascading failures and blackouts. Using control co-design methodologies, the paper proposes three interdependent categories to improve the reliability and controllability …

Multi-Omic Spatially Resolved Analysis Of The Neuroinflammatory Response To Intracortical Microelectrode Arrays, E. Ricky Chan, Jeffrey R. Capadona

Faculty Scholarship

Intracortical microelectrode arrays (MEAs) are devices implanted into the brain's cortex with the ability to record or stimulate neuronal activity. Unfortunately, MEAs tend to fail over chronic time points, limiting their clinical utility. Chronic failure has largely been attributed to the brain's neuroinflammatory response. Until recently, most of what was understood about the neuroinflammatory response to MEAs was learned through immunohistochemical analysis of small numbers of proteins. More recently, gene expression studies have sequenced thousands of mRNA molecules that contribute to neuroinflammation, but few studies have performed large-scale proteomic analyses. To expand the knowledge of molecular mechanisms involved, we have …

Scaffolded Integration: Aligning Ai Literacy With Authentic Assessment Through A Revised Taxonomy In Education, James Hutson

Faculty Scholarship

The accelerating prevalence of generative artificial intelligence in educational and professional spheres necessitates a reevaluation of when and how such technologies are introduced within pedagogical practice. The principal challenge for educators is not merely the imperative to prepare students for an AI-driven world, but rather to ensure that assessment practices remain authentic—providing an accurate measure of what students can independently achieve before leveraging the augmentation potential of intelligent systems. This article contends that the incremental introduction of AI, mapped onto a scaffolded framework aligned with a revised Bloom’s Taxonomy, constitutes a methodologically sound approach for maintaining academic integrity, fostering transferable …

Ai For Good: Expanding Legal Services For Immigrants, Huyen Pham, Bryan Garcia

Faculty Scholarship

In this Essay, we explore the possibilities for putting AI technology in the hands of clients themselves, considering the advantages and disadvantages. Thinking about the specific context of immigration law, we could envision apps that help individuals to prepare for interviews for affirmative asylum, visas, or naturalization; to educate them about their rights in ways that are more specific, timely, and convenient than current know-your-rights formats; or, in a more attorney-adjacent interaction, using an app to conduct the initial intake interview and organize that information, making the usual time-consuming intake process more efficient and effective. We are not envisioning apps …

Looking For The Public In Public Law, Nikhil Menezes, David E. Pozen

Faculty Scholarship

The “public” is everywhere and nowhere in contemporary public law. Everywhere, in that the term is constantly invoked to justify and explain existing arrangements. Nowhere, in that serious attempts to identify a relevant public and elicit its input are few and far between. Scholars and officials depict the U.S. public as playing myriad roles in governance — checking, guiding, approving, repudiating—without offering an account of how public preferences are formed or how they exercise influence on questions of interest.

This Article seeks to identify and call attention to the foundational dilemmas underlying this disconnect, to clarify their normative contours and …

Addressing Missingness In Serialized Bureaucratic Data: The Case Of Chinese Courts, Xiaohan Wu, Margaret Roberts, Rachel E. Stern, Benjamin L. Liebman, Amarnath Gupta, Luke Sanford

Faculty Scholarship

Courts around the world are putting their data online, making information about caseloads, parties, and decisions available to the public. Yet, this data is far from complete, and often only reflects a portion of courts’ dockets. We offer and validate a set of tools for leveraging serialized bureaucratic data from courts to estimate the proportion of cases available to the public and the time courts take to make decisions. Using data from more than 3,000 courts in China, our methods allow us to assess patterns of missingness in court data across provinces and cities by type of case and to …

Beyond Issuers: The Future Of Private Securities Litigation, Joshua Mitts

Faculty Scholarship

Private securities litigation has traditionally been viewed as a subfield of corporate governance, reducing agency costs by disciplining wayward management. In this brief Symposium essay, I argue that the future of private securities litigation lies beyond issuers. I discuss how a fraud claim under Rule 10b-5 can be understood as a kind of economic tort, and set out, in broad strokes, an economic analysis of claims against non-issuer defendants. I then consider emerging trends in the case law against non-issuers in social media and market manipulation cases. I conclude by identifying some challenges and opportunities for securities litigation in a …

Competence-Competence, Delegation, And The Aaa/Icdr Rules, Christopher R. Drahozal, George A. Bermann, Jack J. Coe Jr., Catherine A. Rogers

Faculty Scholarship

In 2021 and 2022, the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR) amended their arbitration rules to address a “potential controversy” said to be caused by the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration. The “potential controversy” is over whether the rules providing that arbitrators have “the power to rule on [their] own jurisdiction” should be interpreted as delegation clauses — that is, as “clearly and unmistakably” delegating exclusive authority to resolve jurisdictional challenges to the arbitrators instead of the court. Most courts have so interpreted the rules.

By contrast, the …

Digital Resurrection Of Thonis-Heracleion: Technological Advances In Underwater Archaeology And A Speculative Ai-Driven Reconstruction Methodology, James Hutson, Passent Chahine

Faculty Scholarship

This article synthesizes past archaeological research on the submerged Egyptian city of Thonis-Heracleion, critically reviewing excavations and technological interventions deployed since its rediscovery by Franck Goddio and the IEASM team. Situated approximately 10 meters beneath Aboukir Bay near Alexandria, the city represents a significant nexus of Greek and Egyptian cultural heritage, vividly documented in classical sources such as Herodotus and Strabo. Prior excavations have recovered temple complexes, colossal statues, ritual artifacts, and an extensive array of ancient shipwrecks, mapping only a fraction of the extensive site. These investigations utilized pioneering geophysical methods, including multibeam sonar, side-scan sonar, and photogrammetry, establishing …

A Toda Bracket Convergence Theorem For Multiplicative Spectral Sequences, Eva Belmont

Faculty Scholarship

Moss’ theorem, which relates Massey products in the -page of the classical Adams spectral sequence to Toda brackets of homotopy groups, is one of the main tools for calculating Adams differentials. Working in an arbitrary symmetric monoidal stable simplicial model category, we prove a general version of Moss’ theorem which applies to spectral sequences that arise from filtrations compatible with the monoidal structure. This involves the study of Massey products and Toda brackets in a non-strictly associative context. The theorem has broad applications, e.g., to the computation of the motivic slice spectral sequence and other colocalization towers.

After Notice And Choice: Reinvigorating “Unfairness” To Rein In Data Abuses, Lina M. Khan, Samuel A.A. Levine, Stephanie T. Nguyen

Faculty Scholarship

The Federal Trade Commission (FTC) has long served as America’s default privacy enforcer. Yet for much of its history, the agency relied on self-regulation through a “notice and choice” framework that left the public vulnerable in an era of rampant data collection and digital surveillance. Businesses overwhelmed users with dense privacy notices while amassing and exploiting vast troves of personal data. The agency’s historical approach, rooted in outdated assumptions about self-correcting markets and an ideologically cramped view of the FTC’s authorities and mandate, helped usher in a digital economy where data abuses became routine.

During the Biden Administration, the FTC …

Law Enforcement Privilege, Rebecca Wexler

Faculty Scholarship

You can’t question a secret you haven’t been told. The criminal legal system depends on fair and open proceedings to expose and regulate unlawful and unconstitutional police conduct through the courts. If police can use claims of secrecy to systematically thwart criminal defendants’ access to evidence, judicial review will fail. And yet that is exactly what is happening under a common-law doctrine called the “law enforcement privilege.” The privilege empowers police and prosecutors to rely on the results of secret investigative methods while withholding information from the defense about how those methods work. It risks perpetuating unconstitutional conduct, enabling wrongful …