Digital Commons Network^™

The Role Of Accountability In Preserving Judicial Independence: Examining The Ethical Infrastructure Of The Federal Judicial Workplace, Susan Saab Fortney

Faculty Scholarship

After news reports of sexual harassment allegations involving federal judges, U.S. Supreme Court Chief Justice John Roberts asked the Director of the Administrative Office of the U.S. Courts to assemble a working group to address concerns related to misconduct in the federal judicial workplace. Following the working group’s report, the judiciary adopted recommendations relating to discrimination and harassment in the federal judiciary. Using the ethical infrastructure framework, this article reviews what changes have been made and what is missing. It explains how the steps taken largely focus on formal aspects of communicating and monitoring standards of conduct. Notably missing are …

The Demise Of Deference — And The Rise Of Delegation To Interpret?, Thomas W. Merrill

Faculty Scholarship

In the concluding days of its recently completed Term, in the midst of headline-grabbing decisions about presidential immunity, gun rights, and abortion, the Supreme Court rendered a momentous decision overruling the Chevron doctrine. The decision in Loper Bright Enterprises v. Raimondo was not a surprise. After treating the Chevron doctrine as a settled principle of administrative law for more than three decades, the Court stopped applying it in 2016. Several Justices authored individual opinions urging that it was unconstitutional, violated the Administrative Procedure Act (APA), was prone to manipulation by judges, created systematic bias in favor of the government, and …

The Second Amendment’S Second Sex, Michael Ulrich

Faculty Scholarship

This Essay explores how the Supreme Court’s Second Amendment doctrine perpetuates gender hierarchies and a male monopoly on lethal self-defense. It critiques the narrow “true man” framing that ignores women’s experiences and advocates for a justice-centered framework that incorporates power and privilege into the gun-rights discourse.

With Fear, Favor, And Flawed Analysis: Decision-Making In U.S. Immigration Courts, Karen B. Musalo Prof.

Faculty Scholarship

Immigration judges (IJs), housed within the Executive Office for Immigration Review within the Department of Justice (DOJ), make decisions in asylum and withholding claims, which are life or death matters. And although their title is “judge,” IJs are DOJ attorneys who lack independence and are particularly susceptible to political pressures. Federal court judges and scholars alike have criticized the quality and fairness of IJ decision-making, and many studies have been carried out to better understand the factors that impact it. The prior studies have relied principally on quantitative data because IJ decisions are not publicly available or searchable in any …

Early Use Of Long-Acting Injectable Antipsychotics In Bipolar Disorder Type I: An Expert Consensus, Martha Sajatovic

Faculty Scholarship

Introduction: Long-acting injectable antipsychotics (LAIs) are not routinely offered to patients living with bipolar disorder type I (BP-I), despite widespread evidence that supports their benefits over oral antipsychotics, particularly in early disease. Methods: A round-table meeting of psychiatrists convened to discuss barriers and opportunities and provide consensus recommendations around the early use of LAIs for BP-I. Results: LAIs are rarely prescribed to treat BP-I unless a patient has severe symptoms, sub-optimal adherence to oral antipsychotics, or has experienced multiple relapses. Beyond country-specific accessibility issues (e.g., healthcare infrastructure and availability/approval status), primary barriers to the effective use of LAIs were identified …

Opening Brief For Plaintiff-Appellant Brandon Velez, Stephen T. Martin, Seth J. Hipple, Madeline H. Meth, Elise Chigier, Bilal Mubarack, Daniel Siemers

Faculty Scholarship

Reasons Why Oral Argument Should Be Heard: Oral argument would significantly aid this Court. This appeal presents important questions about what constitutes excessive force, retaliatory arrest, and unlawful failure to train police officers. Oral argument would allow the Court to investigate the complex facts at issue and the elements of these claims.

Searching For The Radical Constitution, Robert L. Tsai

Faculty Scholarship

Due to its length and richness, The Constitutional Bind could be considered several books in one. It is a socialist critique of American political development that highlights the tradeoffs from incremental rather than transformational progress. It is also a partial intellectual history of radical and alternative constitutional theories marginalized by the set of ideas that came to rule. Finally, the book serves as an urgent plea for fellow citizens to give up the mesmerizing, yet frustratingly confining rhetoric of twentieth-century liberal constitutionalism.

Given Rana’s central objective of investigating the rise of the “creedal” approach to American constitutionalism, I believe it …

A Simple And Fast Optical Clearing Method For Whole-Mount Fluorescence In Situ Hybridization (Fish) Imaging, Junwoo Suh, Yehe Liu, Jordan Smith, Michiko Watanabe, Andrew M. Rollins, Michael W. Jenkins

Faculty Scholarship

We report a single-step optical clearing method that is compatible with RNA fluorescence in situ hybridization (FISH) imaging. We previously demonstrated microscopy imaging with immunohistochemistry and genetic reporters using a technique called lipid-preserving refractive index matching for prolonged imaging depth (LIMPID). Our protocol reliably produces high-resolution three-dimensional (3D) images with minimal aberrations using high magnification objectives, captures large field-of-view images of whole-mount tissues, and supports co-labeling with antibody and FISH probes. We also custom-designed FISH probes for quail embryos, demonstrating the ease of fabricating probes for use with less common animal models. Furthermore, we show high-quality 3D images using a …

Reducing Consumer–Brand Incongruity Through Corporate Social Responsibility And Brand Trust: Exploring Negative Word-Of- Mouth (Nwom), Petek Tosun, Sandy Ipeker Cagliyor, Merve Yanar Gürce

Faculty Scholarship

Drawing upon consumer–brand disidentification theory and balance theory, this study examines symbolic and ideological incongruity in consumer–brand relationships through an original conceptual model shaped by negative past experiences, brand trust, perceived corporate social responsibility (CSR), and negative word-of- mouth (NWOM). A preliminary study was conducted to explore the dimensions of consumers' negative past experiences by topic detection. Latent Dirichlet allocation (LDA) topic modeling was undertaken to analyze online consumer reviews (n = 6095) about a coffee chain brand. The dimensions detected in this preliminary study were included in the research model and further analyzed in the main study. The main …

Intellectual Property, Genetic Resources, And Associated Traditional Knowledge, N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy

Faculty Scholarship

The recently concluded WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge mandates disclosure requirements in patent applications, thereby creating an obligation to attribute the use of genetic resources and traditional knowledge. The WIPO member countries thus have an opportunity to modify their national patent laws, so that they can effectively control genetic resources and traditional knowledge. This article examines the choices that the biodiversity-rich countries have when designing their national legal systems to implement the treaty.

Shifting Toward Boilerplate Regulation, Wayne R. Barnes

Faculty Scholarship

Consumer assent to standard form contracts has been creating cognitive dissonance among contracts scholars for a century. Businesses impose standard forms on consumers, who never read the terms. But consumers would not understand them if they did. And they don’t have the bargaining power to change them anyway—the terms are famously “take it or leave it.” Contracting is ideally theorized as an act of voluntary, knowing consent to all the terms agreed to. The dissonance is that consumers, although ostensibly signaling their assent to the boilerplate by signing (or clicking, or tapping their phone screen), do not in fact know …

The International Court Of Justice: New Challenges In The Hague For Adjudication Of Interstate Disputes, John Bellinger, Catherine Amirfar, Sarah H. Cleveland, Juan Manuel Gómez-Robledo Verduzco

Faculty Scholarship

This panel was convened on Thursday, March 30, 2023 at 10:30 a.m. by its moderator Catherine Amirfar of Debevoise & Plimpton LLP, who introduced the panelists: Sarah Cleveland of Columbia University Law School; and Juan Manuel Gómez-Robledo Verduzco, the Deputy Permanent Representative to the United Nations for Mexico.

The 2023 Merger Guidelines: An Assessment, Herbert Hovenkamp, Tim Wu, James Keyte

Faculty Scholarship

The 2023 Merger Guidelines1 are ten months old, but they still need some unpacking. To help our readers think through the issues that the Guidelines raise, Antitrust magazine asked two experienced legal scholars — Professors Tim Wu and Herbert Hovenkamp — to discuss the Guidelines with Antitrust editorial board member James Keyte. This discussion took place on May 28, 2024. The transcript has been edited for length and readability.

Speaking Collectively: The First Amendment, The Public Sector, And The Right To Bargain And Strike, Kate Andrias

Faculty Scholarship

How is it that the Supreme Court has not understood collective bargaining and strikes among public sector workers to fall within the First Amendment’s ambit? Public sector union activity involves expression, assembly, association, and petitioning. Workers’ ability to form unions and to engage in concerted action in support of their shared goals is an important part of democratic governance. Through unions, workers engage in active citizenship; through association with one another, they express their views collectively and engage the government and the public on issues of public concern. Indeed, in the context of protecting the putative speech rights of union …

Uniform Commercial Code: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne R. Barnes

Faculty Scholarship

The survey that follows highlights the most important developments of 2023 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions. Along with the usual descriptions of interesting judicial decisions highlighted in the survey, there has also been legislative progress in several areas. The 2022 Amendments to the Uniform Commercial Code ("U.C.C.") (the "2022 Amendments") have been adopted in twenty-four states plus the District of Colombia and introduced in five states.

The False Choice Between Digital Regulation And Innovation, Anu Bradford

Faculty Scholarship

This Article challenges the common view that more stringent regulation of the digital economy inevitably compromises innovation and undermines technological progress. This view, vigorously advocated by the tech industry, has shaped the public discourse in the United States, where the country’s thriving tech economy is often associated with a staunch commitment to free markets. U.S. lawmakers have also traditionally embraced this perspective, which explains their hesitancy to regulate the tech industry to date. The European Union has chosen another path, regulating the digital economy with stringent data privacy, antitrust, content moderation, and other digital regulations designed to shape the evolution …

Commercial Boilerplate: A Review And Research Agenda, Robert E. Scott, Stephen J. Choi, Mitu Gulati

Faculty Scholarship

Boilerplate contracts have long fascinated legal scholars. But the focus has been largely on consumer contracts, with the debate centered on the question of whether take-it-or-leave-it mass-produced forms imposed on consumers by large corporations should be treated as contracts or as a problem in regulation. By contrast, commercial boilerplate — the standard forms used in transactions for corporate or sovereign bonds or merger agreements — has traditionally received little attention. The assumption has been that form contracts among sophisticated parties may differ in form but not in substance from bespoke contracts between business entities. Yet a growing body of scholarship …

The State Statutes Project, Neel Guha, Diego A. Zambrano

Faculty Scholarship

State statutes are having a moment in national debates. Partly fueled by polarization, state legislatures have pushed the boundaries on almost every important national question, from abortion and regulation of social media, all the way to police lawsuits and drug use. Take, for instance, the by now well-known example of Texas Senate Bill 8. To avoid Roe v. Wade, the Texas Legislature enacted a statute that allowed private parties (really, anyone) to sue abortion providers. The kicker was that the statute prohibited government enforcement in order to prevent Ex parte Young style challenges in federal court. Or take Montana’s attempt …

The Intangible Divide: Why Do So Few Firms Invest In Innovation?, James Bessen, Xiupeng Wang

Faculty Scholarship

Investments in software, R&D, and advertising have grown rapidly, now approaching half of U.S. private nonresidential investment. Yet just a few hundred firms account for almost all this growth. Most firms, including many large ones, regularly invest little in capitalized software and R&D, and this "intangible divide" has surprisingly deepened as intangible prices have fallen relative to other assets. Using comprehensive US Census microdata, we document these patterns and explore a variety of factors associated with intangible investment. We find that firms invest significantly less in innovation-related intangibles when their rivals invest more. One firm's investment can obsolesce rivals' investments, …

Common Measures Of Vaccination Intention Generate Substantially Different Estimates That Can Reduce Predictive Validity, Jessica Fishman, K. Aleks Schaefer, Daniel Scheitrum, Christopher Robertson, Dolores Albarracin

Faculty Scholarship

Surveys often estimate vaccination intentions using dichotomous ("Yes"/"No") or trichotomous ("Yes," "Unsure," "No") response options presented in different orders. Do survey results depend on these variations? This controlled experiment randomized participants to dichotomous or trichotomous measures of vaccine intentions (with “Yes” and “No” options presented in different orders). Intentions were measured separately for COVID-19, its booster, and influenza vaccines. Among a sample of U.S. adults (N = 4,764), estimates of vaccine intention varied as much as 37.5 ± 17.4 percentage points as a function of the dichotomous or trichotomous response set. Among participants who had not received the COVID-19 vaccine, …

Evolving Corporate Philanthropy, David I. Walker

Faculty Scholarship

With the rise of corporate ESG initiatives and public benefit corporations, corporate philanthropy is evolving from an emphasis on cash contributions (contributional philanthropy) to an emphasis on adjusting operations to advance the public good (operational philanthropy). All forms of corporate philanthropy are controversial, but this article evaluates the impact of this evolution on the relative benefits and concerns of corporate philanthropy, arguing that the shift in emphasis towards operational philanthropy increases the comparative advantage of corporate philanthropy, increases agency costs, both simplifies and complicates shareholder primacy concerns, and increases the difficulty of prescriptively regulating corporate philanthropy through the tax code …

Constitutional Disorder, Robert L. Tsai

Faculty Scholarship

This is a review essay inspired by two books: Yuval Levin's American Covenant (2024) and Erwin Chemerinsky's No Democracy Lasts Forever (2024). I make the following points. First, all treatments of the U.S. Constitution can be mapped on a continuum from the worshipful to the diagnostic. Second, Levin's account, which inclines toward the devotional, extols certain features deemed both originalist and virtuous: social unity over untidiness, consensus over dissent, fear and loathing of mass politics. Third, such accounts may not be sufficiently nimble to grapple with contemporary problems such as new forms of oligarchy or movement capture of traditional parties. …

Mhongoose Discovery Of A Gas-Rich Low Surface Brightness Galaxy In The Dorado Group, Stacy Mcgaugh

Faculty Scholarship

We present the discovery of a low-mass, gas-rich low surface brightness galaxy in the Dorado group, at a distance of 17.7 Mpc. Combining deep MeerKAT 21-cm observations from the MeerKAT Hi Observations of Nearby Galactic Objects: Observing Southern Emitters (MHONGOOSE) survey with deep photometric images from the VST Early-type Galaxy Survey (VEGAS) we find a stellar and neutral atomic hydrogen (H i) gas mass of M∗ = 2:23 × 106M⊙ and MHI = 1:68 × 106 M⊙, respectively. This low surface brightness galaxy is the lowest-mass Hi detection found in a group beyond the local Universe (D ≳ 10 Mpc). …

Reply Brief For Plaintiff-Appellant Rocky Freeman, Madeline H. Meth

Faculty Scholarship

Because the Probation Office “dropped the ball,” JA199, false information remained in Rocky Freeman’s pre-sentence report for years. The Bureau of Prisons knew or should have known that it was relying on an inaccurate PSR. Yet, it failed to take any action to obtain correct information until Freeman discovered that BOP had been treating him as if he were a contract killer who had murdered two victims—effectively punishing him for acquitted conduct contrary to a court order. Instead of designating Freeman to the lowest-security-level facility for which he was qualified within 500 miles of his family, the United States sent …

Impact Of Body Mass Index And Vo2 Max On Symptoms, Physical Activity, And Physical Function In A Multinational Sample Of People With Hiv, Christine Horvat Davey, Deepesh Duwadi

Faculty Scholarship

People with HIV (PWH) are at increased risk for metabolic disorders affecting body mass index (BMI), chronic symptoms, and impaired physical function and capacity. Although physical activity improves health and well-being, PWH often do not meet activity recommendations necessary to achieve these benefits. Despite the known impact of symptoms, physical activity, and physical function on health, little is known about the relationships and interactions between these variables and BMI and maximum oxygen consumption during exercise (VO2 max) in a multinational population of PWH. We examined the relationship of BMI with PROMIS-29 measures, physical activity, strength, flexibility, and VO2 max in …

Melanism In Polymorphic Terrestrial Snakes: A Meta-Analysis And Systematic Review, Ryan A. Martin

Faculty Scholarship

Background and Aim: Colour polymorphic populations constitute excellent model systems for testing ecological and evolutionary hypotheses, as alternate colourations are associated with differences in various biological, behavioural and life-history traits. Melanism is the most common and most obvious form of polymorphism. In reptiles in general (and snakes in particular), thermal melanism has been a popular hypothesis used to explain the appearance of black individuals. It suggests that a trade-off exists between superior thermoregulation and reduced protection through the loss of crypsis. Surprisingly, despite the growing body of literature available, to date, there are only two qualitative reviews on the evolutionary …

Breakthrough Conductivity Enhancement In Deep Eutectic Solvents Via Grotthuss-Type Proton Transport, Desiree Mae Prado, Clemens Burda, Anthony Jahng, Kayla Poling

Faculty Scholarship

There is an increasing demand for the development of ion-conducting electrolytes for energy storage systems. Much attention is directed toward deep eutectic solvents as potential candidates. In the search for highly conductive systems, the possibility of designing deep eutectic solvents with Grotthuss-type proton transport is widely overlooked. Herein, ethaline, a mixture of choline chloride and ethylene glycol is used in a 1:2 molar ratio, to induce a significant conductivity increase with the addition of water and sulfuric acid (H₂SO₄). The achieved breakthrough conductivity is analyzed experimentally and simulated with ab initio molecular dynamics (AIMD). At sufficient water content, an H-bonding …

All You Need Is Unary: End-To-End Bit-Stream Processing In Hyperdimensional Computing, Mehran Shoushtari Moghadam, M. Hassan Najafi

Faculty Scholarship

Hyperdimensional Computing (HDC) is a brain-inspired computing paradigm introduced to achieve energy efficiency with a lightweight and single-pass training model. Hypervectors (HVs) at the heart of the HDC systems play a fundamental role in elevating the accuracy and obtaining the desired performance. Image-based HV encoding requires two types of HVs: Position and Level HVs. State-of-the-art approaches utilize pseudo-random methods for generating these HVs, which might degrade system performance and cause higher power consumption due to poor randomness in HV generation. These conventional methods require iteratively calculating orthogonal Positional HVs for acceptable accuracy. This work proposes a fast, ultra-lightweight, and high-quality …

Navigating Life: Neuroscience And Inclusive Design In Wayfinding Systems, Stephanie Jost, Piper Hutson, James Hutson

Faculty Scholarship

Wayfinding, as conceptualized by Lynch, has transformed from traditional navigation methods reliant on visual cues and landmarks to modern systems that integrate digital technologies and neuroscience. This study addresses the need for accessible and consistent wayfinding systems that accommodate diverse user abilities, particularly in complex environments such as public transit, hospitals, and large institutions. Current systems often lack coordination, clear signage, and comprehensive coverage, leading to navigation challenges. Through a multi-method approach, including literature review and case study analysis, this research evaluates best practices for inclusive wayfinding. Key findings emphasize the importance of consistent visual design, strategic sign placement, and …

Bridging Disciplines With Ai-Powered Coding: Empowering Non-Stem Students To Build Advanced Apis In The Humanities, Daniel Plate, James Hutson

Faculty Scholarship

The integration of AI-powered coding assistants, such as Cursor AI, GitHub Copilot, and Replit’s Ghostwriter AI, represents a transformative shift in programming education, particularly for non-STEM students. These tools democratize coding by enabling natural language code generation, intelligent error correction, and context-aware assistance within familiar coding environments. This article explores how these technologies empower educators across disciplines to introduce basic and advanced coding concepts to humanities students, a demographic traditionally underserved in programming education. By leveraging AI, instructors can teach non-STEM students the foundational principles of coding and guide them through the development of sophisticated projects, such as building APIs …