Digital Commons Network^™

Movement On Removal: An Emerging Consensus On The First Congress, Jed Shugerman

Faculty Scholarship

What did the “Decision of 1789” decide about presidential removal power, if anything? It turns out that an emerging consensus of scholars agrees that there was not much consensus in the First Congress.

Two more questions follow: Is the “unitary executive theory” based on originalism, and if so, is originalism a reliable method of interpretation based on historical evidence?

The unitary executive theory posits that a president has exclusive and “indefeasible” executive powers (i.e., powers beyond congressional and judicial checks and balances). This panel was an opportunity for unitary executive theorists and their critics to debate recent historical research questioning …

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.

Aether Scalar Tensor Theory Confronted With Weak Lensing Data At Small Accelerations, Tobias Mistele, Stacy S. Mcgaugh

Faculty Scholarship

Context. The recently proposed aether scalar tensor (AeST) model reproduces both the successes of particle dark matter on cosmological scales and those of modified Newtonian dynamics (MOND) on galactic scales. But the AeST model reproduces MOND only up to a certain maximum galactocentric radius. Since MOND is known to fit very well to observations at these scales, this raises the question of whether the AeST model comes into tension with data. Aims. We tested whether or not the AeST model is in conflict with observations using a recent analysis of data for weak gravitational lensing. Methods. We solved the equations …

A Novel Approach To Legacy Donations With Long-Term Benefits Supported By Mathematical Analysis, Daniel Solow, Robin Symes

Faculty Scholarship

A novel approach to legacy donations, called the “Master Fund Strategy,” is proposed. Potential long-term financial benefits for both donor and nonprofit organizations (NPOs) when compared to a “Traditional Fund Strategy” are established through mathematical analysis and computer simulations, providing nonprofit marketing and fundraising professionals an alternative way to lock in bequest funding. In particular, formulas are developed for computing relevant financial quantities associated with the two strategies. Conditions are presented under which the Master Fund Strategy is better than the Traditional Fund Strategy, in the sense that there is a point in time when the net present value of …

Legal Clutter: How Concurring Opinions Create Unnecessary Confusion And Encourage Litigation, Meg Penrose

Faculty Scholarship

Good judges are clear writers. And clear writers avoid legal clutter. Legal clutter occurs when judges publish multiple individually written opinions that are neither useful nor necessary. This essay argues that concurring opinions are the worst form of legal clutter. Unlike majority opinions, concurring opinions are legal asides, musings of sorts—often by a single judge—that add length and confusion to an opinion often without adding meaningful value. Concurring opinions do not change the outcome of a case. Unlike dissenting opinions, they do not claim disagreement with the ultimate decision. Instead, concurring opinions merely offer an idea or viewpoint that failed …

Neuroaffirmative Approaches To Extended Reality: Empowering Individuals With Autism Spectrum Condition Through Immersive Learning Environments, James Hutson, Caitlyn Mcginley

Faculty Scholarship

Traditional teaching and working environments often prioritize extroverted qualities, disadvantaging individuals with conditions that impact social engagement, such as autism spectrum condition (ASC). These individuals usually thrive in calmer, low-key learning environments but face challenges in lecture-style classes, and traditional office environments leading to marginalization in academic and professional settings. This study explores the neuroaffirming potential of extended reality (XR) in creating immersive learning and working environments tailored to the unique needs of individuals with ASC. By focusing on four key factors—indirect social engagement, digital communication preferences, sensory sensitivity, and avatar-based communication—XR technologies can provide a supportive and accommodating environment …

Sex Differences In Resting Metabolic Rate Among Athletes And Association With Body Composition Parameters: A Follow-Up Investigation, Andrew R. Jagim, Margaret T. Jones, Andrew T. Askow, Joel Luedke, Jacob L. Erickson, Jennifer B. Fields, Chad Kerksick

Faculty Scholarship

The purpose of this study was to examine sex differences in resting metabolic rate (RMR) and associations between measured RMR and body composition parameters in athletes. One-hundred and ninety collegiate men (n = 98; age: 20.1 ± 1.6 yr.; body mass: 92.7 ± 17.5 kg; height: 181.6 ± 6.2 cm, body mass index: 28.0 ± 4.7 kg/m2) and women (n = 92; age: 19.4 ± 1.1 yr.; body mass: 65.2 ± 11.0 kg; height: 168.0 ± 6.6 cm, body mass index: 23.0 ± 3.6 kg/m2) athletes volunteered to participate in this study. Athletes completed a body composition assessment using air …

A Randomized Controlled Trial To Examine The Impact Of A Multi-Strain Probiotic On Self-Reported Indicators Of Depression, Anxiety, Mood, And Associated Biomarkers, Kylie E. Walden, Jessica M. Moon, Anthony M. Hagele, Leah E. Allen, Connor J. Gaige, Joesi M. Krieger, Ralf Jäger, Petey W. Mumford, Marco Pane, Chad M. Kerksick

Faculty Scholarship

Objective: To examine the efficacy of supplementing with a multi-strain probiotic (MSP) on changes associated with mood, anxiety, and neurotransmitter levels.

Method: In a randomized, double-blind, placebo-controlled fashion, 70 healthy men and women (31.0  ±  9.5  years, 173.0  ±  10.4  cm, 73.9  ±  13.8  kg, 24.6  ±  3.5  kg/m2 ) supplemented with a single capsule of MSP (a total daily dose of 4 × 109 colony forming units [CFU] comprised of a 1 × 109   CFU dose from each of the following strains: Limosilactobacillus fermentum LF16, Lacticaseibacillus rhamnosus LR06, Lactiplantibacillus plantarum LP01, and Bifidobacterium longum 04, Probiotical S.p.A., Novara, …

Differential Expression Of Genes Involved In The Chronic Response To Intracortical Microelectrodes, Sydney S. Song, Lindsey N. Druschel, E. Ricky Chan, Jeffrey R. Capadona

Faculty Scholarship

Brain-Machine Interface systems (BMIs) are clinically valuable devices that can provide functional restoration for patients with spinal cord injury or improved integration for patients requiring prostheses. Intracortical microelectrodes can record neuronal action potentials at a resolution necessary for precisely controlling BMIs. However, intracortical microelectrodes have a demonstrated history of progressive decline in the recording performance with time, inhibiting their usefulness. One major contributor to decreased performance is the neuroinflammatory response to the implanted microelectrodes. The neuroinflammatory response can lead to neurodegeneration and the formation of a glial scar at the implant site. Historically, histological imaging of relatively few known cellular …

Field Studies Of Perc And Al-Bsf Pv Module Performance Loss Using Power And I-V Timeseries, Alan J. Curran, Xuanji Yu, Jiqi Liu, Laura S. Bruckman, Roger H. French

Faculty Scholarship

We have studied the degradation of both full-sized modules and minimodules with PERC and Al-BSF cell variations in fields while considering packaging strategies. We demonstrate the implementations of data-driven tools to analyze large numbers of modules and volumes of timeseries data to obtain the performance loss and degradation pathways. This data analysis pipeline enables quantitative comparison and ranking of module variations, as well as mapping and deeper understanding of degradation mechanisms. The best performing module is a half-cell PERC, which shows a performance loss rate (PLR) of −0.27 ± 0.12% per annum (%/a) after initial losses have stabilized. Minimodule studies …

Field Studies Of Perc And Al-Bsf Pv Module Performance Loss Using Power And I-V Timeseries, Alan J. Curran, Xuanji Yu, Jiqi Liu, Laura S. Bruckman, Roger H. French

Faculty Scholarship

We have studied the degradation of both full-sized modules and minimodules with PERC and Al-BSF cell variations in fields while considering packaging strategies. We demonstrate the implementations of data-driven tools to analyze large numbers of modules and volumes of timeseries data to obtain the performance loss and degradation pathways. This data analysis pipeline enables quantitative comparison and ranking of module variations, as well as mapping and deeper understanding of degradation mechanisms. The best performing module is a half-cell PERC, which shows a performance loss rate (PLR) of −0.27 ± 0.12% per annum (%/a) after initial losses have stabilized. Minimodule studies …

My Name Is Max, Max Bowman

Faculty Scholarship

No abstract provided.

On The Aesthetic Of Diagrams In Byzantine Art, Justin Willson

Faculty Scholarship

Byzantine art has a reputation for being less based in diagrams than Western medieval art. The present essay offers a reassessment of this view through an examination of debates between Greeks and Latins from the eleventh to the fifteenth century. This cultural give-and-take led to a reconceptualization of Trinitarian iconography among Greek theologians. Taking as its case study an overlooked class of theological diagrams, this paper suggests that late Byzantine art may in fact be more “diagrammatic” than has typically been assumed. Exploring the relation between these diagrams and two types of Trinitarian images, the Synthronoi and Paternitas, it shows …

Rethinking Education In The Age Of Ai: The Importance Of Developing Durable Skills In The Industry 4.0, James Hutson, Jason Ceballos

Faculty Scholarship

This article discusses the pressing need to integrate artificial intelligence (AI) into education to facilitate customizable, individualized, and on-demand learning pathways. At the same time, while AI has the potential to expand the learner base and improve learning outcomes, the development of NACE Competencies and durable skills – communication, critical thinking, creativity, leadership, adaptability, and emotional intelligence - must be purposefully integrated in curriculum design now more than ever. Recent studies have shown that AI-driven learning pathways can achieve outcomes more quickly, but this comes at the cost of the development of durable skills. Therefore, traditional student-to-student and student-to-teacher interactions …

Corporate Compliance's Achilles Heel, Miriam Baer

Faculty Scholarship

No abstract provided.

Estimating The Impact Of The Age Of Criminal Majority: Decomposing Multiple Treatments In A Regression Discontinuity Framework, Michael Mueller-Smith, Benjamin David Pyle, Caroline Walker

Faculty Scholarship

This paper studies the impact of adult prosecution on recidivism and employment trajectories for adolescent, first-time felony defendants. We use extensive linked Criminal Justice Administrative Record System and socio-economic data from Wayne County, Michigan (Detroit). Using the discrete age of majority rule and a regression discontinuity design, we find that adult prosecution reduces future criminal charges over 5 years by 0.48 felony cases (↓ 20%) while also worsening labor market outcomes: 0.76 fewer employers (↓ 19%) and $674 fewer earnings (↓ 21%) per year. We develop a novel econometric framework that combines standard regression discontinuity methods with predictive machine learning …

Initiation Payments, Scott Hirst

Faculty Scholarship

Many of the central discussions in corporate governance, including those regarding proxy contests, shareholder proposals, and other activism or stewardship, can be understood as a single question: Is there under-initiation of corporate changes that investors would collectively prefer?

This Article sheds light on this question in three ways. First, the Article proposes a theory of investor initiation, which explains the hypothesis that there is under-initiation of collectively-preferred corporate change by investors. Even though investors collectively prefer that certain corporate changes take place, the costs to any individual investor from initiating such changes through high-cost proxy contests, or even low-cost shareholder …

When Will A Changing Climate Outpace Adaptive Evolution?, Ryan A. Martin, Sarah E. Diamond

Faculty Scholarship

Decades of research have illuminated the underlying ingredients that determine the scope of evolutionary responses to climate change. The field of evolutionary biology therefore stands ready to take what it has learned about influences upon the rate of adaptive evolution—such as population demography, generation time, and standing genetic variation—and apply it to assess if and how populations can evolve fast enough to “keep pace” with climate change. Here, our review highlights what the field of evolutionary biology can contribute and what it still needs to learn to provide more mechanistic predictions of the winners and losers of climate change. We …

Balkinization Symposium On Christian G. Fritz, Monitoring American Federalism: The History Of State Legislative Resistance, Christian G. Fritz

Faculty Scholarship

Balkinization, the blog founded by Knight Professor of Constitutional Law and the First Amendment Jack Balkin (Yale Law School), hosted a symposium on Christian Fritz's book Monitoring American Federalism: The History of State Legislative Resistance (Cambridge University Press, 2023) June 14-26, 2023. Six scholars from law schools across the United States discussed the book and the symposium concluded with Professor Fritz's response to the commentators.

Editorial: Developments In Sickle Cell Disease Therapy And Potentials For Gene Therapy, Robert W. Maitta, Hollie M. Reeves

Faculty Scholarship

No abstract provided.

Behavioral Paradigm For The Evaluation Of Stimulation-Evoked Somatosensory Perception Thresholds In Rats, Jeffrey R. Capadona

Faculty Scholarship

Intracortical microstimulation (ICMS) of the somatosensory cortex via penetrating microelectrode arrays (MEAs) can evoke cutaneous and proprioceptive sensations for restoration of perception in individuals with spinal cord injuries. However, ICMS current amplitudes needed to evoke these sensory percepts tend to change over time following implantation. Animal models have been used to investigate the mechanisms by which these changes occur and aid in the development of new engineering strategies to mitigate such changes. Non-human primates are commonly the animal of choice for investigating ICMS, but ethical concerns exist regarding their use. Rodents are a preferred animal model due to their availability, …

Using The Hands To Learn About The Brain: Testing Action-Based Instruction In Brain Anatomy, Fey Parrill

Faculty Scholarship

Brain anatomy is typically taught using static images. We asked participants to use their own hands to represent the brain and perform gestures during learning. We measured learning via a pretest/postest design. We compared five video trainings in which participants heard similar audio and repeated terminology aloud. Conditions were: (1) Image: Participants saw images of a physical model of the brain. (2) Physical model: Participants saw hands pointing to the physical model. (3) Physical model + action: Participants performed actions on the physical model. (4) Hand model: Participants saw images of hands being used to represent the brain. (5) Hand …

Human-Ai Collaboration For Smart Education: Reframing Applied Learning To Support Metacognition, James Hutson, Daniel Plate

Faculty Scholarship

This chapter investigates the profound influence of intelligent virtual assistants (IVAs) on the educational domain, specifically in the realm of individualized learning and the instruction of writing abilities and content creation. IVAs, incorporating generative AI technologies such as ChatGPT and Stable Diffusion, hold the potential to bring about a paradigm shift in educational programs, emphasizing the enhancement of advanced metacognitive capacities rather than the fundamentals of communication. The subsequent recommendations stress the need to cultivate enduring proficiencies and ascertain tailored learning approaches for each learner, which will be indispensable for success in the evolving job market. In this context, prompt …

Beneath The Property Taxes Financing Education, Timothy M. Mulvaney

Faculty Scholarship

Many states turn in sizable part to local property taxes to finance public education. Political and academic discourse on the extent to which these taxes should serve in this role largely centers on second-order issues, such as the vices and virtues of local control, the availability of mechanisms to redistribute property tax revenues across school districts, and the overall stability of those revenues. This Essay contends that such discourse would benefit from directing greater attention to the justice of the government’s threshold choices about property law and policy that impact the property values against which property taxes are levied.

The …

Rethinking Education Theft Through The Lens Of Intellectual Property And Human Rights, Peter K. Yu

Faculty Scholarship

This Essay problematizes the increased propertization and commodification of education and calls for a rethink of the emergent concept of “education theft” through the lens of intellectual property and human rights. This concept refers to the phenomenon where parents, or legal guardians, enroll children in schools outside their school districts by intentionally violating the residency requirements. The Essay begins by revisiting the debate on intellectual property rights as property rights. It discusses the ill fit between intellectual property law and the traditional property model, the impediments the law has posed to public access to education, and select reforms that have …

"They Don't Know What They Don't Know": A Study Of Diversion In Lieu Of Lawyer Discipline, Leslie C. Levin, Susan Saab Fortney

Faculty Scholarship

Lawyer misconduct can have devastating consequences for clients. But what is the appropriate regulatory response when lawyers make less serious mistakes? For almost thirty years, jurisdictions have offered some lawyers diversion in lieu of discipline. Diversion is intended to help educate lawyers or treat those with impairments so that they do not reoffend. Yet remarkably little is known about how diversion operates, whether it is used appropriately, and how well it seems to work. This Article addresses these questions. It draws on the limited published data and on interviews with disciplinary regulators in twenty-nine jurisdictions about their use of diversion. …

Forum Fights And Fundamental Rights: Amenability’S Distorted Frame, James P. George

Faculty Scholarship

Framing—the subtle use of context to suggest a conclusion—is a dubious alternative to direct argumentation. Both the brilliance and the bane of marketing, framing also creeps into supposedly objective analysis. Law offers several examples, but a lesser known one is International Shoe’s two-part jurisdictional test. The framing occurs in the underscoring of defendant’s due process rights contrasted with plaintiff’s “interests” which are often dependent on governmental interests. This equation ignores, both rhetorically and analytically, the injured party’s centuries-old rights to—not interests in—a remedy in an open and adequate forum.

Even within the biased frame, the test generally works, if not …

Enhancing Employability For Autistic Graduates: Using Triz Theory To Design Virtual Reality Solutions For Fostering Inclusive Communications In Workplace Environments, Jonathan Proulx Guimond, Jocelyn Kiss, Reyes Consuelo, Miguel Alejandro, Dominique Michaud, Rency Inson Michel, Alexandre Ménard, Isabelle Feillou, Geoffreyjen Edwards, James Hutson, Claude Vincent, Julie Ruel, Sylvain Letscher, Valéry Psyché, Cathia Papi, Martin Caouette

Faculty Scholarship

The underemployment of post-secondary graduates with autism (AP-PSD) is a critical concern. This issue often stems from difficulties in workplace integration and communication. This research explores the potential of virtual reality (VR) systems to alleviate these challenges by simulating work environments. The methodology, rooted in the TRIZ Theory, a problem-solving algorithm, refines the use of VR systems for enhanced adaptability and efficiency. The primary objectives include enhancing employers' understanding of AP-PSD-related issues and identifying significant workplace challenges faced by AP-PSDs. Through literature reviews, surveys, and focus groups, the study investigates the factors impacting AP-PSDs and identifies key components to develop …

Interposition: A State-Based Constitutional Tool That Might Help Preserve American Democracy, Christian G. Fritz

Faculty Scholarship

Interposition was not a claim that state sovereignty could or should displace national authority, but a claim that American federalism needed to preserve some balance between state and national authority.

http://commonplace.online/article/interposition/