Digital Commons Network^™

Reversing Progress: The Political And Legal Ramifications Of The 2025 Dei Policy Rollback, Bridgette Baldwin

Faculty Scholarship

The year 2025 will mark a significant turning point in the landscape of American civil rights policy, as federal executive orders the Trump administration initiated seek to dismantle longstanding diversity, equity, and inclusion ("DEI") initiatives. Rooted in a historical context of civil rights progress, these orders aim to curtail affirmative action programs, eliminate DEI mandates within federal agencies and contractors, and challenge the legal foundations of inclusive policies across the country. This Article explores the evolving landscape of civil rights and DEI in the United States, examining its historical roots, recent legal and political developments, and ongoing challenges. From landmark …

Are There Ecological Consequences Of Urban Adaptation? A Test Of Eco-Evolutionary Dynamics In A Terrestrial Isopod (Oniscus Asellus), Aaron Yilmaz, Grace Bellino, Ryan A. Martin

Faculty Scholarship

Urbanization affects many aspects of the environment with the potential to alter both ecological and evolutionary processes. However, while examples of urban evolution are accumulating, tests of urban eco-evolutionary dynamics are rare. We carried out a reciprocal transplantation experiment using the terrestrial isopod Oniscus asellus to test how adaptation to the urban heat island influenced ecological processes. As isopods are important decomposers, we asked if leaf-litter decomposition differed among reciprocal transplant treatments and used a separate laboratory experiment to isolate the effects of temperature on rates of isopod leaf consumption. We found that leaf-litter decomposition was greater in urban habitats, …

Owning The Green Grid: The Political Economy Of Renewable Energy Policy Design, Joshua A. Basseches

Faculty Scholarship

How corporate ownership of the electricity grid matters to state-level renewable energy policymaking.

Historically (and for the foreseeable future), most public policy action in the United States to combat the global climate crisis has taken place at the state level. Former President Joe Biden’s administration marked a significant departure from that trend, as his policies pursued a strategy of “electrify everything” (transportation, buildings, and industry). But who owns the electricity system that is the linchpin of such a strategy, and how does this ownership affect the policy preferences of interest groups at the state level? Owning the Green Grid addresses …

Health Truth To Power: Professional Collaboration To Bolster Trust Against Misinformation, William M. Sage, Keegan D. Warren

Faculty Scholarship

This Article is about health, leaving aside more general challenges to shared civic information today. The Article begins by surveying the principal challenges for health information in post-pandemic, arguably post-truth America, and then describes briefly the sources and limits of medical professional authority. Noting the double-edged sword of free speech guarantees under the U.S. Constitution, the Article continues by commenting on speaking truth to government, to industry, and to the crowd. Next, the Article considers the physicians’ role in speaking truth to power from the perspective of standard medical professional ethics and identity, comparing it to that of lawyers. Finally, …

Confession Contamination And Dna Exonerations, 1989-2025, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Clinical Correlates Of Insomnia Symptoms In Young Children With Autism Spectrum Disorder, Megan L. Wenzell, Stephanie Griggs, Camdyn Roark, Megha Patil, Manav Patel

Faculty Scholarship

Objective: To examine clinical correlates of insomnia symptoms in children with autism spectrum disorder ascertained from a general outpatient autism clinic. Study design: This analysis included 103 children with autism spectrum disorder (mean age = 5.8 ± 2.2 years; range 2-10, 77.7% male). A multidisciplinary team assessed medical and psychosocial histories using parent ratings from the Pediatric Autism Insomnia Rating Scale (PAIRS), Aberrant Behavior Checklist (ABC), Brief Autism Mealtime Behavior Inventory, and the Parent Health-Related Quality of Life and Family Functioning and Family Functioning Surveys. Height and weight were collected. Children in the current sample with scores on the PAIRS …

The Ambitions Of History And Tradition In And Beyond The Second Amendment, Joseph Blocher, Reva B. Siegel

Faculty Scholarship

This Article examines the ambitions of history-and-tradition review in and beyond the Second Amendment. In Bruen and Rahimi, the Roberts Court rejected means-end review in favor of a historical-analogical approach, claiming to constrain the exercise of judicial discretion and thus to promote the democratic decisions of the founders. But our examination of these cases shows that the Court has created new opportunities for judges to advance their values in considerably less transparent ways. We identify contexts in which Second Amendment doctrine enables judicial discretion, key among them that it allows judges to reason about gun rights and regulation at disparate …

Memory Warriors, Pluralists, And Abnegators In Constitutional Interpretation: An Essay On Jack Balkin's Pluralist Originalism In Memory And Authority, Jed Handelsman Shugerman, Zachary Shugerman Handelsman

Faculty Scholarship

Jack Balkin’s Memory and Authority: The Uses of History in Constitutional Interpretation brings into conversation the scholarly insights of constitutional theory, history, and the growing field of “the politics of memory,” especially the concept of the “memory entrepreneur.”

Balkin appropriately connects the memory wars in American constitutional law back to Eastern

European memory wars during the World Wars and their aftermath. Prompted by Balkin, we turn to Jan Kubik and Michael Bernhard edited volume Twenty Years After Communism (2014), which has become even more widely influential after Putin’s invasion of Ukraine and a new round of Eastern European memory wars. …

Beyond Digital Pessimism: How A Focus On Trust Can Enhance Eu Digital Law, Neil Richards, Woodrow Hartzog, Claire Boine, Lea Despotis

Faculty Scholarship

Lawmakers looking to foster technological innovation on the European market are adopting laws they hope will promote consumer trust in digital products. Their strategy can be broken down into three components. First, they aim to empower consumers to choose how much data they want to share with companies through an express consent framework. Second, they seek to avoid harms from digital products through product safety law such as adapting the Product Safety Regulation to digital products or adopting the AI Act. Third, they endeavor to prevent manipulation of consumers through digital means.

In this essay, we argue that while laudable, …

Regulating Crisis Pregnancy Centers After Nifla And Dobbs: Controversies Over When Government Is Imposing An Orthodoxy About Abortion, Linda C. Mcclain

Faculty Scholarship

How does this broader sense of Barnette’s proscription of government from imposing “what shall be orthodox” implicate governmental restrictions on reproductive autonomy? Battles over reproductive freedom centrally implicate objections that government is unconstitutionally imposing a gender orthodoxy. Arguments for a right of personal autonomy embodying an antitotalitarian principle of liberty are arguments for a right to resist governmental imposition of an orthodoxy— for example, an idea about the natural or traditional role of women as mothers together with a view about how best to respect the sanctity of life. Rights to reproductive autonomy, grounded in personal autonomy and equality, …

An International Approach To Homelessness. Part I: The Case Of India., Pranit Lanjewar, Jaroslaw Richard Romaniuk

Faculty Scholarship

This paper, the first in a two-part study on homelessness in developing countries, explores the causes of homelessness in countries with significant populations living in poverty. This instalment focuses primarily on homelessness in India. The country’s diversity in terms of culture and religion is reflected in challenges when approaching issues related to homelessness. We highlight governmental initiatives to combat homelessness and provide impoverished people and families with access to essential services. A qualitative research method was used. We interviewed the recipients of government services aimed at helping their families overcome homelessness. Our findings highlight the role of education and educational …

Attitudes Driving Regional Differences In Long-Acting Injectable Antipsychotic Utilization For Schizophrenia Among Healthcare Professionals, Patients, And Caregivers (Advance): Results From A Multinational Survey Study, Martha Sajatovic

Faculty Scholarship

Background: Long-acting injectable (LAI) antipsychotics improve adherence and reduce schizophrenia relapse rates vs oral antipsychotics (OAs) but remain underused. The ADVANCE study explored country-level differences in LAI use among healthcare professionals (HCPs), patients, and caregivers, to identify drivers of LAI use. Study Design: ADVANCE included participants from Australia, Canada, China, Germany, Israel, South Korea, Spain, and the United States. Eligible HCPs spent ≥25% of their time in direct patient care, managed an adult population of whom ≥10% have schizophrenia, and treated patients prescribed LAIs. Patients aged ≥18 years and caregivers of adults living with schizophrenia who had tried/been offered an …

Jmu Libraries Magazine: Volume 3, Jenne M. Klotz, Emily D. Blake, Kristen S. Shuyler

Faculty Scholarship

Volume 3 of the biennial JMU Libraries magazine, highlighting services, events, awards of the JMU Libraries.

Experiences And Perceptions Of Patients, Caregivers, And Healthcare Professionals With Long-Acting Injectable Antipsychotics For The Treatment Of Schizophrenia: Qualitative Results From The Multinational Advance Study, Martha Sajatovic

Faculty Scholarship

Introduction: Schizophrenia imposes a substantial burden on individuals and society. Long-acting injectable antipsychotics (LAIs) improve adherence and reduce relapse and hospitalization rates compared with oral treatments for schizophrenia, yet LAI use varies globally. The qualitative interview portion of the global Attitudes DriVing regional differences in long-acting injectable ANtipsychotic utilization for schizophrenia among healthcare professionals (HCPs), patients, and CaregivErs (ADVANCE) study explored the patient journey from schizophrenia diagnosis to treatment, treatment goals, and experiences and perspectives on LAIs that may influence their use. Methods: ADVANCE included HCPs, patients, and caregivers from Australia, Canada, China, Germany, Israel, Spain, South Korea, and the …

Executive Function Among Older Adults With Bipolar Disorder: A Gage-Bd Analysis, Federica Klaus, Martha Sajatovic, Peijun Chen, Nicole Fiorelli, Ashley N. Sutherland

Faculty Scholarship

Objectives Executive function deficits in bipolar disorder (BD) are major contributors to disability in older age BD (OABD). We investigated the difference between OABD and age-equated healthy comparators (HC); and, in the OABD group, the associations of executive function with age, symptom severity, global cognition, and daily functioning. Design Cross-sectional analysis of executive function in OABD versus HC. Setting Analysis of large archival dataset harmonized from 12 international OABD studies. Participants Older adults (≥50 years) with OABD ( n = 614) and HC ( n = 192). Measurements Executive function was assessed via Trail Making Test B (TMT-B) completion time; …

“Quasi-Judicial”: A History And Tradition, By Beau J. Baumann & Jed H. Shugerman, Beau J. Baumann, Jed Handelsman Shugerman

Faculty Scholarship

“I do not say the office is either Executive or Judicial; I think it rather distinct from both, though it partakes of each, and therefore some modification, accommodated to those circumstances ought to take place.” – James Madison on the Comptroller, June 29, 1789

On Monday, December 8th, the Supreme Court will hear oral arguments in Trump v. Slaughter. The case presents a pivotal challenge to Humphrey’s Executor, the New Deal precedent underpinning so-called independent agencies. In Humphrey’s, the Hughes Court unanimously held that Congress could shield administrators from presidential removal if they exercised “quasi-judicial” or …

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 …

Correlates Of Depressive Symptom Severity Among Adults With Epilepsy Participating In An Epilepsy Self-Management Clinical Trial, Rachel Branning, Michael Liu, David Silva, Jessica Black, Jacqueline Krehel-Montgomery, Nicole Fiorelli, Richard Barigye, Clara Adeniyi, Martha Sajatovic

Faculty Scholarship

Background People living with epilepsy (PWE) experience higher rates of depression compared with the general population. Depression in PWE is associated with increased seizure burden and reduced quality of life. We aimed to examine clinical and demographic correlates of depression severity using the nine-item Patient Health Questionnaire in PWE experiencing negative health events in the past 6 months. Aims (a) To assess how depressive severity correlated with seizure frequency; To examine how outcomes such as quality of life are influenced by depressive severity; To investigate how demographic factors affect depressive severity. Method Depressive severity was defined as a score of …

Differences In Total Daily Energy Expenditure Across Field Sports: A Narrative Review, Brenen Skalitzky, Jennifer Fields, Margaret T. Jones, Chad Kerksick, Andrew Jagim

Faculty Scholarship

Background: Differences in total daily energy expenditure (TDEE) across sports, sex, and skill level support the need for sport- and athlete-specific energy intake recommendations. The purpose of the current review was to examine TDEE and related markers of energy expenditure across field-based team sports. A secondary aim was to evaluate physical activity levels (PAL), calculated as TDEE divided by resting metabolic rate (RMR), and their utility in estimating energy needs within team sports.

Methods: The review was limited to studies that included the field-based team sports of rugby or soccer and reported energy expenditure data using doubly labeled water …

Purpose And Nonprofit Enterprise, Cathy Hwang, Dorothy S. Lund

Faculty Scholarship

Nonprofit enterprise is responsible for a large share of economic activity across the globe. And yet, leading theories fail to explain why nonprofit business survives and even thrives across a vast number of industries, ranging from artificial intelligence to beer brewing, despite an absence of shareholder control. Indeed, as shareholder ownership and intervention rights have become the core component of successful corporate governance, this success is all the more surprising.

This Essay offers a novel “purposeful enterprise” theory to explain the puzzling success of nonprofit enterprises. Drawing on research in behavioral economics and organizational science, it argues that organizational purpose …

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 …

Before Meyer And Pierce, Joshua Gupta-Kagan

Faculty Scholarship

In the standard story taught in typical Parents, Children, and the State or Children & the Law courses, analysis of parental rights has a clear beginning. In 1923, at the height of the Lochner era, in Meyer v. Nebraska, a case of first impression, the U.S. Supreme Court declared that “[w]ithout doubt” the Due Process Clause protected the right “to marry [and] establish a home and bring up children.” Two years later, in Pierce v. Society of Sisters, the Court recognized “the liberty of parents and guardians to direct the upbringing and education of children under their control.” …

Local Government Standing As State Standing, Katharine Cooney, Katherine Mims Crocker

Faculty Scholarship

It is increasingly common, and controversial, for local governments to bring lawsuits as plaintiffs in federal court. Many questions about this practice raise matters that sound in policy. But some, including the issue of standing to sue, also raise issues of constitutional law. How local governments fit into standing rules should reflect how they fit into the U.S. constitutional system more broadly. As the Supreme Court put it in the famous (and infamous) 1907 case Hunter v. City of Pittsburgh, "[m]unicipal corporations are political subdivisions of the State, created as convenient agencies for exercising such of the governmental powers of …

United States V. Skrmetti: L’Identité De Genre Dans Le Droit Et La Politique De L’Égale Protection, Olatunde C.A. Johnson

Faculty Scholarship

French Abstract: L’article analyse l’arrêt United States v. Skrmetti, dans lequel la Cour suprême américaine juge que l’interdiction, par le Tennessee, des bloqueurs de puberté pour les mineurs trans ne viole pas la clause constitutionnelle d’égalité, dite clause « d’égale protection ». Refusant de considérer qu’il s’agit d’une discrimination fondée sur le sexe, la Cour applique le contrôle le plus déférent (base rationnelle) et accepte l’argument de l’État selon lequel il protège les mineur·es de risques médicaux incertains. L’auteure montre ici que cette approche s’inscrit dans un contexte plus large de lois et de décrets fédéraux visant les personnes …

Addressing Implementation Challenges In The Delivery Of An Epilepsy Self-Management Program In Community Settings, Martha Sajatovic, Jessica Black, Clara Adeniyi, Sakshi Priya, Nicole Fiorelli, Lesley Armah

Faculty Scholarship

Aims: This report describes implementation of the SMART epilepsy self-management (ESM) program in a community setting. Methods: SMART was implemented by 3 epilepsy-focused social services agencies. Pre/Post outcomes included past 30-day seizure frequency, the 9-item Patient Health Questionnaire (PHQ-9), the 10-item Quality of Life in Epilepsy (QOLIE-10) and the 7-item Generalized Anxiety Disorder (GAD-7) scale. Results: There have been 8 nurses (mean age 63.6, SD 9.1) and 14 peer educators trained (mean age 44.3, SD 15.8, having epilepsy a mean of 18.2, SD 11.1 years). Mean number of SMART sessions attended (out of a maximum of 8) was 5.7, SD …

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 …

Semaglutide For Metabolic Dysfunction–Associated Steatohepatitis (Mash): Estimating Eligibility From The 2021–2023 National Health And Nutrition Examination Survey (Nhanes), Jennifer B. Levin, Martha Sajatovic, Seth N. Sclair

Faculty Scholarship

There has been considerable interest in the potential of GLP-1 agonists for treating chronic liver disease.1 Following the positive results of the Phase 3 ESSENCE trial,2 on August 15, 2025, the FDA-approved Wegovy (semaglutide) for the treatment of metabolic dysfunction–associated steatohepatitis (MASH).3 Recently, the eligibility for semaglutide across all current indications in the United States, including diabetes management, weight management, and secondary prevention of cardiovascular disease (CVD), was estimated to be nearly 137 million individuals based on the National Health and Nutrition Examination Survey (NHANES, 2015–2020).4 Although weight management subsumed all eligibility for secondary prevention of CVD, as well as …

Popliteal Tendinopathies In The Athlete: A Narrative Review Of Popliteus, Hamstring, And Gastrocnemius Tendon Pathologies At The Popliteal Fossa, Ryan L. Russell, Nathan Katz, Allison N. Schroeder

Faculty Scholarship

Purpose of Review: Tendinopathies affecting the popliteus, distal hamstring, and proximal gastrocnemius tendons at the popliteal fossa can result in persistent pain, reduced function, and time-loss from sport. The goal of this paper is to review the literature on the epidemiology, diagnosis, and management of popliteal tendinopathies. Recent Findings: Understanding popliteal fossa tendon anatomy and muscle actions is essential for accurate diagnosis and effective management. Treatment options range from conservative, non-surgical approaches to surgical interventions, with phased progression through stretching, strengthening, and biomechanical optimization of the affected muscle/tendon unit being key to rehabilitation. Summary: There is a paucity of literature …

Prevalence Of Sleep Disturbances And Factors Associated Among School Going Children In Uganda, A Cross-Sectional Study, Martha Sajatovic

Faculty Scholarship

Background: Sleep disturbances greatly impact children's academic performance and social well-being. This study set out to determine the prevalence of sleep disturbances and factors associated among school going children in Kawempe division, Kampala, Uganda. Methods: In a community cross-sectional study, 548 study participants using random cluster sampling were enrolled. The children start lessons at 8am and end the days classes at 5pm. Random cluster sampling method was used to select participants from the 19 parishes in Kawempe district. Data was collected using a semi-structured questionnaire and Sleep Disturbance Scale for Children (SDSC). Descriptive statistics and multivariate binary logistic regression were …

Joy In Work: Leading Change, Mary A. Dolansky

Faculty Scholarship

Joy in Work emerges when nurses are empowered to lead meaningful change. The Institute for Healthcare Improvement's (IHI) Joy in Work Framework guides organizations to empower nurses to make small, team-led changes to restore engagement, reduce burnout, and improve quality. We used the IHI framework and focused on the cultural imperative and measurable outcomes through practical tools and leadership strategies. A statistically significant overall improvement in first-year provider turnover and Quality Metric Scores before and after the Joy in Work program implementation. Empowering nurses as everyday leaders of change fosters a resilient, thriving workforce and safer patient care.