Digital Commons Network^™

Lawyers' Client-Inclusive Negotiations: The "New Mediation"?, Nancy A. Welsh, Donna Shestowsky

Faculty Scholarship

When proponents initially urged the courts to institutionalize mediation for the resolution of general civil cases, they argued that the procedure would be superior to trial—and also to lawyers’ settlement negotiations—in terms of parties’ exercise of self-determination, satisfaction with outcomes, and opportunity for voice. These claims, however, rested on certain assumptions, particularly regarding the implementation of mediation and lawyers’ settlement negotiations. In mediation, the parties were to take center stage, with the mediator assisting them by facilitating their communication and negotiation so that they could reach a customized resolution. Lawyers’ settlement negotiations in general civil litigation, meanwhile, were assumed to …

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 …

General Rulemaking Grants And The Federal Trade Commission, Tamar Katz, Alex Lloyd George, Lev Menand, Tim Wu

Faculty Scholarship

The legal campaign against the administrative state has a new front: general rulemaking provisions. General rulemaking provisions authorize agencies, in an open-ended way, to write rules to carry out Congress’s directives. Administrative agencies have relied on such provisions for decades. But over the last several years, some litigators, scholars, and judges have advanced limiting theories that would, if applied widely, greatly reduce the ability of agencies to execute federal statutes. The leading edge of this campaign is an effort to negate the rulemaking authority of the Federal Trade Commission (FTC). The reasoning employed by the FTC’s opponents, already adopted by …

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 …

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 …

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 …

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 …

Antidepressant Use In Older Age Bipolar Disorder (Oabd): Results From The Gage-Bd International Consortium, P. J. Chen, Lisa T. Eyler

Faculty Scholarship

Background Antidepressants are still commonly prescribed in bipolar disorders, despite ongoing controversy of the potential risk of inducing hypomania/mania. There is limited knowledge about the characteristics of antidepressant use in older age bipolar disorder (OABD; age ≥50) in the current literature. Aim To describe antidepressant use, sociodemographic and clinical correlates of a global sample of OABD individuals. Methods The Global Aging and Geriatric Experiments in Bipolar Disorder (GAGE-BD) consortium provided cross-sectional international data on OABD individuals ( n = 746) and younger-age bipolar disorder (YABD, age <50 years; n = 692) regarding antidepressant use. Multivariate logistic regression was employed to assess the association between AD use with demographic and clinical variables. Results Of 1252 participants, 33.1 % of OABD individuals and 38.1 % of YABD individuals were using antidepressants. In multivariable models among OABD, antidepressant use was associated with BD type II (OR = 1.61, 95 % CI: 1.09–2.38), higher depression severity (mild-to-moderate: OR = 1.86, 95 % CI: 1.13–3.06; severe: OR = 4.23, 95 % CI: 2.38–7.50), lower YMRS scores (OR = 0.93, 95 % CI: 0.89–0.97), female sex (OR = 1.37, 95 % CI: 1.00–1.89), lower education (OR = 0.61, 95 % CI: 0.43–0.86), and being unemployed (OR = 0.69, 95 % CI: 0.50–0.96). Antidepressant monotherapy was reported in 18 % of OABD users ( n = 46) and 19 % of YABD users ( n = 51). These findings suggest that both clinical severity and sociodemographic characteristics influence antidepressant prescribing in OABD. Conclusion Antidepressant use was less prevalent in OABD compared to YABD, and associated with female sex, lower education, lack of occupation, type II BD, higher depression severity and lower mania scores. In OABD, antidepressants appear to be used more commonly in contexts where they may be clinically more indicated, such as increased depression severity.

State Of Ohio Adversity And Resilience (Soar) Study Protocol: A Comprehensive, Multimodal, Family-Based, Longitudinal Observational Investigation Of Risk And Resilience In Mental Health And Substance Use Disorders, Chris Flask, Martha Sajatovic

Faculty Scholarship

Introduction Deaths related to drug overdose and suicide in the USA have increased 500% and 35%, respectively, over the last two decades. The human and economic costs to society associated with these - €- deaths of despair' are immense. Great efforts and substantial investments have been made in treatment and prevention, yet these efforts have not abated these increasing trajectories of deaths over time. The COVID-19 pandemic has exacerbated and highlighted these problems. Notably, some geographical areas (eg, Appalachia, farmland) and some communities (eg, low-income persons, - €- essential workers', minoritised populations) have been disproportionately affected. Risk factors have been …

Brain Mri For The Diagnosis Of Dementia In Low- And Middle-Income Countries: A Systematic Review And Meta-Analysis Protocol Of Diagnostic Utility And Imaging Findings, Stephen E. Jones, Martha Sajatovic

Faculty Scholarship

Introduction The utility of brain MRI in dementia diagnosis offers critical insights into structural brain changes, such as hippocampal and thalamic atrophy, which are hallmark features of Alzheimer's disease and Alzheimer's disease-related dementias. However, its use, especially in low- and middle-income countries (LMICs), is affected by limited accessibility. This protocol outlines a systematic review and meta-analysis to assess the diagnostic utility, feasibility and challenges of integrating brain MRI for dementia diagnosis in LMICs. Methods and analysis The review follows Preferred Reporting Items for Systematic Review and Meta-Analysis Protocols with a priori eligibility criteria and is registered in PROSPERO. Searches (from …

Association Between Adherence Barriers, Self-Reported Adherence, And Psychiatric Symptoms Among Adults With Bipolar Disorder, Martha Sajatovic, Jennifer B. Levin, Clara Adeniyi, Jessica Black, Celeste Weise, Nicole Fiorelli, Erika Kelley

Faculty Scholarship

Aims: While suboptimal medication adherence is a widely recognized problem for people with bipolar disorder (BD), it is less clear how individual characteristics are associated with varying levels of adherence and how specific adherence barriers impact behaviors. This interim analysis from an ongoing randomized controlled trial (RCT) examined associations between patient-reported adherence, adherence barriers, and mood symptoms among poorly adherent individuals with BD. Methods: RCT participants were adults age ≥ 18 years old with BD Type 1 or 2, difficulties with medication adherence, and actively symptomatic as measured by Brief Psychiatric Rating Scale (BPRS) score ≥ 36, Young Mania Rating …

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

Faculty Scholarship

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

Resonant Breathwork As Multimodal Vagal–Interoceptive Modulation: An Empirical Synthesis Of Non-Invasive Vns, Breathing-Driven Interoception And Respiratory Tools, Piper Hutson, James Hutson

Faculty Scholarship

Resonant Breathwork is proposed as a layered, measurable intervention that modulates vagal activity and interoceptive processing through acoustic vocalization, respiratory mechanics, and biofeedback. This review synthesizes human empirical studies from 2022–2025 across five domains: (1) noninvasive transcutaneous auricular vagus nerve stimulation and acoustic or vocal vagal engagement; (2) interoception targets modulated by breathing; (3) respiratory rehabilitation tools, including oscillatory positive expiratory pressure and inspiratory muscle training; (4) virtual or augmented reality breath biofeedback; and (5) neuroimaging of high ventilation breathwork with music. Evidence shows taVNS can acutely increase vagal indices, with effects contingent on frequency and pulse width, while paced …

Beyond Phonics: Neuroaesthetic And Symbolic Divergence In Culturally Responsive Dyslexia Screening, Piper Hutson, James Hutson

Faculty Scholarship

Recent advances in neuroscience and educational technology have challenged the traditional phonological-deficit model of dyslexia, revealing the profound influence of visual-symbolic processing, neuroaesthetic resonance, and cultural context in the reading brain. This article interrogates prevailing assessment paradigms by synthesizing research on the Visual Word Form Area (VWFA), cross-linguistic literacy systems, and emerging neurodiversity frameworks. The study addresses the urgent need to reconceptualize dyslexia as a heterogeneous divergence in symbolic processing—rooted as much in neuroaesthetic and visuospatial alignment as in phonemic awareness. Existing screeners, predominantly optimized for English and other Latin-based scripts, systematically neglect the cognitive realities of learners in multilingual …

Resonant Body Communication For Neurodivergent Contexts: A Multimodal, Temporally Elastic Blueprint For Inclusive Biometric Systems, Piper Hutson, James Hutson

Faculty Scholarship

Prevailing emotion-sensing systems privilege a facial-and-gaze paradigm that encodes neurotypical tempo, channel priority, and expression classes, thereby mischaracterizing or erasing neurodivergent communication. This article advances a design-oriented framework for biometric sensing that centers resonant body communication: temporally extended, multimodal, and environmentally situated patterns of posture, gesture, rhythm, and interoception that carry affective meaning. Through an integrative methodology that synthesizes cognitive neuroscience, embodied arts practices, and human–computer interaction, the study formalizes a theoretical model with four pillars: temporal elasticity, multimodal sensory hierarchies, resonant gestures and rhythmic entrainment, and environmental attunement. Building on this model, the article specifies technical requirements for next-generation …

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

Faculty Scholarship

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

Reliability Of Vertical Jump Force-Time Metrics In Collegiate Athletes Compared To Recreationally Active Individuals, Dimitrije Cabarkapa, Robert Smith, Luke Chowning, Tyler Neltner, Quincy R. Johnson, Yang Yang, Thayne A. Munce

Faculty Scholarship

As neuromuscular performance assessment has become a fundamental component of athlete monitoring, ensuring strong measurement reliability is essential for supporting accurate data-driven decision-making. Thus, the purpose of this study was twofold: (i) to examine the reliability of countermovement vertical jump (CMJ) force-time metrics obtained using a portable force plate system (Hawkin Dynamics) and (ii) to determine whether absolute and relative reliability scores differ between well-trained individuals (i.e., athletes) and those less familiar with CMJ force-plate testing (i.e., non-athletes). Seventy-four participants volunteered to take part in this investigation, of whom thirty-nine were NCAA Division-I baseball and track-and-field athletes and thirty-five age-matched …

From Prohibition To Preparation: Reframing Academic Integrity In The Age Of Ai, James Hutson

Faculty Scholarship

This study analyzes how U.S. universities reconfigure academic integrity during the 2024–2025 cycle in response to widespread generative AI adoption. The analysis foregrounds three loci: student ignorance and metacognitive blind spots; the expanded remit of Academic Integrity Officers prioritizing education over punishment; and deliberate AI-enabled misconduct that exposes the evidentiary limits of detection technologies. A mixed-methods design integrates a multi-site review at Arizona State University, Montclair State University, and Cornell University with synthesis of surveys, policies, and faculty development guidance. Findings show that detector outputs function as conversational prompts rather than adjudicative proof, necessitating dialogic resolution standards, process evidence, and …

Skrmetti Beyond Scrutiny, Kate Redburn

Faculty Scholarship

In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care. For the first time, the Court considered a fundamental question in civil rights law: How does the Fourteenth Amendment regard transgender people? The Court gave little guidance. It did not sort out principles for deciding when anti-transgender discrimination classifies by sex, nor whether transgender people are a suspect class. Instead, the Court held that “[i]n the medical context, the mere use of sex-based language does not sweep a statute within the reach of …

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

Faculty Scholarship

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

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

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

Ai Companions And The Lessons Of Family Law, Clare Huntington

Faculty Scholarship

Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to mental health treatment, helping students learn, and offering a judgment-free space for sensitive conversations. But AI companionship also raises significant concerns. The technology's addictiveness may exacerbate loneliness and can undermine human relationships. Therapy bots may prove more harmful than helpful. AI companions can be emotionally abusive. And their access to the …

Trips And Its Futures, Peter K. Yu

Faculty Scholarship

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was adopted on 15 April 1994, along with the estab-lishment of the World Trade Organization (WTO). With the WTO’s recent celebration of its thirtieth anniversary, it is high time we explore what the future will hold for this agreement. This chapter begins by revisiting the past to examine whether the TRIPS Agreement would be adopted if it were negotiated today. The chapter then discusses whether WTO members will undertake a major overhaul of this agreement in the future. Taking note of the fast-evolving international norm-setting environment and …

Trump’S Multi-Pronged Attack On Renewable Energy, Michael B. Gerrard

Faculty Scholarship

Federal policy on renewable energy took a 180-degree turn on the day of Donald Trump’s second inauguration. The Biden administration had rightly seen a massive expansion of clean energy, especially wind and solar and the associated storage and transmission, as key to moving away from fossil fuels and fighting climate change. But Mr. Trump denies that climate change is a serious problem and works to increase both the supply of and the demand for fossil fuels.

This article discusses the range of actions involved in the Trump administration’s attack on renewable energy.

Data As Policy, Janet Freilich, W. Nicholson Price Ii

Faculty Scholarship

A large literature on regulation highlights the many different methods of policy-making: command-and-control rulemaking, informational disclosures, tort liability, taxes, and more. But the literature overlooks a powerful method to achieve policy objectives: data. The state can provide (or suppress) data as a regulatory tool to solve policy problems. For administrations with expansive views of government’s purpose, government-provided data can serve as infrastructure for innovation and push innovation in socially desirable directions; for administrations with deregulatory ambitions, suppressing or choosing not to collect data can reduce regulatory power or serve as a back-door mechanism to subvert statutory or common law rules. …

Beyond Mass Deportation, Nancy Plankey-Videla, Huyen Pham, Angela D. Morrison, Luz E. Herrera

Faculty Scholarship

Donald Trump’s threats to carry out the mass deportation of unauthorized immigrants helped propel him to a second term as President of the United States. For the estimated 11 million people in the U.S. without lawful status, those threats have increased fears of forced returns to their countries of origin. While American immigration law is heavily focused on the legal processes leading to deportation, little attention has been paid to the post-deportation experiences of individuals who must reintegrate into their home countries. This gap in understanding is especially alarming given the high stakes of reintegration. A successful transition can empower …

Foam Fortification: Effect Of Perfluorocarbon Gases On The Stability Of Sclerosing Agent Foams, Henry Ruhl, Felipe M. Berg, Amir A. Rahnemai-Azar, Salim Abboud, Agata A. Exner

Faculty Scholarship

Purpose: To evaluate the impact of incorporating perfluorocarbons (PFCs), specifically octafluoropropane (C₃F₈) and perfluorobutane (C₄F₁₀), on the stability of sodium tetradecyl sulfate (STS)–based foams. Materials and Methods: Tessari method was employed to generate foams. C₃F₈ and C₄F₁₀ were compared with room air due to their known characteristic as gas vesicle stabilizers. Each trial set encompassed ratios of 4, 3, 2, 1.5:1 mL of gas-to-STS. Foam decay (1 − percent foam remaining in syringe) was monitored using a 4K camera over 1 hour, followed by hourly snapshots for 3 hours. All trials were repeated in triplicate. Statistical analysis was carried out …

Systems Framework For Post-Hospital Follow-Up Care Of Small And/Or Sick Newborns: A Pathway To Sustainable And Scalable Quality Care In Low-Resource, High-Burden Countries, Samudragupta Bora

Faculty Scholarship

South Asian and Sub-Saharan African countries, disproportionately overrepresented in the World Bank's low- and middle-income categories, bear a high burden of small and/or sick newborns. It is important to acknowledge that, in addition to reducing mortality, creating opportunities to enhance their health and well-being, thereby improving quality of life, is an essential metric for evaluating neonatal care success. With increased survival rates for small and/or sick newborns in most high-burden, resource-constrained settings, developing and strengthening specialized, structured neonatal follow-up programs to provide high-quality post-hospital care is imperative for optimizing outcomes and quality of life. This paper proposes a Systems Framework …

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

Faculty Scholarship

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