Digital Commons Network^™

Transparency As A Regulatory Duty, Olivier Sylvain

Faculty Scholarship

This symposium piece offers a simple survey of transparency measures addressed to deepfakes and other related consumer harms, as well as the constitutional problems they present.

Slaughter, The Symmetry Rule, And What The Decision Of 1789 Actually Decided, Jane Manners, Lev Menand

Faculty Scholarship

No abstract provided.

Applying History As Law: The Role Of Historical Facts In Implementing Constitutional Doctrine, Joseph Blocher, Brandon L. Garrett

Faculty Scholarship

The U.S. Supreme Court has long relied on historical evidence in constitutional cases, but recent years have seen a major change in how it does so: not only to interpret the meaning of constitutional text, but to establish doctrinal tests that call for historical evidence to be used in the application of those tests going forward. Broadly speaking, originalism has moved from the realm of legal interpretation to that of law declaration and then to law application. This transformation in the legal significance of history raises important questions for originalism as a practice of constitutional adjudication, not simply a theory …

Ai And Courts: An International Human Rights Perspective, Veronika Fikfak, Laurence R. Helfer

Faculty Scholarship

International human rights courts and treaty bodies are increasingly turning to automated decision-making (ADM) technologies to expedite and improve their review of individual complaints. These tribunals have yet to consider many of the legal, normative, and practical issues raised by the use of different types of automation technologies for these purposes. This chapter offers an initial assessment of the benefits and challenges of introducing ADM into international human rights adjudication. We weigh up the benefits of introducing these tools to improve international human rights adjudication – which include greater speed and efficiency in processing and sorting cases, identifying patterns in …

The Eighth Amendment And Prison Staff-To-Sentenced Prisoner Sexual Violence, Matthew Lyskawa

Faculty Scholarship

In this Article, I provide the first comprehensive account of lower federal courts’ Eighth Amendment prison conditions jurisprudence regarding prison staff-to-sentenced prisoner sexual violence. I show that lower federal courts are systematically misunderstanding and misapplying Supreme Court case law in this context. The result is that sexually victimized prisoners must meet extremely burdensome doctrinal standards unique to sexual violence claims. Lower federal courts would faithfully follow Supreme Court precedent if they applied the excessive force standard to sexual assault claims and the conditions of confinement standard to sexual harassment claims. However, a faithful application of Supreme Court case law does …

Llm-Assisted Legal Propositions Identification From Party Arguments In The U.S. Supreme Court Briefs, Heng Zheng, Alex Zhang

Faculty Scholarship

Merits briefs are central to U.S. litigation, serving as the primary means for parties to present arguments and persuade judges. Legal propositions in these merits briefs are the atomic units of arguments, whose relationships evolve throughout litigation and inform court decisions and precedent. Large language models (LLMs) have been applied to legal document review, but there is limited evidence on their ability to identify legal propositions in merits briefs. Given the labor-intensive nature of the task, we evaluate a human-AI collaborative approach to identifying legal propositions in the U.S. Supreme Court merits briefs, in which legal annotators review and revise …

Why Are Executions Becoming Crueler?, Deborah W. Denno

Faculty Scholarship

Since the modern death penalty era, this country’s six execution methods have become crueler over time. This article details the execution procedures adopted across death penalty states up to the end of 2025, analyzing their societal and cultural underpinnings and explaining how they were implemented, including their shared flaws, unscientific origins and protocols, and reliance on untrained, unqualified, or unknown executioners. While legislatures and courts claim that states move from one technique to the next to enhance greater humaneness, history shows that such switches are primarily propelled by constitutional challenges to a state’s particular technique. In theory, rendering a state’s …

The Surveillance Of System-Adjacent Individuals, Mariam A. Hinds

Faculty Scholarship

Although the Fourth Amendment protects against “unreasonable searches and seizures,” this right is not enjoyed by all people equally. Supreme Court jurisprudence has curtailed the Fourth Amendment privacy rights of individuals under probation or parole supervision. In this line of cases, the Court concluded that the government’s interest in monitoring supervisees, reducing recidivism, and promoting public safety outweighed their reasonable expectation of privacy.

However, surveillance mechanisms like probation and parole extend the criminal legal system’s carceral gaze beyond the supervisees and peer into the bedrooms and digital lives of their families, roommates, and communities, or who this Article calls system-adjacent …

The Destruction Of The Climate Spending State, Adam D. Orford

Faculty Scholarship

The Biden Administration bet big on spending laws to forward its climate policies, creating a novel “climate spending state”in a field previously approached primarily through regulation. But the second Trump Administration, building on an aggressive theory of Presidential power, with support from bicameral Congressional majorities and a sympathetic Supreme Court, has dismantled the climate spending state with startling ease and speed. Although degradation of the federal workforce and legislative alterations to the tax code have played their part, it is the Trump Administration’s refusal to administer the spending laws enacted by prior Congresses that has had the most disruptive and …

The International Order, International Law, And The Definition Of Security, Harlan G. Cohen

Faculty Scholarship

As economic security has seemingly moved to the center of American and European foreign policy, both the United States and the European Union have broadened their interpretation of international law rules governing security, coercion, and intervention. But these interpretations are not exactly new, echoing developing state interpretations of international law that developed states had long ago seemingly rejected. How are these once moribund interpretations of security, force, and coercion being brought back to life?

This article argues that these interpretative shifts highlight the role of the international order as an interpretative mechanism within international law. Borrowing from the work of …

The Law Of For Cause Removal, Jane Manners, Lev Menand

Faculty Scholarship

For the first time in American history, the Supreme Court is poised to decide what it means for the president to remove a principal officer “for cause.” The case — which arises from the attempted removal of Lisa Cook, a member of the Board of Governors of the Federal Reserve System — has major implications for central bank independence in the United States and, more broadly, for the U.S. administrative state. But given how long it has been since such offices were formally contested, courts and commentators have forgotten many aspects of the legal tradition governing “for cause” removal. In …

Silencing As Blackening, I. Bennett Capers

Faculty Scholarship

We are so accustomed to seeing defendants sit silently at criminal trials while their lawyers speak that we hardly question it. Or we tell ourselves this silence is for their own protection, part of their privilege against self-incrimination and the rules we have created for their own benefit. But what if we've gotten everything wrong? What if encouraging defendants to remain silent does not inure to their benefit at all, but to the State's? And what if this silencing is tied to race? "Silencing as Blackening" tells a fuller story about silent defendants. One, that this silence is rarely voluntary, …

Book Review Of Political And Social Control In China: The Consolidation Of Single-Party Rule, Carl F. Minzner

Faculty Scholarship

No abstract provided.

Information Law Pluralism, Hannah Bloch-Wehba

Faculty Scholarship

Information-intensive activities are reshaping political, social, and economic institutions. As they respond to these shifts, legislators and regulators are embracing information as a regulatory device for tech. Far from limiting themselves to public disclosure, consumer notice, and other traditional mechanisms of fostering transparency and information flows, however, legislators are using other, more nuanced tools to incentivize regulated entities to obtain, generate, and share information.

This Article maps the landscape of the emerging information-based regimes for regulating tech and assesses their conceptual and practical implications. It canvasses an extensive set of recently enacted laws regulating the information economy and shows that, …

Equal Justice & Generative Ai, Milan R. Markovic

Faculty Scholarship

The United States has long suffered from unequal access to justice, with countless low-and middle-income Americans forced to navigate the legal system alone. Recently, prominent judges, lawyers, and scholars have seized on generative AI as a potential corrective. These techno-optimists maintain that ChatGPT and other large language models can demystify the law and address unmet legal needs. Chief Justice John Roberts has proclaimed that AI-based tools "have the welcome potential to smooth out any mismatch between available resources and urgent needs in our court system."

Although AI will be an increasingly important source of legal assistance for underserved populations, the …

Does It Matter What People Lie About?, Stefanie Jung, Peter Krebs, Monika Leszczynska

Faculty Scholarship

We investigate whether people’s moral judgments of lies in pre-contractual negotiations differ from their views on whether such lies should give the deceived party a legal right to rescind the contract, and whether these judgments depend on the content of the lie. In a vignette study with 832 German students and 885 participants from Germany, Italy, and the United States, respondents evaluated a range of common negotiation lies. Across samples, participants were generally more likely to deem a lie immoral than to believe it should justify rescission, but the size of this gap varied depending on the lie’s subject. Lies …

Comparison Of Groundwater Ownership Regimes In Ten Jurisdictions Across Five Continents, Gabriel Eckstein, Theo Buchler, Caleb Cook, Heping Dang, Robyn Stein, Stefano Burchi, Gabriela Cuadrado Quesada, Juan Pablo Galeano, Eric Garner, Amy Hardberger, Imad Antoine Ibrahim, Oudi Kgomongwe

Faculty Scholarship

The regulation of groundwater remains underdeveloped globally and often lags behind the domestic governance of surface water. As a result, groundwater is often subject to unfettered extraction, uses, and contamination. A clear understanding of ownership is central to the success of domestic regulations. However, the types of ownership regime in place in nations around the world are poorly documented in the academic literature. This study addresses that gap through a comparative analysis of domestic groundwater ownership regimes across ten jurisdictions in nine countries spanning five continents. It identifies three dominant models of groundwater ownership: private ownership, public ownership, and non-ownership …

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 …

Transnational Mass Tort Litigation: A Proposal For An International Court Of Civil Justice, Maya Steinitz

Faculty Scholarship

This chapter argues for the creation of an International Court of Civil Justice for transnational mass tort cases. It considers the challenges of adjudicating cross-border mass torts along with the incentives and feasibility of a new international court. Drawing upon case studies including the Bhopal disaster, litigation surrounding the devastation of the Ecuadorian rainforest, and the attempts to sue over human rights abuses in Nigeria, the chapter demonstrates that the world's legal systems were not designed to solve these kinds of complex cases, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice …

International Law, Adam Chilton, Weijia Rao

Faculty Scholarship

International law has, historically, been best understood as a body of principles and rules that govern the interactions between sovereign states and regulate how sovereign states can behave outside their borders. Over time, international law has evolved to regulate a broader range of subjects than just exterritorial activities—including the treatment of citizens or migrants within a country’s borders—and to regulate a greater range of actors than just sovereign states—including private individuals, corporations, and other nonstate actors. This body of principles and rules comes from several sources, including treaties and conventions, customary international law, judicial opinions, and academic articles and treatises …

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; …

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 …

Large Language Models As Machines Of Beauty: Cognitive Averaging, Latent Space Geometry, And The Entropic Foundations Of Aesthetic Preference, Daniel Plate, James Hutson

Faculty Scholarship

This study advances the position that large language models (LLMs) and human perceptual systems are governed by a shared computational drive toward prototypicality, entropy reduction, and aesthetic coherence. Drawing on developmental evidence that infants exhibit early preferences for facial symmetry and averageness, the analysis situates aesthetic preference within broader research on processing fluency and predictive coding, emphasizing that biological perception rewards stimuli that reduce uncertainty and support efficient information compression. This foundation is used to examine how LLMs, through cross-entropy optimization, perplexity minimization, and latent space clustering, converge on high-density representational regions that operate as statistical prototypes of linguistic and …

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 …

The Nature Of Scientific Justification, Haixin Dang

Faculty Scholarship

Mikkel Gerken’s book Scientific Testimony is a welcome step in reconnecting contemporary analytic epistemology with the philosophy of science. The central topic of the book—as it says in the title—is testimony, which has been a major area of research for epistemologists for the last couple of decades. Testimony refers to the process by which we can acquire knowledge or justified belief from what others have told us. Roughly speaking, epistemologists agree that testimony is an important source of knowledge but disagree over the exact conditions under which testimony can lead to knowledge. But for philosophers of science, learning from one …