Digital Commons Network^™

The Endorsement Test's Early Years, 1983-1985: Notes From The O'Connor Files, Jay D. Wexler

Faculty Scholarship

One of Justice Sandra Day O’Connor’s signature contributions to U.S. constitutional law was the endorsement test, a subtle but critically important reformulation of the Court’s then prevailing approach to applying the Establishment Clause that focused on the message sent by government action supporting religion and the potentially harmful effects of that message on religious minorities and the political community. Now that the current Court has discarded the endorsement test, leaving the government freer than ever to support religion in a variety of ways, we should expect to see the harms that Justice O’Connor cared about become increasingly widespread and prevalent. …

Why Did Prosecution Strengthen President Trump In The 2024 Election?, Steven Arrigg Koh

Faculty Scholarship

Why did criminal prosecution strengthen President Donald Trump's electoral prospects in the 2024 federal election? It was not supposed to be this way: after President Trump's 2024 New York state conviction, many speculated that President Trump's "felon" status would imperil his political career. In fact, the opposite occurred: federal and state criminal prosecutions reenergized President Trump's 2024 presidential candidacy. Contemporary criminal law theories-traditional individualist, expressivist, and critical-struggle to explain why. 

This Article advances a theory of criminal coalescence to explain why the Trump prosecutions led the former President to political victory. Criminal coalescence is the intensification of mass support for …

Do Academic Researchers Care About Patent Infringement? A Pcr Case Study, Janet Freilich

Faculty Scholarship

Because much cutting-edge academic research involves building on other new technologies, university research often involves making or using a patented invention—an act of patent infringement. The problem of how patents affect academic researchers has attracted considerable attention, but legal scholars are divided on the magnitude of patents’ potential impact. Many scholars fear that patents will entirely hobble academic scientific research, while others find that academic researchers entirely ignore patents and thus that they have little impact. This Article adds a piece of empirical evidence to the debate by studying the example of polymerase chain reaction (PCR) technology. In the early …

Human Rights Risks In Clean Energy Supply Chains: Racial Capitalism, Critical Minerals, And Corporate Responsibility, Erika George

Faculty Scholarship

This paper argues that decarbonization will fail to deliver climate justice unless the transition to clean energy confronts the racialized political economy that has historically structured extractive activity and shaped international economic law. Grounding its analysis in racial capitalism, the paper contends that the growing demand for critical minerals risks reproducing patterns of exploitation, expropriation, and expulsion. Using lithium extraction in Chile as a case study, it shows how colonial legacies, dictator-era neoliberal reforms, and present-day regulatory architectures governing foreign investment and natural resource extraction have prioritized investors over human rights and the environment. Recent decisions of the International Court …

Panel Discussion: Mindfulness In The Law School Environment, Erika George, Nicky Boothe, Kellyn O. Mcgee

Faculty Scholarship

A 2016 study of 13,000 lawyers conducted by American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation found that approximately 28 percent struggle with depression, 19 percent anxiety and 23 percent stress.¹² The study found “younger lawyers in the first ten years of practice and those working in private firms experience the highest rates of problem drinking and depression.”¹³ At least one study suggests that 40-70 percent of disciplinary proceedings and malpractice claims against lawyers involve substance abuse or depression.

According to a 2016 Survey of Law Student Well-Being including over 3,300 law …

Predicting Federal Third-Party Funding Regulation, Victoria Sahani

Faculty Scholarship

Third-party funding is a global phenomenon, although regulatory enforcement is local. Regulatory approaches vary widely from country to country and within countries, especially in federal legal systems, such as Canada, Australia, and the United States. The United States federal government is learning about third-party funding with an eye toward potential future regulation. Congress has been investigating funding, as evidenced by testimony in congressional hearings, proposed federal legislation, and a nonpartisan study on third-party funding by the Government Accountability Office. In addition, after more than a decade of observation, the United States Federal Civil Rules Advisory Committee recently formed a committee …

Under What Circumstances Is "Caste" Likely To Be Useful As An Analytic Concept (And Should We Care)?, Sanford V. Levinson, Robert L. Tsai

Faculty Scholarship

This Essay is the product of the 2025 “Constitutional Law Schmooze,” where academics from a variety of disciplines and from all over the country meet to discuss a common topic of constitutional law chosen by the moderator. This year’s topic was “caste.” The two of us, having written independent “tickets” of admission for the schmooze—i.e., short essays setting out our tentative thoughts about “caste”—turned out to be relative skeptics about the value of the term for lawyers. We are certainly not hostile to those who differ with us. This should be regarded as a “friendly dissent,” as distinguished, say, from …

Judicial Accountability, Anya Bernstein

Faculty Scholarship

Judicial decisions are moving ever more authority over regulatory statutes away from agencies and to courts instead. One justification offered for this power transfer: agencies lack the accountability of courts. This Article takes up that claim, assessing the institutions’ relative capacities for accountability in their authoritative interpretations of regulatory statutes—agency regulations and court rulings. I take accountability to involve actors undertaking reasoned decisionmaking grounded in publicly recognized values and facts and justifying their decisions to others who can evaluate, influence, or override those judgments. Accountability thus involves a give and take: it gives an account of government reasoning to a …

What We Should Know About The Reliability Of Empirical Legal Studies, Kathryn Zeiler

Faculty Scholarship

The findings of replication studies conducted in the early 2010s led many to declare that science was in the midst of a “replication crisis.” Since then, a growing number of reforms have been proposed and tested. The field of empirical legal studies seems behind other fields such as psychology, economics, political science, medicine, biology, and others that have taken significant steps toward uncovering the general reliability of the field’s empirical work, investigating the causes of observed unreliability, and instituting and testing the effects of various reforms. The purpose of this Article is to summarize what we know about the reliability …

Altering Rules: The New Frontier For Corporate Governance, Gabriel Rauterberg, Sarath Sanga

Faculty Scholarship

Corporate law has taken a contractarian turn. Shareholders are increasingly contracting around its foundational rules — statutory rights, the fiduciary duty of loyalty, even the central role of the board — and Delaware courts are increasingly enforcing these contracts. In the one case where they did not, the legislature swiftly overruled the decision and adopted a new statutory provision permitting boards to completely cede their powers to a shareholder by contract. These developments have sparked a polarized debate, with some calling for a return to mandatory rules, while others push for total contractual freedom.

We argue, however, that the best …

The Macroalgal Composition Differs Among Depths And Zones In Cuban Mesophotic Coral Reef Ecosystems, Beatriz Martínez-Daranas, M. Dennis Hanisak, Patricia M. González-Sánchez, Stephanie Farrington, John K. Reed

Faculty Scholarship

Previously the algal community of Cuban mesophotic coral reef ecosystems (MCEs) has not been characterized quantitatively. The objective of this study was to explore the distribution of macroalgae around Cuba and their depth profiles within the mesophotic zone (30−150 m). Data on the algal community were obtained in 2017 during 43 ROV (remotely operated vehicle) dives around Cuba’s shelf. Scientists specializing in algal taxonomy watched the live ROV video on board the ship and recorded algal presence every ~5—10 min in a database. Algae were identified to the lowest possible taxa, and algal presence/absence was analyzed in 20 m depth …

Managing The Cost Of Services For People With Disabilities: An International Approach. Part I: Poland, Dana Pugh, Jaroslaw Richard Romaniuk

Faculty Scholarship

Introduction: The cost of care for people with disabilities is rising, whereas all forms of support for them are decreasing. Countries and communities develop different ways to serve the disabled. We examined the comprehensive state of care from the perspective of cost management of services for individuals with disabilities in Poland. Method: This paper is based on a review of relevant international literature, with a special focus on the situation in Poland. A keyword search was completed in both Polish- and English-language databases. Results: In Poland, people with disabilities usually live with their families, and specialized services are offered outside …

Opportunities To Address Health Disparities In Suicidality For Sexual And Gender Minority Youth In Public Systems, Dana M. Prince, Kathleen Lewis, Peter S. Hovmand

Faculty Scholarship

No abstract provided.

Stress Testing Deep Learning Models For Prostate Cancer Detection On Biopsies And Surgical Specimens, Brennan T. Flannery, Anant Madabhushi

Faculty Scholarship

The presence, location, and extent of prostate cancer is assessed by pathologists using H&E-stained tissue slides. Machine learning approaches can accomplish these tasks for both biopsies and radical prostatectomies. Deep learning approaches using convolutional neural networks (CNNs) have been shown to identify cancer in pathologic slides, some securing regulatory approval for clinical use. However, differences in sample processing can subtly alter the morphology between sample types, making it unclear whether deep learning algorithms will consistently work on both types of slide images. Our goal was to investigate whether morphological differences between sample types affected the performance of biopsy-trained cancer detection …

Structural And Electronic Factors Controlling The Efficiency And Rate Of Intersystem Crossing To The Triplet State In Thiophene Polycyclic Derivatives, Cameron Griffrith, Sarah E. Krul, Sean J. Hoehn, Tram Phan, Carlos E. Crespo-Hernández

Faculty Scholarship

Thiophene polycyclic derivatives are widely used in organic light-emitting diodes, photovoltaics, and medicinal chemistry applications. Understanding the electronic and structural factors controlling their intersystem crossing rates is paramount for these applications to be successful. This study investigates the photophysical, electronic structure, and excited state dynamics of 1,2-benzodiphenylene sulfide, benzo[b]naphtho[1,2-d]thiophene, and benzo[b]naphtho[2,3-d]thiophene in polar aprotic and non-polar solvents. Steady-state absorption and emission spectroscopy, femtosecond transient absorption spectroscopy, and DFT and TD-DFT calculations are employed. Low fluorescence quantum yields of 1.2 to 2.7 % are measured in acetonitrile and cyclohexene, evidencing that the primary relaxation pathways in these thiophene derivatives are nonradiative. …

Effect Of Polyacrylamide Gel Elasticity On Collagen Type Ii Fibril Assembly, Kathryn G. Wilcox, Stephanie Kramer, Surajit Chatterjee, Adam Linscott, Sneha Suresh, Lydia Kisley, Svetlana Morozova

Faculty Scholarship

Collagen type II fibrils provide structural integrity to the articular cartilage extracellular matrix. However, the conditions that control the fibril radial size scale, distribution, and formation inside of dense networks are not well understood. We have investigated how surrounding elastic networks affect fibril formation by observing the structure and dynamics of collagen type II in model polyacrylamide gels of varying moduli. Cryogenic transmission electron microscopy (cryo-TEM) is used to image the fibril structure and is verified qualitatively with optical microscopy of fluorescently-tagged collagen within the gels. Using fluorescence correlation spectroscopy super-resolution optical fluctuation imaging (fcsSOFI), the diffusion dynamics of the …

Assistive Technologies For Internet Navigation: A Review Of Screen Reader Solutions For The Blind And Visually Impaired, Juan Nino, Sherezada Ochoa, Jocelyne Kiss, Geoffreyjen Edwards, Ernesto Morales, James Hutson, Frédérique Poncet, Walter Wittich

Faculty Scholarship

The internet is a critical resource for individuals with visual impairments (VI), including those with low vision or blindness, enabling access to information and fostering independent participation in society. However, despite advancements in screen reader software, challenges persist in navigating complex and dynamic web content. This narrative review evaluates Assistive Technologies (AT), which enhance internet navigation for VI screen reader users, focusing on design strategies and usability outcomes. A systematic search across the ACM Digital Library, IEEE Xplore, JSTOR, and ScienceDirect identified 698 studies, of which 33 met the inclusion criteria, encompassing 502 participants. Key themes were extracted from bibliographic …

From Codex To Code: Pedagogical Transformations In The Age Of Technological Innovation, James Hutson, W. Travis Mcmaken, Kathi Vosevich

Faculty Scholarship

Generative Artificial Intelligence (GAI) is revolutionizing education, echoing historic shifts such as the emergence of the codex and the printing press. GAI automates complex tasks and personalizes learning to individual needs, enhancing interdisciplinary collaboration and bolstering critical thinking and ethical reasoning skills. Initiatives in new, innovative programming illustrate the benefits of embedding these generative technologies to foster cultural competence and innovative problem-solving. Research indicates that intelligent tools significantly enhance learner engagement and access to quality education, enriching learning environments. However, integrating these tools introduces challenges, including ethical dilemmas, academic integrity issues, and resource disparities. These challenges necessitate comprehensive policy development, …

Neuroplasticity And Creativity: Transformative Potential Of Fibre Arts For Growth And Well-Being, Piper Hutson, James Hutson

Faculty Scholarship

This article explores the transformative potential of fibre arts—such as quilting, weaving, and embroidery—as tools for personal growth, neuroplasticity, and well-being. Drawing on neuroscience and psychology, it demonstrates how engaging with fibre arts stimulates brain regions associated with problem-solving, sensory integration, and adaptability, fostering neural growth and enhancing cognitive flexibility. Fibre arts, through their inherent challenges and opportunities for play, provide a perfect medium for stepping beyond familiar boundaries, cultivating resilience, and reducing stress. This interplay of creativity and tactile engagement is particularly effective due to the historical undervaluation of fibre arts, which makes them novel and accessible mediums that …

Expanding Sensory Kit Utilization Across Age And Contexts: Bridging Gaps For Inclusive Accessibility, Piper Hutson, James Hutson

Faculty Scholarship

Sensory kits, initially developed for neurodivergent children, have seen growing integration into various educational, cultural, and therapeutic contexts. However, their broader applicability, particularly for adults and diverse populations, remains underexplored. This study examines existing practices in the design and use of sensory kits within academic, museum, and inclusion frameworks, highlighting their role in promoting focus, reducing anxiety, and supporting self-regulation. Using case studies from institutions such as the Smithsonian and the Metropolitan Museum of Art, alongside a review of evidence-based interventions like weighted items and fidget tools, the research underscores the potential of these tools in diverse environments. The methodology …

The Evolving Role Of Copyright Law In The Age Of Ai-Generated Works, James Hutson

Faculty Scholarship

Objective: to identify the prospects and directions of copyright law development associated with the increasing use of generative artificial intelligence.

Methods: the study is based on the formal-legal, comparative, historical methods, doctrinal analysis, legal forecasting and modeling.

Results:the article states that the emergence of generative artificial intelligence makes one rethink the processes occurring in the field of creative activity and the traditional copyright system, which becomes inadequate to modern realities. The author substantiates the necessity of legal reassessment of copyright and emphasizes the urgent need for updated means of copyright protection. Unlike previous digital tools, which expanded …

The Algorithm Of Fear: Unpacking Prejudice Against Ai And The Mistrust Of Technology, James Hutson, Daniel Plate

Faculty Scholarship

The mistrust of AI seen in the media, industry and education reflects deep-seated cultural anxieties, often comparable to societal prejudices like racism and sexism. Throughout history, literature and media have portrayed machines as antagonists, amplifying fears of technological obsolescence and identity loss. Despite the recent remarkable advancements in AI—particularly in creative and decision-making capacities—human resistance to its adoption persists, rooted in a combination of technophobia, algorithm aversion, and cultural narratives of dystopia. This review investigates the origins of this prejudice, focusing on the parallels between current attitudes toward AI and historical resistance to new technologies. Drawing on examples from popular …

Algotric: Symmetric And Asymmetric Encryption Algorithms For Cryptography – A Comparative Analysis In Ai Era, Naresh Kshetri, Mir Mehedi Rahman, Md Masud Rana, Omar Faruq Osama, James Hutson

Faculty Scholarship

The increasing integration of artificial intelligence (AI) within cybersecurity has necessitated stronger encryption methods to ensure data security. This paper presents a comparative analysis of symmetric (SE) and asymmetric encryption (AE) algorithms, focusing on their role in securing sensitive information in AI-driven environments. Through an in-depth study of various encryption algorithms such as AES, RSA, and others, this research evaluates the efficiency, complexity, and security of these algorithms within modern cybersecurity frameworks. Utilizing both qualitative and quantitative analysis, this research explores the historical evolution of encryption algorithms and their growing relevance in AI applications. The comparison of SE and AE …

Video Game Development 3.0: Ai-Driven Collaborative Co-Creation, Jay Ratican, James Hutson

Faculty Scholarship

The evolution of game development has transitioned from manual coding (Software 1.0) to data-driven Artificial Intelligence (AI) (Software 2.0), and now to a more advanced stage—video game development 3.0. This phase is characterized by AI-driven processes leveraging large language models (LLMs), neural networks, and other AI techniques that autonomously generate code, content, and narratives. This paper explores the foundational technologies underpinning this paradigm shift, including customizable AI modules, dynamic asset creation, and intelligent non player characters (NPCs) that adapt to player interactions. It also highlights the integration of AI with emerging technologies like Virtual Reality (VR), Augmented Reality (AR), and …

Acute Alpha-Glycerylphosphorylcholine Supplementation Enhances Cognitive Performance In Healthy Men, Chad M. Kerksick

Faculty Scholarship

Background: Choline is an essential nutrient required for proper cell functioning. Due to its status as a precursor to acetylcholine, an important neurotransmitter connected to cognition and neuromuscular function, maintaining or enhancing choline levels is of interest. Supplementation with alpha-glycerylphosphorycholine (A-GPC) can maintain choline levels, but its ability to offer support towards cognition remains an area of ongoing research. Methods: Using a randomized, double-blind, placebo-controlled, crossover approach, 20 resistance-trained males (31.3 ± 11.0 years, 178.6 ± 7.3 cm, 84.6 ± 11.4 kg, 15.4 ± 5.6% body fat) consumed either a placebo (PL), 630 mg A-GPC (HD), or 315 mg (LD) …

International Society Of Sports Nutrition Position Stand: Β-Hydroxy-Β-Methylbutyrate (Hmb), John A. Rathmacher, Lisa M. Pitchford, Jeffrey R. Stout, Jeremy R. Townsend, Ralf Jägerg, Richard B. Kreider, Bill I. Campbell, Chad M. Kerksick, Patrick S. Harty, Darren G. Candow, Brandon M. Roberts, Shawn M. Arent, Douglas S. Kalman, Jose Antonio

Faculty Scholarship

Position Statement: The International Society of Sports Nutrition (ISSN) bases the following position stand on an analysis of the literature regarding the effects of β-Hydroxy-β-Methylbutyrate (HMB). The following 12 points have been approved by the Research Committee of the Society: 1. HMB is a metabolite of the amino acid leucine that is naturally produced in both humans and other animals. Two forms of HMB have been studied: Calcium HMB (HMB-Ca) and a free acid form of HMB (HMB-FA). HMB-FA appears to lead to increased appearance of HMB in the bloodstream when compared to HMB-Ca, though recent results are mixed. 2. …

Dileucine Ingestion, But Not Leucine, Increases Lower Body Strength And Performance Following Resistance Training: A Double-Blind, Randomized, Placebo-Controlled Trial, Anthony M. Hagele, Joesi M. Krieger, Connor J. Gaige, Kevin F. Holley, Kristen N. Gross, Joshua M. Ianotti, Leah E. Allen, Paige J. Sutton, Logan S. Orr, Petey W. Mumford, Martin Pupura, Ralf Jager, Chad M. Kerksick

Faculty Scholarship

Background

The essential amino acid leucine (LEU) plays a crucial role in promoting resistance-training adaptations. Dileucine (DILEU), a LEU-LEU dipeptide, increases MPS rates, however its impact on resistance training outcomes remains unexplored. This study assessed the effects of DILEU supplementation on resistance training adaptations.

Methods

Using a randomized, double-blind, placebo-controlled approach, 34 resistance-trained males (age: 28.3 ± 5.9 years) consumed 2 grams of either DILEU monohydrate (RAMPS™, Ingenious Ingredients, L.P.), LEU, or placebo (PLA) while following a 4-day per week resistance training program for 10 weeks. Changes in body composition, 1-repetition maximum (1RM) and repetitions to failure (RTF) for leg …

Part Ii. Common Questions And Misconceptions About Creatine Supplementation: What Does The Scientific Evidence Really Show?, Jose Antonio, Ann F. Brown, Darren G. Candow, Philip D. Chilibeck, Stacey J. Ellery, Scott C. Forbes, Bruno Gualano, Andrew R. Jagim, Chad Kerksick, Richard B. Kreider, Sergej M. Ostojic, Eric S. Rawson, Michael D. Roberts, Hamilton Roschel, Abbie E. Smith-Ryan, Jeffrey R. Stout, Mark A. Tarnopolsky, Trisha A. Vandusseldorp, Darryn S. Willoughby, Tim N. Ziegenfuss

Faculty Scholarship

Creatine monohydrate supplementation (CrM) is a safe and effective intervention for improving certain aspects of sport, exercise performance, and health across the lifespan. Despite its evidence-based pedigree, several questions and misconceptions about CrM remain. To initially address some of these concerns, our group published a narrative review in 2021 discussing the scientific evidence as to whether CrM leads to water retention and fat accumulation, is a steroid, causes hair loss, dehydration or muscle cramping, adversely affects renal and liver function, and if CrM is safe and/or effective for children, adolescents, biological females, and older adults. As a follow-up, the purpose …

Artificial Intelligence And Cracks In The Foundation Of Intellectual Property, Robin C. Feldman

Faculty Scholarship

Our implicit image of progress and the standards we use to calibrate human contribution to progress are quietly at risk from the onslaught of artificial intelligence (AI). AI has the potential to significantly shrink the pool of creative work that is protectable by intellectual property (IP) law and the range of information that is protectable, as well as shrinking the value proposition of IP regimes themselves.

As society faces this changing landscape, we must tread carefully to distinguish fears about AI from the task of defining the boundaries of intellectual property, whose theoretic concepts aren’t designed to bear such weighty …

Shaping Preferences With Pigouvian Taxes, Gary M. Lucas Jr.

Faculty Scholarship

A Pigouvian tax is a tax that is imposed to correct an externality, which arises when a person engages in behavior that harms others without their consent. Pigouvian taxes are popular among academics—with prominent economists and legal scholars arguing for their imposition on myriad goods and activities that harm third parties, like carbon emissions and alcohol. Policymakers have recently been receptive to at least some of these arguments as evidenced by taxes imposed on or proposed for a variety of externality-generating goods, including guns, plastic bags, and sugary drinks.

The conventional economic rationale for Pigouvian taxes assumes that they affect …