Digital Commons Network^™

From Palimpsest To Prompt: Rewriting Shakespeare, Creative Authorship, And The Generative Logics Of Large Language Models In Contemporary Theatre, Michael Harding, James Hutson

Faculty Scholarship

This article examines the convergence of creative authorship, adaptation, and generative artificial intelligence within contemporary theatre, taking Michael Harding‘s Awake, Young King as a central case study. Through the rewriting of Shakespearean drama, Harding‘s creative process demonstrates how theatrical meaning emerges through ongoing negotiation among playwright, performer, and audience, with scripts historically subject to revision, improvisation, and reinterpretation. Concerns regarding copyright, intellectual property, and the role of AI in the performing arts are reframed as extensions of enduring debates over originality and authorship, rather than novel threats. Tracing the evolution from The Rise of James VI to Awake, Young King, …

Wealth Taxes Under The Constitution: An Originalist Analysis, David M. Schizer, Steven G. Calabresi

Faculty Scholarship

A federal wealth tax is high on the wish list of progressives, but is it constitutional? This Article shows that under the original public meaning of the Constitution, a wealth tax is a “direct tax” that must be apportioned. This means that the percentage of revenue collected in each state must match its percentage of the population. For instance, if two states both have three percent of the population, each must provide three percent of the revenue. This leads to an unappealing outcome: if one state is less wealthy, it needs a higher tax rate to supply its share.

Article …

Dark Patterns As Disloyal Design, Johanna Gunawan, Woodrow Hartzog, Neil Richards, David Choffnes, Christo Wilson

Faculty Scholarship

Lawmakers have started to regulate “dark patterns,” understood to be design practices meant to influence technology users’ decisions through manipulative or deceptive means. Most agree that dark patterns are undesirable, but open questions remain as to which design choices should be subjected to scrutiny, much less the best way to regulate them.

In this Article, we propose adapting the concept of dark patterns to better fit legal frameworks. Critics allege that the legal conceptualizations of dark patterns are overbroad, impractical, and counterproductive. We argue that law and policy conceptualizations of dark patterns suffer from three deficiencies: First, dark patterns lack …

Taxprof Blog Op-Ed: More On The University Of Florida, The Adjunct Professor, And The Issues At Hand, Joshua E. Kastenberg

Faculty Scholarship

In assessing the conduct of the University of Florida’s law school leaders, Preston Damsky, Judge John Badalamenti, and the New York Times, I’ll concede that it is darn near impossible for any of us to be objective. But I’d like to contribute to this conversation in a way that at least attempts a degree of objectivity. This comment focuses on the judge turned adjunct professor, but to do so, there is a matter of context.

Art, Play, And Neuroplasticity: Advancing Dementia Care Through Art-Enriched Environments, Piper Hutson, James Hutson

Faculty Scholarship

Dementia represents a global public health crisis, characterized not only by progressive memory loss but by a pervasive decline in cognitive flexibility, social functioning, and overall quality of life. Traditional therapeutic modalities, often limited to pharmacological management and cognitive training, have yielded only modest gains in symptom mitigation and patient well-being. Recent advances in neuroscience have illuminated the brain‘s capacity for neuroplasticity—its inherent ability to adapt, reorganize, and form new neural connections even in advanced age and the presence of neurodegenerative conditions. This emerging understanding invites a critical re-evaluation of dementia care strategies, highlighting the potential of non-pharmacological interventions to …

Scaffolded Integration: Aligning Ai Literacy With Authentic Assessment Through A Revised Taxonomy In Education, James Hutson

Faculty Scholarship

The accelerating prevalence of generative artificial intelligence in educational and professional spheres necessitates a reevaluation of when and how such technologies are introduced within pedagogical practice. The principal challenge for educators is not merely the imperative to prepare students for an AI-driven world, but rather to ensure that assessment practices remain authentic—providing an accurate measure of what students can independently achieve before leveraging the augmentation potential of intelligent systems. This article contends that the incremental introduction of AI, mapped onto a scaffolded framework aligned with a revised Bloom’s Taxonomy, constitutes a methodologically sound approach for maintaining academic integrity, fostering transferable …

Virtual Reality In Undergraduate And Postgraduate Nursing Education: A Scoping Review Protocol Integrating Data Mining For Topic Discovery, Celeste Alfes

Faculty Scholarship

Virtual Reality (VR) encompasses a range of computer-based technologies that simulate complex scenarios, offering immersive, experiential learning in a controlled virtual environment. In nurs- ing education, VR has the potential to enhance both technical and non-technical competencies. However, the existing literature on VR in nursing education is fragmented, making it challenging to fully grasp its scope, applications, and emerging trends. This scoping review protocol outlines a systematic approach to mapping the existing literature on the use of VR in undergraduate and postgraduate nursing education. Following Joanna Briggs Institute guidelines and the PRISMA- ScR 2020 framework, the review will include studies …

Litigating National Security In The Wto Era, Petros C. Mavroidis

Faculty Scholarship

From one dispute between 1948 and 1994, there have now been 14 requests for a panel establishment (based on the General Agreement on Tariffs and Trade (GATT), Article XXI – the exception for national security) during the World Trade Organization (WTO) era (1995–now). The majority of them ended up in the issuance of a panel report, all of which were issued after 5 April 2019. As the WTO Appellate Body has been dysfunctional as of November 2019, no appellate report has been issued. Appeals have been lodged, but as there is no Appellate Body to entertain them, they were lodged …

Sails Symposium Launch On International Law Scholarship: What We Write, Where We Publish, And Why It Matters, Kathleen Claussen, Melissa J. Durkee, Rebecca Ingber, Steven Arrigg Koh

Faculty Scholarship

Despite the centrality of international law scholarship in international law, little work has been done to understand the contours and forces at work in what international law scholars write, where they publish that work, who reads international law scholarship, and scholarship's relationship to the policy world. For international lawyers, identifying answers to these questions and appreciating the impact of our collective work is essential, particularly at a moment of profound political struggle in communities around the world. We have remarkably few data as to what topics, methodologies, and perspectives of international law scholarship journals and publishers print, by whom, in …

Pragmatics And Textualism, Lawrence B. Solum

Faculty Scholarship

In theoretical linguistics the word “pragmatics” refers to the roles of context and communicative intentions in the production of meaning. Those roles include contextual disambiguation and the communication of implicit content via “pragmatic enrichment.” Textualism is sometimes characterized as the view that the meaning of statutory texts should not take context into account, but that characterization is misleading. Not only do self-identified textualists explicitly maintain that context should be considered when interpreting statutes—all good textualists must do so. Absent consideration of context, the meaning of statutory texts would be pervasively ambiguous, sparse, and incomplete. Good textualism requires pragmatics.

“Pragmatics and …

Administrative Law And The Pandemic, Gillian E. Metzger

Faculty Scholarship

American administrative law’s relationship to change is, as they say, compli­cated. On the one hand, continual evolution has been an endemic feature of American administrative law. Doctrines such as Chevron deference to agency statutory interpretations were born, grew, and declined in just the period from the 1980s to today. On the other, the United States (US) Supreme Court regularly rejects such common law development in administrative law as illegitimate and insists that federal judges must adhere to the original terms of the 1946 Administrative Procedure Act (APA) and other statutes, unless the Constitution requires otherwise. And to this day scholars …

Antiracist Expert Evidence, Jasmine Gonzales Rose, Asees Bhasin, Spencer Piston

Faculty Scholarship

Since 2020, when mass protests against racism swept across the United States, scholars, lawyers, and the general public have become increasingly aware that racism permeates society and the criminal legal system, from overt racial animus to the nuanced effects of structural racism. Demonstrating the influence of racism is therefore vital to the practice of criminal defense, yet many attorneys do not know how to prove racism in court. We surveyed over seven hundred criminal-defense attorneys across the United States, and nearly half had never heard of expert witnesses testifying or submitting written reports on racism—what we call “antiracist expert evidence.” …

Non-Finite Clause Use In Disciplinary Research Writing: A Formulaic Sequence-Based Functional Comparison Between Expert And Student Writers, Xixin Qiu

Faculty Scholarship

Non-finite clauses (NFCs), despite their increasingly recognized role in second language (L2) acquisition and academic writing as part of a multidimensional conceptualization of syntactic complexity, have not been analyzed in functional and discipline-specific perspectives. This study addresses this gap by providing a linguistic-descriptive account of NFC use in expert and advanced student English research writing. Using a 2.26-million-word corpus of published research articles and student manuscripts in Agricultural Science, this study profiles the distribution of NFC subtypes and identifies frequent discoursal functions realized by non-finite verb-centered formulaic sequences. The findings reveal significant differences in NFC use across writer groups, with …

Materials Data Science Ontology(Mds-Onto): Unifying Domain Knowledge In Materials And Applied Data Science, Balashanmuga Priyan Rajamohan, Alexander C. Harding Bradley, Van D. Tran, Jonathan E. Gordon, Hayden W. Caldwell, Redad Mehdi, Gabriel Ponon, Quynh D. Tran, Ozan Dernek, Benjamin G. Pierce, Raymond Wieser, Weiqi Yue, Kiefer Lin, Jiana Kambo, Arafath Nihar, Pawan K. Tripathi, Yinghui Wu, Laura S. Bruckman, Erika I. Barcelos, Roger H. French

Faculty Scholarship

Ontologies have gained popularity in the scientific community as a way to standardize terminologies in organizations’ data. Although certain cohorts have created frameworks with rules and guidelines on creating ontologies, there exist significant variations in how Materials Science ontologies are currently developed. We seek to provide guidance in the form of a unified automated framework for developing interoperable and modular ontologies for Materials Data Science that simplifies the ontology terms matching by establishing a semantic bridge up to the Basic Formal Ontology(BFO). This framework provides key recommendations on how ontologies should be positioned within the semantic web, what knowledge representation …

The Interchangeable-Part Structure Of Food And Drug Law, Adam I. Muchmore

Faculty Scholarship

This Article demonstrates that nested tiers of interchangeable parts serve as the foundation for the regulatory programs administered by the U.S. Food and Drug Administration. Core interchangeable parts used in FDA-administered programs include product categories, prohibitions on adulteration and misbranding, agency-registration requirements, current good manufacturing practices, product standards, marketing authorization requirements, postmarket requirements, and user fees. In each of these areas, Congress or the FDA has engaged in interchangeable-part lawmaking (IPL). IPL occurs when a government takes a portion of its law in one subject area and uses it as a model for its own law in another subject area. …

Dictating The Divine: Revisiting Authorship, Intention, And Authority From Sacred Texts To Generative Ai, James Hutson, W. Travis Mcmaken

Faculty Scholarship

This article interrogates the historical practice of mediated authorship in religious texts to draw critical parallels with contemporary debates surrounding generative artificial intelligence (AI), specifically large language models (LLMs). By juxtaposing the mediated authorship of sacred texts, such as the Hebrew Bible and New Testament—where figures like the Apostle Paul dictated theological concepts to scribes who infused these directives with their interpretive insights—with the generative processes of LLMs, this research underscores the shared dynamics of co-constructed authorship across historical and technological contexts. Employing interdisciplinary methodologies from art history, textual studies, and reception theory, as well as theological and biblical studies, …

Development And Evaluation Of The Da Vinci Ai Tutor: Enhancing Accessibility And Personalized Learning In Art History Education, James Hutson, Tiffani Barner

Faculty Scholarship

This study examines the implementation of the Da Vinci AI Tutor, an innovative artificial intelligence (AI)-based tutoring platform designed specifically for enhancing personalized and accessible learning in art history within higher education. Launched in Fall 2024 at a private liberal arts institution in the Midwest, the system integrates a conversational AI avatar modeled after Leonardo da Vinci, incorporating immersive virtual reality environments and multimodal interaction capabilities to engage students across undergraduate survey courses, advanced Renaissance classes, and graduate comprehensive exam preparations. Addressing significant gaps in existing humanities education research, the current study explores two primary research questions: (i) How AI-driven …

Sex & Startups, Jens Frankenreiter, Talia B. Gillis, Eric L. Talley

Faculty Scholarship

Private law offers a unique solution to the problem of long-term fiscal commitment. When Congress enacts a spending program that will take many years to reach fruition, there is a risk of a subsequent Congress or President cutting off funding in the interim. There is no escape from the problem within appropriations law itself. One solution, however, is to entrust private sector allies as vessels of long-term commitment. As a matter of political economy, that solution draws on policy-feedback theory. As a matter of law, the solution rests on a mechanism that Congress already uses but has not recognized its …

Human-Ai Collaboration In Writing: A Multidimensional Framework For Creative And Intellectual Authorship, James Hutson

Faculty Scholarship

The integration of AI technologies into the writing process has significantly altered traditional notions of authorship, creativity, and intellectual labor. Historically, writing was seen as a human-driven cognitive and creative exercise, but with the rise of generative AI tools such as ChatGPT and Claude, the line between human and AI contributions has become increasingly ambiguous. This paper addresses the limitations of the current sliding scale model, which views AI involvement as ranging from “none” to “complete”. In its place, we propose a new multidimensional framework that more accurately reflects the complexity of human-AI collaboration in writing. The model includes axes …

Performing Protest, Performing Memory: Speech Act Theory And January 6, Mary Lynne Gasaway Hill

Faculty Scholarship

In daily life, memory performs a staggering array of tasks. It offers reassurance, validation, legitimation, and approval. It transgresses boundaries and polices them. It confirms understandings and undermines them. It warms our hearts and chills our blood. In the realm of protest, as this article will show, memory works through intentional language use. In the context of activism, acts of memory are often performative: they aim not just to restate the status quo, but to change something about it. This chapter operationalises J.L. Austin’s Speech Act Theory (1994, SAT) as a lens through which to examine how the contentious discourse …

What The Hell Is The Major Questions Doctrine?, Jack M. Beermann

Faculty Scholarship

Anita S. Krishnakumar, What the New Major Questions Doctrine Is Not, 92 Geo. Wash. L. Rev. 1117 (2024).

When the sun sets in New York City, it rises in Tokyo. Okay, maybe not exactly, but you get the idea: setting somewhere, rising somewhere else. Now substitute Chevron for N.Y.C. and the Major Questions Doctrine for Tokyo. For the past forty years, administrative law scholars have been arguing over Chevron, and now that the sun has set on that doctrine, it’s time to turn our attention to the new rising sun, the Major Questions Doctrine (“MQD”). The sudden emergence …

Black English For Lawyers: A Primer, L. Alexander Walker Iii

Faculty Scholarship

Lawyers do not know as much about Black English as they should, and people’s freedom hangs in the balance. Differences between language varieties in sounds and grammar can change and have changed the outcome of cases: “He at work” and “He be at work” mean two completely different things. To reduce misinterpretation and therefore wrongful outcomes, this Article provides a primer on the sounds, words, grammar, and social context of Black English targeted directly at legal practitioners. It begins by explaining key concepts in linguistics and making the case for why lawyers must foreground accurate description over normative prescription when …

Shaping Strategy In The Digital Age: The Impact Of Consumer Electronic Word Of Mouth On Firm Strategic Emphasis, Brandon Holle, Hang T. Nguyen, Hieu V. Phan

Faculty Scholarship

This research explores how consumer electronic word of mouth (eWOM) influences a firm’s strategic emphasis, focusing on the distinct effects of positive and negative eWOM on value appropriation (e.g., advertising) versus value creation (e.g., R&D). Analyzing over 33 million social media posts covering 39 corporate brands from 2010 to 2020, the authors find that positive consumer eWOM influences firms to prioritize a strategic emphasis on value appropriation, while negative consumer eWOM is associated with a strategic emphasis on value creation. These effects are moderated by product category, market competition, and industry instability. Firms in hedonic categories have attenuated responses to …

Original Discontent, William Magnuson

Faculty Scholarship

There are many theories of constitutional interpretation. Most, but not all, of them assert that, in interpreting the Constitution’s provisions, we should start by taking seriously the intentions of the enactors, meaning, roughly speaking, its drafters, defenders and ratifiers. This Article argues that, in doing so, judges, scholars and policymakers have underestimated an important feature of the process of constitution-making: the discontent of the enactors themselves with the Constitution they were enacting. Time and again, during the Philadelphia Convention of 1787, during the penning of the Federalist Papers, and during the state ratifying conventions, the enactors expressed deep reservations about …

The Globalization Of Copyright Exceptions For Ai Training, Matthew Sag, Peter K. Yu

Faculty Scholarship

Generative AI, machine learning and other computational uses of copyrighted works pose profound questions for copyright law. This article conducts of global survey of how different countries have attempted to answer these questions in relation to the unauthorized use of copyrighted works for training. Although the world has yet to achieve international consensus on this issue, an international equilibrium is emerging. Jurisdictions with common law and civil law traditions, and with varying economic conditions, technological capabilities, political systems, and cultural backgrounds, have found ways to reconcile copyright law and AI training. In this equilibrium, countries recognize that text data mining, …

Moral Politics Theory Applied To Abortion: Utopias, Dystopias, And Dobbs, Susan Ayres

Faculty Scholarship

This article examines Moral Politics Theory (MPT) as a way to understand current tensions in the US concerning reproductive justice. MPT, as developed and researched for over thirty years by cognitive scientist, George Lakoff, provides a way to explain differences in political worldviews. According to Lakoff’s research in Moral Politics and Don’t Think of an Elephant!, conservatives tend to hold a strict-father model, and progressives hold a nurturant-parent model. People in the political middle tend to endorse both models; Lakoff labels those in the middle as “biconceptuals,” and discusses how this group is most susceptible to persuasion because metaphors frame …

Automating International Human Rights Adjudication, 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 enhance 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 article offers a comprehensive and balanced assessment of the benefits and challenges of introducing ADM into international human rights adjudication. We argue in favor of using ADM to digitize documents and for internal case management purposes and to make straightforward recommendations regarding registration, inadmissibility, and the calculation of …

Affording Oral Tradition Evidence Due Weight Before The International Court Of Justice, Terrence Neal

Faculty Scholarship

Oral traditions are irreplaceable sources of historical information, particularly with regard to Indigenous Peoples’ histories and cultures. However, when states have submitted oral traditions as evidence of historical practices, events, and circumstances in cases before the International Court of Justice (“Court”), the Court has been reluctant to afford them significant weight. This Article, which is the first detailed study on the Court’s treatment of oral traditions, examines whether the Court is failing to provide them due or appropriate weight. Based on historical, archaeological, and anthropological research, it establishes that oral traditions can be as reliable as written documents for reconstructing …

What Belongs In A Constitutional Law Casebook?, Ernest A. Young

Faculty Scholarship

No abstract provided.

More Than Miscommunication: Rethinking Interpretation At The Asylum Office, Pooja R. Dadhania, Hillary Mellinger

Faculty Scholarship

The United States requires asylum applicants to provide their own interpreters for their interviews at the Asylum Office, barring exceptional circumstances. Applicants can face significant hurdles in finding suitable interpreters, who play a critical role in giving them a voice in the asylum process. Inaccurate interpretation can have serious ramifications such as denial of an applicant’s asylum claim. Despite the critical need for meaningful language access in the asylum process, interpretation at the Asylum Office remains understudied. This article represents a first attempt at bringing the scholarly and practitioner communities together to rethink interpretation at the Asylum Office, with the …