Digital Commons Network^™

Liquid Power: Myths, Realities, And Policy Responses To Wall Street's Takeover Of Water Markets, Vanessa Casado-Pérez

Faculty Scholarship

In Don Quixote, there is a moment when all the knightly novels are thrown into the fire for their fantastical depictions of chivalry. Yet one book is spared: Tirant lo Blanc. It is saved because, unlike the others, it portrays knights who die in their beds-offering a more realistic depiction of medieval battles. Similarly, Liquid Asset stands out as the book that should be preserved from the extensive body of scholarship on water markets. Many works in this field are influenced by ideological biases that shape their analyses. In contrast, Buzz Thompson's books provides the nuance and balance often lacking …

A Conversation About Stare Decisis, Debra A. Livingston, John Q. Barrett

Faculty Scholarship

John Q. Barrett (“JQB”)

Chief Judge Debra Ann Livingston, welcome back to St. John’s.

The Chief Judge has been a friend to us for many years. It is an honor to host someone of her talent and someone in her position: the Chief Judge of the U.S. Court of Appeals for the Second Circuit.

We’re going to have a conversation for the first part of the program, about judging, her work, and stare decisis. But first, we need to meet you and hear a little bit about your background — where you are from — and the path that took …

Being And Becoming In The Algorithmic Age, Bernard E. Harcourt

Faculty Scholarship

To change the world: the prerequisite, most often, is to change our experience of the world, to experience the world differently, to be shaken to our foundations, to have one’s sense of self shattered. That is a process of both being and becoming. In order to turn that process in our favour, in this age of artificial intelligence, it will be crucial to transform data and algorithms into bits of justice.

Digital Bibliography In The Age Of Linked Data, Kate Ozment

Faculty Scholarship

The article explores how the interplay of ideological values and technological capacities have shaped the digital bibliography of British print history. Using a misgendering in the English Short Title Catalogue (ESTC) as a case study, the article explores how information flows through resources like Eighteenth Century Collections Online (ECCO), and Early English Books Online (EEBO), library catalogues, WorldCat, and retail outlets like Amazon. The article argues that as data from the ESTC is reproduced through linked data structures, information is ‘authorized’ far beyond what a single resource would do alone or what its original authors imagined or designed. While feminist, …

The East Palestine Train Derailment: A Complex Environmental Disaster, Lynn T. Singer, Fredrick R. Schumacher, Timothy Ciesielski

Faculty Scholarship

This symposium, The East Palestine Train Derailment: A Complex Environmental Disaster, brought together scientists whose research represented initial scientific responses to the community health impacts of the chemical exposures incurred from a disastrous train derailment and subsequent combustion in East Palestine, Ohio in February, 2023. This derailment and burn led to multiple complex toxic exposures to air, soil and water, including vinyl chloride and butyl acrylate. Presenters described the multi-university consortium formed to assist with developing and communicating data-informed summaries to the affected community. Presenters also reported on the immediate health sequelae experienced by the community and the stress and …

Civilian Enforcers, Karen Pita Loor

Faculty Scholarship

This Article analyzes the largely unexplored phenomenon of militant civilians engaged in efforts to police and silence activism that challenges entrenched American power systems and economic distributions placing whites atop the social hierarchy in the United States. I argue that this civilian enforcement is an unregulated vessel for state-sponsored violence meant to silence the contestation of the existing racial hierarchy. While scholars, myself included, have written about the many ways police confront and silence racial justice activists on the streets at least since the beginning of the Black Lives Matter (BLM) movement, the role law enforcement plays in silencing racial …

"What Shall Be Orthodox" In Polarized Times: Overview And Response To Commentators, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” Justice Robert Jackson wrote this celebrated passage in his majority opinion in West Virginia State Board of Education v. Barnette (1943), which protected the First Amendment right of Jehovah’s Witness children not to participate in a compulsory flag salute in public schools. In recent years, protests against imposed orthodoxy—usually invoking Barnette—have occurred in …

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.

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 …

Competition In The Global Law Market: Offshore Development Of The Statutory "Rule In Hastings-Bass", Andrew P. Morriss

Faculty Scholarship

This Article examines the competitive dynamics in the global law market through the lens of the statutory evolution of the Rule in Hastings-Bass across various International Financial Centers (IFCs). Following the UK Supreme Court's 2013 decision in Pitt v Holt and Futter v Futter, which significantly restricted the judiciary's ability to void trustee decisions under the Rule, seven IFCs (Jersey, Bermuda, The Bahamas, the Dubai International Financial Center, the Cayman Islands, and the British Virgin Islands) enacted statutes to preserve and clarify the Rule within their jurisdictions. These legislative actions highlight the strategic adaptations by IFCs to enhance their legal …

Water Flowing Down Wall Street, Vanessa Casado-Pérez

Faculty Scholarship

Water scarcity is a perennial problem with dire consequences for the United States and governments around the world. A lack of adequate water resources is a systematic cause of environmental harm, economic damage, and societal division. Climate change has exacerbated these problems making water even more valuable and essential.

Financial actors have turned water into the new oil. These large financial actors profiteer from buying and selling water without any interest in its actual use as an input of production. Instead, they typically seek to hold these rights until dire situations, like droughts and fires, cause temporary, but large, spikes …

Nato Self-Defense – Is Article 5 The Right Framework For Responding To Sub-Kinetic Cyber Aggression?, Shreyas Kumar, Gary D. Brown, Srividhya Ragavan, Maddalena Cerrato, Gourav Nagar

Faculty Scholarship

Cyber aggression presents a significant challenge to traditional frameworks of collective defense, particularly under Article 5 of the NATO Washington Treaty, which obligates member states to respond collectively to an "armed attack." While NATO has acknowledged that cyber incidents may trigger Article 5, ambiguity persists over what constitutes a cyber "armed attack," especially in the absence of kinetic effects. This uncertainty complicates NATO’s ability to address increasingly prevalent sub-kinetic cyber threats, such as economic disruption, data manipulation, and interference in democratic processes. Unlike conventional military threats, cyber operations often fall below the traditional threshold of armed conflict while still exerting …

Looking For The Public In Public Law, Nikhil Menezes, David E. Pozen

Faculty Scholarship

The “public” is everywhere and nowhere in contemporary public law. Everywhere, in that the term is constantly invoked to justify and explain existing arrangements. Nowhere, in that serious attempts to identify a relevant public and elicit its input are few and far between. Scholars and officials depict the U.S. public as playing myriad roles in governance — checking, guiding, approving, repudiating—without offering an account of how public preferences are formed or how they exercise influence on questions of interest.

This Article seeks to identify and call attention to the foundational dilemmas underlying this disconnect, to clarify their normative contours and …

Beyond Issuers: The Future Of Private Securities Litigation, Joshua Mitts

Faculty Scholarship

Private securities litigation has traditionally been viewed as a subfield of corporate governance, reducing agency costs by disciplining wayward management. In this brief Symposium essay, I argue that the future of private securities litigation lies beyond issuers. I discuss how a fraud claim under Rule 10b-5 can be understood as a kind of economic tort, and set out, in broad strokes, an economic analysis of claims against non-issuer defendants. I then consider emerging trends in the case law against non-issuers in social media and market manipulation cases. I conclude by identifying some challenges and opportunities for securities litigation in a …

Presidential Supremacy Over Administrative Agencies, Gary Gensler, Lev Menand

Faculty Scholarship

In the United States, the public has long benefited from the role played by administrative agencies with a degree of autonomy from the White House, each agency with distinct duties and authorities to implement the law as set out by Congress.

In its first hundred days, the second Trump administration has moved rapidly to centralise control over all administrative agencies, including so-called independent agencies, which have long operated at a greater remove from the White House than ‘executive’ agencies like the Department of State and the Department of Commerce. The administration is asserting an interpretation of the Constitution known as …

Competence-Competence, Delegation, And The Aaa/Icdr Rules, Christopher R. Drahozal, George A. Bermann, Jack J. Coe Jr., Catherine A. Rogers

Faculty Scholarship

In 2021 and 2022, the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR) amended their arbitration rules to address a “potential controversy” said to be caused by the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration. The “potential controversy” is over whether the rules providing that arbitrators have “the power to rule on [their] own jurisdiction” should be interpreted as delegation clauses — that is, as “clearly and unmistakably” delegating exclusive authority to resolve jurisdictional challenges to the arbitrators instead of the court. Most courts have so interpreted the rules.

By contrast, the …

Digital Resurrection Of Thonis-Heracleion: Technological Advances In Underwater Archaeology And A Speculative Ai-Driven Reconstruction Methodology, James Hutson, Passent Chahine

Faculty Scholarship

This article synthesizes past archaeological research on the submerged Egyptian city of Thonis-Heracleion, critically reviewing excavations and technological interventions deployed since its rediscovery by Franck Goddio and the IEASM team. Situated approximately 10 meters beneath Aboukir Bay near Alexandria, the city represents a significant nexus of Greek and Egyptian cultural heritage, vividly documented in classical sources such as Herodotus and Strabo. Prior excavations have recovered temple complexes, colossal statues, ritual artifacts, and an extensive array of ancient shipwrecks, mapping only a fraction of the extensive site. These investigations utilized pioneering geophysical methods, including multibeam sonar, side-scan sonar, and photogrammetry, establishing …

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 …

The Complex Interplay Between Intellectual Property And The Right To Science, Peter K. Yu

Faculty Scholarship

In April 2020, the U.N. Committee on Economic, Social and Cultural Rights released General Comment No. 25, which provides an authoritative interpretation of the right to science—a right that has hitherto not received much attention. In light of this publication and the recent celebration of the 75th anniversary of the Universal Declaration of Human Rights, this article examines the complex interplay between intellectual property and the right to science, with a view toward the human rights challenges brought about by both the COVID-19 pandemic and the arrival of generative AI.

The article begins by documenting the historical evolution of the …

Law Enforcement Privilege, Rebecca Wexler

Faculty Scholarship

You can’t question a secret you haven’t been told. The criminal legal system depends on fair and open proceedings to expose and regulate unlawful and unconstitutional police conduct through the courts. If police can use claims of secrecy to systematically thwart criminal defendants’ access to evidence, judicial review will fail. And yet that is exactly what is happening under a common-law doctrine called the “law enforcement privilege.” The privilege empowers police and prosecutors to rely on the results of secret investigative methods while withholding information from the defense about how those methods work. It risks perpetuating unconstitutional conduct, enabling wrongful …

Tort Law Heterodoxy In China, Benjamin L. Liebman, Rachel E. Stern, Eva Wenwa Gao, Xiaohan Wu

Faculty Scholarship

Chinese courts routinely ask defendants to pay damages without evidence of negligence while relying on concepts such as fairness, substantive justice, or discretion. This chapter examines how Chinese courts arrive at decisions that feel fair or just in cases where they refer to those ideas. Analysis of a dataset of 10,000 judicial decisions in personal injury cases suggests that Chinese courts refer to these concepts when they impose liability on two types of parties: (1) participants in a shared activity and (2) those who control a physical space. By assigning legal responsibility in these cases, Chinese courts acknowledge traumatic harm, …

Harnessing Redox-Active Molecules In Alkylammonium Halide-Based Eutectic Solvents For Redox Flow Batteries, Zeru Syum, Jesse Wainright, Desiree Mae Prado, Burcu Gurkan, Palani Sabhapathy, Clemens Burda, Matthew Vasil, Robert Savinell

Faculty Scholarship

Redox flow batteries (RFBs) are promising for large-scale energy storage, however, advancements in performance and cost-effectiveness are critical factors for adoption. Here we report on alkylammonium halide based eutectic solvents (ESs) and found that a ESs comprising of diethylammonium chloride or bromide, in ethylene glycol demonstrated exceptional stability and a wide electrochemical stability window, making it a promising candidate for RFB applications. The electrochemical stability and redox behavior of the alkylammonium halide-based ESs are significantly influenced by hydrogen-bonding interactions, modulated by the alkyl chain length of the cation and the nature of the anion. A redox-active eutectic electrolyte containing 0.45 …

Evaluation Of Gold Helical Microwire Structure Electrode For Long-Term Rodent Nerve Stimulation, Danny V. Lam, Kevin Yang

Faculty Scholarship

Objective. The development of electrodes for chronic peripheral nerve stimulation faces several challenges, including complex compositions, intricate manufacturing processes, and high costs associated with the availability and fabrication of suitable materials. These limitations hinder the accessibility and feasibility of producing effective devices for chronic preclinical studies. This study evaluated the feasibility of a simple-to-manufacture gold helical microwire structure electrode (Au-HMSE) for peripheral nerve stimulation, electromyography (EMG) recording, and preliminary tissue response on the rat sciatic nerve. Approach. Manufactured electrodes were used for up to 8 weeks in rats for nerve stimulation and EMG recordings, with electrode-tissue impedances and motor thresholds …

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 …

Applying An Intergenerational Lens To The Associations Between Childhood Intimate Partner Violence Exposure, Child Maltreatment, And Adolescent Dating Violence Perpetration, Laura A. Voith

Faculty Scholarship

Reports estimate that approximately 35 percent of U.S. adolescents have dated or are currently dating, making the fact that over a third of those youth have reported experiencing some form of adolescent dating violence (ADV) in their relationships, incredibly concerning. An estimated 31 percent (~4.5 million) of dating youth report perpetrating ADV and 35 percent (~5.1 million) report ADV victimization. Childhood exposure to intimate partner violence (eIPV) and child maltreatment have both been linked with the experience of ADV, however, results vary greatly across studies, particularly regarding ADV perpetration. This study is additive by improving upon ADV measurement limitations from …

Self-Management For People With Epilepsy And A History Of Negative Health Events (Smart): A Randomized Controlled Effectiveness Trial, Martha Sajatovic, Jessica Black, Jacqueline Krehel-Montgomery, Richard Barigye, Joy Yala, Clara Adeniyi

Faculty Scholarship

Objectives: This 2-site, 6-month randomized controlled trial of an epilepsy self-management (ESM) curriculum (SMART) vs. 6-month waitlist (WL) control assessed effects on epilepsy outcomes in 160 people with epilepsy (PWE). Methods: PWE had at least 1 negative health event (NHE) defined as a seizure, emergency department visit, hospitalization or self-harm attempt in the last 6 months. Primary outcomes were differences in proportions of PWE with reductions in NHEs from baseline to 6 months follow up and change in NHE/seizure counts between SMART and WL. Secondary outcomes included the Patient Health Questionnaire (PHQ-9), 36-Item Short Form Survey (SF-36), Quality of Life …

Cgas/Sting-Independent Induction Of Type I Interferon By Inhibitors Of The Histone Methylase Kdm5b, Monica M. Montano, I. Ju Yeh, Wannarasmi Ketchart

Faculty Scholarship

Studies support the role of hexamethylene bis-acetamide [HMBA] induced protein 1 (HEXIM1) as a tumor suppressor. We previously reported that the histone demethylase, KDM5B, inhibits the expression of HEXIM1, and KDM5B inhibitors (KDM5Bi) upregulate HEXIM1 expression. As a consequence, KDM5Bi inhibited cell proliferation, induced differentiation, potentiated sensitivity to cancer chemotherapy, and inhibited breast tumor metastasis. HEXIM1 is crucial for the regulation of triple-negative breast cancer (TNBC) phenotype by KDM5Bi. Type I Interferon (IFN-I) employs the immune system in the tumor microenvironment to restrict tumor growth. Moreover, therapeutic approaches (including mainstay chemotherapy) engage IFN-I signaling. We report herein that HEXIM1 and …

Predicting Sorption Of Diverse Organic Compounds In Soil-Water Systems: Meta-Analysis, Machine Learning Modeling, And Global Soil Mapping, Jiachun Sun, Kai Zhang, Huichun Zhang

Faculty Scholarship

In recent decades, the environmental detection of various organic compounds (OCs) has highlighted the limitations of conventional soil-water sorption models, which simplify complex experimental conditions and often overlook OCs with polyfunctional and ionizable structures. To address these shortcomings, we compiled a comprehensive soil-water sorption dataset encompassing 20,945 data points for 419 OCs with various functional groups and 1037 different soils. Meta-analysis of the dataset revealed the trends of soil sorption associated with OC substructures, soil properties, and solution conditions. Machine learning models employing the XGBoost algorithm, in conjunction with MACCS fingerprints and experimental conditions, were developed to cover the entire …

Tnf-Α-Driven Changes In Polarized Egf Receptor Trafficking Facilitate Phosphatidylinositol 3-Kinase/Protein Kinase B Signaling From The Apical Surface Of Mdck Epithelial Cells, Syntyche Ngalula, Cathleen R. Carlin

Faculty Scholarship

This manuscript describes a novel unconventional secretory pathway that facilitates EGF receptor (EGFR) signaling from apical membranes in polarized epithelial cells responding to immune cell mediators. Epithelial tissues provide a physical barrier between our bodies and the external environment and share an intimate relationship with circulating and local immune cells. Our studies describe an unexpected connection between the proinflammatory cytokine tumor necrosis factor-alpha (TNF-α) and EGFR typically localized to basolateral membranes in polarized epithelial cells. These two molecules sit atop complex biological networks with a long history of shared investigative interest from the vantage point of signaling pathway interactions. We …