Digital Commons Network^™

Integrating Pre-Colonial Indigenous Australian Art Into Global Art History, Allison Bell, James Hutson

Faculty Scholarship

Art history as a discipline remains dominated historically through Eurocentric frameworks, systematically marginalizing Indigenous artistic traditions, particularly pre-colonial Australian Aboriginal art. Despite evidence of profound antiquity and cultural richness, such art often occupies peripheral spaces in global narratives. This article addresses these limitations through an interdisciplinary approach, integrating precise archaeological dating methods—including radiocarbon analysis of mud wasp nests and uranium-series dating—with detailed art historical inquiry. Case studies focus specifically on landmark findings, such as the Gwion Gwion rock paintings in the Kimberley region (over 16,000 years old) and Australia’s oldest known in-situ kangaroo painting, dated approximately 17,300 years old. Comparative …

Building Layered Defenses To Reduce Illegal Gun Violence, Samuel Kan

Faculty Scholarship

This article examines a multifaceted approach to reducing illegal gun violence in the United States through the implementation of layered defense strategies. While acknowledging the constitutional protections afforded by the Second Amendment, the author argues that targeted legislative and community-based interventions can effectively reduce gun violence without infringing on lawful gun ownership rights. The analysis explores several key defensive measures, including extreme risk laws (risk protection orders), which allow for temporary firearm removal from individuals posing credible threats to themselves or others—a practice recently upheld by the Supreme Court in United States v. Rahimi. The article further examines the constitutional …

Every Law School Should Have A Poet, Susan Ayres

Faculty Scholarship

This is an imaginative work that explores gaslighting in the workplace.

The Antitrust–Copyright Interface In The Age Of Generative Artificial Intelligence, Daryl Lim, Peter K. Yu

Faculty Scholarship

The U.S. government's antitrust actions against Big Tech have recently surged in response to the growing dominance of Amazon, Apple, Google, Meta, and Microsoft. In fall 2023, the Federal Trade Commission filed a controversial submission in response to the U.S. Copyright Office's request for comments on artificial intelligence (AI) and copyright. This submission hinted at the agency's eagerness to fully deploy its enforcement powers in the AI sector, including targeting AI developers that have used copyrighted works without authorization to train AI models.

This article examines the changing interface of antitrust and copyright law in the age of generative AI. …

The Sec, Fraud, And Cryptocurrencies, Lawrence J. Trautman, Brian Elzweig, Neal F. Newman

Faculty Scholarship

The SEC’s Strategic Plan for Fiscal Years 2022–2026 is focused on the impact of the rapidly developing rate of change in new technologies that provide for markets to be more interconnected and interdependent than ever. Because Congress has yet to give the SEC, or any other agency, express authority to regulate cryptocurrency, the SEC has taken a regulation-by-enforcement approach. The SEC’s recent enforcement efforts relating to crypto asset securities were substantial, with enforcement actions addressing a range of alleged misconduct in the crypto asset securities space, including billion- dollar crypto fraud schemes; unregistered crypto asset offerings, platforms, and intermediaries; and …

A New Parlor Is Open: Microfeminisms Are Needed In Law School To Combat Gender Bias, Stephanie J. Thompson

Faculty Scholarship

A recent viral trend on TikTok has spotlighted women attorneys who are leveraging microfeminisms to uplift other women and challenge entrenched gender norms within the workplace. The hashtag #microfeminism has garnered over a billion views, underscoring a growing interest in this nuanced form of advocacy. Microfeminism encompasses the subtle, everyday actions individuals—regardless of gender—take to promote gender equity and disrupt traditional expectations, both personally and professionally. In contrast to broader feminist movements that often seek systemic reform, microfeminism focuses on the interpersonal and individual level, recognizing the transformative potential of seemingly small gestures. This Article aims to initiate a critical …

The Right To Grow Old, Jamal Greene

Faculty Scholarship

This chapter considers the status of a constitutional “right to grow old” under the US Constitution. Understood as a “positive” right – ensuring a certain minimum quality of life to people as they face the challenges of aging – such a right may seem unavailing given the austerity in respect to such rights that many lawyers associate with the US constitutional tradition. This chapter shows this view to be premature, at least. Unlike the kinds of positive rights overtly rejected in prior cases, such as rights to certain forms of social welfare or to racial equality, a right to grow …

Deepfakes In Domestic And International Perspective, Jane C. Ginsburg, Graeme W. Austin

Faculty Scholarship

Have you always (or ever) yearned to produce your own recording of Elvis Presley singing great baritone arias from Italian opera? Or to make a movie starring Nicole Kidman as Lady Macbeth? Or a videogame featuring the bully who tormented you in high school suffering repeated tortures worthy of the Christian martyrdoms recounted with gusto in The Golden Legend? You can fulfill all these wishes, and more, thanks to the AI technology enabling the creation of “deepfakes” — known in legal documents as “digital replicas” — capable of simulating the visual and vocal appearance of real people, living or …

Political Threads In Legal Tapestry: A Computational Analysis Of Executive Branch Legal Interpretation, 1934–2022, Reilly S. Steel

Faculty Scholarship

How does the push and pull between law and politics shape the work of executive branch lawyers charged with providing “neutral” interpretations of the law? To shed light on this longstanding question, this Article undertakes the first large-scale computational analysis of legal interpretation in the executive branch of the United States federal government. Using a new dataset comprised of the texts of 12,879 pages of opinions issued by the Office of Legal Counsel (OLC) in the Department of Justice (DOJ), I use machine learning methods to explore markers of partisanship and ideology in these high-profile executive branch decisions.

Several important …

Restating The Law Of Children And Youth: The Evolution Of Reform, Elizabeth S. Scott

Faculty Scholarship

A brief roadmap of this article may be helpful. Part I describes the emergence of the Child Wellbeing framework and its powerful role in shaping twenty-first-century youth justice reforms captured by the Restatement. Part II shows how this framework has begun to have a far broader influence on the law affecting children and how the framework and the developmental approach embodied in the Restatement can guide courts and shape the trajectory of the law in the future. Part III explores potential challenges to the Restatement’s effectiveness in attaining a fully integrated system based on the Child Wellbeing framework.

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.” …

Neuroarts And Neuroaesthetics, James Hutson, Piper Hutson

Faculty Scholarship

Recent advancements in neuroarts and neuroaesthetics have elucidated the relationship between artistic engagement and neural processes, emphasizing the impact of aesthetic experiences on cognitive and emotional well-being. Central to this exploration is the NeuroArts Blueprint initiative, which consolidates interdisciplinary research to better understand the impactful role of the arts on brain function and health outcomes. Empirical studies highlight how exposure to art, such as music or visual stimuli, activates neural circuits involved in emotion regulation, memory, and reward processing, particularly engaging the medial orbitofrontal cortex. Innovations such as haptic and electro-tactile devices have introduced novel sensory modalities that not only …

Phosphotungstic Acid Staining To Visualize The Vagus Nerve Perineurium Using Micro-Ct, Aniruddha R. Upadhye, Jennifer Coleman, Michael W. Jenkins, David Wilson, Andrew J. Shoffstall

Faculty Scholarship

Background and Purpose: Peripheral nerve stimulation is approved by the US Food and Drug Administration for treating various disorders, but it is often limited by side effects, highlighting the need for a clear understanding of fascicular and fiber organization to design selective therapies. Micro-CT imaging of contrast-stained nerves enables the visualization of tissue microstructures, such as the fascicular perineurium and vasculature. In this work, we evaluated phosphotungstic acid (PTA) as a contrast agent and assessed its compatibility with downstream histology. Methods: Human vagus nerve samples were collected from three embalmed cadavers and subjected to three different staining methods, followed by …

The Fear Of Replacement: How Ai Panic In Journalism Mirrors Existential Crisis In Industry, James Hutson

Faculty Scholarship

This study systematically examines the portrayal of artificial intelligence (AI) errors, such as hallucinations and deepfakes, in journalistic contexts, evaluating whether these narratives reflect a broader existential anxiety about AI's role in reshaping journalism. Using a systematic literature review combined with a qualitative content analysis of recent AI-focused news reports, this study identifies recurring themes in media coverage to assess the accuracy and context of reported AI errors relative to actual technological limitations and affordances. Findings suggest that while AI errors are comparatively rare, they receive amplified coverage, often fueling public mistrust in AI technologies. Nevertheless, a balanced examination reveals …

Living Nondirected Kidney Donation: A Psychoanalytic Case-Based Investigation Of Altruism And Its Implications For Psychosocial Evaluation Guidelines, Robert M. Guerin

Faculty Scholarship

Why donate a kidney to a stranger? The history of living nondirected kidney donation, so-called altruistic or Good Samaritan donation, is notable for its associated skepticism if not outright rejection. Since its possibility, transplantation institutes have been concerned over the motives of individuals who present to their clinics with the wish to donate a kidney to a stranger. Are these motives pure? Might there be ulterior motives or secondary gain? Or might these motives be pathological, derivative from a psychiatric disease or syndrome? Although attitudes toward the nondirected donor have improved, skepticism remains: Why, after all, benefit another in this …

Scoping Review Of Socio-Ecological Factors Contributing To Sleep Health Disparities In Children With Autism Spectrum Disorder, Megan L. Wenzell, Carolyn E. Ievers-Landis, Sehyun Kim, Samantha Desimio, Siobhan Aaron, Meng Miao

Faculty Scholarship

Given the high prevalence of sleep problems in children with autism spectrum disorder (ASD), there is a critical need to examine how sleep problems may be exacerbated for children exposed to social and environmental adversity. Guided by the socio-ecological model, this review aimed to evaluate factors linked to sleep health disparities (SHDs) in children with ASD, determine possible gaps/limitations in existing literature, and identify possible solutions. A scoping review was selected to ascertain what is known about SHDs in ASD. Four databases identified articles from 2004 to 2023. Included articles were those conducted in children with ASD that focused on …

Addressing Hiv And Substance Use Health Disparities Among Racial/Ethnic Minority Individuals, Jamie V. Saunt, David L. Hussey

Faculty Scholarship

Purpose of Review: Advances in HIV testing, prevention, and treatment, alongside increased awareness and harm reduction efforts for substance use disorder (SUD) have improved care and treatment access over the past decade. However, racial and ethnic minorities with SUD and HIV or at risk for HIV still face disproportionately high health disparities. Understanding and addressing the reasons behind these disparities is crucial. Recent Findings: Structural and systemic barriers continue to negatively impact minoritized communities, due to lack of access to care, mistrust, and feelings of ostracization. Disconnected systems for HIV and SUD treatment complicate combined care. Delays in HIV diagnosis …

Creatine Supplementation Is Safe, Beneficial Throughout The Lifespan, And Should Not Be Restricted, Richard Kreider, Andrew Jagim, Jose Antonio, Douglas Kalman, Chad Kerksick, Jeffrey R. Stout, Robert Wildman, Rick Collins, Diego A. Bonilla

Faculty Scholarship

As researchers investigating creatine supplementation, we have become increasingly concerned about reports that government agencies are attempting to restrict the sale of dietary supplements, including dietary supplements containing creatine, to children and adolescents. Creatine is a naturally occurring compound found in every cell in the human body that plays a critical role in cellular metabolism. The daily turnover of creatine is about 2–4 grams/day, depending on muscle mass and physical activity levels (1, 2). About half of the daily need for creatine is synthesized in the body from amino acids (arginine, glycine, methionine) and stored as free creatine or phosphocreatine …

Who Owns The Heat? Property Rights In Geothermal Energy, Gabriel Eckstein

Faculty Scholarship

Landowners can have ownership claims to oil, gas, water, and other tangible natural resources located in their subsoil. But can they also claim rights to the thermal energy found below their land? With 50,000 times more heat energy within the top 10,000 meters (around 33,000 feet) of the Earth’s surface than contained in all of the world’s oil and natural gas resources combined, geothermal energy is a tremendously promising, clean, and renewable energy resource. Yet, ambiguities in property rights related to the development and ownership of geothermal energy resources raise questions about who is entitled to benefit from that potential. …

Tomorrow’S Climate Law, Today, Daniel E. Walters

Faculty Scholarship

The prospects for domestic legislation or international treaties that would require governments, businesses, and individuals to stop emitting the greenhouse gases that cause global climate change are particularly bleak these days. Even as the United States has recently passed its most ambitious climate legislation to date in the Inflation Reduction Act and related “green industrial policy” legislation, these successes were ultimately a compromise with politicians who refused to consider more direct controls on emissions. Assuming they survive the second Trump Administration, the green subsidies and nudges contained in these laws, coupled with a groundswell of private environmental governance, will do …

Capital Formation, The Sec, And Accredited Investors, Neal F. Newman, Lawrence J. Trautman, Brian Elzweig

Faculty Scholarship

Protecting the investing public, while simultaneously facilitating the efficient flow of capital needed by all new and growing businesses continues as a primary responsibility of the U.S. Securities and Exchange Commission (SEC). Enhancing the capital formation process is a necessary step in the creation of jobs and growth of any economy. Central to the SEC’s regulatory schematic is the proposition that some particularly sophisticated and wealthy investors require less protection than those with less knowledge, experience, and resources. During December 2023, for just the third time, the SEC staff issued a report examining the status of the natural person accredited …

Artificial Intelligence, Autonomous Creation, And The Future Path Of Copyright Law, Peter K. Yu

Faculty Scholarship

Most literature at the intersection of copyright and AI has focused primarily on what copyright law is or ought to be. Frequently overlooked is the question of what copyright law will be in the AI space. Understanding this question is crucial because the path of copyright law chosen by the United States will have a major impact on the country's economic and technological future.

This article begins by scrutinizing two lines of arguments that have been advanced to deny copyright protection to AI-generated works: constitutional and incentive-based. The article then discusses a third line of arguments—harmonization-based arguments—and identifies select instances …

Guide To Sec And Business Open Source Corporate Intelligence, Lawrence J. Trautman, Brian Elzweig, Neal F. Newman

Faculty Scholarship

An agency of the U.S. intelligence community observes, "The explosion of open source intelligence (OSINT) in recent years has transformed how governments and people around the world consume and process information about society and global issues." It is likely that "We all use open-source and probably don't even realize it, but we also use it for different reasons. You might use open-source information to do a credibility check and to find out more about the person selling you something on Facebook marketplace." Others "may research someone… met on a dating app or before hiring someone for a job." Every use …

Property And Prejudice, Fatma E. Marouf, Vanessa Casado Pérez

Faculty Scholarship

“Alien land laws”—laws restricting noncitizens from owning real property—are back. A dozen states have enacted such laws during the past year, and over thirty states have considered such bills. These new bills are rooted in xenophobia, much like their predecessors, but they also have unique characteristics. They single out governments, citizens, and corporations of specific countries perceived to pose a threat; they impose ownership restrictions based on arbitrary distances to U.S. military bases and critical infrastructure; they inflict particularly harsh penalties; and they try to ferret out foreign control in complex corporate structures. The purported justifications are national defense, food …

Micro-Costs, Kiel Brennan-Marquez, Brendan S. Maher

Faculty Scholarship

The modern world is filled with tiny attentional impositions (cognitiveasks) that inflict small mental burdens (micro-costs) on virtually everyone, everywhere, all the time. Micro-costs make life worse, and everybody knows it. They sap collective energy; they lead to worse decisions; they exacerbate inequality; and they contribute to an overall sense of "mismanagement" in the world, a sentiment that readily pairs with destructive political impulses.

Yet the law has essentially ignored micro-costs-until now. In what follows, we construct a theory of micro-costs that gives the phenomenon analytic shape and charts a path forward for reform. Drawing on the insights of philosophy, …

Exorcising Hobbes's Ghost: A Future For Constitutional And International Law, Monica Hakimi

Faculty Scholarship

Daryl Levinson wants to liberate constitutional law from the ghost of Thomas Hobbes. More than 350 years ago, Hobbes advanced a conception of law that, for all the efforts to move past it, continues to resonate. In the strictest iteration of the Hobbesian conception, law cannot exist apart from Leviathan, a sovereign state that is the “sole source of legal authority” in a defined territory. As the only possible source of law, Leviathan cannot itself be subject to law. “[I]t exercise[s] legally limitless power over its citizens and interact[s] with other Leviathans in a lawless international arena”. It is also …

Redefining Cancer Photodynamic Therapy With Gold Nanoparticles, Zoey A. Lockwood, Michael R. Jirousek, James P. Basilion, Clemens Burda

Faculty Scholarship

Despite advancements made in treatment options, cancer continues to be one of the leading causes of death worldwide. Photodynamic therapy (PDT) has gained attention as a minimally invasive and highly selective treatment option for cancer. However, challenges due to the hydrophobicity of photosensitizers and their poor tumor selectivity have limited their use in cancer therapy. Recent developments in nanotechnology, particularly the use of gold nanoparticles (AuNPs), help overcome these challenges. AuNPs provide a stable and biocompatible platform to deliver photosensitizers, improving their solubility, stability, and ability to target tumors while reducing side effects. Functionalized AuNPs take advantage of mechanisms like …

Science-Based Policy Recommendations For Managing Emerging Pollutants: Protecting Water Quality For The Health Of People And The Environment, Sarantuyaa Zandaryaa, Ali Fares, Gabriel Eckstein, Regina M. Buono, Mary Trudeau, James E. Nickum, Xingui Xia, Atikur Rahman, Marijn Korndewal, Cassiana C. Montagner, Piero R. Gardinali, Robert Michael Di Filippo, Anoop Veettil

Faculty Scholarship

Emerging water pollutants are a growing global concern due to their ubiquitous presence in water resources worldwide and their potential adverse effects on human health and ecosystems. Limited scientific understanding of sources of emerging pollutants’ emissions to water bodies and their pathways, behaviour, and fate in aquatic environments, as well as human health and ecological effects, is a significant hindrance in managing emerging water pollutants. With exceptions concerning PFAS/PFOS and microplastic beads, there are few regulations for emerging pollutants in national water and environmental policies, which results in a critical gap in safeguarding human health and aquatic ecosystems through effective …

Promises, Promises: Understanding Claims Made In Social Robot Consumer Experiences, Johanna Gunawan, Sarah Elizabeth Gillespie, David Choffnes, Woodrow Hartzog, Christo Wilson

Faculty Scholarship

Social robots are a class of emerging smart consumer electronics devices that promise sophisticated experiences featuring emotive capabilities, artificial intelligence, conversational interaction, and more. With unique risk factors like emotional attachment, little is known on how social robots communicate these promises to consumers and whether they adequately deliver upon them within their overall product experiences prior to and during user interaction.

Animated by a consumer protection lens, this paper systematically investigates manufacturer claims made for four commercially available social robots, evaluating these claims against the provided user experience and consumer reviews. We find that social robots vary widely in the …

Taking Revolution Seriously, Zohra Ahmed

Faculty Scholarship

Every so often, a prison strike will make national news, as it did in 2014, 2016, and 2018. ¹ The media will focus on the atrocious conditions of confinement; the unchecked violence; the wages numerated in pennies; and the state’s indifference to the strikers’ modest demands for food, medical care, and human contact.

Orisanmi Burton’s² book, Tip of the Spear: Black Radicalism, Prison Repression, and the Long Attica Revolt, urges us to process such reporting with a healthy dose of skepticism. What if prison rebellions were telling us something else, something even more important? What if they were …