Digital Commons Network^™

Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker

Faculty Scholarship

Social media afflicts minors with depression, anxiety, sleeplessness, addiction, suicidality, and eating disorders. States are legislating at a breakneck pace to protect children. Courts strike down every attempt to intervene on First Amendment grounds. This Article clears a path through this stalemate by leveraging two underappreciated frameworks: the latent regulatory power of parental authority arising out of family law, and a hidden family law within First Amendment jurisprudence. These two projects yield novel insights. First, the recent cases offer a dangerous understanding of the First Amendment, one that should not survive the family law reasoning we provide. First Amendment jurisprudence …

Abortion Costs And The Language Of Torture, William J. Aceves

Faculty Scholarship

Following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Org., several states imposed significant restrictions on abortion. Some of these states established medical exceptions that would allow a pregnant person to receive an abortion only if they face "a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced." This language highlights the extreme pain and suffering that pregnant people must experience to qualify for an abortion …

Chevron Deference Is Dead, Long Live Deference, Jack M. Beermann

Faculty Scholarship

The demise of Chevron deference standing alone may turn out to be much less important for the future of administrative law and agency regulation than many believe. The Court explicitly approved of deference under the Skidmore factors, which instruct reviewing courts to “resort for guidance, even on legal questions” to “the interpretations and opinions of the relevant agency, made in pursuance of official duty and based upon specialized experience.”8 Further, the Court had already created numerous limitations to the reach of Chevron deference and, as the Court noted, it had not deferred under Chevron in nearly a decade. Chevron deference …

Impact Of Coverage And Guest Residue On Polyproline Ii Helix Peptide Antifouling, Rebecca S. Ahn, Henry T. Grome, Sogol Asaei, Geeta Verma, Christina S. Dang, Harihara Baskaran, Julie N. Renner

Faculty Scholarship

Polyproline II (PPII) peptide sequences are recognized as promising biomaterials because of their attractive antifouling properties. However, the mechanisms behind their antifouling behavior have not been fully characterized. In this work we show that PPII peptide coverage, controlled by adsorption time, significantly reduces the fouling of bovine serum albumin (BSA, a model foulant). In addition, guest residues introduced into the PPII sequence are shown to significantly impact BSA adsorption as well as human mesenchymal stem cell (hMSC) spreading. This research will help guide future PPII peptide designs for incorporation into novel biomaterials.

Sensitivity Of Wavelet-Based Optical Flow Velocimetry (Wofv) To Common Experimental Error Sources, Bryan E. Schmidt, Gauresh Raj Jassal

Faculty Scholarship

The influence of several potential error sources and non-ideal experimental effects on the accuracy of a wavelet-based optical flow velocimetry (wOFV) method when applied to tracer particle images is evaluated using data from a series of synthetic flows. Out-of-plane particle displacements, severe image noise, laser sheet thickness reduction, and image intensity non-uniformity are shown to decrease the accuracy of wOFV in a similar manner to correlation-based particle image velocimetry (PIV). For the error sources tested, wOFV displays a similar or slightly increased sensitivity compared to PIV, but the wOFV results are still more accurate than PIV when the magnitude of …

Juror Privacy Via Anonymity, Jayne S. Ressler

Faculty Scholarship

No abstract provided.

Affirmative Action’S Asian American Problem, Huyen Pham, Joseph Thai

Faculty Scholarship

Asian American opponents of affirmative action have received both credit and blame for their pivotal role in toppling racial preferences in university admissions in Students for Fair Admissions v. Harvard (SFFA). Allied conservatives highlighted evidence of discrimination against Asian American applicants as a compelling reason to dismantle affirmative action; liberals either denied this discrimination existed or tolerated it as an acceptable cost of helping other minority applicants. But largely unacknowledged is the precipitating history of the Supreme Court’s marginalization of Asian American applicants and its decades of tacit approval of their exclusion from affirmative action programs. This unwritten …

The Role Of Accountability In Preserving Judicial Independence: Examining The Ethical Infrastructure Of The Federal Judicial Workplace, Susan Saab Fortney

Faculty Scholarship

After news reports of sexual harassment allegations involving federal judges, U.S. Supreme Court Chief Justice John Roberts asked the Director of the Administrative Office of the U.S. Courts to assemble a working group to address concerns related to misconduct in the federal judicial workplace. Following the working group’s report, the judiciary adopted recommendations relating to discrimination and harassment in the federal judiciary. Using the ethical infrastructure framework, this article reviews what changes have been made and what is missing. It explains how the steps taken largely focus on formal aspects of communicating and monitoring standards of conduct. Notably missing are …

Fatherhood, Family Law, And The Crisis Of Boys And Men, June Carbone, Clare Huntington

Faculty Scholarship

Boys and men in all racial and ethnic groups and across most socioeconomic groups are struggling on many fronts, including education, employment, physical and mental health, and social integration. In these areas and more, boys and men are much worse off than they were only a few decades ago. The crisis — which is concentrated among men without college degrees — is rooted in large-scale structural changes to the economy that have decimated jobs for this group and policy choices that emphasize incarceration while doing little to address economic inequality.

The decline in male well-being is not just a problem …

Addressing Energy Insecurity Upstream: Electric Utility Ratemaking And Rate Design As Levers For Change, Emma Shumway, Diana HernáNdez, QëNdresa Krasniqi, Vivek Shastry, Abigail Austin, Michael B. Gerrard

Faculty Scholarship

Millions of Americans are impacted by energy insecurity each year, in part due to unaffordable and inequitable electricity rates. The electric ratemaking process presents opportunities to confront issues of affordability and equity or to instead entrench traditional approaches. State legislatures, public utility commissions (PUCs), and advocates all play vital roles in making the former a reality. Historically, ratemaking has been criticized as an insular and highly technical process that caters to utilities rather than customers. But states like California and New York are making strides by broadening PUC legal authority to include explicit consideration of equity issues, adjusting incentives and …

The Second Amendment’S Second Sex, Michael Ulrich

Faculty Scholarship

This Essay explores how the Supreme Court’s Second Amendment doctrine perpetuates gender hierarchies and a male monopoly on lethal self-defense. It critiques the narrow “true man” framing that ignores women’s experiences and advocates for a justice-centered framework that incorporates power and privilege into the gun-rights discourse.

With Fear, Favor, And Flawed Analysis: Decision-Making In U.S. Immigration Courts, Karen B. Musalo Prof.

Faculty Scholarship

Immigration judges (IJs), housed within the Executive Office for Immigration Review within the Department of Justice (DOJ), make decisions in asylum and withholding claims, which are life or death matters. And although their title is “judge,” IJs are DOJ attorneys who lack independence and are particularly susceptible to political pressures. Federal court judges and scholars alike have criticized the quality and fairness of IJ decision-making, and many studies have been carried out to better understand the factors that impact it. The prior studies have relied principally on quantitative data because IJ decisions are not publicly available or searchable in any …

A Simple And Fast Optical Clearing Method For Whole-Mount Fluorescence In Situ Hybridization (Fish) Imaging, Junwoo Suh, Yehe Liu, Jordan Smith, Michiko Watanabe, Andrew M. Rollins, Michael W. Jenkins

Faculty Scholarship

We report a single-step optical clearing method that is compatible with RNA fluorescence in situ hybridization (FISH) imaging. We previously demonstrated microscopy imaging with immunohistochemistry and genetic reporters using a technique called lipid-preserving refractive index matching for prolonged imaging depth (LIMPID). Our protocol reliably produces high-resolution three-dimensional (3D) images with minimal aberrations using high magnification objectives, captures large field-of-view images of whole-mount tissues, and supports co-labeling with antibody and FISH probes. We also custom-designed FISH probes for quail embryos, demonstrating the ease of fabricating probes for use with less common animal models. Furthermore, we show high-quality 3D images using a …

Reducing Consumer–Brand Incongruity Through Corporate Social Responsibility And Brand Trust: Exploring Negative Word-Of- Mouth (Nwom), Petek Tosun, Sandy Ipeker Cagliyor, Merve Yanar Gürce

Faculty Scholarship

Drawing upon consumer–brand disidentification theory and balance theory, this study examines symbolic and ideological incongruity in consumer–brand relationships through an original conceptual model shaped by negative past experiences, brand trust, perceived corporate social responsibility (CSR), and negative word-of- mouth (NWOM). A preliminary study was conducted to explore the dimensions of consumers' negative past experiences by topic detection. Latent Dirichlet allocation (LDA) topic modeling was undertaken to analyze online consumer reviews (n = 6095) about a coffee chain brand. The dimensions detected in this preliminary study were included in the research model and further analyzed in the main study. The main …

Shifting Toward Boilerplate Regulation, Wayne R. Barnes

Faculty Scholarship

Consumer assent to standard form contracts has been creating cognitive dissonance among contracts scholars for a century. Businesses impose standard forms on consumers, who never read the terms. But consumers would not understand them if they did. And they don’t have the bargaining power to change them anyway—the terms are famously “take it or leave it.” Contracting is ideally theorized as an act of voluntary, knowing consent to all the terms agreed to. The dissonance is that consumers, although ostensibly signaling their assent to the boilerplate by signing (or clicking, or tapping their phone screen), do not in fact know …

The International Legal Framework Of Oceanic Shipping Of Carbon Dioxide For Permanent Storage, Carolina Arlota, Michael B. Gerrard

Faculty Scholarship

The Intergovernmental Panel on Climate Change defines carbon dioxide capture and storage (CCS) as “a process in which a relatively pure stream of carbon dioxide (CO2) from industrial and energy-related sources is separated (captured), conditioned, compressed, and transported to a storage location for long-term isolation from the atmosphere.” Therefore, CCS encompasses a series of steps, at minimum: capturing carbon dioxide, its transportation to a storage site, and its injection into the subsurface for permanent storage. As such, CCS does not refer to any single activity or technology. This Article focuses on the transportation aspect of CCS and, more precisely, …

Taxing The Ten Percent, Alex Raskolnikov

Faculty Scholarship

The United States government is rapidly approaching the point when it will have no choice but to raise taxes. But whose taxes should go up, and why? The argument for higher taxes on the top one percent is well known. The case for higher taxes on the next nine percent is not. This Article makes that case.

Americans with incomes in the top ten percent but not the top one percent are not rich, but they are not middle class either—they are affluent. These affluent Americans have seen mostly tax cuts over the past three decades. Yet today, as progressive …

The False Choice Between Digital Regulation And Innovation, Anu Bradford

Faculty Scholarship

This Article challenges the common view that more stringent regulation of the digital economy inevitably compromises innovation and undermines technological progress. This view, vigorously advocated by the tech industry, has shaped the public discourse in the United States, where the country’s thriving tech economy is often associated with a staunch commitment to free markets. U.S. lawmakers have also traditionally embraced this perspective, which explains their hesitancy to regulate the tech industry to date. The European Union has chosen another path, regulating the digital economy with stringent data privacy, antitrust, content moderation, and other digital regulations designed to shape the evolution …

The State Statutes Project, Neel Guha, Diego A. Zambrano

Faculty Scholarship

State statutes are having a moment in national debates. Partly fueled by polarization, state legislatures have pushed the boundaries on almost every important national question, from abortion and regulation of social media, all the way to police lawsuits and drug use. Take, for instance, the by now well-known example of Texas Senate Bill 8. To avoid Roe v. Wade, the Texas Legislature enacted a statute that allowed private parties (really, anyone) to sue abortion providers. The kicker was that the statute prohibited government enforcement in order to prevent Ex parte Young style challenges in federal court. Or take Montana’s attempt …

Contracting Hoop Dreams: Using Sports Law To Teach Transactional Practice, Cody Jacobs

Faculty Scholarship

One of the places I find the most joy in teaching legal writing is problem development—writing compelling factual scenarios that give students interesting legal issues to work through is rewarding and fun.  The best prompts will motivate students to really jump into their role representing their client and encourage them to think about the “big picture”—how the law ties into social, political, and economic structures in society at large.  Much has been written about the best ways to do this in the context of litigation assignments (briefs, memos, etc.), but there has been less discussion about problem creation in the …

Synergistic Effects Of Biological Stimuli And Flexion Induce Microcavities Promote Hypertrophy And Inhibit Chondrogenesis During In Vitro Culture Of Human Mesenchymal Stem Cell Aggregates, Bo Zhang, Jim Berilla, Sungwoo Cho, Rodrigo A. Somoza, Jean F. Welter, Harihara Baskaran

Faculty Scholarship

Interzone/cavitation are key steps in early stage joint formation that have not been successfully developed in vitro. Further, current models of endochondral ossification, an important step in early bone formation, lack key morphology morphological structures such as microcavities found during development in vivo. This is possibly due to the lack of appropriate strategies for incorporating chemical and mechanical stimuli that are thought to be involved in joint development. We designed a bioreactor system and investigated the synergic effect of chemical stimuli (chondrogenesis-inducing [CIM] and hypertrophy-inducing medium [HIM]) and mechanical stimuli (flexion) on the growth of human mesenchymal stem cells (hMSCs) …

Fan Works And The Elusive Border Between Derivative And Transformative Uses, Aaron Schwabach

Faculty Scholarship

When Professor Schwabach began writing about fanfic and other fan works over a decade ago it was a niche topic, mostly of interest to fellow fans. It has since generated dozens of articles and a small but steadily increasing amount of litigation. In addition to several previous articles on the topic, Professor Schwabach has contributed a book (Fan Fiction and Copyright) and some book chapters to this ongoing discourse.

When this subject was new each article had to begin with a lengthy explanation of what fanfic is, why fictional characters are or are not protected by copyright, how parody and …

Lamellipodia-Mediated Osteoblast Haptotaxis Guided By Fibronectin Ligand Concentrations On A Multiplex Chip, Xiaotian Feng, Seoyoung Jeong, Melissa L. Carr, Radhika P. Atit, Samuel E. Senyo

Faculty Scholarship

Skull morphogenesis is a complex, dynamic process involving two different germ layers and progressing to the coordinated, directional growth of individual bones. The mechanisms underlying directional growth toward the apex are not completely understood. Here, a microfluidic chip-based approach is utilized to test whether calvarial osteoblast progenitors undergo haptotaxis on a gradient of Fibronectin1 (FN1) via lamellipodia. Mimicking the embryonic cranial mesenchyme's FN1 pattern, FN1 gradients is established in the chip using computer modeling and fluorescent labeling. Primary mouse calvarial osteoblast progenitors are plated in the chip along an array of segmented gradients of adsorbed FN1. The study performs single-cell …

Preferences For Attributes Of Oral Antipsychotic Treatments: Results From A Discrete-Choice Experiment In Respondents With Schizophrenia Or Bipolar I Disorder, Martha Sajatovic

Faculty Scholarship

Background: Antipsychotic medications are effective treatments for schizophrenia (SZ) and bipolar I disorder (BD-I), but when presented with different treatment options, there are tradeoffs that individuals make between clinical improvement and adverse effects. As new options become available, understanding the attributes of antipsychotic medications that are valued and the tradeoffs that individuals consider when choosing among them is important. Methods: A discrete-choice experiment (DCE) was administered online to elicit preferences across 5 attributes of oral antipsychotics: treatment efficacy (i.e., improvement in symptom severity), weight gain over 6 months, sexual dysfunction, sedation, and akathisia. Eligible respondents were aged 18–64 years with …

Adaptive Worlds: Generative Ai In Game Design And Future Of Gaming, And Interactive Media, Jay Ratican, James Hutson

Faculty Scholarship

Generative AI is revolutionizing the field of game design, introducing unprecedented adaptability and personalization in gameplay. The latest advancements in AI-driven engines enable real-time content creation, offering dynamic, player-driven experiences that diverge from traditional pre-programmed narratives. This shift marks a transition toward "choose your own adventure" formats, with an unlimited number of variations in levels, enemies, collectibles, and weaponry, tailored to each player's decisions. Google's GameNGen, for example, showcases AI's capacity to recreate classic games like DOOM, learning and generating gameplay in real time. These innovations are not restricted to gaming alone; they extend to edutainment, television, and film, where …

Satirical Deepfakes, Surreal Dreamscapes & Nostalgic Pixels: The Rapid Evolution And Cultural Commentary Of Ai-Aesthetics, Andrew Smith, James Hutson

Faculty Scholarship

The rapid evolution of visual aesthetics driven by AI, shared globally through the internet and social media, has dramatically accelerated what once took centuries to develop. This article explores the unique visual tropes emerging from AI-generated content, characterized by surreal, uncanny, and often unsettling imagery. Examples range from the Dor Brothers' stylized narrative videos to horrifying depictions of transformations, such as people morphing into motorcycles. The article contextualizes this aesthetic within historical developments in creative experimentation, drawing parallels with David Bowie's unconventional approach to sound creation in the 1970s. It also considers how AI-driven art, free from copyright constraints in …

Ai Satire And Digital Dystopia: The Dor Brothers Crafting Imperfection And Political Commentary In Contemporary Video Art, James Hutson, Andrew Smith

Faculty Scholarship

The Dor Brothers' AI-generated video content exemplifies an inflection point in digital creativity, where technological limitations are repurposed as aesthetic tools. Drawing on recent interviews with Yonatan Dor, this article explores the innovative techniques of the brothers, such as masking visual imperfections with retro filters and embracing the unpredictability of AI outputs. Through generating numerous clips and meticulously editing selections, they create a unique aesthetic that juxtaposes surrealism with a gritty realism, often reminiscent of early CCTV or VHS footage. Their work not only transcends the typical "morphing face" trope of AI videos but also engages in satire, using deepfake-like …

Technoculture And Language Models In Archaeology: Reconstructing And Preserving Cultural Narratives Through Digital Humanities, James Hutson

Faculty Scholarship

Technoculture, which examines the intersection of culture and technology, has increasingly permeated archaeological practice, transforming both scholarly research and public engagement [1-3]. The introduction of digital tools such as virtual reality (VR), geographic information systems (GIS), and large language models (LLMs) has democratized access to archaeological knowledge, enabling communities to engage more actively with their cultural heritage [4-6]. This short article explores the mutual influence of technocultural studies and AI technologies on archaeology, with a focus on the preservation and reconstruction of cultural narratives through digital means.

The first aspect of this intersection lies in how technocultural tools are creating …

Going "Beyond" Mere Transformation: Warhol And Reconciliation Of The Derivative Work Right And Fair Use, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship

The Supreme Court’s recent decision in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith is a watershed moment in the story of copyright jurisprudence. At its broadest, the decision articulates a unified vision — one that had been dormant in the lower court fair use jurisprudence — about the role of copyright and the manner in which to make sense of its effort to balance exclusivity with its myriad limitations. This Essay focuses on how the Court reconciled the working of the statute’s derivative work right with the breadth and reach of the “transformative use” version of the fair …

The Surprising Survival – So Far – Of The Corporate Contribution Ban, Richard Briffault

Faculty Scholarship

In Citizens United v. Federal Election Commission, the Supreme Court invalidated the longstanding ban on the expenditure of corporate funds in federal election campaigns. In so doing, the Court dismissed outright an argument that had long been the foundation for the restriction of corporate money in election campaigns — that, due to the “substantial aggregations of wealth amassed by the special advantages which go with the corporate form[,]” corporate money poses a distinct threat to the integrity of democracy. Instead, viewing corporations as essentially “associations of citizens,” Citizens United determined that “the First Amendment does not permit Congress to …