Digital Commons Network^™

Can Legal Knowledge Save Lives? A Randomized Experiment In Preventive Health Screenings, Christopher Robertson, Wendy Netter Epstein

Faculty Scholarship

While the U.S. healthcare system typically imposes significant out-of-pocket costs, the Affordable Care Act (ACA) requires full insurance coverage for certain preventive health services (PHS), including cancer screenings, without cost-sharing. Despite this policy, one in four eligible Americans remains unscreened for breast, colorectal, and cervical cancer, which increases their risk of premature death. We hypothesize that a lack of awareness about the ACA’s free care requirement contributes to this gap and that explicitly informing patients could increase screening uptake. Additionally, we investigate whether prior experiences with medical debt deter individuals from seeking even cost-free care, reflecting a spillover effect of …

Large Language Models In Qualitative Analysis: Comparing Traditional And Researcher-Interpreted Approaches, Raihan K. Khan

Faculty Scholarship

Qualitative data analysis, particularly thematic analysis, is a widely used method for uncovering patterns and insights in narrative data but often faces challenges such as being resource-intensive and susceptible to researcher bias. In recent years, Large Language Models (LLMs) have emerged as promising tools to assist human coders in conducting thematic analysis, offering efficiency and scalability in processing large datasets. However, existing work primarily relies on tools like ChatGPT, raising privacy concerns—especially when analyzing sensitive healthcare data—and lacks systematic validation through comparisons with human coders. This study aims to evaluate the potential of open-source LLMs for qualitative data analysis. Semi-structured …

Meeting The Challenge Of Civic Education In Hyperpolarized Times, Linda C. Mcclain

Faculty Scholarship

What role can civic education play in polarized times? That is the pressing question posed by Civic Education in Polarized Times, edited by Elizabeth Beaumont and Eric Beerbohm.1 As Beaumont’s introduction explains, “as political polarization has intensified across the world, civic education seems more urgent, but it has also become more challenging.” (P. 1.) The volume brings together an eminent group of education scholars, legal scholars, political theorists, and philosophers to consider challenging questions about how to carry out civic education “in a polarized era” and “for a polarized era.” (P. 2.)

Amicus Brief In Trump V. Barbara: An Originalist Defense Of Birthright Citizenship, Jed Handelsman Shugerman, Evan D. Bernick

Faculty Scholarship

For nearly all of the first 235 years under the Constitution, the citizenship of every child born in the United States to alien parents, with immaterial exceptions, was a given. Then, in 2025, the Trump administration changed course. Even though the Fourteenth Amendment makes no mention of limiting birthright citizenship to the children of domiciled parents, the Government now claims that is what “subject to the jurisdiction thereof” has always meant. While the Government and its amici admit that the common law recognized the citizenship of children of transient aliens, their remaining “survey of history range[s] from the constitutionally irrelevant” …

Beyond Subsidies And Mandates: Testing A Simple Behavioral Mechanism To Drive Health Insurance Coverage, Wendy Netter Epstein, Hansoo Ko, Christopher Robertson, Kevin Wilson, David Yokum

Faculty Scholarship

Uninsured individuals face reduced access to care, financial risk, and higher mortality. Although public programs and private subsidies have lowered uninsurance, these mechanisms remain incomplete and politically unstable. We evaluate whether a low-cost outreach intervention can increase health insurance enrollment without altering plan prices. Using a randomized field experiment involving 16,477 uninsured Maryland households, we assigned households to a no-contact control or to receive email and postcard outreach featuring affordability messaging alone or combined with responsibility or community framings. Outreach increased qualified health plan enrollment by 0.699 percentage points and total coverage by 0.967 percentage points relative to control. The …

Left Behind In Lockdown: A Scoping Review Of Covid-19’S Impact On The Lives Of Transition-Age Foster Youth, Johanna K P Greeson, Sarah Wasch, John Gyourko, Antonio R. Garcia, Hannah Bennett, Kate Greco, Liya Cha

Faculty Scholarship

This scoping review asked: What is known about the scope and nature of research on the COVID-19 pandemic and its effects on older youth with foster care experience in the United States, including the types of studies, samples and outcomes examined? Guided by the Joanna Briggs Institute framework and PRISMA-ScR, we searched 11 databases and grey literature sources (October2024 to January 2025). Eligible studies were United States based, published from 2020 onward and included primary data on foster youth or relevant professionals. Thirty-two studies met inclusion criteria. Most studies were descriptive or cross-sectional, reflecting early phases of the pandemic. Mapping …

Communicative Legitimacy: The Supreme Court's Hidden Cultural Binaries In The U.S. Civil Sphere, Steven Arrigg Koh

Faculty Scholarship

How does the U.S. Supreme Court establish its legitimacy? Over the last two hundred years in U.S. society, the Court has interpreted the U.S. Constitution on watershed issues such as slavery, segregation, and marriage equality. And yet the Constitution is just 7,591 words. A puzzle thus emerges: how does the Court intelligibly interpret this short text for U.S. society? This article develops a new theoretical and empirical cultural sociological account of such Supreme Court decision-making, which it calls “communicative legitimacy.” According to this theory, which draws on Jeffrey Alexander’s civil sphere theory, the Court consistently and inevitably draws on a …

Effects Of A Carbohydrate + Caffeine Beverage On Game Performance, Blood Glucose And Perceived Effort In Collegiate Women Soccer Players, Andrew Jagim, Abby Ambrosius, Makenna Carpenter, Joesi Krieger, Lochlan Charley, Jennifer Fields, Margaret T. Jones, Chad Kerksick

Faculty Scholarship

Carbohydrate availability and caffeine ingestion have been shown to elicit improvements in performance independently of one another. The purpose of the study was to examine the effect of a carbohydrate + caffeine beverage on performance and perceived effort in soccer players. Forty-three collegiate women’s soccer athletes were recruited to participate during a single day of simulated match play, in which each team played once. Athletes consumed either a carbohydrate + caffeine (Experimental) beverage or a control (Control) beverage (flavored water) during half-time in a double-blind, placebo-controlled, randomized control trial design. Prior to and after each game, Ratings of Perceived Exertion …

International Society Of Sports Nutrition Position Stand: Effects Of Dietary Antioxidants On Exercise And Sports Performance, Drew E. Gonzalez, Broderick L. Dickerson, Brandon M. Roberts, Jennifer A. Kurtz, Hunter S. Waldman, Adam M. Gonzalez, Matthew J. Mcallister, Jeffery L. Heileson, Richard J. Bloomer, Shawn M. Arent, Darren G. Candow, Jeffrey R. Stout, Karen A. Hecht, Bill Campbell, Chad Kerksick, Douglas Kalman, Jose Antonio, Richard B. Kreider

Faculty Scholarship

Following a comprehensive review, the International Society of Sports Nutrition (ISSN) has developed an official position on the role of dietary antioxidants in exercise and sport. Antioxidants play a complex, context-dependent role in vivo; they can facilitate recovery from exercise but may also hinder training adaptations when consumed at supraphysiological doses. While endogenous antioxidant systems can effectively maintain redox balance, dietary sources, particularly whole foods, can help mitigate excessive oxidative stress following intense/heavy training or inadequate recovery. The influence of dietary antioxidants depend on timing, dosage, type, and individual factors. The ISSN’s official position encompasses the following: (1) Redox balance …

Exploring Slow Librarianship As An Intervention To Support Library Workers With Adhd, Valerie Linsinbigler, Liana Bayne-Lin

Faculty Scholarship

While scholarly conversations about supporting library patrons who are neurodivergent have grown in the past years, conversations about library workers who are neurodivergent lag behind. As it becomes easier to encourage students to destigmatize their neurodivergence, share their experiences, and seek formal and informal accommodations in university spaces, when, and how, will it become easier for neurodivergent library workers to do the same?

Perhaps slow librarianship is one answer to this question. Following in the footsteps of Jocelyn Swick-Jemison (2023), this chapter is part autoethnography, in which two early-career librarians will share their perspective of learning how to be liaison …

The Poly Problem In Zoning: Redefining "Family" For A Changing Society, Aric K. Short, Tanya Pierce

Faculty Scholarship

Single-family zoning has long dictated not only where people may live but also with whom. Although extensively critiqued for perpetuating racial and economic exclusion, these laws also privilege relationships defined by blood, marriage, or adoption and marginalize nontraditional families. This Article focuses on a particularly overlooked group: polyamorous families who often face legal uncertainty, social exclusion, and housing discrimination due to restrictive zoning definitions of “family.”

As polyamory gains cultural visibility and increasing legal recognition—through West 49th Street, LLC v. O’Neill and municipal reforms in cities like Somerville and Cambridge—now is the time to examine zoningÊs role in reinforcing outdated …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Faculty Scholarship

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Transforming Blood Management Systems In Developing Countries Through Technological And Artificial Intelligence-Driven Innovations, Sandeep Bhargava, Shaun Aaron Abram, Srividhya Ragavan

Faculty Scholarship

It is critical to ensure the safe and quality supply of blood among various stakeholders; however, this remains a significant challenge in today’s world, especially in developing countries. These countries face severe problems, including blood shortages, fragmented regulatory frameworks, and inconsistent quality control measures. To tackle these challenges, countries like India are trying to implement the use of artificial intelligence (AI) and its derivative platforms to transform blood collection, testing, storage, and distribution by enabling interoperability, real-time compliance monitoring, automated donor screening, optimized inventory management, and advanced component separation. The article argues that developing countries must adopt both regulatory reform …

The Exactions Illusion: Sheetz’S Missing Dissent, Lee Anne Fennell, Timothy M. Mulvaney

Faculty Scholarship

In April 2024, the Supreme Court unanimously handed down Sheetz v. County of El Dorado, a land use exactions case billed as narrow, inevitable, constitutionally compelled, and obviously correct.  It was none of those things. Sheetz instead ushered in an open-ended shift of policy control over the built environment from state and local legislatures to courts. By its terms, the holding extended the Court’s stringent “exactions” test—which requires the government to prove nexus and proportionality between development conditions and development impacts—beyond its original context of parcel-specific administrative bargains to reach an unspecified set of legislated property conditions. Yet the decision’s …

Comparative Authoritarian Law, Madhav Khosla, Benjamin L. Liebman

Faculty Scholarship

In recent years, comparative constitutional lawyers have turned their attention to the study of democratic backsliding. However, such scholarship is yet to draw on the now extensive literature on traditional authoritarian systems. The bifurcation of regime type that has structured comparative legal research for decades — for comparative constitutional lawyers and for scholars of specific authoritarian regions — is now under strain. With the global rise of authoritarianism and the growing use of law by authoritarian states, the world is harder to neatly separate into two camps than it once might have been. This Article reflects on how we might …

Does Law Constitute Society?, Jeremy K. Kessler

Faculty Scholarship

The resistance of capitalist inequality to legal reform has led a growing number of scholars to reconsider the explanatory virtues of Marxist legal thought. But what are those virtues? Some scholars hold that what makes Marxist legal thought special is its ability to explain the development of legal relationships in terms of the development of extra-legal relationships — specifically, the relations of production as they adapt to changes in the productive forces. Other scholars argue that this focus on the causal process by which extra-legal change (or stasis) drives legal change (or stasis) is too reductive. They contend that Marxist …

Trump V. Cook And The American Rule Of For-Cause Removal, Jane Manners, Lev Menand

Faculty Scholarship

Halfway through oral argument in Trump v. Cook, Justice Amy Coney Barrett asked Solicitor General John Sauer when a statute authorizing an officer’s removal should be read to require process. “Why shouldn’t we do the same thing that the Shurtleff court did,” Barrett asked, “and say that, well, as we said in Shurtleff, when a statute specifies the grounds for removal, there must be notice and a hearing given?”

In response, Sauer distinguished between statutes authorizing removal for inefficiency, neglect of duty, or malfeasance in office (INM) — which he conceded require process — and statutes using the more …

Hybrid Server–Ai Architecture For Persistent Generative Game Worlds: Achieving Scalable, Consistent, And Low-Latency Interactive Environments, Jay Ratican, James Hutson

Faculty Scholarship

Generative artificial intelligence has demonstrated remarkable capabilities in real-time content creation for interactive entertainment, yet current implementations struggle with the persistence, consistency, and scalability demanded by modern multiplayer and long-form gaming environments. This paper presents a hybrid server–AI architecture that fuses the deterministic reliability of authoritative multiplayer server frameworks with the creative flexibility of state-aware generative systems. The proposed three-tier design consists of (1) a deterministic server backend leveraging technologies such as Unity Netcode for GameObjects, Unreal Engine 5’s dedicated servers, and Amazon GameLift to maintain authoritative and persistent world state; (2) a state-aware generative layer responsible for producing real-time …

Sounding The Alarm: The Role Of States In Monitoring The Federal Government, Christian G. Fritz

Faculty Scholarship

In December 2025, more than 40 bipartisan state legislative leaders from over 30 states, working through the National Conference of State Legislatures, issued a resolution titled “Federalism Restoration and State Empowerment.” The distinctive feature of American federalism has long been understood to be the distribution of powers between the national and state governments. This foundational element of our system of government—shared sovereignty—warrants revisiting by K-12 teachers and students. Although states may attempt to limit national power in ways such as withholding cooperation, exerting political pressure, and challenging federal authority through legal and institutional channels, this Digest focuses on the role …

Differential Validity In Fair Lending, Spencer Caro, Talia B. Gillis, Scott Nelson

Faculty Scholarship

Fair lending’s disparate impact doctrine aims to address lending disparities. But which disparities? Traditional fair lending has narrowly focused on equal outcomes — examining differences in loan approval rates or interest rates. However, this singular focus overlooks other dimensions of disparities that are essential for fair credit access. This article challenges the conventional emphasis on equal outcomes, demonstrating how it has failed to address deep-rooted inequalities in traditional credit allocation while also stifling innovation in machine-learning and alternative data. We argue that disparities in the validity of creditworthiness predictions — the accuracy with which a model identifies creditworthy applicants — …

Drug Scheduling As Institutional Design, Matthew B. Lawrence, David E. Pozen

Faculty Scholarship

Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access, and enabled an opioid crisis. To make better choices, this Article argues that the CSA’s institutional design must account for three distinctive features of psychoactive drugs: the prohibition problem (drug bans tend to backfire when demand is inelastic), the pharma problem (drug companies have supercharged incentives to manipulate markets and exploit consumers), and the pluralism problem (drug policy involves irreducibly political questions that no expert discipline can answer). On their own, each of these problems calls for reform to the CSA. Taken together, they call …

New York Environmental Legislation In 2025, Michael B. Gerrard

Faculty Scholarship

In 2025, New York State overhauled its State Superfund law and extended the State Superfund Program for ten years. The state also enacted laws restricting chemicals in menstrual products and firefighter personal protective equipment; expanding the extended producer responsibility program for batteries to include electric scooter and bike batteries; and protecting monarch butterflies and horseshoe crabs. These and other new and amended environmental and energy laws — as well as notable vetoes — are discussed in this article.

Amendments to two of New York’s most important laws may be up for consideration by the Legislature during the current session. Governor …

The Eunomics Of Intellectual Property, Shyamkrishna Balganesh

Faculty Scholarship

Originally developed by the legal theorist Lon L. Fuller, eunomics is the “study of good order and workable arrangements,” directed at understanding the structure, form, or ordering adopted by an area of law. Yet, unlike the ordinary analysis of institutional design, eunomics views the form adopted by an area of law as neither preordained nor wholly contingent. Instead, eunomics sees form as playing an important role in clarifying and developing the goals of an area through a means-ends interaction. This Article develops the central insights of Fuller’s eunomics project for intellectual property. Until now, most theoretical accounts of intellectual property …

Women In Nursing Leadership In Saudi Arabia: A Narrative Review In The Context Of Vision 2030, Amal Arishi, Ali Hudays, Joyce J. Fitzpatrick

Faculty Scholarship

Despite women comprising the majority of the nursing workforce in Saudi Arabia, they remain under-represented in leadership roles. This narrative review explores the barriers and facilitators to women's advancement in nursing leadership within the framework of Saudi Arabia's Vision 2030. Key challenges include cultural norms, gender bias, limited recognition, and lack of leadership training. Facilitators such as national mentorship programs, leadership academies, and public image reforms offer promise. The review underscores the need for targeted nvestments in education, structured leadership pathways, and adaptation of international models to empower Saudi female nurses and support inclusive health system transformation.

Originalism, Official History, And Perspectives Versus Methodologies, Keith N. Hylton

Faculty Scholarship

This paper addresses a well-worn topic: originalism, the theory that judges should interpret the U.S. Constitution in a manner consistent with the intent of its framers. I am interested in the real-world effects of originalism. The primary effect advanced by originalists is the tendency of the approach to constrain the discretion of judges. However, I identify another effect of originalism: the creation of official histories, a practice that imposes a hidden tax on society. Another question I consider is whether originalism should be considered a methodology of analyzing the law or a perspective on the law; I argue that originalism …

Priority Without Progress: The Fda's Neglected Tropical Disease Voucher Program After 18 Years, Maple Goh, Kevin Outterson, Aaron Kesselheim

Faculty Scholarship

Introduction: To incentivize drug and vaccine development for neglected tropical diseases (NTDs), US Congress created the Priority Review Voucher (PRV) program in 2007. Sponsors that obtain Food and Drug Administration (FDA) approval for an eligible product receive a voucher redeemable to accelerate review of another product.

Methods: We reviewed the program’s public health impact by examining all 14 vouchers awarded for NTD products between 2007 and 2024, including the timing of FDA approval relative to World Health Organization (WHO) Prequalification, Essential Medicines List inclusion, first use in endemic countries, and voucher disposition.

Results: Eight (57%) achieved WHO …

Private Equity, Public Utility, Kristen Van De Biezendos, Melissa Powers

Faculty Scholarship

The explosion of investment in artificial intelligence and cryptocurrencies has spurred a data center boom, with politicians jostling to attract companies to build data centers in their states. The potential financial windfall from these data centers has also attracted the attention of private equity firms, which are seeking to capitalize on the potential riches to be made in supplying these projects with electricity by buying regulated public electric utilities. These utilities are unusual in our capitalist system, in that they are subject to both state and federal regulation regarding their duties to serve the public and the amount they can …

Women In Law And The Draft, Thomas Helgerman, Benjamin David Pyle

Faculty Scholarship

Between 1964 and 1973, women’s representation in full-time law school programs rose fivefold, from 3.7% to 20.1%. This paper examines whether Vietnam War draft policy contributed to this increase. In 1968, men enrolled in law school lost eligibility for 2-S student deferments, threatening law schools’ tuition revenues and incentivizing schools to admit more women to stabilize enrollment. To test this mechanism, we construct a school-by-year dataset of enrollment counts split by women/men and full-time/part-time status. Using a uniform adoption difference-in-differences design, we find that women’s representation rises by 2 percentage points in full-time programs relative to part-time programs (which were …

The Spectrum Of Bipolar Disorder In Older Adults, Hui Xin Ng, Martha Sajatovic

Faculty Scholarship

The absolute number and relative proportion of individuals with older-age bipolar disorder (OABD) is expected to rise due to the global aging of the population, necessitating a greater understanding of the unique characteristics of OABD and the trajectory of aging with BD in order to improve the health span of people with BD. This review summarizes current knowledge on OABD, examining its clinical presentation, neurobiology, and treatment, as well as identifying key gaps and future directions for research. OABD is characterized by relatively greater cognitive impairment and somatic burden, despite potentially reduced mood symptom severity compared to younger-age bipolar disorder …

Microfluidic Capillary Transit Velocity As A Functional Measure For Sickle Cell Disease And In Vitro-Derived Red Blood Cells, Solomon Oshabaheebwa, Yuxuan Du, Christopher L. Wirth, Zoe Sekyonda, Zoe Sekyonda, Bryan L. Benson, Payam Fadaei, Yusang B. Ley, Michael A. Suster, Pedram Mohseni, Umut A. Gurkan

Faculty Scholarship

Emerging therapies in sickle cell disease (SCD) aim to restore healthy red blood cell (RBC) function, but they often yield heterogeneous cellular responses. There are no proven techniques to evaluate restored rheological functionality and heterogeneity in these RBCs. We present a biomimetic microcapillary network, high-speed imaging, and computational algorithms to analyze RBC capillary velocity profiles of the entire sample population at single-cell resolution. Using peripheral RBCs from SCD patients and healthy donors, we showed that RBC capillary transit velocity correlated with cell shape, hydrodynamic adaptability, and elongation index. Healthy RBCs exhibited a velocity distribution skewed toward higher values, whereas RBCs …