Digital Commons Network^™

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

Faculty Scholarship

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

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

Faculty Scholarship

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

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 …

Curative Identity Formation Themes To Counteract Law School’S Hidden Curriculum, Aric K. Short

Faculty Scholarship

Especially given the sensitive and malleable life stage that many of our students are in, law schools should take meaningful steps to blunt and counteract the negative effects of the hidden curriculum, including in ways suggested in other articles in this symposium. One direct way to present countervailing messaging is through a required 1L course on professional identity formation (PIF). As described in this article, there are a number of benefits of explicitly addressing PIF topics early in law school, and doing so not only more effectively prepares our students to become practicing attorneys, it also responds directly to some …

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 …

Ai For Good: Expanding Legal Services For Immigrants, Huyen Pham, Bryan Garcia

Faculty Scholarship

In this Essay, we explore the possibilities for putting AI technology in the hands of clients themselves, considering the advantages and disadvantages. Thinking about the specific context of immigration law, we could envision apps that help individuals to prepare for interviews for affirmative asylum, visas, or naturalization; to educate them about their rights in ways that are more specific, timely, and convenient than current know-your-rights formats; or, in a more attorney-adjacent interaction, using an app to conduct the initial intake interview and organize that information, making the usual time-consuming intake process more efficient and effective. We are not envisioning apps …

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 …

The Administrative State's Second Face, Emily R. Chertoff, Jessica Bulman-Pozen

Faculty Scholarship

We often assume that there is one administrative state, with one body of administrative law that governs it. In fact, the administrative state has two distinct faces: one turned toward regulation and benefits distribution, and one turned toward physical force and surveillance. The two faces are growing further apart under the Roberts Court, which has hemmed in the first face with decisions like Loper Bright while showing solicitude for national security and law enforcement agencies.

This Article delineates the two faces of the administrative state. It provides a descriptive account of the second face and the distinctive administrative law that …

Addressing Missingness In Serialized Bureaucratic Data: The Case Of Chinese Courts, Xiaohan Wu, Margaret Roberts, Rachel E. Stern, Benjamin L. Liebman, Amarnath Gupta, Luke Sanford

Faculty Scholarship

Courts around the world are putting their data online, making information about caseloads, parties, and decisions available to the public. Yet, this data is far from complete, and often only reflects a portion of courts’ dockets. We offer and validate a set of tools for leveraging serialized bureaucratic data from courts to estimate the proportion of cases available to the public and the time courts take to make decisions. Using data from more than 3,000 courts in China, our methods allow us to assess patterns of missingness in court data across provinces and cities by type of case and to …

The Past, Present, And Future Of Proxy Voting Choice, Dorothy S. Lund

Faculty Scholarship

This article provides an early attempt at understanding what voluntary pass-through voting could mean for the marketplace. I first provide an overview of my argument in my 2018 Journal of Corporation Law article and the events that followed. I then survey passthrough voting initiatives that have taken hold at three asset managers — BlackRock, Vanguard, and State Street. I then conclude with some preliminary observations about how voting choice is likely to affect the proxy voting landscape and outline open questions.

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 …

The Financial Sector And Global Dollar System, Gary Gensler, Lev Menand, Joshua Younger

Faculty Scholarship

The second Trump administration’s approach to financial markets and institutions mixes familiar deregulatory policies with a range of other policies (financial and non-financial) that are largely without precedent and may lead to significant structural change in the long term. Combined, these policies have the potential to affect the financial sector in at least four ways. First, they could threaten the foundations of the global dollar system – mutual cooperation, trust, and interdependency, both between the producers and consumers of financial instruments and among the nations that constitute the dollar bloc. Second, they may undermine financial stability by loosening prudential standards, …

(De)Funding Family Separations, Joshua Gupta-Kagan

Faculty Scholarship

Federal foster care funding exists in tension with foundational family law principles. The law protects family integrity: the state may only separate parents and children in extreme cases, and, when it does, the state must work to reunify families. Yet the federal funding system directs billions of federal dollars to support CPS agencies and pay subsidies to foster parents, adoptive parents, and guardians. It does so via an open-ended entitlement, so that the more families a state separates, the more federal funds it receives. This system makes it relatively cheaper for CPS agencies to take custody of children, incentivizes states …

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 …

How Domestic Institutions Shape The Global Tech War, Anu Bradford, Eileen Li, Matthew C. Waxman

Faculty Scholarship

The United States (U.S.), China, and the European Union (EU) are engaged in a national security-driven economic competition over advanced technology. Many scholars and commentators focus on the external dimension of this geopolitical contest; that is, they describe the strategic choices by each actor in terms of geopolitical realities, threat perceptions, and relative power. However, this Article brings to the fore the internal dimension of the global tech war. We argue that each player’s strategy in the tech war is a function of its internal features, including basic constitutional powers, domestic legal institutions, and the relationships between the government and …

After Notice And Choice: Reinvigorating “Unfairness” To Rein In Data Abuses, Lina M. Khan, Samuel A.A. Levine, Stephanie T. Nguyen

Faculty Scholarship

The Federal Trade Commission (FTC) has long served as America’s default privacy enforcer. Yet for much of its history, the agency relied on self-regulation through a “notice and choice” framework that left the public vulnerable in an era of rampant data collection and digital surveillance. Businesses overwhelmed users with dense privacy notices while amassing and exploiting vast troves of personal data. The agency’s historical approach, rooted in outdated assumptions about self-correcting markets and an ideologically cramped view of the FTC’s authorities and mandate, helped usher in a digital economy where data abuses became routine.

During the Biden Administration, the FTC …

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

Faculty Scholarship

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

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, …

The Changing Architecture Of Trust, Kathryn Judge

Faculty Scholarship

Trust has always been vital to the healthy functioning of financial markets and the stability of the financial institutions. The mix of public and private institutions that undergird this trust, however, can vary. Often these forces are ignored or taken for granted until something goes wrong. With a marked turn toward deregulation taking hold on both sides of the Atlantic, against a backdrop of central banks having played a very active role intervening to allay distress, it is a good time to revisit these fundamentals. This essay examines the importance of trust, how it is created, how it can be …

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 …

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 …

Current Standards And Future Directions Of Duchenne Muscular Dystrophy Respiratory Care: The Ppmd Italy Meeting Report, David J. Birnkrant, Jane Black

Faculty Scholarship

Objective: This report summarizes key discussions from the meeting “Current Standards and Future Directions of Respiratory Assessment and Management of Duchenne Muscular Dystrophy (DMD),” organized by Parent Project Muscular Dystrophy (PPMD) Italy and the United States to address current challenges and opportunities in DMD respiratory care. Methods: The meeting brought together researchers, clinicians, and patient advocates who shared experiences, discussed advancements in DMD respiratory management, and identified areas of debate that require further research. Results: The speakers emphasized routine assessment of pulmonary function and of breathing during sleep to achieve timely diagnosis of respiratory complications. Therapeutic discussions focused on airway …

Development And Feasibility Testing Of An Implementation Evaluation Tool: Recommendations From The Managing Epilepsy Well (Mew) Network Research Collaborative, Martha Sajatovic, Clara Adeniyi, Jessie Black

Faculty Scholarship

Aims: The Managing Epilepsy Well (MEW) Network has led the development, testing and scale-up of epilepsy self-management (ESM). The MEW Integrated Database (MEW DB) is a pooled repository of archival studies that facilitates aggregate analysis. This report describes an implementation evaluation tool for ESM adopters. Methods: Publicly available materials on program implementation, adoption and sustainability as well as readiness surveys used by the MEW Network were reviewed, as were content domains and format styles relevant to ESM implementation. Requirements for data Tiers included: 1) survey Tier should be short (≤6 items) and completed quickly (< 3 min), 2) question and response format should be consistent, 3) data elements are relevant to ESM adopters and 4) the tool should be applicable across ESM programs. Iterative review, discussion and item-ranking yielded a final set of 3 distinct data element Tiers. Results: Implementation data elements assess the characteristics of organization that may be a potential ESM adopter (Tier 1), organizational readiness to ESM implementation (Tier 2) and perceptions of ESM program effects or impact by adopters at the individual and program levels (Tier 3). There are 18 data elements, 6 elements in each Tier. Organizational characteristics reflect health disparities among people with epilepsy and common comorbidities. Implementation readiness barriers include motivational factors, training and resources. Implementation experience/outcomes include perceived ESM duration, credibility, impact, likability and effectiveness. Conclusions: A brief and practical implementation evaluation tool for ESM has potential value and important clinical and policy implications in advancing care for people with epilepsy.

Systematic Review On The Treatment Of Emotional Abuse Victimization In Women By An Intimate Partner, Günnur Karakurt, Rhea D’Silva, Çerağ Oğuztüzün, Ankita Choudhary, Keming Gao, Shari Bolen

Faculty Scholarship

Purpose: Emotional partner abuse, often closely intertwined with physical assault, involves persistent emotional mistreatment by an intimate partner. Despite its significance, research specifically focusing on emotional IPV is limited. This study systematically reviews the effectiveness of treatments for women victimized by emotional abuse from an intimate partner. Methods: Following the guidelines outlined in the Cochrane Handbook for Systematic Reviews of Interventions, we identified four relevant studies published between 2010 and 2019 with interventions designed for survivors of IPV. Results: The total sample size of 857 was included in the current study (I² = 95%). Our systematic review revealed two …