Digital Commons Network^™

The Pastor As Romantic Author: Ai, Preaching, And The Unacknowledged Inheritance Of Authenticity, Daniel Plate, James Hutson

Faculty Scholarship

This article interrogates contemporary reactions to sermons produced with generative technologies through a historical–conceptual lens, arguing that widespread judgments of such outputs as “soulless,” “generic,” or lacking a “beating heart” are best explained by an unacknowledged inheritance from nineteenth-century Romantic expressivism. Rather than treating resistance to machine authorship as a theological verdict on computational incapacity, the study reconstructs how Romanticism centered authorship in sincere self-expression and solitary genius, displacing earlier heraldic expectations that prized fidelity to a received message. Methodologically, the analysis combines intellectual history with discourse analysis of global Christian experiments in synthetic composition (2020–2025), denominational guidance, and media …

Drive-By Mediation And Other Opportunistic Distortions Of Process, Nancy A. Welsh

Faculty Scholarship

Many states in the United States, along with many nations, have implemented special benefits and privileges to encourage parties’ use of mediation to assist their communication, negotiation, and ultimate resolution of disputes. This is despite how loosely mediation is defined. This Article discusses how vague definitions, paired with special benefits and privileges, are incentivizing both the opportunistic distortion of mediation and the use of mediation for improper purposes. In Texas, for example, judges are extraordinarily limited in their ability to disapprove parents’ mediated child custody agreements—even if there is reason to worry that an agreement is contrary to the best …

The Gamification Of Banking, Colleen Baker, Christopher K. Odinet

Faculty Scholarship

Gamification is coming to banking. This phenomenon is already gain-ing ground in advertising, healthcare, manufacturing, and, more recently, with the GameStop and AMC meme stock saga in securities trading. The idea behind gamification is to make transactions seem fun, playful, and even casino-like in order to elicit habit-forming, addictive-like effects with consumers. This Article argues that the rise of financial technology (“fintech”) firms and their ever-growing business relationships with incumbent financial institutions has created the necessary conditions for gamification to take hold in the banking sector. In order to explore this observation, we undertake a study of current examples of …

Judicial Enforcement Of Evidence Law, G. Alexander Nunn

Faculty Scholarship

The truth matters. At least it should. In the courtroom, truth can serve as the cornerstone of justice, liberating the innocent, vindicating victims, and holding the guilty to account. Indeed, truth is such a normative imperative that an entire legal discipline now focuses on fostering its discovery at trial—evidence law. By regulating both the reliability of proof and the rationality of cognitive inferences, evidence law seeks to help factfinders discern truth and reach an accurate verdict. And given the importance of that role, one might naturally assume that the strict enforcement of evidence law would be a legal mandate of …

The Sec Proposed Cybersecurity Infrastructure Rules And New Disclosure Requirements, Neal F. Newman, Lawrence J. Trautman, Brian Elzweig

Faculty Scholarship

In addition to regulation of securities market issuers, the Securities & Exchange Commission (SEC) is also responsible for regulation of those entities that provide the networks, either electronic or physical, that enable the functioning of our securities markets. On February 9, 2022, the Commission published a Release for Cybersecurity Risk Management for Investment Advisers, Registered Investment Companies, and Business Development Companies containing proposals that, if adopted, would establish a new cybersecurity incident reporting and disclosure regime and require registered investment advisers (“advisers”) and investment companies (“funds”) to implement policies and procedures designed to address cyber risks. The comment period for …

Traditional And Computational Canons, Eric H. Martinez

Faculty Scholarship

As part of the rise of modern textualism, dictionaries and linguistic canons have become a ubiquitous part of legal interpretation. One longstanding question is whether judges citing these tools sincerely attempt to follow the meaning of a text, or if their invocation is merely window-dressing for a preferred outcome. The practical significance of this question extends across all major doctrinal areas, and with the Supreme Court’s overturning of Chevron deference, its importance is only to grow, as courts are now instructed to use every tool at their disposal to resolve ambiguity when interpreting a law. This Article is the first …

The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne Barnes

Faculty Scholarship

The survey that follows highlights the most important developments of 2024 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions. Along with the usual descriptions of interesting judicial decisions highlighted in the survey, there has also been legislative progress. The 2022 Amendments to the Uniform Commercial Code ("U.C.C.") (the "2022 Amendments")' have been adopted in thirty-one states plus the District of Colombia and introduced in six states.

Out From The Shadows: Party Documents In Chinese Courts, Benjamin L. Liebman, Eva Gao, Xiaohan Wu, Rachel E. Stern, Margaret Roberts

Faculty Scholarship

The Communist Party’s influence over the Chinese legal system is generally assumed to be behind the scenes, largely invisible to outside observers. Since General Secretary Xi Jinping came to power in 2012, there has been renewed attention within and outside of China to the relationship between the Communist Party and the legal system. Much of this recent writing has emphasized the degree to which Xi’s efforts to affirm Party superiority and break down barriers between the Party and the State reflects a profound shift in governance and a reversal of a decades-long effort to distinguish between Party roles and those …

Redefining Law In China, Zeming Liu, Benjamin L. Liebman

Faculty Scholarship

Although there is a growing body of literature on the role of law under authoritarian regimes, scholars have paid little attention to authoritarian legal ideology or conceptions of legality in contemporary authoritarian states. This Article presents the first in-depth study of the Chinese Communist Party’s recent novel attempt to introduce and implement an official legal ideology under the banner of “Xi Jinping’s Thought on the Rule of Law,” one which aims both to create a definitive theory of law and to offer a guide to China’s legal development. We examine four principal components of this legal ideology: the theoretical definition …

The Trump Administration Reverses U.S. Position On Unrwa Immunities, Lori Fisler Damrosch

Faculty Scholarship

On April 24, 2025, the U.S. Department of Justice submitted a letter in a civil lawsuit that maintains for the first time that the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is not immune from U.S. civil litigation. The letter reverses the position taken by the previous administration in the same lawsuitFootnote 2 and alters nearly eight decades of U.S. practice concerning the immunities of UN entities that are considered subsidiary organs of UN principal organs and thus part of the United Nations itself. Heretofore, the government stated that such organs are entitled …

Criminal Court's Disability, Zohra Ahmed

Faculty Scholarship

Do criminal courts meaningfully accommodate psychiatric disability? A review of competency proceedings across the United States suggests not. In competency to stand trial proceedings, criminal court actors offer a narrow vision of psychiatric disability that excludes many defendants. Ultimately, the institutional context of criminal court undermines even the meagre accommodations that the competency framework provides.

Competency proceedings are the constitutional accommodations available to disabled defendants if they can establish that they are unable to consult with their lawyers or if they do not have a rational or factual understanding of the proceedings against them. After a finding of incompetency, the …

Benchmarking Age-Gates, Katharine B. Silbaugh

Faculty Scholarship

This article examines how legal actors—particularly legislators, judges, and attorneys—invoke chronological age to justify the application of legal rules to adolescents. In doing so, they often rely on comparisons to existing “age-gates,” treating these thresholds (such as ages 18 or 21) as self-justifying reference points. Age 18, marking the legal transition from childhood to adulthood, and age 21, the former age of majority and current sales age for certain controlled substances, serve as especially powerful rhetorical anchors in age-based legal reasoning. These anchor points shape how legal actors advocate for or against particular age thresholds, often substituting analogy for substantive …

De Minimis Copying: An Empirical Study, Jessica Silbey, Samantha Zyontz

Faculty Scholarship

In the internet age, the copyright de minimis defense has increased in relevance as copyright lawsuits (and IP generally) are more mainstream and infringement liability more widespread. This Article is the first empirical analysis of copyright de minimis defense cases, collecting and analyzing all such decisions since the mid-19th century. It traces the doctrine’s development over the past century and its evolution in the digital era, when copying has become even more ubiquitous but its triviality remains widely disputed. The Article’s aim is not only to map the de minimis defense to learn more about it doctrinally—asking when is copying …

Reasoning From Injustice, Robert L. Tsai

Faculty Scholarship

In a series of lectures at Yale Law School, the Harvard political theorist Judith Shklar critiqued leading models of justice as overly abstract and lacking a realistic account of the social dynamics that perpetuate injustice. In this essay, Professor Tsai builds on Shklar’s account of injustice as a social phenomenon by offering a structural reading of key literary texts that explore the nature of legal injustice—from the Book of Job to Harriett Beecher Stowe’s Uncle Tom’s Cabin and Frederick Douglass’s The Heroic Slave. A close reading of these texts permits us to flesh out Shklar’s observations and “give injustice …

Enhanced Prediction Of Condensation Pressure Drop In Mini And Microchannels Using Physics-Assisted Machine Learning, Farshad Barghi Golezani, Jiayuan Li, Forouzan Naderi, Alexander Meylikhov, Logan M. Pirnstill, Issam Mudawar, Chirag R. Kharangate

Faculty Scholarship

Reliable prediction of frictional pressure drop during condensation in mini‑ and microchannels underpins both thermal management effectiveness and overall heat transfer performance in compact two‑phase heat exchangers, cold‑plates, and on‑chip cooling loops. Excess pressure loss burdens pumps, raises electrical consumption, and can destabilize flow, whereas under‑prediction risks temperature overshoot and premature dryout. Conventional empirical correlations and flexible machine-learning models can lose accuracy once channel size, working fluid, or operating conditions stray beyond their testing range. This study uses a physics‑assisted machine‑learning framework that overlays an XGBoost residual learner on the Kim–Mudawar separated‑flow correlation to achieve high fidelity and robustness in …

Report Of The National Expert For The United States In Mapping Third Party Litigation Funding In The European Union, Maya Steinitz

Faculty Scholarship

Commercial third-party litigation funding (“TPLF”) is not centrally regulated in the United States.  It is subject to the overlapping jurisdiction of state and federal courts, state and federal legislatures, regulatory agencies, and bar associations. Legislation, regulation, and oversight of TPLF is being undertaken at each of those levels – much of it centered around the questions of when and whether TPLF should be disclosed; how to mitigate conflicts of interest created by TPLF (including the potential for claimants to lose control over their case to funders); and the identification of any foreign individuals, entities, or countries that may be providing …

Cognition, White Matter Hyperintensities And Suicide Risk In Late-Life Depression Patients: An Exploratory Study, Martha Sajatovic

Faculty Scholarship

Objective: Suicide among older adults represents a major public health concern and is closely associated with late-life depression (LLD). White matter hyperintensities (WMHs), frequently observed in the aging population, have been linked to both LLD and cognitive impairment. However, the role of WMH burden and cognitive dysfunction in older adults with LLD who have recently attempted suicide remains unclear. This study aims to investigate differences in WMH burden and cognitive performance across three groups: LLD patients with a recent suicide attempt (recent suicide attempt group, RSA), non-suicidal LLD patients (non-suicidal group, NS), and healthy older adults (healthy comparison group, HC). …

Toward A Unified Neuroaesthetic Framework For Art-Based Interventions In Substance Use Recovery - A Review, Piper Hutson, James Hutson

Faculty Scholarship

Art-based interventions have gained increasing recognition as complementary strategies for substance use disorder (SUD) recovery and prevention, yet the field remains fragmented across clinical art therapy, community-based programs, and expressive digital practices. This article advances a unified neuroaesthetic framework that integrates sensory regulation, narrative integration, and interpersonal synchronization as the core mechanisms of healing. Drawing on recent U.S.-based empirical studies (post-2020), the paper synthesizes evidence from multiple modalities, including visual arts, music therapy, dance/movement practices, and digital storytelling, each demonstrating measurable effects on craving reduction, stress regulation, identity reconstruction, and social connection. Neuroscientific insights are central: findings highlight how creative …

Gaming As Therapeutic Modality For Military Veterans: Evidence, Mechanisms, And Program Design, Piper Hutson, James Hutson

Faculty Scholarship

This study synthesizes interdisciplinary evidence on game-based interventions for military veterans, mapping neurological mechanisms to clinically relevant outcomes while outlining design principles for community programs that leverage interactive media. The review characterizes how structured gameplay supports emotional regulation through attentional control, predictable feedback schedules, and reward-mediated learning that elevates motivation and mood; links to dopaminergic signaling and reduced rumination suggest plausible pathways for affective stabilization. Executive functions receive targeted engagement via strategy, puzzle, and action mechanics that demand working memory, cognitive flexibility, inhibition, and rapid decision-making, providing ecologically valid practice with measurable transfer to daily functioning. Social architectures in multiplayer …

Premenopausal Transition In Neurodivergent Women With Musculoskeletal Syndromes: Mechanisms, Risks, And Neuroinclusive Therapeutics, Piper Hutson, James Hutson

Faculty Scholarship

Neurodivergent women with chronic musculoskeletal syndromes experience disproportionate premenopausal symptom burdens that are poorly characterized in extant clinical paradigms and practice. The compounded interplay of estrogen fluctuations in premenopause with sensory–executive differences and baseline nociception from joint or connective-tissue pathology yields intensified pain, mood dysregulation, and functional decline. Evidence indicates estrogen modulates nociception, neuroinflammation, bone remodeling, and monoaminergic signaling; premenopausal variability magnifies pain, affective lability, and cognitive drift—effects accentuated in autism and ADHD. Coexisting hypermobility, fibromyalgia, or connective-tissue disorders compromise joint integrity and proprioception, increasing susceptibility to estrogen-dependent changes in bone microarchitecture and tendon homeostasis. This article advances an integrative …

Joinder, Not Jurisdiction: Toward A New Theory Of Standing, Adam N. Steinman

Faculty Scholarship

This Article builds on an important development in the Supreme Court’s standing jurisprudence to propose a novel theory that would allow more meaningful access to federal courts while vindicating legitimate separation-of-powers concerns. In its recent decision in TransUnion LLC v. Ramirez, the Supreme Court endorsed a theory of standing based on Article II, writing that litigation between private parties—even when explicitly authorized by Congress—can run afoul of the executive branch’s interest in “how to prioritize and how aggressively to pursue legal actions against defendants who violate the law.” This Article II move has been justifiably criticized. But it is …

Most-Favored-Nation's False Promises, George A. Bermann

Faculty Scholarship

Most-favoured-nation (MFN) protection seems decidedly straightforward both in meaning and operation, certainly as compared to other investment protections, such as fair and equitable treatment, which are plagued with indeterminacy. But the clarity of meaning and ease of application of MFN clauses are largely illusory. An examination of arbitral case law reveals seriously underestimated uncertainties surrounding the doctrine’s scope and workings. But the problems with MFN run far deeper. MFN may have the virtue of enhancing the level of protection of foreign investments. But States do not only extend benefits; they also withhold them. MFN disrespects the balance that States sought …

Bank Supervision And Article Ii, Kathryn Judge

Faculty Scholarship

The administrative state is again at a cross roads. The Supreme Court seems poised to continue its march toward trying to fit all of government neatly into one of the three constitutionally enumerated branches. An important front of this shift has been a flattening of the mechanisms through which officers of the United States may be held appropriately accountable for their actions. Waning are the days when Congress had the flexibility to create the institutions it believed were “necessary and proper” for carrying into execution important policy aims and to determine the appropriate mechanisms for accountability in conjunction with considering …

Stakeholder Views On Lessons Learned For The Antimicrobial Resistance Panel From Previous International Science Panels [Version 1], Iruka N. Okeke, Ayodele A. Akinyele, Javier Guzman, Kevin Outterson

Faculty Scholarship

The United Nations General Assembly called in September 2024 for the establishment of an independent panel for actionable evidence against antimicrobial resistance (IPEA). The task of designing the panel was given to the Quadripartite Joint Secretariat (QJS) on Antimicrobial Resistance (AMR) with a delivery timeline of 15 months. To promote stakeholder thought and input around what this panel should look like and how it should work, which could feed into the QJS’s consultation process, we independently commissioned seven papers to examine lessons that could be learned from other high-level scientific panels. We then called a convening of stakeholders that were …

Amicus In Trump V. Cook: The Fed, Offices As Property, And The Meaning Of “Cause”, Jed Handelsman Shugerman

Faculty Scholarship

The Federal Reserve Act states that “each member shall hold office for a term of fourteen years from the expiration of the term of his predecessor, unless sooner removed for cause by the President.” 12 U.S.C. § 242. Based on the historical record, when Congress creates an office with a fixed term of years and protects against removal without “cause,” Congress has both granted “a constitutionally protected property interest” under the Fifth Amendment (that cannot be taken away without “due process”) and extended a statutory entitlement to receive fair notice and a meaningful opportunity to respond before any removal may …

Organizing For Abolition In Ice Custody, Sarah R. Sherman-Stokes

Faculty Scholarship

The final Immigration and Customs Enforcement (“ICE”) detainees were released from the Irwin County Detention Center in early September 2021.² A court did not order the end of ICE detention at Irwin. A social movement, led by people detained at Irwin, had a pronounced impact on the epistemological landscape and changed both normative principles and public opinion.³ Those detained at Irwin organized and acted to create new understanding of law and protect their rights in ways that courts and legislatures could not. This Essay tells the story of that demosprudential project; a dialectic between legal elites and people …

Molecular Mechanisms Of Iron Metabolism And Overload, Aditi Tayal, Jasmeen Kaur, Robert W. Maitta

Faculty Scholarship

Iron represents an essential element required for normal physiologic processes throughout organ systems. A vast network of transporters is involved not only in uptake of this element but in processing, oxidation, and recycling to maintain it in a tight balance to avoid excess storage. This complex network of transporters, including heme and ferroportin, among many others, are responsible for facilitating inter-organ tissue iron exchange and availability, contributing to overall heme homeostasis. However, exposure to high levels of iron can overwhelm compensatory mechanisms that result in its accumulation and toxicity. This is the case of patients with genetic diseases such as …

Integrating Neuroaesthetic Design Into Brain-On-Chip Research: Toward Enhanced Neural Engagement And Cognitive Accessibility, Piper Hutson, James Hutson

Faculty Scholarship

This study examines the potential for neuroaesthetic design and adaptive neurofeedback principles to enhance brain-on-chip (BoC) research, with an emphasis on optimizing neural engagement and cognitive accessibility for diverse populations. Existing BoC platforms have transformed neuroscience through high-fidelity modeling of neural circuits, yet cognitive accessibility and sensory inclusion remain comparatively underexplored. Drawing upon recent studies in neuroinclusion, multisensory interface design, and adaptive feedback, this work synthesizes findings from biophilic interface architecture, neurofeedback literature, and embodied cognition frameworks. The manuscript outlines a multidisciplinary research agenda that prioritizes sensory diversity and ethical considerations in the evolution of BoC systems. Instead of making …

Cultivating Identity, Workforce Readiness, And Heutagogical Lifelong Learning: The Case For Student-Trained Ai Agents In Postsecondary Education, James Hutson

Faculty Scholarship

The accelerated integration of human-centered artificial intelligence and human-computer intelligent interaction (HCII) into postsecondary education has inaugurated a paradigm shift in how learners develop cognitive, socio emotional, and professional competencies. This article argues that requiring students to iteratively build and refine custom AI agents—digital “clones” or GPTs trained on their evolving beliefs, knowledge, values, and interests addresses three pressing challenges facing contemporary higher education. First, the process of self-modeling via agent training compels deep self-reflection, fostering socio-economic development and identity formation during the critical neurodevelopmental period that extends into the mid-twenties. Second, as industry trends increasingly prioritize the creation of …

Integrating Art Therapy And Emerging Technologies For Enhanced Neuroplasticity And Ptsd Intervention, Piper Hutson, James Hutson

Faculty Scholarship

Post-traumatic stress disorder (PTSD) remains resistant to many conventional treatments, underscoring the need for integrative approaches that harness neuroplasticity. Art therapy, with its capacity to facilitate nonverbal trauma processing and multisensory engagement, has shown distinctive advantages over verbal and pharmacological interventions. Recent innovations, including virtual reality (VR), artificial intelligence (AI), and biofeedback have amplified the therapeutic efficacy of art-based interventions by enabling adaptive, real-time modulation of emotional and physiological states. This review synthesizes current research on technologically enhanced art therapy, comparing it to established treatments such as cognitive behavioral therapy (CBT) and eye movement desensitization and reprocessing (EMDR). Findings indicate …