Digital Commons Network^™

Regionalism And The Federal Reserve Banks, Kathryn Judge, Lev Menand

Faculty Scholarship

Regionalism is central to our country’s central banking system. Rather than rely on a single organization to set monetary policy and oversee banks, Congress created a multiplicity of bodies including twelve Federal Reserve Banks (FRBs), each designed to operate in a different part of the country. These FRBs are an early and undertheorized example of how the federal government uses regional bodies to formulate and administer federal policy. When they were first authorized in 1913, their regional character assuaged concerns about centralizing power over the economy. Today, the FRBs continue to play a number of important roles, helping to shape …

Climate Change Litigation In New York, Michael B. Gerrard

Faculty Scholarship

Numerous lawsuits have been brought in the federal and state courts in New York concerning climate change. Some were under two important state statutes on the subject – the Climate Leadership and Community Protection Act of 2019 (CLCPA)and New York Climate Superfund Act of 2024. Others are brought under various common law, consumer protection, securities, and other theories. This column describes the most important of these cases.

Existential Threats And Deterrence: Japan’S Legal Pathway To Enhanced Collective Security In Asia, Nobuhisa Ishizuka

Faculty Scholarship

With the Japanese Cabinet’s decision in December 2022 to comprehensively upgrade Japan’s security posture, and its rapid build-up of its defense capabilities, Japan’s role in Asia’s security architecture has been undergoing a fundamental shift. This article places Japan’s 2015 Peace and Security Legislation in the context of the U.N. collective security system and argues that its most significant achievement has been to expand Japan’s power to engage more proactively in the Asian collective security order. To date, commentators have focused on the legislation’s role in expanding the Japanese constitution’s limitations on the use of force to permit collective self-defense. This …

Optimal Real-Time Review Standards: Implications For Law Enforcement And Competitive Games, Murat C. Mungan

Faculty Scholarship

Real-time review systems are frequently used in various sports to monitor the decisions of referees and correct their mistakes. Interventions through these systems cause delays in games, which are perceived as being costly. This makes it optimal for these review systems to interfere with the decisions of the referee less frequently than would minimize the costs of decision errors, which I formalize through an analysis of the VAR system in football. This analysis also reveals that optimal review standards ought to be laxer when an important event (e.g., a goal) occurs between the position in which the potential error took …

Shadow Banking And Securities Law, Gabriel Rauterberg, Jeffery Y. Zhang

Faculty Scholarship

Shadow banking may be the single greatest challenge facing financial regulation. Financial institutions that function like banks, but fall outside the scope of banking regulation — aptly termed “shadow banks” — were at the heart of the Global Financial Crisis and most episodes of serious financial stress since then. Scholars have largely focused on one response to this problem: extending traditional banking regulation to shadow banks. Yet more than fifteen years after the crisis, major regulatory efforts along this route have stalled.

In this Article, we explore the uneasy case for greater regulation of shadow banking through a different route …

Public Funds, Public Functions, Private Actors: The Cognitive Dissonance Of Us Health Law, William M. Sage

Faculty Scholarship

This chapter begins with the evolution of American medicine from a “sovereign” self-regulating profession focused on direct patient service to a large industry that serves the social sector but that, because of its professional heritage, receives extensive public subsidies without equivalent public accountability. Next, the chapter identifies regulatory dynamics in American health care governance that structurally discourage movement from the prevailing, if dissonant, private law framework to one explicitly grounded in public law. The chapter concludes by highlighting the challenges and opportunities inherent in a private law approach to what is intuitively a public law domain.

Performing Protest, Performing Memory: Speech Act Theory And January 6, Mary Lynne Gasaway Hill

Faculty Scholarship

In daily life, memory performs a staggering array of tasks. It offers reassurance, validation, legitimation, and approval. It transgresses boundaries and polices them. It confirms understandings and undermines them. It warms our hearts and chills our blood. In the realm of protest, as this article will show, memory works through intentional language use. In the context of activism, acts of memory are often performative: they aim not just to restate the status quo, but to change something about it. This chapter operationalises J.L. Austin’s Speech Act Theory (1994, SAT) as a lens through which to examine how the contentious discourse …

Super-Resolution Imaging Reveals Resistance To Mass Transfer In Functionalized Stationary Phases, Ricardo Monge Neria, Muhammad Zeeshan, Aman Kapoor, Tae Kyong John Kim, Nichole Hoven, Jeffrey Pigott, Burcu Gurkan, Christine Duval, Lydia Kisley

Faculty Scholarship

Chemical separations are costly in terms of energy, time, and money. Separation methods are optimized with inefficient trial-and-error approaches that lack insight into the molecular dynamics that lead to the success or failure of a separation and, hence, ways to improve the process. We perform super-resolution imaging of fluorescent analytes in five different commercial liquid chromatography materials. Unexpectedly, we observe that chemical functionalization can block more than 50% of the material’s porous interior, rendering it inaccessible to small-molecule analytes. Only in situ imaging unveils the inaccessibility when compared to the industry-accepted ex situ characterization methods. Selectively removing some of the …

Super-Resolution Imaging Reveals Resistance To Mass Transfer In Functionalized Stationary Phases, Ricardo Monge Neria, Muhammad Zeeshan, Aman Kapoor, Tae Kyong John Kim, Nichole Hoven, Jeffrey S. Pigott, Burcu Gurkan, Christine E. Duval, Lydia Kisley

Faculty Scholarship

Chemical separations are costly in terms of energy, time, and money. Separation methods are optimized with inefficient trial-and-error approaches that lack insight into the molecular dynamics that lead to the success or failure of a separation and, hence, ways to improve the process. We perform super-resolution imaging of fluorescent analytes in five different commercial liquid chromatography materials. Unexpectedly, we observe that chemical functionalization can block more than 50% of the material’s porous interior, rendering it inaccessible to small-molecule analytes. Only in situ imaging unveils the inaccessibility when compared to the industry-accepted ex situ characterization methods. Selectively removing some of the …

Thrombocytopenia In Sepsis, Alireza Setarehaseman, Robert W. Maitta

Faculty Scholarship

Platelets, traditionally known for their role in hemostasis, have emerged as key players in immune response and inflammation. Sepsis, a life-threatening condition characterized by systemic inflammation, often presents with thrombocytopenia, which at times, can be significant. Platelets contribute to the inflammatory response by interacting with leukocytes, endothelial cells, and the innate immune system. However, excessive platelet activation and consumption can lead to thrombocytopenia and exacerbate the severity of sepsis. Understanding the multifaceted roles of platelets in sepsis is crucial for developing effective therapeutic strategies. Targeting platelet-mediated inflammatory responses and promoting platelet production may offer potential avenues for improving outcomes in …

Applicable And Generalizable Machine Learning For Intelligent Welding In Automotive Manufacturing, Peng Edward Wang, Xijia Zhao

Faculty Scholarship

This review paper examines the application and challenges of machine learning (ML) in intelligent welding processes within the automotive industry, focusing on resistance spot welding (RSW) and laser welding. RSW is predominant in body-in-white assembly, while laser welding is critical for electric vehicle battery packs due to its precision and compatibility with dissimilar materials. The paper categorizes ML applications into three key areas: sensing, in-process decision-making, and post-process optimization. It reviews supervised learning models for defect detection and weld quality prediction, unsupervised learning for feature extraction and data clustering, and emerging generalizable ML approaches like transfer learning and federated learning …

Can Chatgpt Implement Finite Element Models For Geotechnical Engineering Applications?, Hyoung Suk Suh

Faculty Scholarship

This study assesses the capability of ChatGPT to generate finite element code for geotechnical engineering applications from a set of prompts. We tested three different initial boundary value problems using a hydro-mechanically coupled formulation for unsaturated soils, including the dissipation of excess pore water pressure through fluid mass diffusion in one-dimensional space, time-dependent differential settlement of a strip footing, and gravity-driven seepage. For each case, initial prompting involved providing ChatGPT with necessary information for finite element implementation, such as balance and constitutive equations, problem geometry, initial and boundary conditions, material properties, and spatiotemporal discretization and solution strategies. Any errors and …

International Society Of Sports Nutrition Position Stand: Nutrition And Weight Cut Strategies For Mixed Martial Arts And Other Combat Sports, Anthony A. Ricci, Cassandra Evans, Charles Stull, Corey A. Peacock, Duncan N. French, Jeffrey R. Stout, David H. Fukuda, Paul La Bounty, Douglas Kalman, Andrew J. Galpin, Jaime Tartar, Sarah Johnson, Richard B. Kreider, Chad Kerksick, Bill I. Campbell, Aaron Jeffery, Chris Algieri, Jose Antonio

Faculty Scholarship

Following an extensive literature review, the International Society of Sports Nutrition (ISSN) has developed an official position on nutritional and weight cut strategies for combat sports. The type of combat sport, length of the fight camp, and time between weigh-in and competition are factors influencing nutritional and weight cut strategies. The following 16points constitute the Position Statement of the Society; the Research Committee has approved them. 1. Combat sports have differing weight categories, official weigh-in times, and competition frequencies, influencing the nutritional and weight cut strategies for training and competition. 2. As the duration of a combat match increases, >4 …

Is Cardiomyopathy Intrinsic To Marfan Syndrome?, Carolyn M. Wilhelm, James Strainic, Timothy J. Mead

Faculty Scholarship

No abstract provided.

Decriminalization Matters: Lgbtq Transnational Litigation Networks And Movement Lawyering In The Global South, Ayodeji Kamau Perrin

Faculty Scholarship

In the last decade, a distinct sociolegal phenomenon has been sweeping across the Global South—the judicial decriminalization of same-sex sexual conduct. On the other hand, progress on LGBTQ rights has occurred in parallel to transnational countermobilization and backlash against LGBTQ rights. Yet, neither the phenomenon of judicial decriminalization nor the countermobilization and backlash to decriminalization has attracted the attention that these phenomena deserve from doctrinal legal scholars, comparative and international law scholars, or legal mobilization scholars.

In this paper, I help to remedy this oversight by making three contributions to legal mobilization scholarship and to international law and relations scholarship. …

The Common Law Of Constitutional Conventions, David E. Pozen

Faculty Scholarship

Professor Jill Lepore’s Jorde Symposium lecture paints a rich portrait of state constitutional conventions as engines of democratization during the 1800s and issues a dire warning about the United States’ ongoing amendment drought. Citing their unfamiliarity, however, Lepore declines to consider federal constitutional conventions as a possible corrective. In this response Essay, I argue: first, that Lepore’s marginalization of Article V’s convention mechanism is in tension with her own historical and normative account; second, that while Lepore’s wariness of conventions is entirely understandable given the state of our politics — and entirely commonplace among progressives — it carries significant risks …

Black English For Lawyers: A Primer, L. Alexander Walker Iii

Faculty Scholarship

Lawyers do not know as much about Black English as they should, and people’s freedom hangs in the balance. Differences between language varieties in sounds and grammar can change and have changed the outcome of cases: “He at work” and “He be at work” mean two completely different things. To reduce misinterpretation and therefore wrongful outcomes, this Article provides a primer on the sounds, words, grammar, and social context of Black English targeted directly at legal practitioners. It begins by explaining key concepts in linguistics and making the case for why lawyers must foreground accurate description over normative prescription when …

The Other Secret Deals: Uncovering The Power Of Non-Binding International Agreements, Guillermo J. Garcia Sanchez

Faculty Scholarship

In recent decades, the use of traditional international treaties has declined as states increasingly rely on deformalized agreements - non binding arrangements - such as interinstitutional agreements and memoranda of understanding. These agreements allow governments to bypass the complexities of formal treaty-making while addressing shared challenges. This Article, based on four years of research and previously undisclosed agreements, examines a twenty-year database of non-binding agreements between the United States and Mexico. Through this case study, the Article demonstrates how deformalized agreements drive much of the cross-border collaboration, offering a flexible mechanism for government agencies to shape state behavior, coordinate policies, …

Law For The Rich, Alex Raskolnikov

Faculty Scholarship

With top incomes and wealth reaching historic highs, scholars and politicians have proposed new taxes and novel legal rules aimed at reversing the emergence of the new Gilded Age. Yet while new taxes target the rich directly by imposing greater burdens only on those with incomes or wealth above multi-million-dollar thresholds, none of the proposed legal reforms do anything of the sort. There appears to be no interest in changing property law, corporate law, antitrust law, or labor law, among others, to have special, more burdensome rules applicable only to the rich. This Article asks: Why not? Why shy away …

Custom’S Pervasive Role In Law And The Boundaries Of Positivism, James Paul George

Faculty Scholarship

Custom is law’s foundation, modulator, and occasional antithesis. This Article explores that relationship, starting with varying insights from some of the few legal philosophers who have examined the custom/law dynamic. The heart of this Article provides examples showing custom’s many influences on the law, set in five functional areas: origin, application, interstitial, rule-source, and oppositional. Although the custom/law interplay spans human behavior, these examples come from law practice where custom is exposed. Many are routine, some are significant, and all show our reliance on behaviors and norms that are not positive law. The conclusion addresses but does not resolve some …

We Need To Talk: Modernizing Attorney-Client Jail Communications, Cynthia Alkon

Faculty Scholarship

Attorney-client jail phone calls, video calls, and emails are all routinely recorded and monitored by jails, with numerous examples of jails and private telecommunications providers giving those recordings and emails to law enforcement and prosecutors. This widespread failure to protect the confidentiality of attorney-client communications prevents lawyers from being able to enjoy easy, quick, and regular communications with their clients. In practice, and despite the ever-expanding communication methods in the outside world, those held in jails in this country while their criminal cases are pending are effectively stuck in the nineteenth century when the only way to communicate was in …

Water Reallocation In The West: Government And Markets, Vanessa Casado Pérez

Faculty Scholarship

Water is multifaceted: it is a human right, a production input, a sacred element, an investment asset, public property, and a fugitive resource. Its reallocation is inherently difficult because of its natural characteristics and its hybrid nature that combines public ownership with private rights. The future of the U.S. West necessitates the reallocation of water resources, even with potential new water supplies. As climate change intensifies, reallocation will take various forms—all involving government intervention to some degree, from eminent domain to competitive markets. For water markets to function effectively, they require robust institutional infrastructure to prevent issues like imperfect information …

When Anti-Fraud Laws Become A Barrier To Computer Science Research, Madelyne Xiao, Andrew Sellars, Sarah Scheffler

Faculty Scholarship

Computer science research sometimes brushes with the law, from red-team exercises that probe the boundaries of authentication mechanisms, to AI research processing copyrighted material, to platform research measuring the behavior of algorithms and users. U.S.-based computer security research is no stranger to the Computer Fraud and Abuse Act (CFAA) and the Digital Millennium Copyright Act (DMCA) in a relationship that is still evolving through case law, research practices, changing policies, and legislation

Amid the landscape computer scientists, lawyers, and policymakers have learned to navigate, anti-fraud laws are a surprisingly under-examined challenge for computer science research. Fraud brings separate issues that …

Alpha Synuclein And Inflammaging, Geneviève L. Putnam, Robert W. Maitta

Faculty Scholarship

The α-synuclein protein is an established molecule in Lewy body pathology, especially Parkinson's disease (PD). While the pathological role of α-synuclein (α-syn) in PD has been well described, novel evidence may suggest that α-syn interacts with inflammasomes in response to aging. As age is an inevitable physiological state and is also considered the greatest risk factor for PD, this calls for investigation into how α-syn, aging, and PD could be linked. There is a growing amount of data regarding α-syn normal function in the body that includes involvement in cellular transport such as protein complexes assembly, vesicular trafficking, neurotransmitter release, …

Community Integration Of People With Disabilities A Quarter Century After Olmstead V. L.C., Michael Ashley Stein, Benjamin Barsky, Lisa I. Iezzoni

Faculty Scholarship

No abstract provided.

To Save Democracy From Juristocracy: J.B. Thayer And Congressional Power After The Civil War, Samuel Moyn, Rephael G. Stern

Faculty Scholarship

As many Americans once again worry that their democracy is hostage to judicial power, this Article is an archival reconstruction of how famed Harvard law professor James Bradley Thayer set out on a mission to stave off the syndrome before it stuck—though he failed in the end.

The Article shows how Thayer (1831–1902) arrived at his epoch-making theory of judicial deference to safeguard Congress’s power after the democratic revolutions of the Civil War and Reconstruction. Indeed, he hoped to see America transformed in the direction of British legislative supremacy, in which Parliament—and not the courts—reigned supreme. Scandalized by growing ventures …

Interference With The Democratic Process As Public Nuisance, Richard C. Boldt, Donald G. Gifford

Faculty Scholarship

This Article argues that the tort of public nuisance provides a vehicle for holding accountable those engaged in antidemocratic conduct. Recent history suggests that neither the criminal justice system nor Constitutional checks and balances are always up to the task. Following the 2020 election, some supporters of President Trump stormed the Capitol to prevent the counting of the electoral votes, tampered with election machines, and intimidated election workers and voters. Depending on the results of the 2024 election, criminal charges against Trump and some of his followers may be dismissed. The Senate failed to convict the President on articles of …

Pushing Boundaries, Paula A. Monopoli

Faculty Scholarship

This essay was originally published in Balkinization as part of an online symposium and it is reprinted with permission. The essay engages with Julie Suk's book, After Misogyny: How the Law Fails Women and What to Do About It. It suggests that feminist legal scholars have been considering their intellectual options in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. In After Misogyny, Professor Suk offers a conceptual path forward in a post-Dobbs world. Suk’s trenchant analysis of the failure of law to render substantive gender equality and her …

Guardianship And Its Alternatives: A Handbook On Maryland Law, Joan O'Sullivan, Ellen A. Callegary, Rebecca Hall, James F. Silver

Faculty Scholarship

No abstract provided.

An Organizational Theory Of Corporate Law, Emilie Aguirre, Julie Yen, Julie Battilana

Faculty Scholarship

Corporate law is in a moment of vibrant and contentious discussions about potential reforms. As firms exit Delaware, passive investment predominates, private equity expands, and public markets decline, corporate law faces a growing set of challenges that threaten its stability and efficacy. At the same time, the world faces pressing crises, including climate change, social and economic inequalities, and threats to democracy, though corporate law scholars typically consider these crises to be outside corporate law’s remit.

In this Article, we argue that to understand and address the multidimensional crises that face both corporate law and society, we must address shortcomings …