Digital Commons Network^™

Amazon's Pricing Paradox, Rory Van Loo, Nikita Aggarwal

Faculty Scholarship

Antitrust scholars have widely debated the apparent paradox of Amazon seemingly wielding monopoly power while offering low prices to consumers. A single company’s behavior thereby helped spark an intellectual renaissance as scholars debated why Amazon’s prices were so low, whether antitrust enforcers should intervene, and, eventually, how the field should be reformed for the era of large online platforms. One of the few things that all parties have agreed upon amidst those contentious conversations is that Amazon offers low prices. This Article challenges that assumption by demonstrating that Amazon charges higher prices than commonly understood. More importantly, unraveling the disconnect …

Flourishing, Virtue, And The Common Good Constitutionalism, Lawrence B. Solum

Faculty Scholarship

In Common Good Constitutionalism, Professor Adrian Vermeule articulates a conception of the common good. Vermeule has much to say about the common good, but very little to say about the substantive component of his conception, which he describes as “happiness or flourishing.” This Article articulates a conception of the common good that is grounded in a virtue-centered conception of human flourishing. Humans are rational and social creatures, and therefore, flourishing for humans consists in rational and social activities that express the human excellence or virtues. The common good requires communities that facilitate human flourishing in three ways: (1) by creating …

Vaccine Development, The China Dilemma, And International Regulatory Challenges, Peter K. Yu

Faculty Scholarship

This article examines the role played by China in the development of international regulatory standards at the intersection of intellectual prop- erty, international trade, and public health. It begins by briefly discussing the role China has played in the global health arena during the COVID-19 pandemic. The article then highlights the difficulty in determining how best to engage with the country in the development of new international regula- tory standards. It shows that the preferred method of engagement will likely depend on one’s perspective on China’s potential contributions and hin- drances: a perspective that focuses on global competition—in the economic, …

Policing Protest: Speech, Space, Crime, And The Jury, Jenny E. Carroll

Faculty Scholarship

Speech is more than just an individual right—it can serve as a catalyst for democratically driven revolution and reform, particularly for minority or marginalized positions. In the past decade, the nation has experienced a rise in mass protests. However, dissent and disobedience in the form of such protests is not without consequences. While the First Amendment promises broad rights of speech and assembly, these rights are not absolute. Criminal law regularly curtails such rights—either by directly regulating speech as speech or by imposing incidental burdens on speech as it seeks to promote other state interests. This Feature examines how criminal …

An Ally Can Connect Tort Theory To International And Comparative Law, Anita Bernstein

Faculty Scholarship

No abstract provided.

Hydra: Lessons From The World's Largest Darknet Market, Priyanka Goonetilleke, Alex Knorre, Artem Kuriksha

Faculty Scholarship

Research Summary

We present a comprehensive description of Hydra, the largest darknet marketplace in the world until its shutdown in April 2022. We document the main features of Hydra such as dead-drop delivery, feedback and reputation system, escrow, and dispute resolution. Using data scraped from the platform, we quantitatively examine the scale and the structure of the marketplace. We find that it has been highly competitive, geographically covering at least 69% of the Russian population and trading a wide variety of drugs, while also allowing the wholesale trade of drugs and precursors. The dead-drop delivery system used on Hydra was …

Prosecutorial Mutiny, Cynthia Godsoe, Maybell Romero

Faculty Scholarship

No abstract provided.

The Puzzle Of Floating Forum Selection Clauses, Robin J. Effron, John F. Coyle

Faculty Scholarship

No abstract provided.

Firearm Contagion: A New Look At History, Rachel Martin, Michael R. Ulrich

Faculty Scholarship

Gun violence is widely considered a serious public health problem in the United States, but less understood is what this means, if anything, for evolving Second Amendment doctrine. In New York Pistol & Rifle Association, Inc. v. Bruen, the Supreme Court held that laws infringing Second Amendment rights can only be sustained if the government can point to sufficient historical analogues. Yet, what qualifies as sufficiently similar, a suitable number of jurisdictions, or the most important historical eras all remain unclear. Under Bruen, lower courts across the country have struck down gun laws at an alarming pace, while …

The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin

Faculty Scholarship

In this Article, I demonstrate that legal mobilization by activist litigants combined with a comparative methodological jurisprudence has been central to the “transnational legal process” of the generation and diffusion of the sodomy decriminalization norm since the 1950s. My analysis of the transnational comparative jurisprudence relies on a comprehensive legal survey of seven decades of decriminalization jurisprudence (1954–2022), primarily using successful cases. Although the scholarship on the well-known Dudgeon, Toonen, and NCGLE cases often asserts the influence that these cases had on subsequent domestic court constitutional jurisprudence, I suggest that it is the domestic privacy jurisprudence of lobbyists, …

Opinion: How Software Stifles Competition And Innovation, James Bessen

Faculty Scholarship

Innovation is not what it used to be, and software is part of the reason. In many industries—industries well beyond Big Tech—dominant firms have built large software-based platforms delivering important consumer benefits, but these platforms also slow the rise of innovative rivals, including productive startups.5 Because access to these platforms is limited, competition has been constrained, creating a troubling market dynamic that slows economic growth.

Toward A Liberal Common Good Constitutionalism For Polarized Times, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

In Common Good Constitutionalism, Adrian Vermeule urges his fellow conservatives to change the way they think about the American Constitution. Instead of maintaining a constitutionalism that emphasizes aggregating popular preferences, limiting government, and securing individual rights, he promotes a constitutionalism that emphasizes the common good and cultivates the attitudes and competences requisite to its pursuit. For the common good constitutionalist, a government is established primarily to do good things for people. It envisions an active government, including a strong president, a strong administrative state, and judges exercising reasoned judgment about which results would contribute to the general welfare, correctly understood, …

(Re)Criminalizing Abortion: Returning To The Political With Stories, George J. Annas

Faculty Scholarship

Abortion stories have always played a powerful role in advancing women’s rights. In the abortion sphere particularly, the personal is political. Following the Court’s reversal of Roe v. Wade, abortion politics, and abortion storytelling, take on an even deeper political role in challenging the bloodless judicial language of Dobbs with the lived experience of women.

Dobbs V. Jackson Women’S Health: Undermining Public Health, Facilitating Reproductive Coercion, Aziza Ahmed, Dabney P. Evans, Jason Jackson, Benjamin Mason Meier, Cecília Tomori

Faculty Scholarship

Dobbs v. Jackson Women’s Health continues a trajectory of U.S. Supreme Court jurisprudence that undermines the normative foundation of public health — the idea that the state is obligated to provide a robust set of supports for healthcare services and the underlying social determinants of health. Dobbs furthers a longstanding ideology of individual responsibility in public health, neglecting collective responsibility for better health outcomes. Such an ideology on individual responsibility not only enables a shrinking of public health infrastructure for reproductive health, it facilitates the rise of reproductive coercion and a criminal legal response to pregnancy and abortion. This commentary …

Continuous Reproductive Surveillance, Michael Ulrich, Leah R. Fowler

Faculty Scholarship

The Dobbs opinion emphasizes that the state’s interest in the fetus extends to “all stages of development.” This essay briefly explores whether state legislators, agencies, and courts could use the “all stages of development” language to expand reproductive surveillance by using novel developments in consumer health technologies to augment those efforts.

Introduction: Securing Reproductive Justice After Dobbs, Aziza Ahmed, Nicole Huberfeld, Linda C. Mcclain

Faculty Scholarship

When we conceptualized this symposium, Roe v. Wade was still the law of the land, albeit precariously. We aimed to commemorate its fiftieth anniversary by exploring historical, legal, medical, and related dimensions of access to abortion as well as the challenges ahead to secure reproductive justice. With the leak of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization on May 2, 2022, we shifted to mark the dawn of a new era. In the nearly identical official opinion announced on June 24, 2022, Justice Samuel Alito, writing for the majority (6-3), overturned Roe and Planned Parenthood …

A Crazy Quilt: Infanticide In The United States, Susan Ayres

Faculty Scholarship

This chapter builds on previous research to present a sampling of cases in the US, primarily in the twenty-first century, in order to show the harshness and disparity in criminal charges, defences and sentences. The broad term ‘infanticide’ is used for child-murder cases, and the more specific term ‘neonaticide’ is used for the killing of a child in the first 24 hours after birth. This chapter also describes the more recent use of genetic genealogy to solve cold cases of neonaticide. It concludes by considering how the absence of an infanticide offence and expanded defences results in an incoherent, unjust …

What Do Law Professors Believe About Law And The Legal Academy?, Eric H. Martinez, Kevin Tobia

Faculty Scholarship

Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article presents the first dataset of American law professors’ views about legal theory. A study of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding debates.

Law professors also debate questions about the legal academy. These include descriptive questions: Which subjects (for example, constitutional law) and methods (for example, law …

Using Multiple Lenses To See An Invisible Group, Kathleen J. Farkas, Jaroslaw Richard Romaniuk

Faculty Scholarship

Social work in Poland and in the United States shares the values of human dignity and self-determination, but there are often value conflicts in terms of how various groups experience social roles and social expectations. This paper explores the use of multiple lenses to understand the past and current conditions for LGBT+ people in Poland. An international, university-level collaboration uses a framework of “invisible groups” to highlight the needs of those who are on the margins of society and whose human and individual rights are suppressed. The article reviews the results of a recently published on-line survey of LGBT+ populations …

Modified Newtonian Dynamics As An Alternative To The Planet Nine Hypothesis, Harsh Mathur

Faculty Scholarship

A new class of Kuiper Belt objects (KBOs) that lie beyond Neptune with semimajor axes greater than 250 astronomical units show orbital anomalies that have been interpreted as evidence for an undiscovered ninth planet. We show that a modified gravity theory known as modified Newtonian dynamics (MOND) provides an alternative explanation for the anomalies using the well-established secular approximation. We predict that the major axes of the orbits will be aligned with the direction toward the Galactic center and that the orbits cluster in phase space, in agreement with observations of KBOs from the new class. Thus, MOND, which can …

Care Work, Gender Equality, And Abortion: Lessons From Comparative Feminist Constitutionalism, Linda C. Mcclain

Faculty Scholarship

Julie Suk, After Misogyny: How the Law Fails Women and What to Do About It (2023).

Julie Suk’s ambitious book, After Misogyny: How the Law Fails Women and What to Do About It, contributes to a feminist literature on equality and care spanning centuries and national boundaries, yet offers timely diagnoses and prescriptions for the United States at a very particular moment. That “moment” includes being four years into the COVID-19 pandemic and over one year into the post-Roe v. Wade and Planned Parenthood v. Casey world wrought by Dobbs v. Jackson Women’s Health Organization. That moment …

Exploring The Effectiveness Of Virtual Reality Role-Playing In Debating Repatriation Of Artworks In Active Learning Art History Classes, James Hutson, Trent Olsen

Faculty Scholarship

This paper addresses the pressing issue of repatriation debates for artworks, heightened by notable instances like the return of the Benin Bronzes and discussions around the Elgin Marbles. Given the challenges in conducting effective classroom debates on such sensitive topics due to the pandemic, generational shifts in learning preferences, and increased student anxiety, this study identifies a gap in the integration of active learning strategies in a virtual setting. The primary aim of this research is to examine the efficacy of virtual reality role-playing games (VR-RPGs) in enhancing student engagement, immersion, presence, and learning outcomes within a virtual learning environment …

Managing Fires And Ecosystems Indigenous Fire Ecologies Session_Greenhouse Gas Emissions From Wildland Fires Workshop, Cynthia Twyford Fowler

Faculty Scholarship

No abstract provided.

Superfluid Dark Matter In Tension With Weak Gravitational Lensing Data, Tobias Mistele, Stacy S. Mcgaugh

Faculty Scholarship

Superfluid dark matter (SFDM) is a model that promises to reproduce the successes of both particle dark matter on cosmological scales and those of Modified Newtonian Dynamics (MOND) on galactic scales. SFDM reproduces MOND only up to a certain distance from the galactic center, and only for kinematic observables: it does not affect trajectories of light. We test whether this is consistent with a recent analysis of weak gravitational lensing that has probed accelerations around galaxies to unprecedentedly large radii. This analysis found the data to be close to the prediction of MOND, suggesting they might be difficult to fit …

Prevalence Of Adulteration In Dietary Supplements And Recommendations For Safe Supplement Practices In Sport, Andrew R. Jagim, Patrick Harty, Jacob L. Erickson, Grant M. Tinsley, Dan Garner, Andrew J. Galpin

Faculty Scholarship

The prevalence of dietary supplement use among athletes continues to rise with 60–80% of athletes often reporting current or previous use of dietary supplements. While select dietary ingredients have been shown to improve acute performance and enhance training adaptations over time, it is important to still consider the risk vs. reward for athletes before opting to consume a dietary supplement. Previous work has indicated that certain dietary supplements may pose risks for inadvertent doping, may be susceptible to mislabelling, could be banned by certain governing bodies of sport, or pose health risks for certain populations. The purpose of the current …

Shared Cinematic Experience And Emerging Technologies: Integrating Mixed-Reality Components For The Future Of Cinema, James Hutson

Faculty Scholarship

The enduring appeal of traditional cinema viewing in the face of alternative experiences, including streaming services and emerging technologies, such as extended reality, is rooted in its esthetic, cultural, and social significance. While the psychological appeal of shared cinematic experiences has gained attention in scholarship, there is a need to further explore the potential enhancement of these experiences through the integration of immersive technologies. The communal nature of cinema fosters social connection, especially in a post-pandemic context marked by widespread social isolation. This study highlights the psychological benefits of shared cinematic experiences and emphasizes the next phase of cinematic evolution, …

Movement On Removal: An Emerging Consensus On The First Congress, Jed Shugerman

Faculty Scholarship

What did the “Decision of 1789” decide about presidential removal power, if anything? It turns out that an emerging consensus of scholars agrees that there was not much consensus in the First Congress.

Two more questions follow: Is the “unitary executive theory” based on originalism, and if so, is originalism a reliable method of interpretation based on historical evidence?

The unitary executive theory posits that a president has exclusive and “indefeasible” executive powers (i.e., powers beyond congressional and judicial checks and balances). This panel was an opportunity for unitary executive theorists and their critics to debate recent historical research questioning …

Perceptions And Barriers To Adopting Artificial Intelligence In K-12 Education: A Survey Of Educators In Fifty States, Karen Woodruff, James Hutson, Kathryn Arnone

Faculty Scholarship

Artificial Intelligence (AI) is making significant strides in the field of education, offering new opportunities for personalized learning and access to education for a more diverse population. Despite this potential, the adoption of AI in K-12 education is limited, and educators’ express hesitancy towards its integration due to perceived technological barriers and misconceptions. The purpose of this study is to examine the perceptions of K-12 educators in all 50 states of the USA towards AI, policies, training, and resources related to technology and AI, their comfort with technology, willingness to adopt new technologies for classroom instruction, and needs assessment for …

Two Decades Of Trips In China, Peter K. Yu

Faculty Scholarship

This chapter reviews China’s engagement with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the past twenty years. It begins by highlighting TRIPS-related developments in the first decade of China’s WTO membership. The chapter then discusses the country’s ‘innovative turn’ in the mid-2000s and the ramifications of its changing policy positions. This chapter continues to examine the US-China trade war, in particular the second TRIPS complaint that the United States filed against China in March 2018. It concludes with observations about the impact of the TRIPS Agreement on China, China’s impact on that agreement and how the …

Thermoresponsive Polymers With Lcst Transition: Synthesis, Characterization, And Their Impact On Biomedical Frontiers, Yichun Yuan, Konpal Raheja, Nathalie B. Milbrandt, Sophia Beilharz, Steffy Tene, Solomon Oshabaheebwa, Umut A. Gurkan, Anna Cristina S. Samia, Metin Karayilan

Faculty Scholarship

Advances in thermoresponsive materials have significantly impacted many biomedical fields. The unique behavior of reversible phase transition close to the physiological temperatures makes these types of materials a great candidate for a wide variety of biomedical applications including bioimaging, biosensing, injectables, smart surfaces, adhesives, biomanufacturing, and tissue engineering. Thermoresponsive behavior, mainly lower critical solution temperature (LCST) can be easily tuned by shifting the balance between hydrophobicity and hydrophilicity (e.g., by using comonomers or changing end groups) and modifying the molecular weight and architecture of the polymer. Hence, synthetic and characterization tools are critical in tailoring and precisely determining these properties. …