Digital Commons Network^™

Alphafold 3, Ai, Antibody Patents, The Future Of Broad Pharmaceutical Patent Claims, And Drug Development, Brendan Bargmann, Robert A. Bohrer

Faculty Scholarship

Artificial intelligence (AI) will have an enormous impact both on pharmaceutical development and patent protection, particularly for antibody therapeutics. In Amgen Inc. v. Sanofi, the U.S. Supreme Court limited the scope of Amgen’s therapeutic antibody patent to only those antibodies that were specifically described in Amgen’s patent application and that had been shown to bind to a particular region of the target antigen, blocking the activity of the antigen that caused disease. The reason for this limitation was the patent requirement of enablement: that potentially millions of antibodies could be generated to the target antigen but that not all …

Wildfire Smoke And U.S. Law, Michael B. Gerrard

Faculty Scholarship

Many of the most wicked feedback effects of climate change relate to wildfire smoke. In some places the greenhouse gases poured into the atmosphere by wildfires exceed the reductions achieved by all efforts to fight climate change. At the same time, climate change is a major reason why wildfires are becoming more frequent and intense. Climate change and wildfires feed each other. However, environmental law and climate policy have paid relatively little attention to wildfires. The smoke from these fires — a major cause of illness and death, even thousands of miles from the blazes — is mostly unregulated. Efforts …

Humanist Copyright, Jane C. Ginsburg

Faculty Scholarship

This exploration of the role of authorship in copyright law proceeds in three parts: historical, doctrinal, and predictive. First, I will review the development of author-focused property rights in the pre-copyright regimes of printing privileges and in early Anglo-American copyright law through the 1909 U.S. Copyright Act. Second, I will analyze the extent to which the present U.S. copyright law does (and does not) honor human authorship. Finally, I will consider the potential responses of copyright law to the claims of proprietary rights in AI-generated outputs. I will explain why the humanist orientation of U.S. copyright law validates the position …

Sex & Startups, Jens Frankenreiter, Talia B. Gillis, Eric L. Talley

Faculty Scholarship

Private law offers a unique solution to the problem of long-term fiscal commitment. When Congress enacts a spending program that will take many years to reach fruition, there is a risk of a subsequent Congress or President cutting off funding in the interim. There is no escape from the problem within appropriations law itself. One solution, however, is to entrust private sector allies as vessels of long-term commitment. As a matter of political economy, that solution draws on policy-feedback theory. As a matter of law, the solution rests on a mechanism that Congress already uses but has not recognized its …

The Limits And Promise Of Global Antitrust Law, Anu Bradford, Adam S. Chilton, Katerina Linos

Faculty Scholarship

A large body of evidence suggests that open, competitive markets are a key driver of economic development. In recognition of this fact, many of the world’s leading economies not only adopted their own antitrust laws to promote competition, but they also urged developing countries around the world to do the same. This resulted in a remarkable proliferation of global antitrust law over the last several decades. Many studies have empirically examined the effect of this development, and, consistent with the hopes of policymakers, they have largely found that adopting antitrust laws produces positive economic outcomes.

In this Article, we reassess …

Creatine Supplementation Is Safe, Beneficial Throughout The Lifespan, And Should Not Be Restricted, Richard Kreider, Andrew Jagim, Jose Antonio, Douglas Kalman, Chad Kerksick, Jeffrey R. Stout, Robert Wildman, Rick Collins, Diego A. Bonilla

Faculty Scholarship

As researchers investigating creatine supplementation, we have become increasingly concerned about reports that government agencies are attempting to restrict the sale of dietary supplements, including dietary supplements containing creatine, to children and adolescents. Creatine is a naturally occurring compound found in every cell in the human body that plays a critical role in cellular metabolism. The daily turnover of creatine is about 2–4 grams/day, depending on muscle mass and physical activity levels (1, 2). About half of the daily need for creatine is synthesized in the body from amino acids (arginine, glycine, methionine) and stored as free creatine or phosphocreatine …

Enhancing Metacognitive Competencies Through Human-Centered Ai: The Role Of Custom-Trained Intelligent Agents In Workforce Upskilling, James Hutson

Faculty Scholarship

This editorial examines the integration of human-computer intelligent interaction (HCII), specifically through human-centered artificial intelligence (AI) and custom-trained intelligent agents, to foster metacognitive competencies critical for workforce upskilling. With 59% of the workforce projected to require substantial upskilling by 2030, developing personalized AI models tailored to individual cognitive and learning profiles presents an innovative pathway. These custom-trained agents leverage human-computer interaction (HCI) technologies and machine learning methodologies to enhance understanding of one’s own learning processes-metacognition-thus empowering individuals to optimize their future learning and adaptability. This approach not only enhances the individual’s ability to engage effectively with complex tasks in the …

Capital Formation, The Sec, And Accredited Investors, Neal F. Newman, Lawrence J. Trautman, Brian Elzweig

Faculty Scholarship

Protecting the investing public, while simultaneously facilitating the efficient flow of capital needed by all new and growing businesses continues as a primary responsibility of the U.S. Securities and Exchange Commission (SEC). Enhancing the capital formation process is a necessary step in the creation of jobs and growth of any economy. Central to the SEC’s regulatory schematic is the proposition that some particularly sophisticated and wealthy investors require less protection than those with less knowledge, experience, and resources. During December 2023, for just the third time, the SEC staff issued a report examining the status of the natural person accredited …

The End Of The U.S.-Backed International Order And The Future Of International Law, Monica Hakimi, Jacob Katz Cogan

Faculty Scholarship

The international order that the United States has for decades led and maintained is undergoing dramatic change. In this Essay, we explain that international law during this period was constituted with, and dependent on, U.S. power; that the two became (in odd-couple fashion) entwined together; and that, as the international order changes, the international legal system, its content and its architecture, will also inevitably change.

The Lost English Roots Of Notice-And-Comment Rulemaking, Rephael G. Stern

Faculty Scholarship

Notice-and-comment rulemaking is arguably the most important procedure in the modern administrative state. Influential accounts even frame it as the 1946 Administrative Procedure Act’s “most important idea.” But its historical origins are obscure. Scholars have variously suggested that it grew out of the constitutionally sanctioned practice of congressional petitioning, organically developed from the practices of nineteenth-century agencies, or was influenced by German conceptions of administrative rulemaking. These histories, however, are incomplete. Using original archival research, this Article demonstrates that notice-and-comment rulemaking was the product of a series of American transplantations of English rulemaking procedures that developed in the late nineteenth …

Who Owns The Heat? Property Rights In Geothermal Energy, Gabriel Eckstein

Faculty Scholarship

Landowners can have ownership claims to oil, gas, water, and other tangible natural resources located in their subsoil. But can they also claim rights to the thermal energy found below their land? With 50,000 times more heat energy within the top 10,000 meters (around 33,000 feet) of the Earth’s surface than contained in all of the world’s oil and natural gas resources combined, geothermal energy is a tremendously promising, clean, and renewable energy resource. Yet, ambiguities in property rights related to the development and ownership of geothermal energy resources raise questions about who is entitled to benefit from that potential. …

Micro-Costs, Kiel Brennan-Marquez, Brendan S. Maher

Faculty Scholarship

The modern world is filled with tiny attentional impositions (cognitiveasks) that inflict small mental burdens (micro-costs) on virtually everyone, everywhere, all the time. Micro-costs make life worse, and everybody knows it. They sap collective energy; they lead to worse decisions; they exacerbate inequality; and they contribute to an overall sense of "mismanagement" in the world, a sentiment that readily pairs with destructive political impulses.

Yet the law has essentially ignored micro-costs-until now. In what follows, we construct a theory of micro-costs that gives the phenomenon analytic shape and charts a path forward for reform. Drawing on the insights of philosophy, …

On The Meaning Of Discrimination: Anti-Racism Versus Color-Blind Policy, Keith N. Hylton

Faculty Scholarship

Chief Justice Roberts of the United States Supreme Court has said that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”1 In this Article, I examine what it means to discriminate on the basis of race—or what it means to stop discriminating on the basis of race. I consider interventions designed to enhance social welfare in an economy with racially discriminatory games operating at its base. One set of interventions is color-blind, in the sense that it treats all actors alike regardless of race. The other set of interventions is …

Sexual And Reproductive Health & Rights: Advances And Setbacks, Aziza Ahmed, Alicia Ely Yamin, Sofia Gruskin

Faculty Scholarship

This article first describes shifts in human rights law that have led to improvements in the realization of sexual and reproductive health and rights (SRHR) over the last decade. The article does so, however, with careful attention to the structural factors beyond formal legal mechanisms that may undermine the ability of governments, even with the best of intentions, to fully develop the necessary robust health and justice systems. Second, this article considers two additional factors: the political economy factors that enable or limit the ability of States to realize SRHR, as well as the growing evidence base that supports positive …

The Misuse Of Ratification-Era Sources By Unitary Executive Theorists, Jed Handelsman Shugerman

Faculty Scholarship

This symposium essay suggests that, given an ostensibly originalist Supreme Court, the future depends on getting the past right. The unitary executive theory is approaching its political and doctrinal zenith in 2025, at the very moment it is approaching an evidentiary crisis. This essay details that crisis: a subset of misuses and misrepresentations of sources in the unitary executive scholarship. This subset focuses on serious misrepresentations of the Ratifications debates.

The Ratification debates appropriately have become the primary source of evidence for original public meaning, the dominant theory of originalism. The Ratification debates have always been a significant problem for …

Law And Historical Materialism, Jeremy K. Kessler

Faculty Scholarship

Since the financial crisis of 2008, left-leaning legal thought has experienced a renaissance within the American academy. From law and political economy to critical race theory to feminist legal studies to Marxist legal theory, new perspectives have flourished, and marginalized traditions have been revived and revised. These new perspectives and revisionist projects all share an intellectual debt to the critical legal studies (“CLS”) movement of the late 1970s and 1980s. That movement’s critique was focused on functional accounts of law: accounts that understood legal change as primarily responsive to the demands of extralegal social and economic forces. Some of those …

Artificial Intelligence, Autonomous Creation, And The Future Path Of Copyright Law, Peter K. Yu

Faculty Scholarship

Most literature at the intersection of copyright and AI has focused primarily on what copyright law is or ought to be. Frequently overlooked is the question of what copyright law will be in the AI space. Understanding this question is crucial because the path of copyright law chosen by the United States will have a major impact on the country's economic and technological future.

This article begins by scrutinizing two lines of arguments that have been advanced to deny copyright protection to AI-generated works: constitutional and incentive-based. The article then discusses a third line of arguments—harmonization-based arguments—and identifies select instances …

Guide To Sec And Business Open Source Corporate Intelligence, Lawrence J. Trautman, Brian Elzweig, Neal F. Newman

Faculty Scholarship

An agency of the U.S. intelligence community observes, "The explosion of open source intelligence (OSINT) in recent years has transformed how governments and people around the world consume and process information about society and global issues." It is likely that "We all use open-source and probably don't even realize it, but we also use it for different reasons. You might use open-source information to do a credibility check and to find out more about the person selling you something on Facebook marketplace." Others "may research someone… met on a dating app or before hiring someone for a job." Every use …

Managing The Cost Of Services For People With Disabilities: International Approach. Part Ii: Ohio, United States, Dana Pugh, Jaroslaw Richard Romaniuk

Faculty Scholarship

Introduction: Four years of managing a housing network for people with disabilities prompted a rethinking of the financial management of the services offered. Clients with different needs require diverse professional staff for their home care. Emergency situations require that professionals offering assistance maintain the highest level of education possible. Financial resources often limit the quality of care for people with disabilities. Method: This paper is based on a literature search and on professional experience (Dana Pugh) in the management of a housing program for people with disabilities in Cleveland, Ohio (USA). Findings: In Poland, people with disabilities usually live with …

Memgb-Diff: Memory-Efficient Multivariate Gaussian Bias Diffusion Model For 3d Bias Field Correction, Shuo Li

Faculty Scholarship

Bias fields inevitably degrade MRI that seriously interferes the diagnosis of physicians for accurate analysis, and removing it is a crucial image analysis task. Generative models (such as GANs) are used for bias field correction, and outperform traditional methods, however are hindered by the high cost of data annotation and instability during training. Recently, the diffusion-based methods have excelled over GANs in many applications, and they are powerful in removing noise from images, while the bias field can be regarded as a smooth noise. However, it is a challenge to directly apply to 3D bias field correction due to sampling …

Stable Heteroclinic Channels As A Decision-Making Model: Overcoming Low Signal-To-Noise Ratio With Mutual Inhibition, Natasha A. Rouse

Faculty Scholarship

Bio-inspired robot controllers are becoming more complex as we strive to make them more robust to, and flexible in, noisy, real-world environments. A stable heteroclinic network (SHN) is a dynamical system that produces cyclical state transitions using noisy input. SHN-based robot controllers enable sensory input to be integrated at the phase-space level of the controller, thus simplifying sensor-integrated, robot control methods. In this work, we investigate the mechanism that drives branching state trajectories in SHNs. We liken the branching state trajectories to decision-splits imposed into the system, which opens the door for more sophisticated controls-all driven by sensory input. This …

Soft Robotic Brittle Star Shows The Influence Of Mass Distribution On Underwater Walking, Zach J. Patterson

Faculty Scholarship

Most walking organisms tend to have relatively light limbs and heavy bodies in order to facilitate rapid limb motion. However, the limbs of brittle stars (Class Ophiuroidea) are primarily comprised of dense skeletal elements, with potentially much higher mass and density compared to the body disk. To date, little is understood about how the relatively unique distribution of mass in these animals influences their locomotion. In this work, we use a brittle star inspired soft robot and computational modeling to examine how the distribution of mass and density in brittle stars affects their movement. The soft robot is fully untethered, …

Thermodynamic Water Activity Explains The Unusual Electrochemical Stability Of Aqueous Deep Eutectic Solvents, Desiree Mae Prado, Aaron Niño Gonzaga, Clemens Burda

Faculty Scholarship

The presence of water in nonaqueous deep eutectic solvent (DES) electrolytes has been debated in recent years, with efforts ranging from its complete removal to willful addition. It was shown that controlled amounts of water can be beneficial, as it not only enhances the physicochemical properties of these electrolytes but also has no significant detrimental effects on their electrochemical stability. Despite these advantages, there is still limited understanding of how water interacts with DES systems at the molecular level. This study examines the water activity in ethylene glycol and glycerol, as well as their binary mixtures with choline chloride to …

Behavior Of Rio Sao Francisco Piranhas In Response To Changes In Space And Density, Ronald G. Oldfield, Josie E. Thal, Kristen E. Lukas

Faculty Scholarship

Previous observations of Rio Sao Francisco piranhas (Pygocentrus piraya) at Cleveland Metroparks Zoo revealed frequent aggressive interactions, which were associated with the injury and death of some individuals. Fishes are known to increase aggressive behavior when available space is limited. We compared the behavior of the piranhas longitudinally across three different space/density conditions: (1) in a group held in a small aquarium before the death of one individual, (2) in the same group after the death of one individual, (3) and in one individual of the group after it was later moved into a larger, multispecies aquarium. In the smaller …

The Importance Of Better Natural History Studies For Duchenne Muscular Dystrophy, David J. Birnkrant

Faculty Scholarship

No abstract provided.

Dietary Effects On The Retina Of Hamsters, Nicole El-Darzi, Natalia Mast, Yong Li, Irina A. Pikuleva

Faculty Scholarship

The retina is a sensory tissue in the back of the eye, which captures visual information and relays it to the brain. The retinal pigment epithelium separates the neural retina from the choroidal (systemic) circulation and is thereby exposed to circulating lipoprotein particles. Herein, we used hamsters and conducted various retinal evaluations of animals fed either a normal diet or a Western-type diet (WTD). Prior to evaluations, hamsters were injected with indocyanine green (ICG), a fluorescent dye that binds to various proteins and lipids in the systemic circulation. The WTD increased plasma levels of total and HDL cholesterol 1.8- and …

Improving The Transparency Of Legal Measurement In Health Policy Evaluation—A Guide For Researchers, Reviewers, And Editors, Benjamin A. Barsky, Alina Schnake-Mahl, Cason D. Schmit, Scott Burris

Faculty Scholarship

Advances in quantitative research methods have led to acceptance that well-designed observational studies can enable causal inferences about the effects of policy interventions on health. Indeed, JAMA recently announced exploring a range of study designs for which causal interpretations may be made in JAMA Network journals. This development is welcome for research on the potential health effects of laws—including statutes, regulations, executive orders, formal agency guidance, and other documents that purport to require compliance with rules or standards—given that they are rarely amenable to evaluation using experimental methods. As researchers, reviewers, and editors refine criteria for assessing the appropriateness of …

Neuropeptide-Dependent Spike Time Precision And Plasticity In Circadian Output Neurons, Bryan Chong, Vipin Kumar, Dieu Linh Nguyen, Makenzie A. Hopkins, Faith S. Ferry, Lucia K. Spera, Elizabeth M. Paul, Anelise N. Hutson, Masashi Tabuchi

Faculty Scholarship

Circadian rhythms influence various physiological and behavioral processes such as sleep–wake cycles, hormone secretion, and metabolism. In Drosophila, an important set of circadian output neurons is called pars intercerebralis (PI) neurons, which receive input from specific clock neurons called DN1. These DN1 neurons can further be subdivided into functionally and anatomically distinctive anterior (DN1a) and posterior (DN1p) clusters. The neuropeptide diuretic hormones 31 (Dh31) and 44 (Dh44) are the insect neuropeptides known to activate PI neurons to control activity rhythms. However, the neurophysiological basis of how Dh31 and Dh44 affect circadian clock neural coding mechanisms underlying sleep in Drosophila is …

Flapping Dynamics And Wing Flexibility Enhance Odor Detection In Blue Bottle Flies, Naeem Haider, Zhipeng Lou, Chengyu Li

Faculty Scholarship

One of the most ancient and evolutionarily conserved behaviors in the animal kingdom involves utilizing wind-borne odor plumes to track essential elements such as food, mates, and predators. Insects, particularly flies, demonstrate a remarkable proficiency in this behavior, efficiently processing complex odor information encompassing concentrations, direction, and speed through their olfactory system, thereby facilitating effective odor-guided navigation. Recent years have witnessed substantial research explaining the impact of wing flexibility and kinematics on the aerodynamics and flow field physics governing the flight of insects. However, the relationship between the flow field and olfactory functions remains largely unexplored, presenting an attractive frontier …

Book Review: How To Set Up And Run A Law Clinic, Peggy Maisel, Paul R. Tremblay

Faculty Scholarship

This book answers many questions for those tasked with deciding whether and how to fund a law school clinic. It also provides metrics by which to evaluate the operations of a clinic. And finally, this book addresses not just how best to run a clinic, but in many ways how best to deliver legal services to a community in great need of legal help, whether through a law school program or in the neighborhood. It answers questions every legal aid office in the world with limited resources must answer: how to choose clients, how to decide which services the clients …