Digital Commons Network^™

The Lost Origins Of Antitrust, William Magnuson

Faculty Scholarship

Over the last decade, the once-sleepy field of antitrust has suddenly sprung to the forefront of public attention. The digitalization of the economy, the expansion of Big Tech, and the rise of platform monopolies have all raised deep questions about the nature of corporate power and law’s capacity to constrain it. Some scholars have argued that antitrust enforcement must be reinvigorated in substance and broadened in scope in order to combat rapidly rising economic inequality. Others have argued that antitrust law is ill-equipped to address these broad moral issues and instead must be re-focused on its traditional principles of consumer …

The Emerging And Evolving Evidence Supporting Creatine As An Ergogenic Aid: History And Applications, Chad Kerksick, Drew Gonzalez, Jeffrey Stout, Scott Forbes, Darren Candow, Tim Ziegenfuss, Ronald Marshall, René Schwesig, Richard Kreider

Faculty Scholarship

Background

Creatine is one of the most extensively studied ergogenic aids, with over three decades of research supporting its role in exercise performance, recovery, and health.

Methods

This narrative review summarizes the historical development of creatine supplementation and evaluates evidence regarding its mechanisms, efficacy across active, athletic populations (e.g. strength, endurance, team-sport), and tactical (e.g. military, law enforcement) populations, and its safety profile.

Results

The evidence suggests that creatine enhances phosphocreatine resynthesis and cellular energy availability, resulting in consistent improvements in high-intensity exercise performance, training adaptations, lean body mass, strength, and power. Additional findings indicate that creatine may attenuate exercise-induced …

Mainstreaming Mistrust: The Shift In Us Vaccine Policy Under The Trump Administration, Sanjin Musa, Amy Estlund, Megan A. Berman

Faculty Scholarship

Department of Health and Human Services led by Robert F. Kennedy Jr., represents a significant departure from long-standing public health norms. This commentary explores how historically marginalized anti-vaccine activism has moved into the mainstream of government oversight. Key actions driving this transition include the wholesale replacement of the Advisory Committee on Immunization Practices, the departure of senior CDC officials, and the public questioning of established childhood immunization schedules. Furthermore, the administration has ceased financial support for global health entities like the World Health Organization and Gavi, the Vaccine Alliance, while canceling funding for innovative mRNA vaccine platforms. 

These domestic policy …

Liberal Trade And President Trump: Never The Twain Shall Meet, Joel Adu-Quaye, Petros C. Mavroidis

Faculty Scholarship

This paper seeks to distinguish between two consequences of the tariff policies enacted by both Trump administrations: (1) their adverse effects on free trade and (2) the existential damage inflicted upon the transnational institutions responsible for enforcing its rules and obligations. Although difficult to quantify the latter, there is an intuitive sense that this is what matters most. The global order appears to be shifting from a rule-based framework to one characterized by increasing disorder and unpredictability. Within this new world order, actions are permissible so long as they align with the, often ill-defined, national interests of powerful nations.

Evidence And Assessing Verbatim Transcription Quality Of Black English And Standard American English, L. Alexander Walker Iii

Faculty Scholarship

This chapter explores the accuracy of private transcription services when transcribing Black English and Standard American English. Courts and lawyers in the US regularly rely on transcripts from such services, but third-party verification of their accuracy, especially with respect to their quality when faced with nonstandard language varieties, is lacking. This study draws on experimental methods to contrast the quality of transcription services offered by transcribers and AI route. The quantitative results show that transcription by humans and AI resulted in more mistakes when transcribing Black English than when transcribing Standard American English. Furthermore, a qualitative analysis reveals that these …

Performing Legality: When And Why Chinese Government Leaders Show Up In Court, Rachel E. Stern, Jieun Kim, Benjamin L. Liebman

Faculty Scholarship

Since 2015, Chinese government leaders have been required by law to appear in court when citizens sue their unit or to designate an employee to take their place. We frame this policy as a demand on leaders to “perform legality,” sacrificing their time to demonstrate how seriously the government takes legal proceedings. Drawing on an original dataset of 127,529 administrative lawsuits decided between 2015 and 2018, we investigate how often government leaders appear in Chinese courtrooms, and for which kinds of cases. Overall, leaders attended 24.72% of hearings. Contrary to the State Council’s instructions to prioritize attendance in lawsuits that …

The Law Of For Cause Removal, Jane Manners, Lev Menand

Faculty Scholarship

For the first time in American history, the Supreme Court is poised to decide what it means for the president to remove a principal officer “for cause.” The case — which arises from the attempted removal of Lisa Cook, a member of the Board of Governors of the Federal Reserve System — has major implications for central bank independence in the United States and, more broadly, for the U.S. administrative state. But given how long it has been since such offices were formally contested, courts and commentators have forgotten many aspects of the legal tradition governing “for cause” removal. In …

The Mysterious Federal Policy In Favor Of Arbitration: Festschrifts Squared, Robert H. Smit

Faculty Scholarship

As far as I can tell, John Fellas and I think alike on most things, both as practicing international arbitrators and as professors of international arbitration law. As arbitrators in practice, all of the awards we have rendered together — whether John chaired, I chaired or we both served as party-appointed arbitrators — were unanimous awards. As professors in academics, we both independently submitted essays — on the occasion of a festschrift in honor of Professor George Bermann — addressing related issues concerning the federal policy in favor of arbitration in the United States. John’s festschrift essay is entitled “ …

Can Legal Knowledge Save Lives? A Randomized Experiment In Preventive Health Screenings, Christopher Robertson, Wendy Netter Epstein

Faculty Scholarship

While the U.S. healthcare system typically imposes significant out-of-pocket costs, the Affordable Care Act (ACA) requires full insurance coverage for certain preventive health services (PHS), including cancer screenings, without cost-sharing. Despite this policy, one in four eligible Americans remains unscreened for breast, colorectal, and cervical cancer, which increases their risk of premature death. We hypothesize that a lack of awareness about the ACA’s free care requirement contributes to this gap and that explicitly informing patients could increase screening uptake. Additionally, we investigate whether prior experiences with medical debt deter individuals from seeking even cost-free care, reflecting a spillover effect of …

Large Language Models In Qualitative Analysis: Comparing Traditional And Researcher-Interpreted Approaches, Raihan K. Khan

Faculty Scholarship

Qualitative data analysis, particularly thematic analysis, is a widely used method for uncovering patterns and insights in narrative data but often faces challenges such as being resource-intensive and susceptible to researcher bias. In recent years, Large Language Models (LLMs) have emerged as promising tools to assist human coders in conducting thematic analysis, offering efficiency and scalability in processing large datasets. However, existing work primarily relies on tools like ChatGPT, raising privacy concerns—especially when analyzing sensitive healthcare data—and lacks systematic validation through comparisons with human coders. This study aims to evaluate the potential of open-source LLMs for qualitative data analysis. Semi-structured …

Amicus Brief In Trump V. Barbara: An Originalist Defense Of Birthright Citizenship, Jed Handelsman Shugerman, Evan D. Bernick

Faculty Scholarship

For nearly all of the first 235 years under the Constitution, the citizenship of every child born in the United States to alien parents, with immaterial exceptions, was a given. Then, in 2025, the Trump administration changed course. Even though the Fourteenth Amendment makes no mention of limiting birthright citizenship to the children of domiciled parents, the Government now claims that is what “subject to the jurisdiction thereof” has always meant. While the Government and its amici admit that the common law recognized the citizenship of children of transient aliens, their remaining “survey of history range[s] from the constitutionally irrelevant” …

Meeting The Challenge Of Civic Education In Hyperpolarized Times, Linda C. Mcclain

Faculty Scholarship

What role can civic education play in polarized times? That is the pressing question posed by Civic Education in Polarized Times, edited by Elizabeth Beaumont and Eric Beerbohm.1 As Beaumont’s introduction explains, “as political polarization has intensified across the world, civic education seems more urgent, but it has also become more challenging.” (P. 1.) The volume brings together an eminent group of education scholars, legal scholars, political theorists, and philosophers to consider challenging questions about how to carry out civic education “in a polarized era” and “for a polarized era.” (P. 2.)

Left Behind In Lockdown: A Scoping Review Of Covid-19’S Impact On The Lives Of Transition-Age Foster Youth, Johanna K P Greeson, Sarah Wasch, John Gyourko, Antonio R. Garcia, Hannah Bennett, Kate Greco, Liya Cha

Faculty Scholarship

This scoping review asked: What is known about the scope and nature of research on the COVID-19 pandemic and its effects on older youth with foster care experience in the United States, including the types of studies, samples and outcomes examined? Guided by the Joanna Briggs Institute framework and PRISMA-ScR, we searched 11 databases and grey literature sources (October2024 to January 2025). Eligible studies were United States based, published from 2020 onward and included primary data on foster youth or relevant professionals. Thirty-two studies met inclusion criteria. Most studies were descriptive or cross-sectional, reflecting early phases of the pandemic. Mapping …

Communicative Legitimacy: The Supreme Court's Hidden Cultural Binaries In The U.S. Civil Sphere, Steven Arrigg Koh

Faculty Scholarship

How does the U.S. Supreme Court establish its legitimacy? Over the last two hundred years in U.S. society, the Court has interpreted the U.S. Constitution on watershed issues such as slavery, segregation, and marriage equality. And yet the Constitution is just 7,591 words. A puzzle thus emerges: how does the Court intelligibly interpret this short text for U.S. society? This article develops a new theoretical and empirical cultural sociological account of such Supreme Court decision-making, which it calls “communicative legitimacy.” According to this theory, which draws on Jeffrey Alexander’s civil sphere theory, the Court consistently and inevitably draws on a …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Faculty Scholarship

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

The Exactions Illusion: Sheetz’S Missing Dissent, Lee Anne Fennell, Timothy M. Mulvaney

Faculty Scholarship

In April 2024, the Supreme Court unanimously handed down Sheetz v. County of El Dorado, a land use exactions case billed as narrow, inevitable, constitutionally compelled, and obviously correct.  It was none of those things. Sheetz instead ushered in an open-ended shift of policy control over the built environment from state and local legislatures to courts. By its terms, the holding extended the Court’s stringent “exactions” test—which requires the government to prove nexus and proportionality between development conditions and development impacts—beyond its original context of parcel-specific administrative bargains to reach an unspecified set of legislated property conditions. Yet the decision’s …

International Society Of Sports Nutrition Position Stand: Effects Of Dietary Antioxidants On Exercise And Sports Performance, Drew E. Gonzalez, Broderick L. Dickerson, Brandon M. Roberts, Jennifer A. Kurtz, Hunter S. Waldman, Adam M. Gonzalez, Matthew J. Mcallister, Jeffery L. Heileson, Richard J. Bloomer, Shawn M. Arent, Darren G. Candow, Jeffrey R. Stout, Karen A. Hecht, Bill Campbell, Chad Kerksick, Douglas Kalman, Jose Antonio, Richard B. Kreider

Faculty Scholarship

Following a comprehensive review, the International Society of Sports Nutrition (ISSN) has developed an official position on the role of dietary antioxidants in exercise and sport. Antioxidants play a complex, context-dependent role in vivo; they can facilitate recovery from exercise but may also hinder training adaptations when consumed at supraphysiological doses. While endogenous antioxidant systems can effectively maintain redox balance, dietary sources, particularly whole foods, can help mitigate excessive oxidative stress following intense/heavy training or inadequate recovery. The influence of dietary antioxidants depend on timing, dosage, type, and individual factors. The ISSN’s official position encompasses the following: (1) Redox balance …

Exploring Slow Librarianship As An Intervention To Support Library Workers With Adhd, Valerie Linsinbigler, Liana Bayne-Lin

Faculty Scholarship

While scholarly conversations about supporting library patrons who are neurodivergent have grown in the past years, conversations about library workers who are neurodivergent lag behind. As it becomes easier to encourage students to destigmatize their neurodivergence, share their experiences, and seek formal and informal accommodations in university spaces, when, and how, will it become easier for neurodivergent library workers to do the same?

Perhaps slow librarianship is one answer to this question. Following in the footsteps of Jocelyn Swick-Jemison (2023), this chapter is part autoethnography, in which two early-career librarians will share their perspective of learning how to be liaison …

New York Environmental Legislation In 2025, Michael B. Gerrard

Faculty Scholarship

In 2025, New York State overhauled its State Superfund law and extended the State Superfund Program for ten years. The state also enacted laws restricting chemicals in menstrual products and firefighter personal protective equipment; expanding the extended producer responsibility program for batteries to include electric scooter and bike batteries; and protecting monarch butterflies and horseshoe crabs. These and other new and amended environmental and energy laws — as well as notable vetoes — are discussed in this article.

Amendments to two of New York’s most important laws may be up for consideration by the Legislature during the current session. Governor …

Differential Validity In Fair Lending, Spencer Caro, Talia B. Gillis, Scott Nelson

Faculty Scholarship

Fair lending’s disparate impact doctrine aims to address lending disparities. But which disparities? Traditional fair lending has narrowly focused on equal outcomes — examining differences in loan approval rates or interest rates. However, this singular focus overlooks other dimensions of disparities that are essential for fair credit access. This article challenges the conventional emphasis on equal outcomes, demonstrating how it has failed to address deep-rooted inequalities in traditional credit allocation while also stifling innovation in machine-learning and alternative data. We argue that disparities in the validity of creditworthiness predictions — the accuracy with which a model identifies creditworthy applicants — …

Hybrid Server–Ai Architecture For Persistent Generative Game Worlds: Achieving Scalable, Consistent, And Low-Latency Interactive Environments, Jay Ratican, James Hutson

Faculty Scholarship

Generative artificial intelligence has demonstrated remarkable capabilities in real-time content creation for interactive entertainment, yet current implementations struggle with the persistence, consistency, and scalability demanded by modern multiplayer and long-form gaming environments. This paper presents a hybrid server–AI architecture that fuses the deterministic reliability of authoritative multiplayer server frameworks with the creative flexibility of state-aware generative systems. The proposed three-tier design consists of (1) a deterministic server backend leveraging technologies such as Unity Netcode for GameObjects, Unreal Engine 5’s dedicated servers, and Amazon GameLift to maintain authoritative and persistent world state; (2) a state-aware generative layer responsible for producing real-time …

The Eunomics Of Intellectual Property, Shyamkrishna Balganesh

Faculty Scholarship

Originally developed by the legal theorist Lon L. Fuller, eunomics is the “study of good order and workable arrangements,” directed at understanding the structure, form, or ordering adopted by an area of law. Yet, unlike the ordinary analysis of institutional design, eunomics views the form adopted by an area of law as neither preordained nor wholly contingent. Instead, eunomics sees form as playing an important role in clarifying and developing the goals of an area through a means-ends interaction. This Article develops the central insights of Fuller’s eunomics project for intellectual property. Until now, most theoretical accounts of intellectual property …

Trump V. Cook And The American Rule Of For-Cause Removal, Jane Manners, Lev Menand

Faculty Scholarship

Halfway through oral argument in Trump v. Cook, Justice Amy Coney Barrett asked Solicitor General John Sauer when a statute authorizing an officer’s removal should be read to require process. “Why shouldn’t we do the same thing that the Shurtleff court did,” Barrett asked, “and say that, well, as we said in Shurtleff, when a statute specifies the grounds for removal, there must be notice and a hearing given?”

In response, Sauer distinguished between statutes authorizing removal for inefficiency, neglect of duty, or malfeasance in office (INM) — which he conceded require process — and statutes using the more …

Originalism, Official History, And Perspectives Versus Methodologies, Keith N. Hylton

Faculty Scholarship

This paper addresses a well-worn topic: originalism, the theory that judges should interpret the U.S. Constitution in a manner consistent with the intent of its framers. I am interested in the real-world effects of originalism. The primary effect advanced by originalists is the tendency of the approach to constrain the discretion of judges. However, I identify another effect of originalism: the creation of official histories, a practice that imposes a hidden tax on society. Another question I consider is whether originalism should be considered a methodology of analyzing the law or a perspective on the law; I argue that originalism …

Transforming Blood Management Systems In Developing Countries Through Technological And Artificial Intelligence-Driven Innovations, Sandeep Bhargava, Shaun Aaron Abram, Srividhya Ragavan

Faculty Scholarship

It is critical to ensure the safe and quality supply of blood among various stakeholders; however, this remains a significant challenge in today’s world, especially in developing countries. These countries face severe problems, including blood shortages, fragmented regulatory frameworks, and inconsistent quality control measures. To tackle these challenges, countries like India are trying to implement the use of artificial intelligence (AI) and its derivative platforms to transform blood collection, testing, storage, and distribution by enabling interoperability, real-time compliance monitoring, automated donor screening, optimized inventory management, and advanced component separation. The article argues that developing countries must adopt both regulatory reform …

Private Equity, Public Utility, Kristen Van De Biezendos, Melissa Powers

Faculty Scholarship

The explosion of investment in artificial intelligence and cryptocurrencies has spurred a data center boom, with politicians jostling to attract companies to build data centers in their states. The potential financial windfall from these data centers has also attracted the attention of private equity firms, which are seeking to capitalize on the potential riches to be made in supplying these projects with electricity by buying regulated public electric utilities. These utilities are unusual in our capitalist system, in that they are subject to both state and federal regulation regarding their duties to serve the public and the amount they can …

Microfluidic Capillary Transit Velocity As A Functional Measure For Sickle Cell Disease And In Vitro-Derived Red Blood Cells, Solomon Oshabaheebwa, Yuxuan Du, Christopher L. Wirth, Zoe Sekyonda, Zoe Sekyonda, Bryan L. Benson, Payam Fadaei, Yusang B. Ley, Michael A. Suster, Pedram Mohseni, Umut A. Gurkan

Faculty Scholarship

Emerging therapies in sickle cell disease (SCD) aim to restore healthy red blood cell (RBC) function, but they often yield heterogeneous cellular responses. There are no proven techniques to evaluate restored rheological functionality and heterogeneity in these RBCs. We present a biomimetic microcapillary network, high-speed imaging, and computational algorithms to analyze RBC capillary velocity profiles of the entire sample population at single-cell resolution. Using peripheral RBCs from SCD patients and healthy donors, we showed that RBC capillary transit velocity correlated with cell shape, hydrodynamic adaptability, and elongation index. Healthy RBCs exhibited a velocity distribution skewed toward higher values, whereas RBCs …

Thermoelectrochemical Synthesis Of Nanostructured Cupric Oxide (Cuo) Using Kmno4 As An Oxidant, Tony A. Hall, Michael Ibukun Kolawole, Janak Paudel

Faculty Scholarship

This research focuses on combining hydrothermal (hot water treatment) and electrochemical synthesis (EC) forming an advanced method termed ″thermoelectrochemical (TEC)” that introduces a rapid and controllable electrochemical strategy for synthesizing cupric oxide (CuO) nanostructures using potassium permanganate (KMnO4) as an oxidant under a constant electric potential at 75 °C for 3 h. The influence of applied voltage polarity on phase evolution, oxidation state, and morphology was systematically investigated. Under a positive bias of +Δ5 V, the copper substrate was fully oxidized into stoichiometric CuO, as confirmed by sharp XRD reflections, Raman-active Cu−O modes, and EDS spectra dominated by Cu−O composition. …

Barriers, Attitudes, And Solutions For Brain Health Research Training In Lmics: A Trainee Cross-Sectional Study In Uganda, Mark Kaddumukasa, Carla M. Conroy, Christopher J. Burant, Shirley Moore

Faculty Scholarship

Background: Neurological disorders remain a challenge in sub-Saharan Africa, with limited expertise and credible research data to guide interventions and disease prevention. Training the next generation of clinical researchers requires a focused and concerted effort to stem the growing neurological disease burden. The US National Institute of Health (NIH) research training funded through the Fogarty International Center (FIC) Global Brain Disorders Research program gave trainees an opportunity to participate in mentored neurology research and training for 1–2.5 years. We conducted a descriptive cross-sectional study among mentees of 2 FIC research programs to assess the training experience and inform program refinement. …

Unlocking The Benefits Of Transparent And Reusable Science For Climate Risk Management, Adam B. Pollack, Lisa Auermuller, Casey D. Burleyson, Jentry Campbell, Madison Condon, Courtney Cooper, Matteo Coronese, Sönke Dangendorf, James Doss-Gollin, Prabhat Hegde, Casey Helgeson, Robert E. Kopp, Jan Kwakkel, Corey Lesk, Justin Mankin, Robert E. Nicholas, Jennie Rice, Samantha Roth, Vivek Srikrishnan, Moira Scheeler, Nancy Tuana, Chris Vernon, Mengqi Zhao, Klaus Keller

Faculty Scholarship

People around the world seek climate risk information to guide their decisions. For instance, projections about future flood risk inform where households choose to live, how lenders manage credit risks, and which communities receive federal funding. Yet data limitations and fundamental validation challenges raise important concerns about the reliability of such projections. The principles of transparency and reusability help address these concerns by enabling scrutiny of assumptions and methods, development of foundational data and tools, and consistent application of evaluation standards. While there is ongoing debate about how much transparency commercial climate risk services should provide, many expect noncommercial actors …