Digital Commons Network^™

Loper Bright And The Future Of Chevron Deference, Jack M. Beermann

Faculty Scholarship

The question presented in Loper Bright Industries v. Raimondo¹ is “[w]hether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.” The Court denied certiorari on another question focused on the merits of the case,² indicating that at least four of the Justices are anxious to revisit or at least clarify Chevron. It’s about time, although it’s far from certain that the Court will actually follow through with the promise the certiorari grant indicates.^{3 …}

Symposium: Gender, Health, And The Constitution: Gender-Affirming Care And Children's Liberty, Dara Purvis

Faculty Scholarship

This essay addresses the wave of statutes banning gender-affirming care for transgender and gender-diverse minors passed in states across the country over the last three years. It argues that an underdeveloped understanding of children’s rights makes it more difficult to explain how harmful gender-affirming care bans are and to challenge them in court. After explaining the nature of gender-affirming care, the essay discusses the grounds underlying existing challenges to gender-affirming care bans, highlighting the emphasis on equal protection and parental rights. It concludes by reframing the children’s liberty argument and exploring what the broader consequences of courts recognizing such a …

Governing Generative Ai, Daryl Lim

Faculty Scholarship

This Article paper explores the evolving landscape of copyright law in the age of generative artificial intelligence, dissecting the multifaceted challenges and opportunities it presents for creators, legal practitioners, and policymakers. Part I, “Governing Authorship,” delves into the existential questions AI poses to traditional notions of creativity and authorship, illustrating the tension between innovation and the preservation of human creators’ rights within existing legal frameworks. Part II, “Governing Infringement,” examines the intricate issues of copyright infringement in the digital era, especially the unauthorized use of copyrighted content by AI for training purposes and the exploration of private ordering mechanisms as …

Would Jackie Robinson Play Baseball Today? How Baseball Owners Conspire To Restrain Trade And Foster Unequal Opportunities For Player Development, Stephen Ross

Faculty Scholarship

No abstract provided.

Beyond Profit Motives, William J. Moon

Faculty Scholarship

Why do corporations exist? Generations of legal scholars have debated both the origins of business corporations and their purpose.1 Professor Stephen Bainbridge’s new book The Profit Motive: Defending Shareholder Value Maximization is a substantial contribution to this literature and an essential read for anyone who wishes to better understand a controversy that has an immense impact on how movers and shakers of today’s largest corporations make decisions.

Grid Reliability In The Electric Era, Joshua C. Macey, Shelley Welton, Hannah Jacobs Wiseman

Faculty Scholarship

The United States has delegated the responsibility of keeping the lights on to a self-regulatory organization called the North American Electric Reliability Corporation (NERC). Although NERC is a crucial example of industry-led governance—and regulates in an area that is central to our economy and basic human survival—this unusual institution has received scant attention from policymakers and scholars. Such attention is overdue. To decarbonize its economy, the United States must enter a new “electric era,” transitioning many sectors to run on electricity while also transforming the electricity system itself to run largely on clean but intermittent renewable resources. These new resources …

The Missing Millions: Cy Pres In Federal Securities Class Actions, Scott Dodson, Joseph A. Grundfest

Faculty Scholarship

Under prevailing cy pres doctrine, class-action-settlement residuals that cannot efficiently or fairly be distributed to the class may be distributed to a third party that represents the “next best” recipient consistent with class interests. Judges embrace cy pres despite theoretical concerns over inattention, conflicts, and abuse. We shed empirical light on the cy pres debate by examining an original, hand-collected dataset of 373 class-action settlements entered between 2010 and 2018. We document that the theoretical concerns have empirical merit. More than 57% of the settlements lack any evidence in the public record of the identity or court approval of cy …

What Mediation Romantics Can Learn From The Model T (Or Maybe The Chevrolet Trax), Nancy A. Welsh

Faculty Scholarship

When mediation was reintroduced to the U.S. in the 1970s, it was infused with a democracy-and-self-determination-enhancing, social justice ethos. As the process has been very successfully institutionalized, however, these ambitions have been scaled backalthough, at least arguably, certain "mediative elements" have actually been adopted (or coopted) by other procedural innovations. Perhaps it is time for those of us frustrated with the evolution of mediation to reconcile ourselves to the reality and value of a "basic" model of mediation designed for the sole purpose of getting parties from dispute to settlement-in much the same way that the basic model of a …

Earlier Use Of Long-Acting Injectable Paliperidone Palmitate Once-Monthly Versus Oral Antipsychotics In Patients With Schizophrenia: An Integrated Patient-Level Meta Analysis Of The Prosipal And Pride Studies, Martha Sajatovic

Faculty Scholarship

Purpose: A previous integrated patient-level analysis demonstrated a significant benefit of implementing once-monthly injectable paliperidone palmitate (PP1M) earlier in the treatment course for schizophrenia. Earlier therapeutic interventions during the first 3–5 years after disease onset can positively impact long-term outcomes in schizophrenia. This present analysis evaluated the risk of relapse both overall and by different durations of illness (0–3 years, >3–5 years, and >5 years from diagnosis) in adult patients with schizophrenia who received PP1M or oral antipsychotics (OAPs). Patients and Methods: This analysis included integrated patient-level data from the Paliperidone Palmitate Research in Demonstrating Effectiveness (PRIDE) and Prevention of …

Stroke Recurrence Rate And Risk Factors Among Stroke Survivors In Sub-Saharan Africa: A Systematic Review, Christopher J. Burant, Shirley Moore, Carol Bixen, Martha Sajatovic

Faculty Scholarship

Purpose: Evidence supporting secondary stroke in sub-Saharan Africa is scarce. This study describes the incidence of stroke recurrence and associated risk factors in sub-Saharan Africa. Methods and Materials: Scientific databases were systematically searched from January 2000 to December 2022 for population-based observational studies, case-control or cohort studies of recurrent stroke involving adults aged 18 years and above in sub-Saharan Africa (SSA). We assessed the quality of the eligible studies using the Critical Appraisal Skills Program (CASP) checklist for observational studies. Results: Six studies met the inclusion criteria and were included in this study. Stroke recurrence rates in SSA ranged from …

Leczenie Uzależnień Materiały Na Zamówienie [Addiction Treatment: Requested Materials], Jaroslaw Richard Romaniuk

Faculty Scholarship

Książka będąca poradnikiem i przewodnikiem po świecie uzależnień jest zbiorem wcześniej opublikowanych artykułów autora, który ma bardzo bogate doświadczenie teoretyczne i praktyczne w tym zakresie. Autor pokazuje swoje spojrzenie na uzależnienia chemiczne i behawioralne, na rolę stresu i traumy w leczeniu uzależnień. Niejako przy okazji dzieli się szeroką i ugruntowaną wiedzą o najnowszych metodach leczenia w USA i wyjaśnia wiele kwestii związanych poruszanymi zagadnieniami, jednocześnie wskazując na wiele wątpliwości i pytań, na które trudno udzielić jednoznacznej odpowiedzi. Tym samym dowodzi, że problematyka uzależnień i ich leczenia jest wielowymiarowa i skomplikowana, co utrudnia stosowanie metod i praktyk.

Głównym walorem tej książki …

Municipal Abortion Bans: When Local Control Clashes With State Power, Laura D. Hermer

Faculty Scholarship

Anti-abortion activists are using different strategies in different states. Some focus on restricting zoning for abortion clinics. Others address the licensure of abortion providers. Some purport to create a cause of action for private individuals to sue neighbors and others in their municipality who get an abortion. Still, others seek to enforce the federal Comstock Act, alleging that it prohibits the mailing of abortifacients and preempts state abortion law to the contrary.

This Article evaluates the likely success of each of these strategies in two states in which they are currently being tried: Nebraska and New Mexico. Part I will …

Integrating Art And Ai: Evaluating The Educational Impact Of Ai Tools In Digital Art History Learning, James Hutson

Faculty Scholarship

This study delves into the burgeoning intersection of Artificial Intelligence (AI) and art history education, an area that has been relatively unexplored. The research focuses on how AI art generators impact learning outcomes in art history for both undergraduate and graduate students enrolled in Ancient Art courses, covering eras from ancient Mesopotamia to the fall of Rome. Utilizing a mixed-methods approach, the study analyzes AI-generated artworks, reflective essays, and survey responses to assess how these generative tools influence students’ comprehension, engagement, and creative interpretation of historical artworks. The study reveals that the use of AI tools in art history not …

Accommodating Trans Rights, Susan Hazeldean

Faculty Scholarship

No abstract provided.

Equity For Intermediaries: The Resolution Of Financial Firms In Bankruptcy And Bank Resolution, Edward Janger

Faculty Scholarship

No abstract provided.

Delegation Run Amok, George A. Bermann

Faculty Scholarship

The proper allocation of authority between courts and arbitral tribunals over the enforceability of agreements to arbitrate has long occupied a central place in United States arbitration law, domestic and international alike. From US Supreme Court case law over the years, there has emerged a reasonably well-understood distinction between those issues of enforceability that a court will address if asked by a party to do so and those that it will not. Fundamental to the Court’s jurisprudence is a recognition that some enforceability issues — “gateway issues” — so seriously implicate the consent of parties to arbitrate their disputes that …

The Harm Of "Nothing Burgers", Joshua Gupta-Kagan

Faculty Scholarship

Child protective services (CPS) agencies subject a wide scope of families to investigation, and the vast majority do not lead to family separations or family court cases. A 2017 study, for instance, showing that 37% of all children and 53% of Black children are the subject of CPS investigations in their childhoods, has now been cited hundreds of times. Kelley Fong’s new book, Investigating Families, is based on the months she spent embedded with CPS investigators responding to allegations that parents abused or (more often) neglected their children, and the interviews she conducted with both investigators and the parents …

Post-Pandemic Perspectives On Academic Librarian Recruitment Practices: Insights From Job Seekers, Louise L. Lowe, Christopher Stewart, J.B. Hill, Jenna Eastwood Hill

Faculty Scholarship

The recruitment and retention of skilled librarians is essential to the success of academic libraries. However, recruitment practices have failed to adjust to the needs of librarians and the evolving job market. The COVID-19 pandemic exacerbated this challenge, further emphasizing the need to reform recruitment efforts. This study reports on the results of a survey conducted in 2023 and 2024 to explore the experiences of 166 job seekers applying for academic librarian jobs in the United States between 2020 and 2023. The findings highlight the importance of candidate-centered practices in the recruitment process, as well as the creation of positions …

Mass Accommodations: Signposts To A Hidden Jurisprudence, Shirley Lin

Faculty Scholarship

No abstract provided.

Diverse Originalism, History & Tradition, Christina Mulligan

Faculty Scholarship

No abstract provided.

Repurposed Energy, Hannah Jacobs Wiseman, Alexandra Klass

Faculty Scholarship

Wildfires, weather extremes, and other conditions induced partially by climate change add urgency to the project of accelerating the clean energy transition from fossil fuels to zero-carbon energy infrastructure. Yet the hurdles to accomplishing such a massive industrial-scale transition are daunting. Indeed, large renewable energy generation projects regularly face denials or project-killing delays across the United States. This Article proposes a national policy to channel the bulk of new clean energy projects to targeted categories of both rural lands and urban, post-industrial lands that we define collectively as “repurposed energy” sites. Such lands will consist of marginal farmland, abandoned coal …

Advancing Human Rights And The Rule Of Law In Haiti, Kate E. Bloch, Ariel Chéry, Marie Gerda Dorcy, Roxane Edmond Dimanche, Yvon Janvier, Maxo Mezilas, Benjamin Trouille

Faculty Scholarship

The rule of law in Haiti is precarious. The ESCDROJ law school clinic in the town of Jérémie champions indigent individuals whose human rights are under siege during their prolonged and unconstitutional pre-trial connement in prison. To our knowledge, it is the only operating in-house law school clinic in Ha1iti. Despite myriad obstacles, during its initial pre-pandemic period of op- eration in 2018-2019, the inaugural clinic team represented clients in 43 cases brought to trial and succeeded in garnering the release of 25 of those individuals. That is a trial release success rate of over 58%. Subsequently, however, the ad- …

Psychic Income & Democratized Investing, Abraham J.B. Cable

Faculty Scholarship

No abstract provided.

First Amendment Disequilibrium, Christina Koningisor, Lyrissa Lidsky

Faculty Scholarship

The Supreme Court has constructed key parts of First Amendment law around two underlying assumptions. The first is that the press is a powerful actor capable of obtaining government information and checking government power. The second is that the executive branch is bound by various internal and external constraints that limit its ability to keep information secret. Judges and legislators have long assumed that these twin forces—an emboldened press and a constrained executive—maintain a rough balance between the press’s desire to uncover secrets and the executive’s desire to keep information hidden. Landmark First Amendment cases such as the Pentagon Papers …

Mutiny For A Bounty, Emily Strauss, Joseph A. Grundfest

Faculty Scholarship

Experience teaches that attorneys may violate duties of confidentiality and trust to pursue personal gain. Multiple insider trading, embezzlement, and fraud prosecutions prove the point. The Dodd-Frank Act of 2010 establishes a bounty regime whereby certain whistleblowers are eligible for awards of 10%–30% of Securities and Exchange Commission (“SEC”) enforcement recoveries exceeding $1 million. Since its inception, this program has paid at least 207 whistleblowers more than $1 billion. The Commission’s bounty program thus may be a meaningful inducement to breach privilege.

The SEC asserts that its whistleblower authority preempts state law and that it can accept attorney–client privileged information. …

Access To Care And Outcomes With The Affordable Care Act For Persons With Criminal Legal Involvement: A Scoping Review, James René Jolin, Benjamin A. Barsky, Carrie G. Wade, Meredith B. Rosenthal

Faculty Scholarship

IMPORTANCE By expanding health insurance to millions of people in the US, the Patient Protection and Affordable Care Act (ACA) may have important health, economic, and social welfare implications for people with criminal legal involvement—a population with disproportionately high morbidity and mortality rates.

OBJECTIVE To scope the literature for studies assessing the association of any provision of the ACA with 5 types of outcomes, including insurance coverage rates, access to care, health outcomes, costs of care, and social welfare outcomes among people with criminal legal involvement.

EVIDENCE REVIEW The literature search included results from PubMed, CINAHL Complete, APA Psycinfo, Embase, …

Natural Language Processing And Neurosymbolic Ai: The Role Of Neural Networks With Knowledge-Guided Symbolic Approaches, Emily Barnes, James Hutson

Faculty Scholarship

Neurosymbolic AI (NeSy AI) represents a groundbreaking approach in the realm of Natural Language Processing (NLP), merging the pattern recognition of neural networks with the structured reasoning of symbolic AI to address the complexities of human language. This study investigates the effectiveness of neurosymbolic AI in providing nuanced understanding and contextually relevant responses, driven by the need to overcome the limitations of existing models in handling complex linguistic tasks and abstract reasoning. Employing a hybrid methodology that combines multimodal contextual modeling with rule-governed inferences and memory activations, the research delves into specific applications like Named Entity Recognition (NER), where architectures …

Role Of Wave3 As An Actin Binding Protein In The Pathology Of Triple Negative Breast Cancer, Lamyae El Khalki, Khalid Sossey-Alaoui

Faculty Scholarship

Breast cancer, a prevalent global health concern, has sparked extensive research efforts, particularly focusing on triple negative breast cancer (TNBC), a subtype lacking estrogen receptor (ER), progesterone receptor, and epidermal growth factor receptor. TNBC's aggressive nature and resistance to hormone-based therapies heightens the risk of tumor progression and recurrence. Actin-binding proteins, specifically WAVE3 from the Wiskott–Aldrich syndrome protein (WASP) family, have emerged as major drivers in understanding TNBC biology. This review delves into the intricate molecular makeup of TNBC, shedding light on actin's fundamental role in cellular processes. Actin, a structural element in the cytoskeleton, regulates various cellular pathways essential …

Mythical Adverse Effect, Naveen Thomas

Faculty Scholarship

No abstract provided.

Temporary Protection For Ukrainians In The European Union: Why Now And When Again, Maryellen Fullerton

Faculty Scholarship

No abstract provided.