Digital Commons Network^™

Selective Service And The Separation Of Powers, Jeremy K. Kessler

Faculty Scholarship

The legal history of the U.S. military draft is a case study in creative statutory interpretation. Throughout the twentieth century, this interpretive creativity tended both to expand draft registrants’ substantive and procedural rights, and to recalibrate the roles played by Congress, the courts, and various executive branch factions in the governance of tens of millions of young men. Today’s Military Selective Service Act (“MSSA”) reads much like the law that governed the land when the country last went to war with conscripts during the 1950s and 1960s. But between U.S. entry into the Korean War and its withdrawal from Vietnam, …

Discriminatory Effect(S), W. Kerrel Murray

Faculty Scholarship

In constitutional law, “discriminatory effect” often matters. So it’s surprising how often we don’t quite know what it means. That opacity is trans-substantive; it has been a recent pitfall in contexts as diverse as admissions-policy challenges under the Equal Protection Clause, personal-jurisdiction disputes under the “dormant” Commerce Clause, and, under the Free Exercise Clause, requests for exemptions from facially neutral laws.

This Article’s first corrective is a novel typology. Constitutional discriminatory effect is murky, in part, because it has many types; we perceive it in myriad ways across constitutional domains. Comprehending this complexity enhances our understanding of what discriminatory-effect rules …

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.)

Beyond Subsidies And Mandates: Testing A Simple Behavioral Mechanism To Drive Health Insurance Coverage, Wendy Netter Epstein, Hansoo Ko, Christopher Robertson, Kevin Wilson, David Yokum

Faculty Scholarship

Uninsured individuals face reduced access to care, financial risk, and higher mortality. Although public programs and private subsidies have lowered uninsurance, these mechanisms remain incomplete and politically unstable. We evaluate whether a low-cost outreach intervention can increase health insurance enrollment without altering plan prices. Using a randomized field experiment involving 16,477 uninsured Maryland households, we assigned households to a no-contact control or to receive email and postcard outreach featuring affordability messaging alone or combined with responsibility or community framings. Outreach increased qualified health plan enrollment by 0.699 percentage points and total coverage by 0.967 percentage points relative to control. The …

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 …

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 …

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 …

Effects Of A Carbohydrate + Caffeine Beverage On Game Performance, Blood Glucose And Perceived Effort In Collegiate Women Soccer Players, Andrew Jagim, Abby Ambrosius, Makenna Carpenter, Joesi Krieger, Lochlan Charley, Jennifer Fields, Margaret T. Jones, Chad Kerksick

Faculty Scholarship

Carbohydrate availability and caffeine ingestion have been shown to elicit improvements in performance independently of one another. The purpose of the study was to examine the effect of a carbohydrate + caffeine beverage on performance and perceived effort in soccer players. Forty-three collegiate women’s soccer athletes were recruited to participate during a single day of simulated match play, in which each team played once. Athletes consumed either a carbohydrate + caffeine (Experimental) beverage or a control (Control) beverage (flavored water) during half-time in a double-blind, placebo-controlled, randomized control trial design. Prior to and after each game, Ratings of Perceived Exertion …

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 …

Drug Scheduling As Institutional Design, Matthew B. Lawrence, David E. Pozen

Faculty Scholarship

Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access, and enabled an opioid crisis. To make better choices, this Article argues that the CSA’s institutional design must account for three distinctive features of psychoactive drugs: the prohibition problem (drug bans tend to backfire when demand is inelastic), the pharma problem (drug companies have supercharged incentives to manipulate markets and exploit consumers), and the pluralism problem (drug policy involves irreducibly political questions that no expert discipline can answer). On their own, each of these problems calls for reform to the CSA. Taken together, they call …

The Poly Problem In Zoning: Redefining "Family" For A Changing Society, Aric K. Short, Tanya Pierce

Faculty Scholarship

Single-family zoning has long dictated not only where people may live but also with whom. Although extensively critiqued for perpetuating racial and economic exclusion, these laws also privilege relationships defined by blood, marriage, or adoption and marginalize nontraditional families. This Article focuses on a particularly overlooked group: polyamorous families who often face legal uncertainty, social exclusion, and housing discrimination due to restrictive zoning definitions of “family.”

As polyamory gains cultural visibility and increasing legal recognition—through West 49th Street, LLC v. O’Neill and municipal reforms in cities like Somerville and Cambridge—now is the time to examine zoningÊs role in reinforcing outdated …

Does Law Constitute Society?, Jeremy K. Kessler

Faculty Scholarship

The resistance of capitalist inequality to legal reform has led a growing number of scholars to reconsider the explanatory virtues of Marxist legal thought. But what are those virtues? Some scholars hold that what makes Marxist legal thought special is its ability to explain the development of legal relationships in terms of the development of extra-legal relationships — specifically, the relations of production as they adapt to changes in the productive forces. Other scholars argue that this focus on the causal process by which extra-legal change (or stasis) drives legal change (or stasis) is too reductive. They contend that Marxist …

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 …

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 …

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 …

Women In Law And The Draft, Thomas Helgerman, Benjamin David Pyle

Faculty Scholarship

Between 1964 and 1973, women’s representation in full-time law school programs rose fivefold, from 3.7% to 20.1%. This paper examines whether Vietnam War draft policy contributed to this increase. In 1968, men enrolled in law school lost eligibility for 2-S student deferments, threatening law schools’ tuition revenues and incentivizing schools to admit more women to stabilize enrollment. To test this mechanism, we construct a school-by-year dataset of enrollment counts split by women/men and full-time/part-time status. Using a uniform adoption difference-in-differences design, we find that women’s representation rises by 2 percentage points in full-time programs relative to part-time programs (which were …

The Spectrum Of Bipolar Disorder In Older Adults, Hui Xin Ng, Martha Sajatovic

Faculty Scholarship

The absolute number and relative proportion of individuals with older-age bipolar disorder (OABD) is expected to rise due to the global aging of the population, necessitating a greater understanding of the unique characteristics of OABD and the trajectory of aging with BD in order to improve the health span of people with BD. This review summarizes current knowledge on OABD, examining its clinical presentation, neurobiology, and treatment, as well as identifying key gaps and future directions for research. OABD is characterized by relatively greater cognitive impairment and somatic burden, despite potentially reduced mood symptom severity compared to younger-age bipolar disorder …

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 …

Existence Of Traveling Waves Of Lotka Volterra Type Models With Delayed Diffusion Term And Partial Quasimonotonicity, William Barker

Faculty Scholarship

This paper investigates the existence of traveling wave solutions for diffusive two-species Lotka–Volterra systems with delays in both the reaction and diffusion terms under partial monotonicity assumptions. The model incorporates small-memory effects in the homo- geneous diffusion term, representing a modification of the random-walk interpretation underlying Fick’s law. We extend the partial (cross) monotone iteration method to systems satisfying a partial quasi-monotone condition through the construction of appropriate upper and lower solutions. Convergence of the iteration is established using Schauder’s fixed point theorem.

The Brady Materiality Standard, Brandon L. Garrett, Adam M. Gershowitz

Faculty Scholarship

The Brady doctrine requires prosecutors to disclose all favorable and material evidence to the defense. To effectuate that rule, the U.S. Supreme Court has defined materiality as a “reasonable probability” that the evidence would have affected the outcome at trial. But apart from that definition, the Court has resisted offering any further guidance to lower courts. While far too little is known about how Brady materiality claims are actually adjudicated, there is strong evidence that courts often reject Brady claims involving withheld evidence on the grounds that the evidence was not significant enough to be material.

To examine how Brady …

Owning The Green Grid: The Political Economy Of Renewable Energy Policy Design, Joshua A. Basseches

Faculty Scholarship

How corporate ownership of the electricity grid matters to state-level renewable energy policymaking.

Historically (and for the foreseeable future), most public policy action in the United States to combat the global climate crisis has taken place at the state level. Former President Joe Biden’s administration marked a significant departure from that trend, as his policies pursued a strategy of “electrify everything” (transportation, buildings, and industry). But who owns the electricity system that is the linchpin of such a strategy, and how does this ownership affect the policy preferences of interest groups at the state level? Owning the Green Grid addresses …

Clinical Correlates Of Insomnia Symptoms In Young Children With Autism Spectrum Disorder, Megan L. Wenzell, Stephanie Griggs, Camdyn Roark, Megha Patil, Manav Patel

Faculty Scholarship

Objective: To examine clinical correlates of insomnia symptoms in children with autism spectrum disorder ascertained from a general outpatient autism clinic. Study design: This analysis included 103 children with autism spectrum disorder (mean age = 5.8 ± 2.2 years; range 2-10, 77.7% male). A multidisciplinary team assessed medical and psychosocial histories using parent ratings from the Pediatric Autism Insomnia Rating Scale (PAIRS), Aberrant Behavior Checklist (ABC), Brief Autism Mealtime Behavior Inventory, and the Parent Health-Related Quality of Life and Family Functioning and Family Functioning Surveys. Height and weight were collected. Children in the current sample with scores on the PAIRS …

Unwanted Medical Treatment Harms Patients: Taxonomy Of Healthcare Consent Infractions, Thaddeus Pope

Faculty Scholarship

Patients in the United States are subject to an ever-growing “avalanche” of unwanted medical treatment (UMT).  This is ethically, economically, and legally wrong. First, UMT constitutes a serious violation of patient autonomy and self-determination.  Second, it is waste (and often fraud or abuse) of scarce healthcare resources.  Third, but for rare exceptions, administering UMT contravenes settled legal rules and principles around consent and battery.

This article describe four types of unwanted medical treatment and how the law addresses (or fails to address) them.  The four types of UMT are (1) treatment over patient objections, (2) treatment with zero consent, (3) …

Beyond Digital Pessimism: How A Focus On Trust Can Enhance Eu Digital Law, Neil Richards, Woodrow Hartzog, Claire Boine, Lea Despotis

Faculty Scholarship

Lawmakers looking to foster technological innovation on the European market are adopting laws they hope will promote consumer trust in digital products. Their strategy can be broken down into three components. First, they aim to empower consumers to choose how much data they want to share with companies through an express consent framework. Second, they seek to avoid harms from digital products through product safety law such as adapting the Product Safety Regulation to digital products or adopting the AI Act. Third, they endeavor to prevent manipulation of consumers through digital means.

In this essay, we argue that while laudable, …

The Anonymous Officer, Shawn E. Fields

Faculty Scholarship

(Forthcoming 2026) Masked, plainclothes immigration agents in unmarked vans have terrorized communities in Chicago, Los Angeles, Minneapolis, and beyond. The indiscriminate violence committed by federal officers who at times appear indistinguishable from paramilitary units has forced immigrants into hiding and left lawmakers scrambling to address a growing and largely legal anonymity crisis in law enforcement. This Article explores the undertheorized implications of anonymous law enforcement, situating the rise of masked policing within a larger project of democratic retrogression and executive aggrandizement. Anonymity in policing and immigration enforcement frustrates core democratic norms of transparency, accountability, and legitimacy, providing the opacity needed …