Digital Commons Network^™

Teaching Legal Research Students To Be The "Human In The Loop", Julie Tedjeske Crane

Faculty Scholarship

No abstract provided.

Governing The Energy Bottleneck, Hannah Jacobs Wiseman, Matthew Mchale

Faculty Scholarship

The electrical grid is falling short of its mandate to accommodate new generation—much of which happens to be “clean” zero-carbon generation—and to service load (demand). The bottleneck of grid access, which has vexed renewable energy developers, now affects industries seeking massive quantities of electricity to power single facilities— “large loads” such as data centers and other artificial intelligence operations.

Many of these highly capitalized loads seek clean energy generation; they could, in theory, fund an energy renaissance and provide scale-based benefits for all consumers. But loads that obtain service  are negatively impacting other consumers’ rates and, potentially, the reliability of …

Music Listening While Studying And Academic Performance Among College Students With Attention Deficit And Hyperactivity Disorder, Raihan K. Khan, Md Towfiqul Alam, Madalynn Nofplot, Sojib Bin Zaman, Catherine L. Zaman

Faculty Scholarship

Evidence on whether music listening supports academic performance, particularly among students with attention deficit and hyperactivity disorder (ADHD), remains mixed. We explored associations between music listening while studying and academic performance (GPA: grade point average) among college students, and to evaluate whether the associations differed by ADHD status. We analyzed cross-sectional survey data from college students and conducted linear regression models with self-reported GPA as the dependent variable. Models were adjusted for sex, academic level, college affiliation, primary study location, weekly study hours, and preferred genre of music. A total of 541 students participated. Most of the students were at …

Generative Artificial Intelligence With A Human Touch: Building Hana, Conrad Johnson

Faculty Scholarship

This Essay examines how generative artificial intelligence (GenAI) can be integrated into legal education and public interest law practice in a way that meaningfully enhances — rather than diminishes — human judgment, professional responsibility, and access to justice. Drawing on the experience of Columbia Law School’s Lawyering in the Digital Age Clinic, the Essay situates GenAI within an experiential pedagogy that emphasizes competence, ethical awareness, and collaborative problem-solving. It argues that law students and lawyers must move beyond a passive or uncritical use of GenAI tools; toward a deeper understanding of how these systems operate, the risks they pose, and …

False Conflict: Colorblindness And Section 2 Of The Voting Rights Act, W. Kerrel Murray

Faculty Scholarship

If friends and foes of section 2 of the Voting Rights Act of 1965 agree on one thing, it is the irrepressible conflict between section 2’s attention to race and constitutional colorblindness.  They’re wrong.  Rightly understood, section 2’s design is remarkably compatible with colorblind constitutionalism’s letter and spirit.

To show how, this Article first returns to section 2’s origins and the preexisting approach its text codifies.  That approach had an underappreciated ethos:  When intentional discrimination’s effects sufficiently distort a political system, an electoral rule’s results might impugn its unconstitutionality, even if the rule had been adopted without discriminatory purpose.  Drawing …

Ai In Criminal Justice: Against The Trade Secret Privilege, Rebecca Wexler

Faculty Scholarship

The criminal justice system is becoming automated. At every stage, from policing to evidence to parole, AI tools and other technologies guide outcomes. Debates over the pros and cons of these technologies have overlooked a crucial issue: ownership. Developers often claim that details about how their tools work are trade secrets and refuse to disclose that information to criminal defendants or their attorneys. The introduction of intellectual property claims into the criminal justice system raises under-theorised tensions between life, liberty, and property interests. This chapter argues that trade secrets should not be privileged in criminal proceedings. A criminal trade secret …

Democratic Abundance: An Abundance That Works For Workers, Kate Andrias, Alexander Hertel-Fernandez

Faculty Scholarship

The “abundance agenda” identifies a worthy goal: to ask what people really need and to organize government to make sure there is enough of it, including by eliminating unnecessary delays and veto points. However, abundance’s theory of why government fails to provide the goods people need and how to change that reality falls short. As critics have argued, abundance is insufficiently attentive to questions of political power and distribution, undervalues democratic participation, and sidelines discussions about trade-offs, including around the importance of protecting labor standards and the environment. Centering the role of workers and organized labor helps respond to all …

Inexcuseable? Building An Artificial Intelligence Microexpert On Contract Excuse Doctrine, Mark Edwin Burge

Faculty Scholarship

This article details and advocates for a general methodology for creating a "microexpert" grounded in a user-defined set of legal sources and widelyaccessible tools for integrating generative artificial intelligence (AI) into legal analysis. The study focuses particularly on background contract excuse doctrines of impossibility, impracticability, and frustration of purpose, which are collectively a methodologically challenging area of law to rationalize due to factintensive variables that undermine their predictability. Particular challenges include assessing the foreseeability of the event that led to the contract's nonperformance, the extent of the hardship or burden on the party seeking excuse, and the purpose of the …

Tokenized Real Estate: The Law And Tech Of Digital Deeds, Christopher K. Odinet, Andrea Tosato

Faculty Scholarship

The advent of blockchain technology has generated bold claims that non-fungible tokens (NFTs) can fundamentally transform real estate. Proponents assert that digital assets can tokenize real property interests: the concept of using digital tokens to represent ownership rights in physical property. Their goal is to allow buyers and sellers to transfer real estate through simple blockchain transactions, thereby eliminating traditional intermediaries, reducing costs, and accelerating deal velocity. This Essay provides the first comprehensive legal analysis examining whether American law actually supports such a direct tokenization of real estate rights.

Our investigation reveals a stark disconnect between technological capability and legal …

Zombie Litigation: Claim Aggregation, Litigant Autonomy And Funders' Intermeddling, Maya Steinitz

Faculty Scholarship

The main debate surrounding litigation funding in recent years has focused on the question of disclosure of funding agreements.  While the issue is important, predominantly because of its effects on the course and outcome of individual cases, far more important are bigger, interrelated questions that have systemic effects on the civil justice system, the legal profession, and the nature of the attorney-client relationship.  The rise of litigation funding has had profound effects.  The subsequent rise of portfolio funding—which I here propose to  view as a new form of undisclosed and unregulated claim  aggregation—has broader-still effects including clients’ potential, and at …

The Territorial Continuum: American Samoa, Criminal Adjudication, And Territorial Administration, Emmanuel Hiram Arnaud

Faculty Scholarship

The standard account of American territorial expansion posits that territorial acquisition moved along a spectrum of sovereignty. The federal government acquired new inhabited land through conquest or purchase, and the Constitution tasked Congress with organizing and administering the new territories until they were ready to become states. That pattern came to an abrupt halt in 1898 when, at the conclusion of the Spanish-American War, the Supreme Court, fearing the extension of citizenship to, and the permanent integration of, non-White populations into the American polity, suddenly pronounced that the Constitution authorized the holding of colonies. The Court thus sentenced new territories, …

The Human Right To A Healthy Environment: Corporate Responsibility In Critical Mineral Extraction, Erika George

Faculty Scholarship

This paper argues that the emerging human right to a clean, healthy, and sustainable environment should guide the governance of critical minerals by incorporating the corporate responsibility to respect human rights throughout supply chains to ensure a racially just energy transition. It frames the climate crisis within the history and political economy of racial capitalism, contending that without rights-based guardrails, mineral supply chains risk reproducing the extractive harms and racialized disparities of the fossil fuel era, including labor abuses, displacement, water depletion, and violence disproportionately borne by racialized and Indigenous communities. Methodologically, the paper combines doctrinal analysis of international norms …

Birthdate Phaseout To A Nicotine Free Generation, Katharine B. Silbaugh

Faculty Scholarship

This Article explores the Nicotine Free Generation ("NFG") policy, an emerging endgame strategy for tobacco products that employs a completely novel legal design. Tobacco remains the leading cause of preventable death, killing almost half of its users and imposing $600 billion in social costs each year. We see two basic choices for regulating sales: prohibition or a legal age-gate, such as twenty-one, for retail sales. NFG charts a third way. Recognizing the dire harm of tobacco and the serious consequences of abrupt prohibition, NFG lays the groundwork for a gradual transition to a sales sunset. In place of the twenty-one …

Grading Machines: Can Ai Exam-Grading Replace Law Professors?, Kevin L. Cope, Jen Frankenreiter, Scott Hirst, Eric A. Posner, Daniel Schwarcz, Dane Thorley

Faculty Scholarship

In the past few years, large language models (LLMs) have achieved significant technical advances, such that legal-advocacy organizations are increasingly adopting them as complements to—or substitutes for—lawyers and other human experts. Several studies have examined LLMs' performance in taking law school exams, finding mixed results. Yet there have been no published studies systematically analyzing LLMs' competence at one of law professors' chief responsibilities: grading law school exams. This paper presents results of an analysis of how LLMs perform in evaluating student responses to legal analysis questions of the kind typically administered in law school exams. The underlying data come from …

On Predicting And Stopping Dystopia, Evan Selinger, Woodrow Hartzog

Faculty Scholarship

Is it reasonable to be dystopian about how the future will likely unfold? We think so. For some time, we have been arguing that facial recognition technology is a perfect tool of oppression, and that its pernicious affordances are leading society down a slippery slope toward the evisceration of privacy by obscurity. This is a soft form of “determinism”—the notion that while technology is not an unstoppable force and the future is not preordained, there nevertheless are identifiable factors, such as the invitingness of affordances, human nature, and incentives that drive technology in certain directions and make some social outcomes …

Interior Optimal Imprisonment Under Diminishing Marginal Disutility, Tim Friehe, Murat C. Mungan

Faculty Scholarship

This note revisits the important question of how fines and imprisonment should be optimally employed. In D’Antoni et al. (2022), a monotone hazard rate condition implies a corner solution for imprisonment in the observable-wealth benchmark when imprisonment disutility is linear. We show that this result is not robust to offenders facing diminishing marginal disutility of imprisonment. The optimal prison term is interior as long as the marginal disutility associated with large imprisonment terms are low and the harms from the offense are large enough to warrant imprisonment. The sentence length thus becomes a genuine policy margin rather than a boundary …

Uncomfortably Reminiscent: Odonnell V. Harris County In History And Memory, Kellen R. Funk

Faculty Scholarship

In ODonnell v. Harris County, a federal trial court enjoined the misdemeanor bail system of Houston, Texas, freeing approximately 20,000 indigent defendants annually. To do this, the trial court drew upon Reconstruction era precedents establishing intensive federal oversight of state criminal proceedings. The court explicitly invoked the Civil War and Reconstruction transformation of the federal judiciary, comparing the County’s defenses to slavery era arguments. Conversely, when the en banc Fifth Circuit reviewed a similar order in Dallas, Texas, six years later, it rejected this historical framework, condemning such litigation as an impermissible “ongoing federal audit of state criminal proceedings.” …

Traveling Waves In Reaction-Diffusion Equations With Delay In The Diffusion Term, William Barker, Van Minh Nguyen

Faculty Scholarship

We investigate the existence of traveling wave solutions for the reaction–diffusion equation ∂u(x,t)∂t=Δu(x,t−τ1)+f(u(x,t),u(x,t−τ2)), where τ1, τ2 > 0. This model is motivated by ecological applications in which migration rates incorporate historical effects and reproduction/death processes are subject to time delays at a given location. To address such systems under standard monotonicity assumptions, we extend the classical monotone iteration method. A key step involves a thorough investigation of the Green function associated with the functional equation x″(t)−ax′(t+r)−bx(t+r)=f(t), where a ≠ 0 and b > 0. Building on the resulting framework, we construct quasi-upper and lower solutions for the Belousov–Zhabotinski equations, thereby demonstrating the …

The Racial Implications For Black Claimants At The Federal Arbitration Act's Centennial, Michael Z. Green

Faculty Scholarship

On February 12, 1925, when President Calvin Coolidge signed into law an Act to make arbitration agreements "valid, irrevocable, and enforceable," no person could have expected that this new statute would ever apply to claims by Black litigants. A century later, that law, now referred to as the Federal Arbitration Act (FAA), has evolved to encompass disputes involving a broad array of claimants and processes where businesses enforce pre-dispute agreements to arbitrate. In examining whether Black claimants (businesses, consumers, and importantly, workers) may benefit from using arbitration, this Article investigates how the FAA, as enacted, never intended to address their …

Trust, Transparency, And The Fragile Promise Of Data Governance In The Era Of Modernization, Fallon Julia Cochlin, Regen Weber-Fares, Jami Crespo, William M. Sage, Cason Daniel Schmit

Faculty Scholarship

Public health data modernization in the United States has accelerated since COVID-19 exposed systemic weaknesses in fragmented data infrastructure and governance. Technical solutions have advanced, but legal and relational barriers still complicate data sharing across jurisdictions. Traditionally, interjurisdictional data sharing has relied on individually negotiated Data Use Agreements (DUAs), a process that is both resource-heavy and often opaque. To address this, the Centers for Disease Control and Prevention have proposed a Core DUA to standardize terms and reduce administrative burden. However, its success depends on trust — a fragile foundation increasingly strained by politicization, perceived lack of transparency, and controversial …

Medical-Legal Partnership As Value-Based Primary Care: Interprofessional Teamwork For Health-Related Social Needs, Jin K. Park, Andrew F. Beck, Keegan D. Warren, William M. Sage

Faculty Scholarship

Today’s primary care physicians are being asked to address patients’ health-related social needs (HRSN) as part of their routine care practices. An aging population, with a growing complement of intersecting medical and social needs, increases this burden on primary care. Medical-legal partnerships (MLP) are interprofessional collaborations that combine clinical and legal expertise to address HRSN involving housing, public benefits, employment, and other domains remediable by civil legal assistance. A value-based approach to integrating MLP into the health system may help primary care practices more effectively address HRSN and, in turn, better balance revenue and expenses. At the practice and healthcare …

An International Approach To Homelessness. Part Ii. Slums Demolition Or Upgrading?, Pranit Lanjewar, Jaroslaw Richard Romaniuk

Faculty Scholarship

In search of the best approach to eradicating homelessness in underdeveloped countries with large populations, we conducted interviews with professionals involved in different models of helping the unhoused. Although it has been established that the Housing First model combined with human services is the best model to end homelessness, the cost of housing might be prohibitive for many national governments. In situations where governments are over-whelmed by the numbers of homeless people, communities and organizations develop specific methods and practices to meet the needs of unhoused individuals. For the purpose of this paper, phenomenological research was undertaken to learn how …

Beyond The Building: Leveraging A Library Renovation To Tell A Broader Story, Kristen S. Shuyler

Faculty Scholarship

A library renovation presents a unique communication challenge, requiring a thoughtful strategy that minimizes disruption while building anticipation. When James Madison University (JMU) decided to renovate and expand its flagship library, the JMU Libraries’ Communications & Outreach team pivoted from routine promotional efforts to a streamlined communication model designed to handle significantly increased, narrative-driven messaging related to the renovation. This article outlines the renovation project’s communication plan, describes our streamlining efforts, and highlights unexpected opportunities that emerged along the way—allowing us to share the library’s story in new ways and with broader audiences.

Access To Justice After Medina V Planned Parenthood South Atlantic, Daniel G. Aaron, Nicole Huberfeld

Faculty Scholarship

Access to justice is “the ability of all people to seek and obtain effective remedies through accessible, affordable, … and culturally competent institutions of justice.”¹ Historically, patients and physicians have worked together to protect the integrity of medical care as well as patients’ rights by challenging unlawful government actions in court. Yet the US Supreme Court recently issued decisions that may impede access to justice, potentially empowering federal, state, and local governments to interfere with evidence-based care. We explore constraints on access to justice that may arise after Medina v Planned Parenthood South Atlantic (PPSA) (606 US 357, 2025), …

The Business Of Ai-Producing Startups: Evidence From A Worldwide Survey, James Bessen, Stephen Michael Impink, Robert Seamans

Faculty Scholarship

We report results from a multi-year, worldwide survey of artificial intelligence (AI)-producing startups to describe the types of technologies, frameworks, data protection, and partnerships nascent firms use to develop their AI products. Analyses of our survey findings also inform how startups gather the resources to commercialize their AI applications in alignment with their entrepreneurial strategies, address competitive barriers, and respond to regulations. These data provide initial evidence of the perceived impact of these products on their customers’ tasks and industries, suggesting that these firms’ AI products not only reduce labor costs but augment human capabilities.

Nonlinear Bivariate Associations And Mononuclear Cell‐Type‐Specific Expression Level Differences In The Sting Signalling Pathway, David Kaplan

Faculty Scholarship

Understanding intracellular signalling pathways is crucial since they regulate essential functional activities. Bivariate relationships have been useful in delineating these pathways in clinical samples. In our previous studies, we have found many linear associations between pathway components, and we have interpreted these correlations as rheostatic regulators. Increases in an upstream component are correlated with a commensurate downstream increase. Here, we report a quantitative analysis of molecules in the STING pathway by assessing the variance in human peripheral blood mononuclear cell-type-specific molecular expression from patients with atherosclerotic coronary artery disease. The induction of the type I interferon track by this pathway …

Trends And Outcomes Of Alcoholic Acute Pancreatitis In Patients With Alcohol Use Disorder Treated With Naltrexone In The United States: Before And After The Covid-19 Pandemic, Mohammad Zaahid Sheriff, Adrian Lindsey

Faculty Scholarship

Background: The role of naltrexone in improving acute alcoholic pancreatitis (AAP) outcomes in alcohol use disorder (AUD) patients, remains unclear. Aim: We aimed to assess the temporal trends in AAP incidence and the impact of naltrexone use on clinical outcomes in AUD patients. Methods: We conducted a retrospective cohort study using de-identified patient data from the TriNetX database, including all adults (≥ 18 years) diagnosed with AUD. AAP patients were then identified and stratified by naltrexone exposure. The incidence and prevalence of AAP in AUD patients were assessed pre-(March 2015–2019) and post-COVID-19(March 2020–2025). Propensity score matching (PSM) (1:1) was performed …

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.

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 “ …

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 …