Digital Commons Network^™

A Randomized Study To Examine The Ability Of A Caffeine-Based Energy Drink To Impact Energy Expenditure, Fat Oxidation, And Cognitive Performance, Joesi Krieger, Alex Schrautemeier, Anthony M. Hagele, Connor Gaige, Olivia Mennemeyer, Sydney Tolbert, Joshua Iannotti, Chad Kerksick, Chris Noonan, Petey Mumford

Faculty Scholarship

Objectives: This study evaluated the effects of acute and 28-day supplementation with a caffeine-based energy drink on energy expenditure, fat oxidation, and cognitive performance.

Methods: In a double-blind, placebo-controlled trial, 33 males and 27 females (27 ± 8 years, 26.7 ± 2.2 m/kg2) consumed a caffeinated energy drink (200 mg; CAF) or placebo (PLA) for 28 days. Indirect calorimetry assessed energy expenditure and fat oxidation at 0, 30, 60, 90, and 120 min after ingestion on day 1 and 28. Cognition assessments (Dynavision reaction, Serial Sevens, Trail Making Test A (TMT-A) and B (TMT-B)) were performed at 0, …

Differences In Total Daily Energy Expenditure Across Field Sports: A Narrative Review, Brenen Skalitzky, Jennifer Fields, Margaret T. Jones, Chad Kerksick, Andrew Jagim

Faculty Scholarship

Background: Differences in total daily energy expenditure (TDEE) across sports, sex, and skill level support the need for sport- and athlete-specific energy intake recommendations. The purpose of the current review was to examine TDEE and related markers of energy expenditure across field-based team sports. A secondary aim was to evaluate physical activity levels (PAL), calculated as TDEE divided by resting metabolic rate (RMR), and their utility in estimating energy needs within team sports.

Methods: The review was limited to studies that included the field-based team sports of rugby or soccer and reported energy expenditure data using doubly labeled water …

The Case For Selective Non-Transparency In Ai-Mediated Work: A Workers Rights Framework, Daniel Plate, James Hutson

Faculty Scholarship

This article advances a labor rights argument for selective non-transparency in AI-mediated work, framed through educational labor yet generalizable across the United States. The central claim asserts that blanket requirements to disclose all AI-assisted methods reconfigure managerial power by converting process knowledge into a surveillance substrate, thereby diminishing autonomy, chilling professional judgment, and enabling rapid deskilling. Synthesizing U.S. labor and privacy frameworks—especially interpretations of the National Labor Relations Act regarding electronic monitoring—alongside emerging state initiatives on automated decision systems, the analysis demonstrates how expansive process transparency risks infringing protected concerted activity while normalizing function creep in algorithmic management. Empirical literature …

Semaglutide For Metabolic Dysfunction–Associated Steatohepatitis (Mash): Estimating Eligibility From The 2021–2023 National Health And Nutrition Examination Survey (Nhanes), Jennifer B. Levin, Martha Sajatovic, Seth N. Sclair

Faculty Scholarship

There has been considerable interest in the potential of GLP-1 agonists for treating chronic liver disease.1 Following the positive results of the Phase 3 ESSENCE trial,2 on August 15, 2025, the FDA-approved Wegovy (semaglutide) for the treatment of metabolic dysfunction–associated steatohepatitis (MASH).3 Recently, the eligibility for semaglutide across all current indications in the United States, including diabetes management, weight management, and secondary prevention of cardiovascular disease (CVD), was estimated to be nearly 137 million individuals based on the National Health and Nutrition Examination Survey (NHANES, 2015–2020).4 Although weight management subsumed all eligibility for secondary prevention of CVD, as well as …

Prevalence Of Sleep Disturbances And Factors Associated Among School Going Children In Uganda, A Cross-Sectional Study, Martha Sajatovic

Faculty Scholarship

Background: Sleep disturbances greatly impact children's academic performance and social well-being. This study set out to determine the prevalence of sleep disturbances and factors associated among school going children in Kawempe division, Kampala, Uganda. Methods: In a community cross-sectional study, 548 study participants using random cluster sampling were enrolled. The children start lessons at 8am and end the days classes at 5pm. Random cluster sampling method was used to select participants from the 19 parishes in Kawempe district. Data was collected using a semi-structured questionnaire and Sleep Disturbance Scale for Children (SDSC). Descriptive statistics and multivariate binary logistic regression were …

Addressing Implementation Challenges In The Delivery Of An Epilepsy Self-Management Program In Community Settings, Martha Sajatovic, Jessica Black, Clara Adeniyi, Sakshi Priya, Nicole Fiorelli, Lesley Armah

Faculty Scholarship

Aims: This report describes implementation of the SMART epilepsy self-management (ESM) program in a community setting. Methods: SMART was implemented by 3 epilepsy-focused social services agencies. Pre/Post outcomes included past 30-day seizure frequency, the 9-item Patient Health Questionnaire (PHQ-9), the 10-item Quality of Life in Epilepsy (QOLIE-10) and the 7-item Generalized Anxiety Disorder (GAD-7) scale. Results: There have been 8 nurses (mean age 63.6, SD 9.1) and 14 peer educators trained (mean age 44.3, SD 15.8, having epilepsy a mean of 18.2, SD 11.1 years). Mean number of SMART sessions attended (out of a maximum of 8) was 5.7, SD …

Clinical Decision Support For Pharmacologic Management Of Treatment-Resistant Depression With Augmented Large Language Models, Martha Sajatovic

Faculty Scholarship

Background: We evaluated whether a large language model could assist in selecting psychopharmacological treatments for adults with treatment-resistant depression. Methods: We generated 20 clinical vignettes reflecting treatment-resistant depression among adults based on distributions drawn from electronic health records. Each vignette was evaluated by 2 expert psychopharmacologists to determine and rank the 5 best next-step pharmacologic interventions, as well as contraindicated or poor next-step treatments. Vignettes were then presented in random order, permuting gender and race, to a large language model (Qwen 2.5:7B), augmented with a synopsis of published treatment guidelines. Model output was compared to expert rankings, as well as …

The Blackstone Ratio, Modified, Murat C. Mungan

Faculty Scholarship

In his discussion of evidentiary policies, Blackstone famously noted that ‘it is better that ten guilty persons escape than that one innocent suffer’ (Blackstone 1769). The conventional wisdom among lawyers, judges as well as academics holds that accepting this statement as a maxim necessitates the adoption of pro-defendant evidentiary rules. It is also commonly believed that costs associated with false convictions being greater than those associated with failures to punish offenders due to the presence of punishment costs provides a utilitarian rationale for Blackstonian principles. After formalizing Blackstone ratios (either as marginal rates of substitution or, alternatively, as the ratio …

Per Se Non-Takings, Nestor M. Davisdson, Timothy M. Mulvaney

Faculty Scholarship

In the discourse on the Takings Clause, disputes over methodology have long formed a kind of proxy war, with per se rules ordinarily underwriting strong constitutional protection for property rights and ad hoc standards more often vindicating public interests. At a moment when the Supreme Court is increasingly embracing the rules end of this rules-standards spectrum, this Article offers a novel perspective to challenge the conventional link between categorical reasoning and classical liberal conceptions of constitutional property.

To do so, the Article excavates a vast body of law denying takings liability through rule-like reasoning, an approach the Article calls per …

Disposing Of Misdemeanors: An Empirical Perspective, Cynthia Alkon, Jonathan Marshall, Kyle Chrisman, Lydia Sidhom

Faculty Scholarship

While the U.S. Supreme Court has characterized the criminal legal system as a “system of pleas,” new empirical evidence suggests that, at least for misdemeanors, it is more accurately described as a system of dismissals. This Article draws on New York’s Pretrial Release Dataset, a unique publicly available administrative dataset that, to date, includes over 1.3 million criminal cases with 112 variables, of which 914,521 are misdemeanors. No other state in the country has made comparable criminal case-processing data publicly accessible at this scale. Using this dataset, the Article examines criminal case processing in ways that were not previously possible, …

Lawyers' Client-Inclusive Negotiations: The "New Mediation"?, Nancy A. Welsh, Donna Shestowsky

Faculty Scholarship

When proponents initially urged the courts to institutionalize mediation for the resolution of general civil cases, they argued that the procedure would be superior to trial—and also to lawyers’ settlement negotiations—in terms of parties’ exercise of self-determination, satisfaction with outcomes, and opportunity for voice. These claims, however, rested on certain assumptions, particularly regarding the implementation of mediation and lawyers’ settlement negotiations. In mediation, the parties were to take center stage, with the mediator assisting them by facilitating their communication and negotiation so that they could reach a customized resolution. Lawyers’ settlement negotiations in general civil litigation, meanwhile, were assumed to …

Local Government Standing As State Standing, Katharine Cooney, Katherine Mims Crocker

Faculty Scholarship

It is increasingly common, and controversial, for local governments to bring lawsuits as plaintiffs in federal court. Many questions about this practice raise matters that sound in policy. But some, including the issue of standing to sue, also raise issues of constitutional law. How local governments fit into standing rules should reflect how they fit into the U.S. constitutional system more broadly. As the Supreme Court put it in the famous (and infamous) 1907 case Hunter v. City of Pittsburgh, "[m]unicipal corporations are political subdivisions of the State, created as convenient agencies for exercising such of the governmental powers of …

Defending Form Contract Consent, Wayne R. Barnes

Faculty Scholarship

The issue of standard form contracts has bedeviled Contracts scholars for a century. The basic problem has long been known. Contract is supposed to be a quintessentially consensual activity, whereby both parties are operating with full knowledge and comprehension of the array of terms and conditions being negotiated and agreed to. But by employing standard forms replete with boilerplate fine print, companies have created a regime whereby it is most likely irrational for consumers to bother reading the terms before consenting to the transaction. The existing “duty to read” doctrine is that consumers fully consent to all terms when they …

Symbolic Justice: The Continued Limits Of International Criminal Justice Without A Permanent Prison System, Meg Penrose

Faculty Scholarship

Many people misremember Nuremberg, Tokyo, and the subsequent World War II tribunals. These seminal international tribunals gave the world convictions but largely failed to fully enforce the sentences imposed. Most people do not recall the mass clemency following the World War II tribunals. This Article seeks to fill a scholarly void by explaining why international criminal justice has never matured beyond Nuremberg and Tokyo. The modern ad hoc tribunals, as well as the permanent International Criminal Court (“ICC”), have failed to deliver lasting justice. Much like Nuremberg and Tokyo, the modern tribunals fixate on arrests and convictions and then seemingly …

Copyright, Incentives, And Popular Music Composition, Glynn S. Lunney Jr.

Faculty Scholarship

The rise of file sharing and the subsequent collapse in sales of recorded music offer a rare glimpse into a counterfactual world where copyright, for a time, was weakened. Comparing creative output before and after this exogenous shock allows us to test empirically whether incentives to copyright owners were correlated with creative output. In this article, I extend previous work on this issue from recording artists to songwriters and search for a correlation between incentives and popular music composition. In particular, I test three hypotheses. First, I test whether more incentives were associated with more or better popular musical compositions. …

Emergency Lending By The Federal Reserve, Kathryn Judge, Richard Clarida

Faculty Scholarship

The Federal Reserve established an array of innovative emergency lending facilities during the Great Financial Crisis and expanded the scope of its emergency lending yet further in response to the Covid-19 pandemic. This Article provides a retrospective of how the Federal Reserve used its emergency lending authority across these two episodes, identifying patterns and revealing some differences. It sheds light on the conditions that enabled the Federal Reserve to establish the facilities that it did, including the roles played by Congress and Treasury in providing the equity funding that made certain facilities possible. It shows how in each episode, the …

United States V. Skrmetti: L’Identité De Genre Dans Le Droit Et La Politique De L’Égale Protection, Olatunde C.A. Johnson

Faculty Scholarship

French Abstract: L’article analyse l’arrêt United States v. Skrmetti, dans lequel la Cour suprême américaine juge que l’interdiction, par le Tennessee, des bloqueurs de puberté pour les mineurs trans ne viole pas la clause constitutionnelle d’égalité, dite clause « d’égale protection ». Refusant de considérer qu’il s’agit d’une discrimination fondée sur le sexe, la Cour applique le contrôle le plus déférent (base rationnelle) et accepte l’argument de l’État selon lequel il protège les mineur·es de risques médicaux incertains. L’auteure montre ici que cette approche s’inscrit dans un contexte plus large de lois et de décrets fédéraux visant les personnes …

Quasi-Judicial: A History And Tradition, Beau J. Baumann, Jed Handelsman Shugerman

Faculty Scholarship

In challenging the historical assumptions underlying the unitary executive theory, scholars have made several seemingly unrelated discoveries. First, "judicial" power was conceived in English law as a subset of "executive" authority. Second, Congress at or near the Founding insulated certain court-like comissions from presidential control. Finally, the "quasi-judicial" and "quasi-legislative" powers that were central to the holding of Humphrey's Executor flowed from a forgotten nineteenth-century legal tradition was guiding Congress's construction of the modern state. This Essay connects these findings into a single claim: generations of American stretching back past the Founding have instinctively insulated administrators granted quasi-judicial functions from …

Presidential Removal As Article I, Not Article Ii, Gary Lawson, Jed Handelsman Shugerman

Faculty Scholarship

As a matter of original public meaning, Article I’s Necessary and Proper clause is the starting point for both Congress’s power to create offices and the limits on that power.

We believe that many legal scholars have demonstrated that, as a matter of original public meaning, the term “executive power” did not imply a presidential removal power, and Article II did not imply an indefeasible (unconditional) presidential removal power. By contrast, Article I’s Necessary and Proper Clause is a basis for limiting congressional power that is more historically grounded in original public meaning and in early practice. Tenure protections and …

Genocidal Accusation, Steven Arrigg Koh

Faculty Scholarship

To accuse of genocide — what does it mean? Genocidal accusation is ubiquitous today, evident more in the public square than in any courtroom. At first glance, such accusation seemingly relies on a central assumption: genocidal accusation is critical to preventing atrocity. This Article argues that this widespread assumption is incomplete, obscuring genocidal accusation’s dual nature. In fact, genocidal accusation encompasses not only laudable atrocity prevention (for example, the Rwandan genocide), but also problematic punitive, carceral discourse that brands the “other” as morally polluted (such as President Putin’s Ukraine invasion). It is thus challenging to evaluate such accusation in the …

Signaling Through National Security Lawmaking, Weijia Rao

Faculty Scholarship

An often-overlooked element of the ongoing TikTok saga is China’s export control law, which prohibits the sale of TikTok’s core content recommendation algorithm without prior approval from the Chinese government. This law is just one example of the extensive national security lawmaking China has undertaken in recent years. Closely paralleling similar institutions in the U.S., China has established a comprehensive national security legal framework that authorizes the government to restrict exports, sanction foreign entities, screen foreign investments, and block transactions involving cyber infrastructure.

Why turn towards legality when China has the ability to employ these actions without a formal legal …

Purpose And Nonprofit Enterprise, Cathy Hwang, Dorothy S. Lund

Faculty Scholarship

Nonprofit enterprise is responsible for a large share of economic activity across the globe. And yet, leading theories fail to explain why nonprofit business survives and even thrives across a vast number of industries, ranging from artificial intelligence to beer brewing, despite an absence of shareholder control. Indeed, as shareholder ownership and intervention rights have become the core component of successful corporate governance, this success is all the more surprising.

This Essay offers a novel “purposeful enterprise” theory to explain the puzzling success of nonprofit enterprises. Drawing on research in behavioral economics and organizational science, it argues that organizational purpose …

Social Media Participation And Scholarly Success In Law, Julian Nyarko, David E. Pozen

Faculty Scholarship

Using a novel dataset on Twitter activity as well as a novel corpus of law journal publications, this paper examines the impact of social media activity on the scholarly success of U.S. law professors. We find that joining Twitter increases citation counts by an average of 22% per year and improves article placements by up to 10 ranks for law professors, relative to a synthetic control group. These positive returns apply across nearly all classes of scholars and are magnified for those who post frequently about their own work. The identified citation boost would be even larger than 22% if …

General Rulemaking Grants And The Federal Trade Commission, Tamar Katz, Alex Lloyd George, Lev Menand, Tim Wu

Faculty Scholarship

The legal campaign against the administrative state has a new front: general rulemaking provisions. General rulemaking provisions authorize agencies, in an open-ended way, to write rules to carry out Congress’s directives. Administrative agencies have relied on such provisions for decades. But over the last several years, some litigators, scholars, and judges have advanced limiting theories that would, if applied widely, greatly reduce the ability of agencies to execute federal statutes. The leading edge of this campaign is an effort to negate the rulemaking authority of the Federal Trade Commission (FTC). The reasoning employed by the FTC’s opponents, already adopted by …

The Value Of Jury Rights, Philip A. Hamburger

Faculty Scholarship

The right to a civil jury trial is often dismissed as an inefficient anachronism ill suited to the complexities of modern litigation, and these efficiency concerns have long overshadowed any serious defense of the Seventh Amendment. This Article argues that such skepticism profoundly misunderstands the constitutional function and enduring value of civil jury rights. The Article observes that the Seventh Amendment’s jury right was adopted with the understanding that it would come with some inefficiencies and that contemporary concerns about its inefficiencies tend to be overstated. Ultimately, the Article finds that civil juries are essential for structural reasons such as …

Before Meyer And Pierce, Joshua Gupta-Kagan

Faculty Scholarship

In the standard story taught in typical Parents, Children, and the State or Children & the Law courses, analysis of parental rights has a clear beginning. In 1923, at the height of the Lochner era, in Meyer v. Nebraska, a case of first impression, the U.S. Supreme Court declared that “[w]ithout doubt” the Due Process Clause protected the right “to marry [and] establish a home and bring up children.” Two years later, in Pierce v. Society of Sisters, the Court recognized “the liberty of parents and guardians to direct the upbringing and education of children under their control.” …

The Autonomy Default Paradigm In Contract Law, Hanoch Dagan, Michael A. Heller

Faculty Scholarship

You can scribble an agreement on a napkin or hire lawyers to negotiate a hundred-page contract. Either way, most of your contractual obligations will not be in your document. They will be in the background rules contract law applies absent your express agreement. Justifying these defaults is a core task of contract theory; getting them right is a core task of contract law.

This Article introduces the autonomy default paradigm, a conceptually coherent and normatively attractive account of contract law defaults. We show that defaults are justified to the extent they enhance our autonomy, understood as self-determination. They vindicate our …

Fact Checking Oral Argument In Slaughter, Lev Menand

Faculty Scholarship

The Supreme Court heard argument on Monday in Trump v. Slaughter, a case in which the President seeks to override the power of Congress to limit, through legislation, presidential removal of federal administrators. The argument revealed some confusion about the law and history of federal offices and multiple precedents important to resolving the question. This post examines mistakes and misreadings with respect to: the design of the Federal Reserve System; the meaning of a fixed term; and the Court’s decisions in Marbury v. Madison, Ex Parte Hennen, and Parsons v. United States.

Slaughter, Parsons, And The Original Meaning Of A Term Of Years, Jane Manners, Lev Menand

Faculty Scholarship

This term the Supreme Court is hearing argument in two major cases regarding the law of federal offices. One — Trump v. Slaughter — may strip Congress of the power to place any restrictions on the President’s ability to remove administrators at will. Another — Trump v. Cook — will address how such restrictions work, assuming that the President has to follow them.

Antidepressant Use In Older Age Bipolar Disorder (Oabd): Results From The Gage-Bd International Consortium, P. J. Chen, Lisa T. Eyler

Faculty Scholarship

Background Antidepressants are still commonly prescribed in bipolar disorders, despite ongoing controversy of the potential risk of inducing hypomania/mania. There is limited knowledge about the characteristics of antidepressant use in older age bipolar disorder (OABD; age ≥50) in the current literature. Aim To describe antidepressant use, sociodemographic and clinical correlates of a global sample of OABD individuals. Methods The Global Aging and Geriatric Experiments in Bipolar Disorder (GAGE-BD) consortium provided cross-sectional international data on OABD individuals ( n = 746) and younger-age bipolar disorder (YABD, age <50 years; n = 692) regarding antidepressant use. Multivariate logistic regression was employed to assess the association between AD use with demographic and clinical variables. Results Of 1252 participants, 33.1 % of OABD individuals and 38.1 % of YABD individuals were using antidepressants. In multivariable models among OABD, antidepressant use was associated with BD type II (OR = 1.61, 95 % CI: 1.09–2.38), higher depression severity (mild-to-moderate: OR = 1.86, 95 % CI: 1.13–3.06; severe: OR = 4.23, 95 % CI: 2.38–7.50), lower YMRS scores (OR = 0.93, 95 % CI: 0.89–0.97), female sex (OR = 1.37, 95 % CI: 1.00–1.89), lower education (OR = 0.61, 95 % CI: 0.43–0.86), and being unemployed (OR = 0.69, 95 % CI: 0.50–0.96). Antidepressant monotherapy was reported in 18 % of OABD users ( n = 46) and 19 % of YABD users ( n = 51). These findings suggest that both clinical severity and sociodemographic characteristics influence antidepressant prescribing in OABD. Conclusion Antidepressant use was less prevalent in OABD compared to YABD, and associated with female sex, lower education, lack of occupation, type II BD, higher depression severity and lower mania scores. In OABD, antidepressants appear to be used more commonly in contexts where they may be clinically more indicated, such as increased depression severity.