Digital Commons Network^™

Validating Valuation: How Statistical Learning Can Cabin Expert Discretion In Valuation Disputes, Andrew C. Baker, Jonah B. Gelbach, Eric L. Talley

Faculty Scholarship

This article challenges conventional methods used in financial valuation across transactional and litigation domains. We show that conventional valuation methods allow for considerable discretion, making it possible for each side’s experts to submit dramatically varying valuations simply by choosing among facially reasonable values of parameters that must be selected to carry out conventional valuations. We use large-scale empirical simulations powered by real-world data to demonstrate the scope of such discretion. We next consider several alternatives based on data-driven machine learning approaches, and show that they offer both approximately unbiased estimates of valuation and substantially reduced variability in valuation results. Consequently, …

2026 Concise Summer Update To The Corporations Curriculum - Caremark: The Board’S Duty Of Oversight Regarding Work Force Safety & Sexual Misconduct, Sarah Haan

Faculty Scholarship

No abstract provided.

Socially-Minded Investors And Corporate Behavior, Merritt B. Fox, Menesh S. Patel

Faculty Scholarship

Many equity investors are concerned with the world’s worsening social and environmental problems and are losing faith in the capacity of political institutions to respond. Corporate behavior is often contributing to these problems. Some investors, at least if fully informed as to costs and benefits involved, would favor corrective changes to corporate behavior even where that would lessen their investment returns. Two important questions arise: (1) given existing law, are such willing-to-sacrifice equity investors currently affecting firm behavior; and (2) should there be legal reform that makes firms more sensitive to these willing-to-sacrifice investors’ preferences? This Article seeks to answer …

Tellurium Selenide Quantum Wires Synthesized By Pulsed Laser Ablation In Liquids, Rajendra Subedi, Francisco Ruiz-Zepeda, Iono Hill, Geraldine Hallais, Etienne Herth, Gregory Guisbiers

Faculty Scholarship

Tellurium–selenide (TexSe1-x) binary alloys are promising chalcogenide systems with tunable optoelectronic properties, yet their synthesis in quantumly confined one-dimensional forms remains limited. Here, we report the synthesis of TexSe1-x quantum wires (QWs) via a two-step pulsed laser ablation in liquids (PLAL) approach, enabling surfactant-free formation of alloyed nanostructures under non-equilibrium conditions. A tellurium colloid is first generated and subsequently exposed to selenium ablation, promoting in-situ alloying through repeated plasma-bubble interactions at high repetition rate. The resulting QWs exhibit an average diameter of ~17 ± 4 nm and a length of ~475 ± 46 nm. Structural and chemical analyses (XRD, Raman, …

Constitutional Drafting Processes And Constitutional Success, Adam Chilton, Murat C. Mungan, Mila Versteeg

Faculty Scholarship

Several recent constitution-making processes have been celebrated for being participatory, inclusive, and representative. However, many of these processes also failed. We theorize that aspects of these kinds of constitutional drafting processes could reduce the probability of constitutional success. To show why, we construct a “Constitution Drafting game” (CD game) in which representatives from different interest groups must draft a constitution. We consider the case where the probability of constitutional success is single peaked, but the value from successful adoption is increasing in the degree of issue protection chosen. The drafting process then leads to protection choices that are above those …

Who’S The Lawyer Now? Professional Identity In A Genai World, Aric K. Short

Faculty Scholarship

This article examines how generative artificial intelligence (GenAI) is reshaping the legal profession and, more fundamentally, lawyers’ professional identities. As AI systems increasingly perform tasks traditionally associated with legal practice, the article argues that technological competence and adaptability have become essential components of professional identity formation. It contends that lawyers must move beyond viewing AI as merely a tool for efficiency and instead confront the ways in which it is transforming expectations of competence, professional responsibility, and legal expertise.

The article further explores what may remain uniquely human in legal practice as AI capabilities expand. It argues that practical wisdom, …

Law Enforcement With Rent Dissipation, Murat C. Mungan, J. Shahar Dillbary

Faculty Scholarship

We consider a framework which brings together losses arising from rent-dissipation and the workhorse model of law enforcement. Governmental actors engage in a contest to share the proceeds from the enforcement of the law through monetary fines, which leads to rent-dissipation. This causes monetary sanctions to be costly, rendering the model used for studying nonmonetary sanctions a better fit for their analysis. The effect of rent-dissipation on optimal sanctions is directly related to the sanction elasticity of offenses measured at the classic optimum (i.e., where the expected sanction equals the direct harm from the offense). When offenses are inelastic, the …

The President And The Power Grid, Alexandra B. Klass, Dave Owen

Faculty Scholarship

There is a sharp discontinuity between the second Trump Administration’s electricity policies and those of previous presidential administrations. President Trump has directed the Department of Energy to use statutory authority designed for wartime conditions and sudden emergencies to prevent electric utilities from retiring aging coal plants. In doing so, he has elevated the president’s role in electric-grid governance and reduced the primacy of the expert regulatory agency—the Federal Energy Regulatory Commission—that Congress authorized to govern electricity markets and grid reliability.

This Essay places these actions in historical context. It recounts the executive branch’s role in electricity policy during the first …

De-Centering And Re-Centering Digital Scholarship, Ten Years On, Matthew Hunter, Aaron Retteen, Micah Vandegrift

Faculty Scholarship

Ten years after the publication of a manifesto attempting to describe what digital scholarship could do for and within libraries, some of the original authors reflect on the progress of the call-to-action. This article describes areas in which the integration of digital scholarship activities as core parts of librarianship has and has not become commonplace and traces larger-scale developments in the academy and global knowledge landscape that have contributed to the accuracy of the predictions made in 2017.

Trademarks, Functionality, And Competition, Glynn Lunney

Faculty Scholarship

Courts and commentators have long thought that the purpose of trademark and unfair competition law is to distinguish fair competition from unfair competition and prohibit the latter. Yet, trademark law has a more fundamental, more foundational purpose. Before trademark law can distinguish fair competition from unfair competition, there must first be competition. That makes ensuring competition trademark law’s highest priority. Identifying and prohibiting unfair competition becomes, by necessity, a subordinate concern. Until 1982, courts recognized this hierarchy and enforced a broad and flexible functionality limitation on trademark or trade dress protection to ensure competitive markets. In 1982, however, this changed. …

A Quantitative Content Analysis Of Media Framing Of Illegal Mining In Ghana, Ebenezer Ato Kwamena Aidoo, Patrick Ansah, Fredrick Daoyenikye, Maame Aba Afful

Faculty Scholarship

Illegal mining in Ghana has attracted considerable public and policy attention due to its far-reaching environmental, social, and health consequences. Our study examines how Ghanaian news media frame illegal mining, the tone of media coverage, and the stakeholders represented in news narratives. Using a quantitative content analysis, 800 news articles were sampled from six widely read media outlets, Daily Graphic, Ghanaian Times, TV3 Ghana, GTV, Joy FM, and Citi Newsroom. A multivariate analysis of variance (MANOVA) was employed to examine differences in framing, tone, and stakeholder representation across outlets. Findings indicate that news organizations emphasize distinct frames, resulting in varied …

Community Ai Resilience: A Five-Pillar Framework For Preparing Communities For An Ai-Transformed World, Robin D. Anderson, Nicholas A. Curtis

Faculty Scholarship

Current artificial intelligence readiness strategies focus almost exclusively on two priorities: expanding access to AI tools and developing a technical workforce. While necessary, these efforts are insufficient. AI seems likely to transform how people work and, with that, to reshape how individuals derive meaning, how families function, and how communities organize. This paper presents the Community AI Resilience Framework, a five-pillar model addressing the human systems dimensions of AI transformation: (1) Economic Resilience and Regulatory Adaptation; (2) Social Cohesion and Belonging Infrastructure; (3) Psychological Resilience and Identity Reconstruction; (4) Civic and Educational Renewal; and (5) Ecological and Leisure Commons Management. …

From Theory To Practice Implementing A Mission, Vision, And Values Statement To Support Change In An Academic Library Liaison Program, Patricia Fiorillo, Kristy Padron

Faculty Scholarship

Academic library liaison programs historically varied in their functions and adapted to their organizational needs and priorities. This case study examines the integration of a mission, vision, and values statement into the liaison program at Florida Atlantic University Libraries. Originating from business and organizational theories, these statements have been adopted by nonprofit organizations, including academic libraries, to guide administrative processes and services. The study highlights a re-visioning of an established liaison program during a period of transition. This fostered a shared understanding of the library’s priorities and documented its goals and objectives. This alignment was particularly crucial as Florida Atlantic …

There Is No Free Benchmark: An Institutional View Of Legal Ai Benchmarking, Neel Guha, Andy K. Zhang, Christine Tsang, Christopher D. Manning, Julian Nyarko, Daniel E. Ho

Faculty Scholarship

Despite substantial excitement around the use of AI in law, little information exists on the performance and associated risks of the domain’s widely marketed tools. Recent work, for instance, has demonstrated the significant potential for “hallucinations” — wherein models make up facts, law, and precedent — leading Chief Justice Roberts to spotlight this risk in his annual report on the judiciary. We argue that there is a need for public AI benchmarking in law. First, relative to other AI application domains, the legal AI ecosystem lacks legibility — there is little information about the design and performance of many commercial …

What Is To Be Done About The Radical Far-Right?, Bernard E. Harcourt

Faculty Scholarship

The far Right in America has become radical. In the process, it has outmaneuvered the progressives. In the first months of his second mandate, President Trump has mounted a revolution (or counterrevolution) against the liberal democratic state. Steve Bannon said he was Leninist and wanted to “smash the state.” President Trump has done just that. In this essay, I explore the far Right’s embrace of Lenin. I return to the Hegelian roots of Lenin’s politics to explain what he meant by “smashing the state machine.” I then argue that the Left should reclaim Lenin’s dialectics and his call, in the …

The Nonpartisan Case For Supreme Court Expansion, Jamal Greene

Faculty Scholarship

It should be a shared premise across the ideological spectrum that Supreme Court justices hold too much power. That is not to suggest any consensus that the Supreme Court as an institution holds too much power — some think it does, while others don’t. It is to say, rather, that we should all be able to agree that each individual justice on the Supreme Court exercises significantly more power than any one person in a democracy should.

The case for this proposition is overwhelming. There are just nine Supreme Court justices at any given time. These nine people intervene decisively …

The Coming Privatization Of Corporate Law, Dorothy S. Lund, Eric L. Talley

Faculty Scholarship

For more than a century, American corporate law has revolved around a simple competitive premise: State governments supply corporate law while companies choose their state of incorporation, and the market rewards the state offering the best corporate law product. Delaware’s longstanding market dominance (especially for public companies) is often explained through the confluence of its unusually attractive institutional package: expert judges, extensive precedent, a specialized bar, an enabling statute, and a legislature that — at least traditionally — treats corporate law as something to be calibrated technocratically rather than politicized.

Classical Liberalism And Property, Thomas W. Merrill

Faculty Scholarship

Classical liberalism is characterized by several key attributes. Its central normative criterion is the well‑being of the individual, not some aggregate like society or the nation‑state. Individuals are presumptively regarded as responsible actors, capable of judging their own best interests and accountable for their actions that interfere with the well‑being of others. Because individuals are presumptively regarded as responsible actors, there is a strong preference for imposing only minimal obligations on them through the power of the state, and these usually involve general negative duties that are universal in character, chiefly to forbear from using force or fraud to interfere …

Presidential Immunity: Before And After Trump, Thomas P. Schmidt

Faculty Scholarship

“All the officers of government,” the Supreme Court said long ago, “from the highest to the lowest, are creatures of the law, and are bound to obey it.” Despite that ringing and categorical language, however, the Court has held that the President — the “highest” and most powerful of all government officers — is “immune” from judicial oversight in several respects. Indeed, when the Court held last Term that former presidents are presumptively immune from criminal prosecution for officials acts, the dissenters warned: “In every use of official power, the President is now a king above the law.”

This Article …

The Contested Contingent Constitution: Plutocrats, Right-Wing Populists, And Labor Rights In The U.S., Kate Andrias

Faculty Scholarship

Constitutional labor rights have long been negligible in the United States. Now, with the ascendance of Donald Trump’s right-wing authoritarianism, even statutory labor rights are under threat. Yet there is an apparent paradox: While the Trump Administration seeks to declare the NLRB unconstitutional and has decimated federal workers’ rights, Trump’s “Make America Great Again” (MAGA) movement rose to power in part by invoking the plight of the American worker. The more populist wing of the American Right does not expressly challenge the constitutionality of labor law. Indeed, some right-wing populists urge an expansion of labor rights, emphasizing such goals as …

Beyond Ai Detection: A Pilot Study Of Integrevise And Viva-Based Verification Of Student Understanding In Ai-Mediated Assessment, James Hutson, Kyle Poyer, Kelvin Adshola Atologun

Faculty Scholarship

This article examines the Integrevise platform through a repeated cross-sectional, multicycle pilot case study of viva-based verification in AI-mediated assessment environments. Integrevise pairs a submitted written artifact with a short adaptive viva in which students explain their work, reasoning, and application in their own words. Rather than functioning as an AI detector or automated grading system, the platform operates as a diagnostic assessment layer intended to surface comprehension, authorship confidence, and disengagement risk before final grades become the only available signal. The pilot was conducted across Fall 2025 and Spring 2026 at a private liberal arts college in the Midwest; …

Free Expression And Civil Rights On Campus: Consistency And The Kant-Rawls Heuristic, David M. Schizer

Faculty Scholarship

Universities learned hard lessons in the months after Hamas attacked Israel on October 7. 2023. This painful and challenging time highlighted the urgent need to pursue two critical goals, which sometimes are in tension with each other. First, universities have to protect academic freedom and free expression. This is their life blood. Second, universities also have to honor their legal and moral obligation to combat discrimination, including antisemitism.

Yet this is easier said than done. Protecting free expression means allowing speech that is controversial and even offensive. But this speech can contribute to a hostile environment. So, in seeking both …

State Policy And Regulatory Approaches To Sustainable Aviation Fuel Across The United States, Somtochukwu Attamah, Mary Johnson, Lara Fowler, Michael D. Helbing

Faculty Scholarship

Sustainable Aviation Fuel (SAF) represents a critical lever for achieving near-term decarbonization of the aviation industry. SAF can be manufactured for “drop-in” use in existing aircraft and fueling systems, allowing manufacturers to achieve lifecycle greenhouse gas (GHG) savings relative to standard jet fuel. However, U.S. policy is still disjointed: federal incentives are accompanied by diffuse state efforts, which means uneven market-based feedback and investment risk. After outlining the federal policy context, this Article conducts a comparative analysis of SAF-related policy frameworks across the fifty states. This includes a variety of government solutions offered in the form of enacted and proposed …

Other People's Poverty, Emmanuel Hiram Arnaud, Shaun Ossei-Owusu

Faculty Scholarship

Puerto Ricans have a relationship with the United States that is historically unparalleled. They have been citizens of the United States since 1917, served in every major conflict since World War I, and have been influential members of American culture, politics, and society. Yet, Puerto Rico is not fully part of the United States. The island of 3.2 million people— more than the population of eighteen states—is a U.S. territory. This means the federal government wields its complete and largely unrestrained plenary power over the Island, often treating Puerto Ricans differently than the rest of the United States. This differential …

Counterclaims In Investor-State Arbitration: A Call For Clear Thinking, George A. Bermann

Faculty Scholarship

As exemplified by the agenda of UNCITRAL Working Group III, the focus of ongoing debates over reform of the current investor-State dispute resolution (ISDS) system has been on procedural reform, broadly understood. The debates thus sideline the substantive aspects of ISDS, i.e. the rights and obligations of investors and States.  Within this structure, the place of counterclaims by States in investor-State arbitration is uncertain. To be sure, the question of counterclaims is basically a procedural one, for, by definition, counterclaims represent a vehicle by which a respondent State may assert a claim against an investor in a proceeding initiated by …

Trial By Fire: Disaster Justice And Lessons Learned, Clifford Villa

Faculty Scholarship

Disaster Justice reflects the intersection of environmental justice and disaster law. The study of disaster justice is becoming increasingly essential as disasters become more frequent and devastating in the face of accelerating climate change. Disaster law is marked by statutes such as the federal Stafford Act and by theory such as the “disaster cycle” of readiness, response, and recovery. Environmental justice recognizes that the distribution of harms such as bad air or water quality may be distributed inequitably among groups such as low-income populations or racial minorities. In similar fashion, the adverse impacts of disasters may also be distributed inequitably …

Common Questions And Misconceptions About Diets: What Does The Scientific Evidence Really Show?, Jose Antonio, Brandi Antonio, Alan Aragon, Shawn M. Arent, Bill Campbell, Darren G. Candow, Hannah Eberhardt, Guillermo Escalante, Cassandra Evans, Scott Forbes, Drew Gonzalez, Chad Kerksick, Eric Bustillo, Kworweinski Lafontant, Gianna Mastrofini, Scotty Mills, Michael J. Ormsbee, Kieran Paterson, Flavia Pereira, Valeria Silva Ramirez, Antonella Schwarz, K. Michelle Singleton, Abbie Smith-Ryan, Jeffrey Stout, Grant Tinsley

Faculty Scholarship

The study of diet and nutrition is often filled with numerous myths and misconceptions. A Google Scholar search of “diets health” yields over 4 million results. This review examines frequently asked questions about diets and dietary habits. These questions include the following: 1) Is a caloric surplus necessary for building skeletal muscle? 2) Is it possible to lose body mass or fat mass without caloric restriction? 3) Is intermittent fasting better than chronic caloric restriction for weight loss? 4) Are there sex differences in the response to fasting? 5) Can diet alone fulfill the macro and micronutrient needs of exercise-trained …

Prompted Props, Human Pipelines: Evaluating Ai-Generated 3d Assets For Game-Ready Environments, Andrew Begemann, James Hutson

Faculty Scholarship

Generative AI systems increasingly promise rapid 3D asset production for game development, yet their practical viability depends on whether generated models can move beyond visual preview into editable, optimized, engine-ready workflows. This article presents a practice-led comparative case study of a stylized fantasy tavern environment produced through two workflows: a human-authored Blender pipeline and an AI-assisted pipeline using Meshy 6 and Hunyuan 3D. Using a fixed asset list, shared visual theme, documented prompts, production-time tracking, visual comparison, topology inspection, UV-map analysis, and post-generation labor accounting, the study evaluates whether text-to-3D tools function as production substitutes, ideation accelerators, or conditional asset …

Seqra Developments: Amendments To Ease Housing Construction, Revised Regulations, New Cases, Michael B. Gerrard

Faculty Scholarship

In the hopes of easing the housing shortage, on May 26 the New York Legislature passed and Governor Kathy Hochul signed a bill that will exempt many multifamily housing projects from the State Environmental Quality Review Act (SEQRA).

A month before, the New York State Department of Environmental Conservation (DEC) issued regulations on protecting disadvantaged communities, and took steps to require more discussion of climate impacts under SEQRA.

Some Realism About Constitutional Remedies, Thomas P. Schmidt, Gillian E. Metzger

Faculty Scholarship

The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats an institution like the presidency as a “black box” to which the Constitution assigns certain powers. In Trump v. Hawaii,  for example, the Supreme Court upheld President Trump’s infamous travel ban by focusing not on the “particular President” and his past call for a “complete shutdown of Muslims entering the United States,” but rather on “the authority of the Presidency itself.” That is the language of institutional formalism.

Realism, on the other hand, peers into the “black …