Digital Commons Network^™

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 …

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. …

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 …

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 …

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 …

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.

Readers Are Authors, Especially In The Ai Age, Jessica Silbey

Faculty Scholarship

In this essay, Abraham Drassinower updates the argument in his 2015 book What’s Wrong With Copying (Harvard University Press) with an elaboration of the nature of copyright’s public domain: it is a domain of unauthorized yet lawful copying. As in his book, Drassinower explains that the public domain is not properly understood as a problem of balancing between copyright’s public benefits and private rewards. Instead, he understands the public domain as part of authorship and thus inseparable from copyright’s construction.

State Of Ohio Adversity And Resilience (Soar) Study Protocol: A Comprehensive, Multimodal, Family-Based, Longitudinal Observational Investigation Of Risk And Resilience In Mental Health And Substance Use Disorders, Chris Flask, Martha Sajatovic

Faculty Scholarship

Introduction Deaths related to drug overdose and suicide in the USA have increased 500% and 35%, respectively, over the last two decades. The human and economic costs to society associated with these - €- deaths of despair' are immense. Great efforts and substantial investments have been made in treatment and prevention, yet these efforts have not abated these increasing trajectories of deaths over time. The COVID-19 pandemic has exacerbated and highlighted these problems. Notably, some geographical areas (eg, Appalachia, farmland) and some communities (eg, low-income persons, - €- essential workers', minoritised populations) have been disproportionately affected. Risk factors have been …

Brain Mri For The Diagnosis Of Dementia In Low- And Middle-Income Countries: A Systematic Review And Meta-Analysis Protocol Of Diagnostic Utility And Imaging Findings, Stephen E. Jones, Martha Sajatovic

Faculty Scholarship

Introduction The utility of brain MRI in dementia diagnosis offers critical insights into structural brain changes, such as hippocampal and thalamic atrophy, which are hallmark features of Alzheimer's disease and Alzheimer's disease-related dementias. However, its use, especially in low- and middle-income countries (LMICs), is affected by limited accessibility. This protocol outlines a systematic review and meta-analysis to assess the diagnostic utility, feasibility and challenges of integrating brain MRI for dementia diagnosis in LMICs. Methods and analysis The review follows Preferred Reporting Items for Systematic Review and Meta-Analysis Protocols with a priori eligibility criteria and is registered in PROSPERO. Searches (from …

Replacement Opening Brief For Plaintiff-Appellant Timothy Olmos, Ciara Gerendas, Noah Goldstein, Eli O'Neal, Madeline H. Meth

Faculty Scholarship

Today, nearly everyone relies on a cellphone. Many use their phones to store a wealth of private information, including conversations over text messages and emails; photographs of family, friends, pets, and joyous occasions; and confidential banking and medical records. The Supreme Court, therefore, regards a cellphone search as one that “typically expose[s] to the government far more than the most exhaustive search of a house.”

The Supreme Court also recognizes that despite the legal status of people subject to probation conditions, probationers still retain Fourth Amendment protections against unreasonable searches. And this Court has held that probationers, who like almost …

Presidents, Opinions, And Independent Officers, Jed Handelsman Shugerman

Faculty Scholarship

The Opinions in Writing Clause is a persistent textual problem for the claim that Article II implies an indefeasible removal power: If the Framers believed they had given the president an unconditional removal power, why would they also specify a lesser power merely to ask for opinions? New historical research confirms this textual problem was also contextual: early state constitutions, the Ratification debates, and the First Congress indicate that the Opinions Clause’s original public meaning signaled independence of department heads, or at least the possibility of congressional requirements like good cause.

Legal scholars have already shown that the texts of …

Association Between Adherence Barriers, Self-Reported Adherence, And Psychiatric Symptoms Among Adults With Bipolar Disorder, Martha Sajatovic, Jennifer B. Levin, Clara Adeniyi, Jessica Black, Celeste Weise, Nicole Fiorelli, Erika Kelley

Faculty Scholarship

Aims: While suboptimal medication adherence is a widely recognized problem for people with bipolar disorder (BD), it is less clear how individual characteristics are associated with varying levels of adherence and how specific adherence barriers impact behaviors. This interim analysis from an ongoing randomized controlled trial (RCT) examined associations between patient-reported adherence, adherence barriers, and mood symptoms among poorly adherent individuals with BD. Methods: RCT participants were adults age ≥ 18 years old with BD Type 1 or 2, difficulties with medication adherence, and actively symptomatic as measured by Brief Psychiatric Rating Scale (BPRS) score ≥ 36, Young Mania Rating …

Fabrication Of Robust And Durable Superamphiphobic Aluminum Alloy And Zinc Surfaces Via Dual Sandblasting And Steam Treatment, Laylan Hassan, Saadi Nawzat, Tansel Karabacak

Faculty Scholarship

We present a scalable and environmentally friendly method for fabricating mechanically robust superamphiphobic coatings on aluminum alloy and zinc substrates using a dual-step process combining sandblasting (SB) and steam treatment (ST), followed by surface energy reduction with fluorinated molecules. This approach creates hierarchical micro/nano structures essential for omniphobic performance. On Al-alloy SB + ST surfaces we measured static contact angles of 162.0° (water), 156.1° (ethylene glycol), and 154.4° (peanut oil), while the corresponding Zn surfaces reached 160.1°, 156.0°, and 152.8°, respectively, with sliding angles below 5° across all tested liquids. The coatings retained high repellency after 50 tape- peeling cycles …

Torso Synthetic Ct Generation By Integrating Deep Learning And Segmentation For Fdg-Pet/Mr Attenuation Correction, Jin Uk Heo, Robert S. Jones, Theodore Higgins Arsenault, Jennifer Dorth, Tithi Biswas, Raymond F. Muzic Jr

Faculty Scholarship

Introduction. Positron Emission Tomography/Magnetic Resonance (PET/MR) offers benefits over PET/CT including simultaneous PET and MR acquisition, intrinsic spatial registration accuracy, MR-based functional information, and superior soft tissue contrast. However, accurate attenuation correction (AC) for PET remains challenging as MR signals do not directly correspond to attenuation. Using deep learning algorithms that learn complex relationships, we generate synthetic CT (sCT) from MR for AC. Our novel method for AC, merges deep learning with threshold-based segmentation, to produce an AC map for the entire torso from Dixon MR images, which heretofore has not been demonstrated. Method. Twenty-nine prospectively collected, paired FDG-PET/CT and …

Resonant Breathwork As Multimodal Vagal–Interoceptive Modulation: An Empirical Synthesis Of Non-Invasive Vns, Breathing-Driven Interoception And Respiratory Tools, Piper Hutson, James Hutson

Faculty Scholarship

Resonant Breathwork is proposed as a layered, measurable intervention that modulates vagal activity and interoceptive processing through acoustic vocalization, respiratory mechanics, and biofeedback. This review synthesizes human empirical studies from 2022–2025 across five domains: (1) noninvasive transcutaneous auricular vagus nerve stimulation and acoustic or vocal vagal engagement; (2) interoception targets modulated by breathing; (3) respiratory rehabilitation tools, including oscillatory positive expiratory pressure and inspiratory muscle training; (4) virtual or augmented reality breath biofeedback; and (5) neuroimaging of high ventilation breathwork with music. Evidence shows taVNS can acutely increase vagal indices, with effects contingent on frequency and pulse width, while paced …

Beyond Phonics: Neuroaesthetic And Symbolic Divergence In Culturally Responsive Dyslexia Screening, Piper Hutson, James Hutson

Faculty Scholarship

Recent advances in neuroscience and educational technology have challenged the traditional phonological-deficit model of dyslexia, revealing the profound influence of visual-symbolic processing, neuroaesthetic resonance, and cultural context in the reading brain. This article interrogates prevailing assessment paradigms by synthesizing research on the Visual Word Form Area (VWFA), cross-linguistic literacy systems, and emerging neurodiversity frameworks. The study addresses the urgent need to reconceptualize dyslexia as a heterogeneous divergence in symbolic processing—rooted as much in neuroaesthetic and visuospatial alignment as in phonemic awareness. Existing screeners, predominantly optimized for English and other Latin-based scripts, systematically neglect the cognitive realities of learners in multilingual …

Resonant Body Communication For Neurodivergent Contexts: A Multimodal, Temporally Elastic Blueprint For Inclusive Biometric Systems, Piper Hutson, James Hutson

Faculty Scholarship

Prevailing emotion-sensing systems privilege a facial-and-gaze paradigm that encodes neurotypical tempo, channel priority, and expression classes, thereby mischaracterizing or erasing neurodivergent communication. This article advances a design-oriented framework for biometric sensing that centers resonant body communication: temporally extended, multimodal, and environmentally situated patterns of posture, gesture, rhythm, and interoception that carry affective meaning. Through an integrative methodology that synthesizes cognitive neuroscience, embodied arts practices, and human–computer interaction, the study formalizes a theoretical model with four pillars: temporal elasticity, multimodal sensory hierarchies, resonant gestures and rhythmic entrainment, and environmental attunement. Building on this model, the article specifies technical requirements for next-generation …

Foam Fortification: Effect Of Perfluorocarbon Gases On The Stability Of Sclerosing Agent Foams, Henry Ruhl, Felipe M. Berg, Amir A. Rahnemai-Azar, Salim Abboud, Agata A. Exner

Faculty Scholarship

Purpose: To evaluate the impact of incorporating perfluorocarbons (PFCs), specifically octafluoropropane (C₃F₈) and perfluorobutane (C₄F₁₀), on the stability of sodium tetradecyl sulfate (STS)–based foams. Materials and Methods: Tessari method was employed to generate foams. C₃F₈ and C₄F₁₀ were compared with room air due to their known characteristic as gas vesicle stabilizers. Each trial set encompassed ratios of 4, 3, 2, 1.5:1 mL of gas-to-STS. Foam decay (1 − percent foam remaining in syringe) was monitored using a 4K camera over 1 hour, followed by hourly snapshots for 3 hours. All trials were repeated in triplicate. Statistical analysis was carried out …

Systems Framework For Post-Hospital Follow-Up Care Of Small And/Or Sick Newborns: A Pathway To Sustainable And Scalable Quality Care In Low-Resource, High-Burden Countries, Samudragupta Bora

Faculty Scholarship

South Asian and Sub-Saharan African countries, disproportionately overrepresented in the World Bank's low- and middle-income categories, bear a high burden of small and/or sick newborns. It is important to acknowledge that, in addition to reducing mortality, creating opportunities to enhance their health and well-being, thereby improving quality of life, is an essential metric for evaluating neonatal care success. With increased survival rates for small and/or sick newborns in most high-burden, resource-constrained settings, developing and strengthening specialized, structured neonatal follow-up programs to provide high-quality post-hospital care is imperative for optimizing outcomes and quality of life. This paper proposes a Systems Framework …

Providing Spatial Support During A Major Cholera Outbreak In Port-Au-Prince, Haiti: Creative Mapping Solutions In A Challenging Data Poor Environment, Andrew Curtis, Jayakrishnan Ajayakumar

Faculty Scholarship

In this paper we describe the spatial data challenges faced in terms of providing accurate and timely analysis for a clinic during a cholera epidemic that spread through Port au Prince, Haiti in late 2022. This “triage” spatial epidemiology involved developing a bespoke geocoder that allowed for weekly maps of spread to be created in near real time. Resulting case data were also analyzed using a novel grid heatmapping approach which considers the epidemiological curve for each neighborhood. Adding further complexity during this period to both the data generation, and explaining cholera amplification and spread patterns, was a rising gang …

Impact Of Sociodemographic, Clinical, And Intervention Characteristics On Pain Intensity Within A Single Music Therapy Session, Samuel N. Rodgers-Melnick, Douglas Gunzler, Thomas E. Love, Siran M. Koroukian, Mark Beno, Jeffery A. Dusek, Johnie Rose

Faculty Scholarship

Several studies support the efficacy of music therapy (MT) for reducing pain, but few have examined which interventions are most effective or which patients are more likely to respond. This study investigated which sociodemographic, clinical, and intervention characteristics are associated with clinically significant reductions in pain intensity (0–10 numeric rating scale reduction ≥2 units) within a single MT session. We conducted a retrospective review of 2039 MT sessions provided across a large health system among 1203 adult patients reporting pre-session pain ≥4/10, a complete post-session pain score, and a complete pre-session stress score. We employed a multivariable logistic mixed effects …

Composition Pedagogy As Ai‑Native Coding: From Design Kit To Scholarly Framework, Daniel Plate, James Hutson

Faculty Scholarship

This article advances a field-ready framework that reconceives first-year composition as AI-native coding, translating a complete “design kit” into scholarly method, evaluative protocol, and curriculum architecture. Background: Contemporary composition pedagogy emphasizes process, genre awareness, and collaborative revision; meanwhile, modern software practice operationalizes iteration through version control, test-driven development, and continuous integration. The uploaded kit demonstrates that these cultures are isomorphic: writing stages align with SDLC phases, and automated pipelines can lint prose, execute argument “tests,” and publish artifacts with auditable histories. Approach: The study systematizes that kit into (1) a conceptual map that recasts authorship as orchestration and verification, (2) …

Reliability Of Vertical Jump Force-Time Metrics In Collegiate Athletes Compared To Recreationally Active Individuals, Dimitrije Cabarkapa, Robert Smith, Luke Chowning, Tyler Neltner, Quincy R. Johnson, Yang Yang, Thayne A. Munce

Faculty Scholarship

As neuromuscular performance assessment has become a fundamental component of athlete monitoring, ensuring strong measurement reliability is essential for supporting accurate data-driven decision-making. Thus, the purpose of this study was twofold: (i) to examine the reliability of countermovement vertical jump (CMJ) force-time metrics obtained using a portable force plate system (Hawkin Dynamics) and (ii) to determine whether absolute and relative reliability scores differ between well-trained individuals (i.e., athletes) and those less familiar with CMJ force-plate testing (i.e., non-athletes). Seventy-four participants volunteered to take part in this investigation, of whom thirty-nine were NCAA Division-I baseball and track-and-field athletes and thirty-five age-matched …

A New View Of Formal Equality And A Case For Predistribution, Alex Raskolnikov

Faculty Scholarship

A long-held egalitarian view is that formal equality — the absence of formal legal distinctions based on the material resources of individuals — is regressive. If legal rules are the same for the rich and the poor, the rich benefit and the poor suffer. This Essay argues that this view is mistaken. Far from being synonymous with laissez-faire, a commitment to formal equality provides a counterweight to the key neoliberal maxim that regulation of the market economy should focus on efficiency alone. Moreover, a new view of formal equality offered here reveals a key advantage of predistribution over redistribution: Explicit …

Skrmetti Beyond Scrutiny, Kate Redburn

Faculty Scholarship

In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care. For the first time, the Court considered a fundamental question in civil rights law: How does the Fourteenth Amendment regard transgender people? The Court gave little guidance. It did not sort out principles for deciding when anti-transgender discrimination classifies by sex, nor whether transgender people are a suspect class. Instead, the Court held that “[i]n the medical context, the mere use of sex-based language does not sweep a statute within the reach of …

Ai Companions And The Lessons Of Family Law, Clare Huntington

Faculty Scholarship

Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to mental health treatment, helping students learn, and offering a judgment-free space for sensitive conversations. But AI companionship also raises significant concerns. The technology's addictiveness may exacerbate loneliness and can undermine human relationships. Therapy bots may prove more harmful than helpful. AI companions can be emotionally abusive. And their access to the …

The Constitutional Fight Over The Nlra And The Nlrb: A 90 Year Reprise, Kate Andrias

Faculty Scholarship

This article traces renewed constitutional challenges to the National Labor Relations Act (NLRA) and the National Labor Relations Board (NLRB), placing them in historical and doctrinal context. Contemporary attacks — advanced by major corporations and the Trump Administration — revive the constitutional conflicts of the 1930s. Drawing on arguments rooted in the unitary executive theory, as well as Article III and the Seventh Amendment, the current challenges threaten not only the NLRB’s independence but the broader administrative state and the system of labor rights it sustains. At stake is more than institutional design: the dispute reflects a deeper contest over …

Removal: A Response To Professor Nelson, Philip A. Hamburger

Faculty Scholarship

In an essay published earlier this fall, Professor Caleb Nelson argues that, as a matter of originalism, the President does not have a constitutional power to remove executive officers. Professor Nelson is a renowned scholar, whose arguments could well influence the Supreme Court in two upcoming removal cases: Trump v. Slaughter and Trump v. Cook. It’s therefore important to evaluate whether his historical claim about removal is correct.

Molecular Motion–Structure–Property Correlation In A Polymorphic Aiegen With Mechanochromic And Piezoelectric Functions, Changyong (Chase) Cao

Faculty Scholarship

Establishing direct correlations between molecular motion, crystal structure, and macroscopic properties is essential for designing responsive functional materials. Herein, we report a malononitrile-based aggregation-induced emission luminogen (AIEgen), TPA-CN, that crystallizes into multiple polymorphs exhibiting distinct optoelectronic behaviors. In dilute solution, TPA-CN exhibits excitation-dependent emission spanning from sky blue to red under irradiation from 375 to 425 nm, arising from conformational flexibility and multiple excited-state transitions. In the solid state, subtle differences in crystal packing—governed by torsional angles and intermolecular interactions that modulate dipole moments—lead to pronounced variations in luminescence color and piezoelectric response. Mechanical grinding induces mechanochromic emission shifts without …

Trump’S Multi-Pronged Attack On Renewable Energy, Michael B. Gerrard

Faculty Scholarship

Federal policy on renewable energy took a 180-degree turn on the day of Donald Trump’s second inauguration. The Biden administration had rightly seen a massive expansion of clean energy, especially wind and solar and the associated storage and transmission, as key to moving away from fossil fuels and fighting climate change. But Mr. Trump denies that climate change is a serious problem and works to increase both the supply of and the demand for fossil fuels.

This article discusses the range of actions involved in the Trump administration’s attack on renewable energy.