Digital Commons Network^™

Utility, Copyright, And Fair Use After Warhol, Keith N. Hylton

Faculty Scholarship

This paper is a reaction to AWF v. Goldsmith (Warhol), which finds that Warhol’s adaptation of a photograph of Prince, taken by photographer Lynn Goldsmith, is not protected from copyright liability by the fair use defense. The Warhol dissent accuses the majority of being overly concerned with the commercial character of Warhol’s use, while the dissent emphasizes the artistically transformative quality of Warhol’s adaptation. These different approaches provide strong evidence that the theory of fair use remains unclear to the Court. There is a need for a simple positive theory of the fair use doctrine. That need was largely …

Innovative Approaches To On-Demand Continuing Legal Education Ethics Training: A Case Study, Tigran W. Eldred, Molly J. Walker Wilson

Faculty Scholarship

In the ongoing discussions about continuing legal education (CLE), concerns have been raised about the quality of programming that is created and delivered. Critics have emphasized the weaknesses in mandatory programs, arguing that requiring annual training on topics such as legal ethics tends to fall short of stated goals.¹ Too often, it is said, such programs fail to deliver content in an engaging manner that is likely to improve competence.² The picture conjured up is of the bored lawyer, sitting in the back of a room flipping through a newspaper or some other distraction, as CLE instructors passively …

Constitutional Liberalism Through Thick And Thin: Reflections On Frank Michelman’S Constitutional Essentials, James E. Fleming, Linda C. Mcclain

Faculty Scholarship

In his new book, Constitutional Essentials, Frank Michelman provides a splendid elaboration and defense of “the constitutional theory of political liberalism” implicit in John Rawls’s classic work, Political Liberalism. In this essay, we make some observations about what a difference 30 years makes, comparing the political and constitutional climate in which Rawls wrote and published Political Liberalism in 1993 with the climate in which Frank wrote and published this exegesis of it. We focus on (1) changes in our circumstances of pluralism, including the accentuation of polarization and unreasonable views, and (2) the simultaneous breakdown of trust in the Supreme …

Trial Selection And Estimating Damages Equations, Keith N. Hylton

Faculty Scholarship

Many studies have employed regression analysis with data drawn from court opinions. For example, an analyst might use regression analysis to determine the factors that explain the size of damages awards or the factors that determine the probability that the plaintiff will prevail at trial or on appeal. However, the full potential of multiple regression analysis in legal research has not been realized, largely because of the sample selection problem. We propose a method for controlling for sample selection bias using data from court opinions.

Race, Racial Bias, And Imputed Liability Murder, Perry Moriearty, Kat Albrecht, Caitlin Glass

Faculty Scholarship

Even within the sordid annals of American crime and punishment, the doctrines of felony murder and accomplice liability murder stand out. Because they allow states to impose their harshest punishments on defendants who never intended, anticipated, or even caused death, legal scholars have long questioned their legitimacy. What surprisingly few scholars have addressed, however, is who bears the brunt.

This Article is one of the first to explore the racialized impact of the two most controversial and ubiquitous forms of what we call “imputed liability murder.” An analysis of ten years of murder prosecutions in the state of Minnesota reveals …

Human Rights In Hospitals: An End To Routine Shackling, Neil Singh Bedi, Nisha Mathur, Judy D. Wang, Avital Rech, Nancy Gaden, George J. Annas, Sondra S. Crosby

Faculty Scholarship

Medical students (NSB, NM, JDW) spearheaded revision of the policy and clinical practice for shackling incarcerated patients at Boston Medical Center (BMC), the largest safety net hospital in New England. In American hospitals, routine shackling of incarcerated patients with metal restraints is widespread—except for perinatal patients—regardless of consciousness, mobility, illness severity, or age. The modified policy includes individualized assessments and allows incarcerated patients to be unshackled if they meet defined criteria. The students also formed the Stop Shackling Patients Coalition (SSP Coalition) of clinicians, public health practitioners, human rights advocates, and community members determined to humanize the inpatient treatment of …

Cuing Safety In The Law School Classroom: Using A Polyvagal Theory Framework In Support Of Trauma-Informed Teaching Practices, Gigi Walker, Brian Flaherty

Faculty Scholarship

The past few decades have seen a welcomed focus on “Trauma-informed education.” This focus is often traced back to the 1997 Adverse Childhood Experiences study, which identified many significant negative outcomes that resulted from childhood trauma.¹ While the original study focused on outcomes such as chronic health problems, incarceration, and employment challenges, later researchers focused on the negative impacts on education and learning as a result of trauma.² Educators continue to work with this research trying to figure out how to be more “trauma-informed,” and to better reach those students whose lives and learning capacity have been affected …

Jack Daniel’S And The Unfulfilled Promise Of Trademark Use, Stacey Dogan, Jessica Silbey

Faculty Scholarship

In Jack Daniel’s v. VIP Products, the Supreme Court announced a bright-line rule: whatever speech protections govern the use of trademarks in artistic works, no such rule applies “when an alleged infringer uses a trademark in the way the Lanham Act most cares about: as a designation of source for the infringer’s own goods.” Those who engage in “trademark use,” in other words, must face the usual likelihood-of-confusion standard, regardless of whether their use also has expressive dimensions. The Jack Daniel’s defendant conceded that it was engaged in trademark use, so the opinion did not do the hard work …

Structural Sex Discrimination: Why Gynecology Patients Suffer Avoidable Injuries And What The Law Can Do About It, Christopher Robertson, Annabel Kupke, Louise P. King

Faculty Scholarship

The nearly four million Americans who undergo gynecological surgeries each year suffer avoidable lifelong, painful, and disabling injuries. This Article diagnoses the root cause in our legal framework for healthcare finance and identifies legal solutions.

America’s public-private system for reimbursing healthcare pays for procedures rather than outcomes, and it pays substantially more for work on male rather than female anatomies. This disparity is due to the federal government’s reliance on a secretive industry committee to set those rates, and the committee’s reliance on junk science surveys, allowing self-interested and gender-biased responses, contrary to objective measures.

As payors disvalue the bodies …

Beyond "Hard" Skills: Teaching Outward - And Inward-Facing Character-Based Skills To 1ls In Light Of Aba Standard 303(B)(3)'S Professional Identity Requirement, Marni Goldstein Caputo, Kathleen Luz

Faculty Scholarship

In this article, we share some ways in which we have adjusted our teaching to comply with Standard 303(b)(3) by addressing professional identity formation through the vehicles of outward-facing and inward-facing character-based skills. We believe that if law students do not intentionally start *811 exploring their professional identities as soon as they step foot into law school, they run the risk of believing that legal education and practice are somehow separate from their inner, personal identities as lawyers when, of course, they are, and ought to be, enmeshed. By injecting skills into the 1L curriculum that force both the development …

Moving Beyond Statements And Good Intentions In U.S. Law Schools, Angela Onwuachi-Willig

Faculty Scholarship

This Article seeks to answer these questions about how law school leaders might help to cultivate antiracist cultures within their law schools, among their students, and across the legal profession, even in the face of a growing national backlash against antiracism, diversity, equity, and inclusion.³² Part I first establishes why it is important for law schools to "provide [an] education to law students on bias, cross-cultural competency, and racism," as the American Bar Association (ABA) requires, and to train future lawyers who have the abilities to combat racism. ³³ In so doing, Part I defines key terms such as …

Rethinking Foundations And Analyzing New Conflicts: Teaching Law After Dobbs, Nicole Huberfeld, Linda C. Mcclain, Aziza Ahmed

Faculty Scholarship

This Article draws on our diverse and complementary areas of scholarly expertise and teaching experiences across law school and public health curricula to offer a multidisciplinary model for teaching in a variety of courses after Dobbs. Teaching reproductive rights and justice poses extensive challenges in the wake of Dobbs' overruling Roe v. Wade and Planned Parenthood v. Casey, upending a half century of precedents protecting a constitutional right to abortion, and returning the issue to "the people" and the states. This Article offers theoretical and pedagogical perspectives on teaching courses in Reproductive Rights and Justice, as well …

The Partisan Republic: Democracy. Exclusion, The The Fall Of The Founders' Constitution, 1780s-1830s, Matthew Crow, Katlyn Marie Carter, Graham G. Dodds, Jessica K. Lowe, Stephen J. Rockwell, Saul Cornell, Gerald F. Leonard

Faculty Scholarship

This article is a forum on Gerald Leonard and Saul Cornell's The Partisan Republic: Democracy. Exclusion, and the Fall of the Founders' Constitution, 1780s-1830s (Cambridge University Press, 2019). ISBN 978-1-107-02416-8

Roundtable Contents:

• Introduction by Matthew Crow, Hobart and William Smith Colleges
• Review by Katlyn Marie Carter, University of Notre Dame
• Review by Graham G. Dodds, Concordia University, Montreal, Canada
• Review by Jessica K. Lowe, University of Virginia School of Law
• Review by Stephen J. Rockwell, St. Joseph's University
• Author's Response by Saul Cornell, Fordham University
• Author's Response by Gerald Leonard, Boston University

Counting Linearly Polarized Gluons With Lattice Qcd, Shuai Zhao

Physics Faculty Publications

We outline an approach to calculate the transverse-momentum-dependent distribution of linearly polarized gluons inside an unpolarized hadron on the lattice with the help of large momentum effective theory. To achieve this purpose, we propose calculating a Euclidean version of the degree of polarization for a fast-moving hadron on the lattice, which is ultraviolet finite, and no soft function subtraction is needed. It indicates a practical way to explore the distribution of the linearly polarized gluons in a proton and the linearly polarized gluon effects in hadron collisions on the lattice.

Definition Of Fragmentation Functions And The Violation Of Sum Rules, John Collins, Ted C. Rogers

Physics Faculty Publications

We point out a problem with the formulation and derivations of sum rules for quark fragmentation functions that impacts their validity in QCD, but which potentially points toward an improved understanding of final states in inclusive hard processes. Fragmentation functions give the distribution of final-state hadrons arising from a parton exiting a hard scattering, and the sum rules for momentum, electric charge, etc. express conservation of these quantities. The problem arises from a mismatch between the quark quantum numbers of the initial quark and the fact that all observed final-state hadrons are confined bound states with color zero. We point …

Magneto-Thermal Limitations In Superconducting Cavities At High Radio-Frequency Fields, I. Parajuli, G. Ciovati, A. Gurevich

Physics Faculty Publications

The performance of superconducting radio-frequency Nb cavities at high radio-frequency (rf) fields in the absence of field emission can be limited by either a sharp decrease of the quality factor Q₀(B_p) above peak surface magnetic fields B_p ∼100 mT or by a quench. We have measured Q₀(B_p) at 2 K of several 1.3 GHz single-cell Nb cavities with different grain sizes, and with different ambient magnetic fields and cooldown rates below the critical temperature. Temperature mapping and a novel magnetic field mapping systems were used to find the location of “hot-spots” …

Double Distributions And Pseudodistributions, A. V. Radyushkin

Physics Faculty Publications

We describe the approach to lattice extraction of generalized parton distributions (GPDs) that is based on the use of the double distribution (DD) formalism within the pseudodistribution framework. The advantage of using DDs is that GPDs obtained in this way have the mandatory polynomiality property, a nontrivial correlation between 𝓍 and ξ dependences of GPDs. Another advantage of using DDs is that the D-term appears as an independent entity in the DD formalism rather than a part of GPDs H and E. We relate the ξ dependence of GPDs to the width of the α profiles of the corresponding DDs …

A Formalism For Extracting Track Functions From Jet Measurements, Kyle Lee, Ian Moult, Felix Ringer, Wouter J. Waalewijn

Physics Faculty Publications

The continued success of the jet substructure program will require widespread use of tracking information to enable increasingly precise measurements of a broader class of observables. The recent reformulation of jet substructure in terms of energy correlators has simplified the incorporation of universal non-perturbative matrix elements, so called “track functions”, in jet substructure calculations. These advances make it timely to understand how these universal non-perturbative functions can be extracted from hadron collider data, which is complicated by the use jet algorithms. In this paper we introduce a new class of jet functions, which we call (semi-inclusive) track jet functions, which …

Gluon Helicity From Global Analysis Of Experimental Data And Lattice Qcd Ioffe Time Distributions, J. Karpie, R. M. Whitehill, W. Melnitchouk, C. Monahan, K. Orginos, J.-W. Qui, D. G. Richards, N. Sato, S. Zafeiropoulos, Jefferson Lab Angular Momentum And Hadstruc Collaboration

Physics Faculty Publications

We perform a new global analysis of spin-dependent parton distribution functions with the inclusion of Ioffe time pseudodistributions computed in lattice QCD (LQCD), which are directly sensitive to the gluon helicity distribution, Δg. These lattice data have an analogous relationship to parton distributions as do experimental cross sections, and can be readily included in global analyses. We focus in particular on the constraining capability of current LQCD data on the sign of Δg at intermediate parton momentum fractions x, which was recently brought into question by analysis of data in the absence of parton positivity constraints. …

Quantum Logic Control And Precision Measurements Of Molecular Ions In A Ring Trap: An Approach For Testing Fundamental Symmetries, Yan Zhou, Joshua O. Island, Matt Grau

Physics Faculty Publications

This paper presents an experimental platform designed to facilitate quantum logic control of polar molecular ions in a segmented ring ion trap, paving the way for precision measurements. This approach focuses on achieving near-unity state preparation and detection, as well as long spin-precession coherence. A distinctive aspect lies in separating state preparation and detection conducted in a static frame from parity-selective spin precession in a rotating frame. Moreover, the method is designed to support spatially and temporally coincident measurements on multiple ions prepared in states with different sensitivity to the new physics of interest. This provides powerful techniques to probe …

Evolution Of Efimov States, Sebastian M. Dawid, Md Habib E. Islam, Raúl A. Briceño, Andrew W. Jackura

Physics Faculty Publications

The Efimov phenomenon manifests itself as an emergent discrete scaling symmetry in the quantum three-body problem. In the unitarity limit, it leads to an infinite tower of three-body bound states with energies forming a geometric sequence. In this work, we study the evolution of these so-called Efimov states using relativistic scattering theory. We identify them as poles of the three-particle 𝑆 matrix in the complex energy plane, and we study how they transform from virtual states through bound states to resonances when we change the interaction strength. We dial the scattering parameters toward the unitarity limit and observe the emergence …

Novel Measurement Of The Neutron Magnetic Form Factor From A=3 Mirror Nuclei, S. N. Sentiesteban, S. Li, D. Abrams, S. Alsalmi, D. Androic, K. Aniol, J. Arrington, T. Averett, C. Ayerbe Gayoso, J. Bane, S. Barcus, J. Barrow, A. Beck, V. Bellini, H. Bhatt, D. Bhetuwal, D. Biswas, A. Camsonne, J. Castellanos, J. Chen, J. P. Chen, D. Chrisman, M. E. Christy, C. Clarke, S. Covrig, R. Cruz-Torres, D. Day, D. Dutta, E. Fuchey, C. Gal, F. Garibaldi, T. N. Gautam, T. Gogami, J. Gomez, P. Guèye, T. J. Hague, J. O. Hansen, F. Hauenstein, W. Henry, D. W. Higinbotham, R. J. Holt, C. Hyde, K. Itabashi, M. Kaneta, A. Karki, A. T. Katramatou, C. E. Keppel, P. M. King, L. Kurbany, T. Kutz, N. Lashley-Colthirst, W. B. Li, H. Liu, N. Liyange, E. Long, A. Lovato, J. Mammei, P. Markowitz, R. E. Mcclellan, F. Meddi, D. Meekins, R. Michaels, M. Mihovilovič, A. Moyer, S. Nagao, D. Nguyen, M. Nycz, M. Olson, L. Ou, V. Owen, C. Palatchi, B. Pandey, A. Papadopoulou, S. Park, T. Petkovic, S. Premathilake, V. Punjabi, R. D. Ransome, P. E. Reimer, J. Reinhold, S. Riordan, N. Rocco, V.M. Rodriguez, A. Schmidt, B. Schmookler, E. P. Segarra, A. Shahinyan, S. Širca, K. Slifer, P. Solvignon, T. Su, R. Suleiman, L. Tang, Y. Tian, W. Tireman, F. Tortorici, Y. Toyama, K Uehara, G. M. Urciuoli, D. Votaw, J. Williamson, B. Wojtsekhowski, S. Wood, Z. H. Ye, J. Zhang, X. Zheng

Physics Faculty Publications

The electromagnetic form factors of the proton and neutron encode information on the spatial structure of their charge and magnetization distributions. While measurements of the proton are relatively straightforward, the lack of a free neutron target makes measurements of the neutron’s electromagnetic structure more challenging and more sensitive to experimental or model-dependent uncertainties. Various experiments have attempted to extract the neutron form factors from scattering from the neutron in deuterium, with different techniques providing different, and sometimes large, systematic uncertainties. We present results from a novel measurement of the neutron magnetic form factor using quasielastic scattering from the mirror nuclei …

A = 3(E,E') 𝑥B ≥ 1 Cross-Section Ratios And The Isospin Structure Of Short-Range Correlations, A. Schmidt, A. W. Denniston, E. M. Seroka, N. Barnea, D. W. Higinbotham, I. Korover, G. A. Miller, E. Piasetzky, M. Strikman, L. B. Weinstein, R. Weiss, O. Hen

Physics Faculty Publications

We study the relation between measured high-𝑥_𝐵, high-𝑄², helium-3 to tritium, (𝑒,𝑒′) inclusive-scattering cross-section ratios and the relative abundance of high-momentum neutron-proton (𝑛⁢𝑝) and proton-proton (𝑝⁢𝑝) short-range correlated nucleon pairs in three-body (𝐴=3) nuclei. Analysis of these data using a simple pair-counting cross-section model suggested a much smaller 𝑛⁢𝑝/𝑝⁢𝑝 ratio than previously measured in heavier nuclei, questioning our understanding of 𝐴 = 3 nuclei and, by extension, all other nuclei. Here, we examine this finding using spectral-function-based cross-section calculations, with both an ab initio 𝐴 = 3 spectral function and effective generalized contact formalism spectral functions …

Continuous-Variable Quantum Computation Of The O(3) Model In 1+1 Dimensions, Raghav G. Jha, Felix Ringer, George Siopsis, Shane Thompson

Physics Faculty Publications

We formulate the O(3) nonlinear sigma model in 1+1 dimensions as a limit of a three-component scalar field theory restricted to the unit sphere in the large squeezing limit. This allows us to describe the model in terms of the continuous-variable (CV) approach to quantum computing. We construct the ground state and excited states using the coupled-cluster Ansatz and find excellent agreement with the exact diagonalization results for a small number of lattice sites. We then present the simulation protocol for the time evolution of the model using CV gates and obtain numerical results using a photonic quantum simulator. We …

Integrable Symplectic Maps With A Polygon Tessellation, T. Zolkin, Y. Kharkov, S. Nagaitsev

Physics Faculty Publications

Identifying integrable dynamics remains a formidable challenge, and despite centuries of research, only a handful of examples are known to date. In this article, we explore a distinct form of area-preserving (symplectic) mappings derived from the stroboscopic Poincaré cross section of a kicked rotator—an oscillator subjected to an external force periodically switched on in short pulses. The significance of this class of problems extends to various applications in physics and mathematics, including particle accelerators, crystallography, and studies of chaos. Notably, Suris's theorem constrains the integrability within this category of mappings, outlining potential scenarios with analytic invariants of motion. In this …

𝑋⁢𝑌𝑍 Spectroscopy At Electron-Hadron Facilities. Iii. Semi-Inclusive Processes With Vector Exchange, D. Winney, A. Pilloni, R. J. Perry, Ł. Bibrzycki, C. Fernández-Ramírez, N. Hammoud, V. Mathieu, G. Montaña, A. Rodas, V. Shastry, W. A. Smith, A. P. Szczepaniak

Physics Faculty Publications

Inclusive production processes will be important for the first observations of 𝑋⁢𝑌𝑍 states at new generation electron-hadron colliders, as they generally benefit from larger cross sections than their exclusive counterparts. We make predictions of semi-inclusive photoproduction of the 𝜒_𝑐1(1𝑃) and 𝑋(3872), whose peripheral production is assumed to be dominated by vector exchanges. We validate the applicability of vector meson dominance in the axial-vector charmonium sector and calculate production rates at center-of-mass energies relevant for future experimental facilities. We find the semi-inclusive cross sections near the threshold to be enhanced by a factor of ∼2–3 compared to the exclusive …

Field, Frequency, And Temperature Dependencies Of The Surface Resistance Of Nitrogen Diffused Niobium Superconducting Radio Frequency Cavities, P. Dhakal, B. D. Khanal, A. Gurevich, G. Ciovati

Physics Faculty Publications

We investigate the rf performance of several single-cell superconducting radio-frequency cavities subjected to low temperature heat treatment in nitrogen environment. The cavities were treated at temperature 120–165 °C for an extended period of time (24–48 h) either in high vacuum or in a low partial pressure of ultrapure nitrogen. The improvement in 𝑄0 with a 𝑄 rise was observed when nitrogen gas was injected at ∼300 °C during the cavity cooldown from 800 °C and held at 165 °C, without any degradation in accelerating gradient over the baseline performance. The treatment was applied to several elliptical cavities with frequency ranging …

An Early Byzantine Ecclesiastical Complex At Ashdod-Yam: Correlating Geophysical Prospection With Excavated Remains, Yaniv Darvasi, Alexander Fantalkin, Paul Brindza, Amotz Agnon

Physics Faculty Publications

In this study we show the successful deployment of Ground Penetrating Radar (GPR) together with Electrical Resistivity Surveys (ERS) in guiding the archeological excavations at Ashdod-Yam (southern coast of Israel). This approach enabled the precise identification of excavation targets relating to an Early Byzantine ecclesiastical complex located in a residential neighborhood of the modern city of Ashdod. Applied over the course of five years, the combined use of GPR and ERS, interspersed with phases of archeological excavation, not only facilitated an efficient exploration but also ensured the preservation of valuable historical structures. The geophysical data, corroborated by drone images of …

Shock-Discharge Interaction Model Extended Into The Third Dimension, Anna Markhotok

Physics Faculty Publications

This work is an addition to the previously developed two-dimensional model of the shock-plasma interaction, extending it into the third dimension. The model can trace the evolution of the state of the hypersonic flow and the shock front refracted at a thermal discontinuity. The advantages of using the spherical coordinate system for this type of problem include increased transparency in interpreting the solution and a shortened calculation procedure, because all the changes to the front are reduced to one distortion component. Although the vorticity generation triggered at the interface is a consequence of the refraction and tied to the steep …

Is Infrared-Collinear Safe Information All You Need For Jet Classification?, Dimitrios Athanasakos, Andrew J. Larkoski, James Mulligan, Mateusz Ploskoń, Felix Ringer

Physics Faculty Publications

Machine learning-based jet classifiers are able to achieve impressive tagging performance in a variety of applications in high-energy and nuclear physics. However, it remains unclear in many cases which aspects of jets give rise to this discriminating power, and whether jet observables that are tractable in perturbative QCD such as those obeying infrared-collinear (IRC) safety serve as sufficient inputs. In this article, we introduce a new classifier, Jet Flow Networks (JFNs), in an effort to address the question of whether IRC unsafe information provides additional discriminating power in jet classification. JFNs are permutation-invariant neural networks (deep sets) that take as …