Digital Commons Network^™

Legitimacy And The Major Questions Doctrine, Ronald M. Levin

Scholarship@WashULaw

Questions about the legitimacy of recent Supreme Court decisions are occupying an increasingly prominent place in public law discourse. Last February, a widely discussed feature in the New York Times quoted several well-known law professors' laments that multiple decision by the newly empowered conservative majority of the Court have departed so far from accepted constitutional premises that the professor could not figure out how to teach them to their students

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With due respect to the Chief Justice, I will explain here why the MQD is itself among the few legal developments that I would describe as giving rise to …

Introduction To The Symposium On Digital Evidence, Melissa (M.J.) Durkee, Tamar Megiddo

Scholarship@WashULaw

The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …

The Ambivalent Logics Of Business Representation In International Organizations, Melissa (M.J.) Durkee

Scholarship@WashULaw

The United Nations and its bodies have 'opened up' to a broad range of non-state actors over the last three decades, including for-profit actors and their representatives. The shift is reflected in the UN's sustainable development goals and the Global Compact, emphasizing public-private partnerships; in greater participation of corporations at treaty conferences; in trade group roles as observers at organizations; and in multi-stakeholder projects. Yet international organizations have generally not developed robust responses to legitimacy concerns about businesses becoming closely involved in lawmaking and governance projects. These concerns focus on interest group capture, entrenchment of western economic elites, creeping privatization, …

Against Engagement, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

In this Article, we focus on a key dimension of commercial surveillance by data-intensive digital platforms that is too often treated as a supporting cast member instead of a star of the show: the concept of engagement. Engagement is, simply put, a measure of time, attention, and other interactions with a service. The economic logic of engagement is simple: more engagement equals more ads watched equals more revenue. Engagement is a lucrative digital business model, but it is problematic in several ways that lurk beneath the happy sloganeering of a “free” internet.

Our goal in this Article is to isolate …

Limitations Of The “Four-Fifths Rule” And Statistical Parity Tests For Measuring Fairness, Pauline Kim, Manish Raghavan

Scholarship@WashULaw

To ensure the fairness of algorithmic decision systems, such as employment selection tools, computer scientists and practitioners often refer to the so-called “four-fifths rule” as a measure of a tool’s compliance with anti-discrimination law. This reliance is problematic because the “rule” is in fact not a legal rule for establishing discrimination, and it offers a crude test that will often be over- and under-inclusive in identifying practices that warrant further scrutiny. The “four-fifths rule” is one of a broader class of statistical tests, which we call Statistical Parity Tests (SPTs), that compare selection rates across demographic groups. While some SPTs …

The Validity And Reliability Of Ultrasound As A Tool For Assessing Skeletal Muscle Characteristics In The Pediatric Population, Elizabeth Seewer

Theses and Dissertations (ETD)

Annually, around 5 million people in the U.S. are admitted to Intensive Care Units (ICU) due to critical conditions, with pediatric patients comprising 21% of these admissions. Approximately 40% of pediatric ICU (PICU) patients require mechanical ventilation and extended stays, and about 6% result in death. Survivors often face long-term disabilities, including loss of skeletal muscle mass (SMM), a risk factor for morbidity and mortality. Abdominal computed tomography (CT) scans, often performed during PICU admissions, can assess muscle mass but pose risks of increased cost and radiation exposure. While CT and Magnetic Resonance Imaging (MRI) are gold standards for muscle …

Molecular Determinants Of Trp Channel Gating, Briar J. Bell

Theses and Dissertations (ETD)

Transient Receptor Potential (TRP) ion channels are a family of proteins that contribute to a myriad of physiological functions. They have been extensively studied since their discovery 35 years ago; however, there are still many questions regarding the mechanisms by which they function. This family of proteins is characterized by a generally shared structure: an intracellular N terminus featuring ankyrin repeats, six transmembrane helices including the pore domain, a re-entrant loop and TRP helix, and an intracellular C terminus with varying structure. Each of these regions has been implicated in the regular function of TRPs, while mutations that alter trafficking …

Characterizing The Cellular Response To Astrovirus Infection In The Central Nervous System, Amy E. Davis

Theses and Dissertations (ETD)

Central nervous system (CNS) diseases caused by infectious agents pose significant health challenges, often leading to severe neurological dysfunction with high morbidity and mortality rates. Astroviruses (AstVs), traditionally known for causing gastroenteritis, have recently been identified as neuroinvasive pathogens capable of inducing neurological diseases. This study explores the cellular and molecular mechanisms by which AstV, specifically non-classical VA1 and classical HAstV1 genotypes, induce CNS pathology in human neurons and astrocytes. Utilizing primary human neurons and astrocytes from various brain regions, this research investigates the cytotoxic effects, apoptotic pathways, and inflammatory responses triggered by these viruses. This study reveals that VA1 …

Pan-Cancer Genomic Characterization Of Human Papillomavirus Associated Tumors, Jeremiah Ray Holt

Theses and Dissertations (ETD)

Infection with high-risk human papillomavirus (HPV) accounts for nearly all cervical cancers (CESC), a subset of other anogenital squamous cancers, and increasing rates of head and neck squamous cell carcinomas (HNSC), with each cancer type having heterogenous outcomes due to a general lack of personalized care. Large scale genomic analyses have catalogued the somatic alterations occurring frequently among squamous tumor types including HNSC and CESC, but few studies have incorporated a thorough analysis of HPV genomics. High-risk HPVs are double-stranded DNA (dsDNA) viruses capable of integrating their genomes into host chromosomes, a phenomenon known to promote HPV-associated cancer formation. HPV …

Tokyo-Bot: Emulating Industrial Automation, Erebus Oh , '24, Aaron Omadutt , '24, Dzineon Gyaltsen , '24

Senior Theses, Projects, and Awards

Our E90 project was to design, assemble, and program an omni-directional robot that integrated a web camera to intelligently sort (and ideally transfer from one location to another) colored boxes. The purpose of this project was to simulate an industrial workplace setting where similar types of sorting processes occur, and be able to optimize them. Developing a robot with high maneuverability combined with object detection capabilities could prove to be useful in optimizing workflows in warehouses and processing factories where items constantly need to be located and transported. With three group members, each with their own specializations, the project was …

Hand Tremor Sensing And Characterisation Device, Jackie Le , '24

Senior Theses, Projects, and Awards

Parkinson’s Disease and Essential Tremor are two of the most common tremor-related conditions affecting millions of people globally. Various types of tremors, specifically in the hand, arise as symptoms characteristics to these tremor-related conditions. However, the lack of standardization and certainty between clinical tremor assessments motivates the future of medical devices to provide relevant medical diagnostics. Current literature shows promise for the ability of such devices to revolutionize home healthcare and integrate well into currently existing clinical procedures. This engineering design project aims to design a wearable medical device to detect and computationally characterise various types of tremors in Parkinson’s …

Giddy Guidance: Low-Cost 3d Aircraft With Integrated Autopilot And Stabilization, Mark Lohatepanont , '24

Senior Theses, Projects, and Awards

No abstract provided.

Creating Belonging: Fujianese Migrant Community And Transnational Motherhood, Shu Yi Chen , '24

Senior Theses, Projects, and Awards

No abstract provided.

Une Musique Simple Et Noble, Un Pays Unifié Et Désunifié : La Pensée Des Lumières Dans La Musique Régionale Et L’Unification Nationale Pendant La Troisième République En France, Lauren H. Park , '24

Senior Theses, Projects, and Awards

No abstract provided.

La Chanson Française D’Après-Guerre: La Mythologie D’Une Culture Populaire Et La Masculinisation D’Une Tradition, Mariam Muhammad , '24

Senior Theses, Projects, and Awards

No abstract provided.

Intégration, Identité Et Technologies Numériques : Une Étude De Cas Des Immigrés Marocains De Deuxième Génération Et La Question D’Identité Culturelle Dans L’Espace Numérique, Orlando Y. Azuara Hernandez , '24

Senior Theses, Projects, and Awards

No abstract provided.

La Négociation De L’Altérité Aux Marges : L’Agentivité Des Aventuriers Dans Les Sauteurs Et The Land Between, Destiny Rosulme , '24

Senior Theses, Projects, and Awards

No abstract provided.

Imaginer La Vie De La Fin De L'Anthropocène Dans La Mort De La Terre, Caroline Lucas , '24

Senior Theses, Projects, and Awards

No abstract provided.

2024 Usgs Raccoon Key Quad, U.S. Geological Survey.

Guarding Ossabaw Island: History and Archaeology of the 47th N.Y.V.I. Camp

A map depicting Ossabaw Sound and the surrounding area, published by the U.S. Geological Survey in 2024.

2024 Usgs Raccoon Key, U.S. Geological Survey (Reston, Va)

Guarding Ossabaw Island: History and Archaeology of the 47th N.Y.V.I. Camp

A map depicting the northern end of Ossabaw Island, specifically marking Bradley Point, published by the United States Geological Survey in 2024.

“Raccoon Key.” U.S. Geological Survey, 2024

The Riddle Of Race-Based Redistricting, Travis Crum

Scholarship@WashULaw

The Supreme Court has adopted divergent interpretations of the Equal Protection Clause as applied to race and redistricting. Vote dilution doctrine requires mapmakers to consider race to ensure that racial minorities are not packed or cracked. Congress, moreover, has embraced vote dilution doctrine in Section 2 of the Voting Rights Act. By contrast, racial gerrymandering doctrine triggers strict scrutiny if mapmakers subordinate traditional redistricting principles to race, thereby threatening Section 2’s constitutionality.

To resolve this doctrinal riddle, this Essay examines whether, as originally understood, the Fourteenth or Fifteenth Amendment governed the use of race during redistricting. The Equal Protection Clause …

Reducing Prescription Drug Prices: How Competition Can Make Medications Affordable For Patients - Testimony Of Rachel E. Sachs, Rachel Sachs

Scholarship@WashULaw

In this testimony, I will explain how existing law both keeps branded drug prices high but has also enabled the development of lower-cost generic and biosimilar competition for branded prescription drugs and biological products. This competition can be used to promote access to affordable prescription drugs, benefiting not only patients but also our public payers. However, I will also explain the ways in which existing legislative and regulatory efforts have not always succeeded in promoting competition and will offer a path forward for this Committee to examine reforms that not only encourage the approval of lower-cost products but also ensure …

Washu Expert: Can Trump Bypass Senate Approval Of Controversial Cabinet Nominees?, Andrea Scoseria Katz, Neil Schoenherr

Scholarship@WashULaw

Andrea Katz, an associate professor of law at Washington University in St. Louis, is an expert on constitutional law, with a focus on presidential power. Here, she discusses how Cabinet members are traditionally appointed and whether the Senate or the Supreme Court could stop Trump from doing an end-around on tradition.

Antitrust, Amazon, And Algorithmic Auditing, Jens Frankenreiter, Abhisek Dash, Abhijnan Chakraborty, Saptarshi Ghosh, Animesh Mukherjee, Stefan Bechtold, Krishna P. Gummadi

Scholarship@WashULaw

In digital markets, antitrust law and special regulations aim to ensure that markets remain competitive despite the dominating role that digital platforms play today in everyone's life. Unlike traditional markets, market participant behavior is easily observable in these markets. We present a series of empirical investigations into the extent to which Amazon engages in practices that are typically described as self-preferencing. We discuss how the computer science tools used in this paper can be used in a regulatory environment that is based on algorithmic auditing and requires regulating digital markets at scale.

Sticky Charters? The Surprisingly Tepid Embrace Of Officer-Protecting Waivers In Delaware, Jens Frankenreiter, Eric L. Talley

Scholarship@WashULaw

This article investigates the reaction to a much-heralded 2022 legal reform in Delaware that permitted a corporation’s charter to exculpate its officers from monetary exposure for breaching their fiduciary duty of care. To isolate reactions to this statutory reform, we make extensive use of generative AI tools to identify and interpret charter amendments that introduce officer-facing waivers. We find a surprisingly tepid rate of uptake among Delaware corporations through the end of the first post-reform year, notwithstanding widespread predictions that corporate entities would quickly storm the exculpation exits once permitted to do so.

Our study makes two contributions to the …

Sex & Startups, Jens Frankenreiter, Talia B. Gillis, Eric L. Talley

Scholarship@WashULaw

Venture capital is widely perceived to have a gender problem. Both founders seeking capital and the investors themselves are overwhelmingly male, fomenting concerns about how—and how fairly—the VC sector distributes its economic gains. Although gender disparities in funding are well documented, we still know little about whether the governance of VC-backed startups similarly manifests gender imbalances. This knowledge gap is critical, since VC investments often carry strings attached, in the form of cash flow and control rights that can vary substantially from deal to deal.

This study unveils a first-of-its-kind dataset that offers detailed insights into the governance of VC-backed …

The Debt Limit, Conor Clarke

Scholarship@WashULaw

Every couple of years, it seems, the debt limit shows up to wreak havoc in American law and public finance. By capping the face value of government securities that can be “outstanding at one time,” the statutory limit regularly threatens the Treasury’s ability to raise the revenue needed to fund required government spending. Brinksmanship over the limit has shut down the government, cost the country billions of dollars, and mired financial markets in uncertainty. And yet, despite its obvious and longstanding importance, the limit remains poorly understood. Commentators attribute its beginnings to 1917 and 1941, before which it is assumed …

Measuring Compliance With The California Consumer Privacy Act Over Space And Time, Jens Frankenreiter, Van Tran, Aarushi Mehrotra, Marshini Chetty, Nick Feamster, Lior Strahilevitz

Scholarship@WashULaw

The widespread sharing of consumers personal information with third parties raises significant privacy concerns. The California Consumer Privacy Act (CCPA) mandates that online businesses offer consumers the option to opt out of the sale and sharing of personal information. Our study automatically tracks the presence of the opt-out link longitudinally across multiple states after the California Privacy Rights Act (CPRA) went into effect. We categorize websites based on whether they are subject to CCPA and investigate cases of potential non-compliance. We find a number of websites that implement the opt-out link early and across all examined states but also find …

Whither Coursework And Nextgen Bar Exam Success?, Robert R. Kuehn

Scholarship@WashULaw

The NextGen bar exam will focus on an expanded range of essential lawyering skills and a reduced set of legal topics. Moving toward less reliance on knowledge of the black letter law concepts of past exams, it seeks to build on the successes of clinical legal education, alternative dispute resolution, and legal writing and analysis programs. With outcomes from the first NextGen exam still two years away, this commentary examines what existing research suggests about law school coursework and likely success on NextGen that might guide students and law schools in preparing for the new exam.

Regulatory Monitoring In The Information Economy, Brenda Dvoskin

Scholarship@WashULaw

The administrative state is inadequately structured to define and implement public values related to the design and operation of digital architectures, systems, and processes. The Reimagining the Governance Stack Project at Georgetown Law is a long-term, full-stack effort to reinvent the administrative state so that it is capable of governing the information economy in accordance with public priorities. This first concept paper focuses on regulatory monitoring capacities. Agencies need new tools to monitor compliance with existing public mandates and understand the information economy in order to develop new and more effective regulation.