Digital Commons Network^™

Into The Legal “Twilight Zone”: State Tenth Amendment Jurisdiction Displacing Climate Supremacy, Steven Ferrey

Lewis & Clark Law Review

The Supremacy Clause of the Constitution notwithstanding, western states have utilized their reserved Tenth Amendment Constitutional authority, upheld by federal circuit courts, arbitrarily to block their adjacent states’ sustainable infrastructure to address climate change. The Biden Administration set in motion a rapid electrification of the entire U.S. economy via three different new laws enacted sequentially in 2021, 2022, and 2023. A re-directed federal executive branch now oversees these programs and laws. This Article analyzes how each of those three laws suffers from a critical omission plaguing this most significant infrastructure program in the last half century—now forecast counter-intuitively by some …

Is Originalism Bullshit?, Michael L. Smith

Lewis & Clark Law Review

It’s finally time to answer the big question. This Article draws on the surprisingly robust literature examining the definition, essence, and significance of bullshit and evaluates whether originalist constitutional interpretation fits the bill. I begin with Harry Frankfurt’s definition of bullshit as utterances made in pursuit of the speaker’s goals without regard for their truth value. I also rely on alternate formulations, including bullshit as unclarifiable nonsense as well as contextual and audience-centric variations of bullshit.

While not all instances of originalism are bullshit, I identify those instances which are, and go on to demonstrate that originalism is uniquely prone …

Cause Of Death? -- It's Probably Not What's Reported On The Death Certificate, Lauren R. Roth

Lewis & Clark Law Review

In the age of big data, this country has a data problem—inaccurate and incomplete information in death certificates. The problem has long been hidden by the numbers reported—as have the people whose deaths go uncounted, but the COVID-19 pandemic unveiled the scope of the issue. Since the beginning of the pandemic, “excess deaths” (i.e., any deaths above the number predicted by existing mortality models) have increased significantly. Most of these excess deaths are likely attributable to COVID-19 because the decedent was never tested for COVID-19 or it was one of multiple factors contributing to their death. Other deaths are uncounted …

Survival Of The Social Interest: Redefining The Bruen Standard To Protect Women From Violence Through United States V. Rahimi, Katelyn M. Sundstrom

Lewis & Clark Law Review

This Note explores the intersection of gun rights and gender-based violence within the U.S. legal system. It delves into the pervasive issue of domestic violence and explores the 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which rejected the use of “interest balancing” in evaluating gun regulations in favor of a purely historical and traditional approach. This shift placed significant legal scrutiny on existing firearm restrictions, including 18 U.S.C. § 922(g)(8), which prohibits individuals subject to domestic violence restraining orders from possessing firearms.

The analysis centers on the 2023 case United States v. Rahimi, …

Disrupting Public Defense: A Transitions Theory Approach, Matt Bender

Lewis & Clark Law Review

Public defense problems are well known, but a solution has been elusive. This Article analyzes public defense’s adaptive features using the Multi-Level Perspective (MLP) for the first time. The MLP is a theoretical framework that is often employed to study institutional and societal barriers to innovative ideas, like climate change responses and clean energy transitions. This Article describes the MLP’s theoretical model and uses it to examine why public defense reform consistently fails.

This Article then goes beyond the MLP framework to explore how transition management tools can be used to design and nurture new approaches to public defense. I …

Money Talks: The Disproportionate Influence Of Corporations On U.S. Governance Today, David C. Hayter

Lewis & Clark Law Review

Corruption: “Dishonest or illegal behavior especially by powerful people (such as government officials . . . )”; and “inducement to wrong by improper or unlawful means (such as bribery).”

What does the word “corruption” first bring to mind? For some, maybe a foreign country—where political regimes blatantly use the government as a tool to further personal agendas or gains without due consideration of the citizenry. For others, a fictional movie or TV show depicting politicians and police officers providing protections to mafia members in exchange for cash. No matter what comes to mind, many today think of corruption as manifested …

When The “Attorney Work Product” Is A New Baby: The Case For Parental-Leave Continuance Rules, Michelle Browning Coughlin

Lewis & Clark Law Review

Parental-Leave Continuance Rules (PLCRs) are gender-neutral procedural rules that provide specific frameworks to courts for granting requests for a continuance of a scheduled legal proceeding or deadline if a necessary counsel is unavailable because they or their parenting partner will be experiencing a birth, adoption, or foster placement of a child. Existing laws protecting parental leave in the United States are tied to employment; and since courts are not generally the employers of attorneys appearing before them, they are not obligated to honor an attorney’s parental leave when scheduling a trial or other legal proceeding. While continuances are granted in …

Curing The Cancer Pledge: Three Legal Reforms To Support Employees With Cancer, Hannah R. Weiser, Elizabeth Brown

Lewis & Clark Law Review

The 2023 Super Bowl featured a short film about the #WorkingWithCancer Pledge, a business initiative supporting employees with cancer, to over 100 million viewers. This film highlighted the struggles of a disease that affects a shocking 50% of individuals. It also underscored the need for a broader and more impactful approach ensuring that people with cancer have as full and equitable opportunities to work as other employees. While cancer in the workplace is increasingly common, misconceptions and stigma surrounding cancer exacerbate the gaps in legal protections for both employees with cancer and their employers. Employees with cancer need better legal …

Evaluation Of The Impact Of Secondhand E-Cigarette Aerosols On Ros-Mediated Alterations Of Epigenetic Events: Implications For Copd Pathogenesis And Assessment Of The Efficacy Of Cold Atmospheric Plasma In Degrading Organophosphate Pesticides On Kevlar Materials, Ta-Chun Lin

Masters Theses

"We explored 1) the toxicological impacts of e-cigarette aerosols and 2) the decontamination efficacy of Cold Atmospheric Plasma (CAP) technology over organophosphates. In examining the effects of firsthand and secondhand e-cigarette aerosol exposure on A549 and BEAS-2B lung cells, we observed significant cytotoxicity, increased ROS levels, and epigenetic modifications, including heightened DNA methylation and downregulation of histone deacetylases (HDACs). These molecular alterations may contribute to chronic respiratory conditions, such as COPD, underscoring the health risks of e-cigarette exposure.

We investigated CAP’s effectiveness in degrading organophosphate pesticide (OP) residues on fabric surfaces, revealing that CAP treatment effectively decomposes OPs such as …

Automated Generation Of Malware Metadata Signatures, Joel Schott

Masters Theses

In advanced, targeted malware attacks, the custom software tools used to package and send malicious files and messages can lead to distinctive metadata values that facilitate creation of a malware metadata signature. Manual creation of these signatures requires expert domain knowledge and is time-consuming and error-prone. Our goal is to automate this process. We created several methods of automatically generating malware metadata signatures for ZIP files and emails. We evaluated these methods by comparing signatures generated with these methods to existing expert-created signatures. We found automated methods for ZIP files and emails that are capable of generating metadata signatures that …

Living The Good Life In The Anthropocene, Danielle Stokes

Law Faculty Publications

The Stockholm Resilience Centre has concluded that the number of “planetary boundaries” we are crossing has increased from three in 2009, when the Centre’s researchers first introduced the concept, to six in 2023. Crossing these boundaries means humans are changing basic attributes of planetary systems to the point of risking the future of civilization. And the distinction between “safe” and “just” planetary boundaries raises questions regarding how to conceptualize the “good life.” In this latest in a biannual series of essays, members of the Environmental Law Collaborative explore conceptions of the “good” as well as the various elements necessary to …

Adapting To Change: Navigating The Evolving Role Of Electronic Resources Librarians, Sam Cabo

Law Faculty Publications

The growing number and intricacy of online services, in addition to dwindling formats like CD-ROMs and print, are ushering in new expectations and opportunities for electronic resources librarians (ERLs). From developing data analysis and management strategies, to automating tasks, managing modern authentication workflows, and navigating the nascent landscape of generative artificial intelligence (AI), ERLs are wearing many hats as they adapt quickly to shifts in technology and the needs of their institutions. In November 2024, the authors conducted an informal survey (which generated 51 responses) of American Association of Law Libraries (AALL) members via several My Communities groups. The authors …

The Role Of Tradition In Classical And Contemporary Argument, Laura A. Webb

Law Faculty Publications

Integrating tradition in legal arguments remains an effective persuasive strategy, serving as a source of legitimacy and appeal, fostering the establishment of a shared identity between the speaker and the audience, and cultivating a sense of belonging to a distinct group with defined notions of its identity. This chapter examines the strategic utilization of the concept of tradition in forensic rhetoric. It investigates how communicators shape and influence discourse within forensic settings by leveraging enduring cultural norms, purported intentions and beliefs of esteemed historical figures, and narratives concerning a people's historical trajectory. By examining cases from the popular courts of …

The Masterplot Of The Market, Allison Anna Tait, Luke P. Norris

Law Faculty Publications

Stories about the family, work, and the market circulate in law, legal discourse, and beyond. The family, we are told by numerous authorities, is a non-market site, centred on emotional attachment rather than economic transaction. It is a site of interpersonal care, growth, and nurturance that acts as a counter to the excesses of an unbridled marketplace. The market, in contrast, is a site where autonomous beings contract, pursuing their interests efficiently and maximising wealth. This is one masterplot of the market, which, as it operates in the United States, constructs certain household members outside of the market and constructs …

Brief Of Amici Curiae In Support Of Reversal On Question One, James Gibson

Law Faculty Publications

The Fourth Circuit’s decision to impose contributory liability Cox Communications, Inc. rests on a fundamental misapprehension of Cox’s role as a “conduit” Internet Service Provider. Conduits merely transmit data between endpoints; unlike content-hosting platforms like YouTube or search engines like Google, conduits do not store, curate, or control user content. They merely transmit data on behalf of third parties, and they have no ability to monitor the data they transmit. By treating Cox’s passive provision of Internet access and data transmission as a knowing, material contribution to infringement, the Fourth Circuit collapsed the crucial legal distinction between conduits and hosts, …

Reputation Reconsidered, James Gibson

Law Faculty Publications

Reputation has a great reputation. We know this because the law values, venerates, and subsidizes reputation in many ways. Contract law relies on it as a means of disciplining the market without the need for intrusive regulation. Defamation law lets individuals and businesses seek relief when their reputations are sullied. Trademark law grants exclusive rights in order to encourage rightsholders to invest in their reputations. In these fields and others, the law views reputation as an important, socially positive good.

This faith in the integrity and value of reputation is unwarranted. Our impression of any given business is subject to …

Beyond Wall Street: Inside The Legal Battles Of Private Companies, Jessica M. Erickson

Law Faculty Publications

Boardroom battles on Wall Street command national attention. Yet the vast majority of business disputes in the United States do not take place on Wall Street and do not involve public companies. Nearly all American companies are privately held, and the disputes between the owners of these Main Street businesses seldom make headlines. Nor do they receive much attention in legal scholarship. While scholars have examined these disputes from a theoretical perspective, there have been no empirical studies analyzing lawsuits between the owners of private companies. As a result, we do not know why these business relationships fail or the …

Qualified Immunity & Subjective Knowledge, John F. Preis

Law Faculty Publications

There is something weird going on within the doctrine of qualified immunity. The Supreme Court and lower courts routinely claim that officers who “knowingly violate the law” are not entitled to qualified immunity, but then—in almost the same breath—assert that an officer’s knowledge of the law is irrelevant to the qualified immunity analysis. What is even more strange is that these two opposing views can apparently be traced to the foundational case in the field: Harlow v. Fitzgerald.

This Article explores and proposes a resolution to this apparent contradiction. Beginning with Harlow itself, the Article explores the case using the …

The Beleaguered Sovereign: Judicial Restraints On Public Enforcement, Luke P. Norris, Helen Hershkoff

Law Faculty Publications

Looking back at the federal courts over the last generation, commentators will likely focus on their role in undermining the functioning of the regulatory state. Well-acknowledged in this story are Supreme Court decisions that have constrained administrative agencies under the newly minted “major questions” doctrine, as well as the Court’s blockbuster decision overruling the longstanding Chevron doctrine. The Court also has made it increasingly difficult for individuals—often workers and consumers, people of color, women, and those who live from paycheck to paycheck—to seek federal judicial redress for regulatory violations as private enforcers. And the Court has questioned whether certain private …

Georgia (Rico) On My Mind, Tamika Griffin Moses

Law Faculty Publications

The Georgia RICO indictments against President Donald Trump, the Stop Cop City Protestors, and hip-hop entertainer Young Thug prompted debates regarding the proper scope of prosecutorial discretion and the legitimacy of the charges. This Article adds two critiques to the discourse.

First, it posits that the expansive scope of the Georgia RICO statute not only provides cover for prosecutors to legitimize their charging decisions, but it also permits other system actors, particularly legislators, to challenge the legitimacy of the prosecutions in which they disagree. By connecting the Georgia RICO Indictments to the ongoing debate regarding the proper scope of prosecutorial …

The Fourth Amendment's Hidden Intrusion Doctrine, Laura Ginsberg Abelson

Faculty Journal Articles and Book Chapters

The Fourth Amendment’s concept of probable cause is the linchpin of legal standards governing law enforcement actions such as arrests, searches, and seizures. This article challenges the assumption that the same quantum of evidence can meet the probable cause standard regardless of whether law enforcement seek to conduct a search, to seize evidence, or to make an arrest, and regardless of the intrusiveness of such search or seizure. This paper demonstrates that the Supreme Court implicitly considers the degree of intrusion into privacy or liberty, not just the quantum or quality of evidence, when determining whether probable cause exists. In …

The Legality Of Nuclear-Weapons Sharing Arrangements Under International Law: United States-Nato And Russia-Belarus, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

This Essay argues that certain nuclear sharing agreements between nuclear and non-nuclear powers are legal under the Nuclear Non-Proliferation Treaty. This topic is highly important as Russia has announced its stationing of nuclear weapons in Belarus and Belarus has signaled its intent to use them.

Copyright's Dominion, Shani Shisha

Faculty Journal Articles and Book Chapters

Copyright law is under attack. Scholars and activists have long argued that American copyright law is a shambolic mess—vague, unpredictable, and startlingly overbroad. But amidst the swirling chaos, one core principle has remained intact: the idea that copyright attaches only to intangible goods. In theory, copyright resides in an intangible work of authorship, not a physical artifact. It is the intellectual creation, rather than the material copy, that gives rise to copyright protection. Copyright law thus rests on a stark distinction between the intellectual property of authors and the personal property of consumers—in short, between the intangible work and the …

From Misinformation To Policy Solutions: Teaching Herd Immunity And Vaccine Hesitancy Through Real-World Case Studies Of Measles Outbreaks, Laurieann Klockow

Biomedical Sciences Faculty Research and Publications

Vaccine hesitancy threatens herd immunity, contributing to the resurgence of measles outbreaks. This lesson engages upper-level biomedical science students in analyzing the complex interplay between vaccination rates, herd immunity and vaccine exemption policies through examination of the 2019 New York measles outbreak that threatened the United States’ measles elimination status. Students critically evaluate anti-vaccine misinformation, analyze epidemiological data and develop evidence-based policy recommendations to increase vaccination rates. The lesson combines team-based learning with authentic assessment through vaccine policy development, moving beyond knowledge acquisition and content to building scientific literacy and evidence-based reasoning skills essential for scientifically literate citizens and future …

Bacteria-Engineered Vesicles For Cancer Immunotherapy: From Immunomodulation In Vitro To Anti-Tumor Effects In Melanoma Models, Lan Li

Theses and Dissertations--Chemistry

Bacterial vesicles hold immense potential in various biomedical fields. Among these, outer membrane vesicles (OMVs) produced by Gram-negative bacteria are the most extensively studied. While the exact mechanism of OMV production remains unclear, numerous environmental factors have been shown to influence both their yield and composition. In this study, we investigated the effect of three different antimicrobial families on OMV production by E. coli. Interestingly, antimicrobials within the same family did not provide the same effects on OMV yield, suggesting that OMV production may not directly correlate with the antimicrobial mechanism of action. OMVs have demonstrated tumor-inhibitory activity in multiple …

Development And Prototyping Of A Modular Quadruped Towards Testing Standardization For Legged Robot Stability, Michael Conner Larsen

Graduate Research Theses & Dissertations

Legged robots are well-suited for navigating uneven and unmapped terrain, making them valuable in various robotics applications. Maintaining balance and stability in such environments relies on a combination of sensors, control strategies, and mechanical design. However, selecting the most effective sensing and control method for a given use case remains challenging. Previous studies have explored various approaches, integrating combinations of joint angle measurement, inertial measurement units (IMUs), torque-based control, leg force measurement, image processing, and machine learning, paired with numerous controller designs, which can contribute to stability. However, direct comparisons of these methods are often limited by the need for …

Academic Entitlement: Why Gen Z Students Believe They Deserve Good Grades For Academic Success Regardless Of Their Performance, Clinton Stephen Mawusi

Graduate Research Theses & Dissertations

This thesis explores how Generation Z college students at Northern Illinois University (NIU) understand, negotiate, and express academic expectations and experiences, particularly concerning their sense of academic entitlement. Drawing from semi-structured interviews with 20 full-time undergraduate students across diverse academic disciplines, this qualitative study employed Braun and Clarke’s (2006) six-phase thematic analysis approach to identify patterns in students’ perspectives on grades, effort, and faculty relationships. The findings reveal detailed tensions between students’ desire for recognition of effort and their awareness of institutional standards of academic merit. Participants shared insights into classroom interactions, grading policies, use of campus resources, and the …

Universality Of Complex Valued Neural Networks, Sauvik Mondal

Graduate Research Theses & Dissertations

Neural networks have become central to modern natural science. One of the key components of these networks is the choice of a suitable activation function. In this manuscript, we explore the selection of an optimal activation function in the context of complex-valued neural networks. We aim to characterize the activation functions $\sigma\colon \mathbb{C} \rightarrow \mathbb{C}$, where each neuron performs the operation $\mathbb{C}^N \rightarrow \mathbb{C}$, defined as: $z \mapsto \sigma(b + w^Tz)$. First, we briefly discuss the real-valued counterpart, including the importance of function approximation and the renowned universal approximation theorem. Subsequently, we examine various criteria for complex activation functions that …

Mindful Parenting And Child Outcomes: Examining Potential Mediators, Riley Laffoon

Graduate Research Theses & Dissertations

Incorporating themes from general mindfulness practices, the concept of mindful parenting teaches parents to bring present centered attention and awareness to their interaction with their child. For parents of all children, but especially children who may exhibit more challenging behaviors or attention deficit/hyperactive symptoms, the practice of mindful parenting may be especially useful. Using data collected from parents of children ages 5-8 (n = 179), results of the current study suggest significant positive associations between mindful parenting and supporting good behavior and limit setting, and a negative association with parental over-reactivity. Parent emotion regulation served as a mediator between mindful …

Cultural Model Of Indigenous Custom Marriage, Maria G. Stapleton

Graduate Research Theses & Dissertations

This thesis examines and documents the tradition of Indigenous Custom Marriage (ICM) practiced in a semi-rural community in central Mexico. The arrival of Spaniards to Mesoamerica during the sixteenth century brought new forms of marriage to the region, those of the Christian religion and of the Spanish crown’s laws. While these new forms slowly gained acceptance, the traditional pre-Hispanic Mesoamerican form of getting married has endured over the intervening centuries up through the present. This traditional form of marriage is not monolithic, but shows variation across the diverse ethnic groups, communities, and geographic regions of Mesoamerica. The community studied, Tlanalapa, …